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HomeMy WebLinkAboutPW CNT 87-01/Knaus Construction CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 21st day of August , 1987 , 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 , herein- after referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor , for the consideration 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. 87-01 for sewer interceptor for Public Works Department , pursuant to Resolution #216 adopted by the Common Council of the City of Oshkosh on 20th day of August , 1987 , all in accordance and in strict compliance with the Contractor's proposal and the other contract documens 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 contract the sum of 1446,117.50 , adjusted by any changes as provided in the General Conditions , or any changes hereafter mutually agreed upon 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 1 ........... 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 enumerated 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 "Contractor" 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 this contract to be sealed with its corporate seal and to be sub - 2 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 CT c- i KNAUS CONSTRUCTION INC. =By : �rnLl-/ c� '; --Py�5.i.c "1- ( Seal of Contractor (Specify Title) if a Corporation . ) –_'PLC€ L21 JSLI2L " (Specify Title) `�`� CITY OF 0 HKOSH J___OLOLLLOL t _ / ._.4 BY : _ Z4 (Wi-tne - ) William D . Frueh , City Manager ?=LSI. _ `–L iL . And : C '-LL1 '%f (Witness ) Donna C . Serwas , City Clerk I certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under the within contract. Edward A. Nokes , City Comptroller Approved as to ';rrm Warren P. Kraft , ' sst , City Attorney 3 C) 1 eh dam, Change Order No. 3 February 24, 1988 Contract No. 87-01, Eleventh Avenue Sewer Interceptor Owner: City of Oshkosh Contractor: Knaus Construction, Inc. 1691 E. Mason Street Greenbay, WI 54302 (414) 468-5384 Engineer: Howard Needles Tammen & Bergendoff Contract No. 87-01, Eleventh Avenue Sewer Interceptor, is hereby amended and changed as follows: Adjustments to the original bid price of $496,137.50 to account for final quantities used in the project greater or less than those bid result in a net credit to the Owner of $21,672.50. Detailed listing of quantity and cost adjustments for each of the affected bid items, as well as final costs for all bid and change order items is attached to this Change Order form. Original Amount of Contract: $496,137.50 Total Amount of Previous Change Orders To Date: 35,760.32 Previous Adjusted Contract Amount: 531,891.82 Change Order No. 3 Amount: (21,672.50) Total Amount of Contract Including C.O. No. 3: $510,225.32 RECOMMENDED: 4 � ' M � 1) I 2,4 $8 ,Jeff: . Mazanec, HNTB APPROVES BY THE CITY OF OSHKOSH: I f William D. Frueh Gerald F . •nrad Donna C. Serwas City Manager Director of Public Works City Clerk APPROVED AS T R : I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, City Attorney Wisconsin, under the within Change Order. APPROVED AND ACCEPTED: � :�' U V`-c'�'C ✓' Edward A. Nokes Comptroller By:B y: ° / 1 Knaus Construction, Inc. Date Title: C I—I F!"it' Contractor: Knaus Construction, Inc. 1691 E. Mason Street ORIGINAL BID FINAL QUANTITY - QUANTITY & COST Greenbay, WI 54302 QUANTITIES TOTAL WORK OVER or (UNDER) (414) 468-5384 AND COSTS COMPLETED ORIGINAL BID Bid Item Description Units Unit Price Item Cost Oty PRICE Oty PRICE 1 225 Lf 8" Sewer LF $47.50 $10,687.50 222 $10,545.00 (3) ($142.50) 2 74 Lf 10" Sewer LF 90.00 6,660.00 80 7,200.00 6 540.00 3 260 Lf 15" Sewer LF 78.00 20,280.00 260 20,280.00 0 0.00 4 1,310 Lf 18" Sewer LF 67.50 88,425.00 1,304 88,020.00 (6) (405.00) 5 1,490 Lf 21" Sewer LF 111.00 165,390.00 1,487 165,057.00 (3) (333.00) 6 62 Lf 21" Steel-encased Sewer LF 165.00 10,230.00 60 9,900.00 (2) (330.00) 7 11 Each Standard Manholes Each 2,000.00 22,000.00 11 22,000.00 0 0.00 8 7 Each Drop Manhole Each 2,500.00 17,500.00 7 17,500.00 0 0,00 9 3 Each Special Manhole Each 6,000.00 18,000.00 3 18,000.00 0 0.00 10 2 Each 5 Ft. Diameter Manhole Each 5,500.00 11,000.00 2 11,000.00 0 0.00 11 630 Lf Special Laterals LF 43.00 27,090.00 616 26,488.00 (14) (602.00) 12 50 Lateral Connections Each 225.00 11,250.00 46 10,350.00 (4) (900.00) 13 735 Lf Conc Pavmt Restoration LF 35.00 25,725.00 735 25,725.00 0 0.00 14 2,650 Lf Of Restoration LF 16.00 42,400.00 2,650 42,400.00 0 0.00 15 80 Cy Rock Excavation CY 150.00 12,000.00 0 0.00 (80) (12,000.00) 16 5 Ea. Water Main Offsets Each $1,500.00 $7,500.00 0 $0.00 (5) ($7,500.00) TOTAL - BID ITEMS 1 thru 16 $496,137.50 $474,465.00 ($21,672.50) CHANGE ORDER NO. 1: New Sewer in 24th Ave - S Main St to Doty St CO Item Description Units Unit Price TOTAL 3X 244 Lf 15" Sewer LF 78.00 $19,032.00 12X 2 Lateral Connections Each 225.00 450.00 13X 110 Lf Conc Pavmt Restoration LF 35.00 3,850.00 14X 134 Lf Of Restoration LF 16.00 2,144.00 X1 Modify 4 Existing Manholes Each 650.00 2,600.00 X2 Manhole And Sewer, Abandonment LS 1,150.00 (Deleted) Total Change Order No.1 $28,076.00 CHANGE ORDER NO. 2: Oshkosh WWTP 53" X 34" Outfall Pipe Description Units Unit Price TOTAL Remove And Re-install 36 Lf Of 34" X 53" LS $7,684.32 Outfall Sewer Pipe Total Change Order No. 2 $7,684.32 CHANGE ORDER NO. 3: Final Quantity and Cost Adjustment Quantity Adjustment: UP/(DOWN) Bid Item Description Units Unit Price Bid Cost Used Final Cost Quantity Cost 1 225 Lf 8" Sewer LF $47.50 10,687.50 222 $10,545.00 (3) ($142.50) 2 74 Lf 10" Sewer LF 90.00 6,660.00 80 7,200.00 6 540.00 4 1,310 Lf 18" Sewer LF 67.50 88,425.00 1,304 88,020.00 (6) (405.00) 5 1,490 Lf 21" Sewer LF 111.00 165,390.00 1,487 165,057.00 (3) (333.00) 6 62 Lf 21" Steel-encased Sewer LF 165.00 10,230.00 60 9,900.00 (2) (330.00) 11 630 Lf Special Laterals LF 43.00 27,090.00 616 26,488.00 (14) (602.00) 12 50 Lateral Connections Each 225.00 11,250.00 46 10,350.00 (4) (900.00) 15 80 Cy Rock Excavation CY 150.00 12,000.00 0 0.00 (80) (12,000.00) 16 5 Ea. Water Main Offsets Each 1500.00 7,500.00 0 0.00 (5) (7,500.00) Total Change Order No. 3 ($21,672.50) ORIGINAL COST: BID ITEMS 1 THRU 16 $496,137.50 CHANGE ORDER NO. 1: 24th/Doty Sewer 28,076.00 CHANGE ORDER NO. 2: WWTP Outfall 7,684.32 CHANGE ORDER NO. 3: Final Quantity Adjustment (21,672.50) Final Contract Price - Bid Items & Change Orders: $510,225.32 .,:ti . - . . , ,.HNTB CHANGE ORDER 1 PROJECT TITLE 11th Avenue Sewer Interceptor PROJECT NO. n/a CONTRACT NO. 87-01 CONTRACT DATE Sept 87 CONTRACTOR• Knaus Construction Inc. The following changes are hereby made to the Contract Documents: Remove existing 12- inch diameter sewer in 24th Avenue between South Main and Doty Streets , and replace with 15-inch diameter sewer in accordance with Contract Doc- uments and Specifications , and line plan and profile drawings to be provided by the Owner. Work includes installation of 15-inch sewer between MH 14-183 and 14-' 453, and MH 14-453 and 14-186. Existing manholes 14-183, 14-453 abd 14-186 are to be modified; manhole 14-185 is to be abandoned. Justification: Sewer size is inadequate for projected design flow rates. Replacement is necessary in accordance with project Facility Planning. CHANGE TO CONTRACT PRICE : Will be determined on unit price basis plus $1 ,950 for MH reconstruction and $1 , 150 for manhole and sewer abandonment. Estimated total is Original Contract Price: $ 496, 1 37. 50 •based on quantity estimates, see below. Current contract price, as adjusted by previous change orders: $ 496, 137- 50 The Contract Price due to this Change Order will be [increased] [eo ,a t„(1) by $ 27,750 The new Contract Price due to this Change Order will be: $ 523 ,887.50 Estimated Cost Breakdown: 15- inch sewer @ $78/1f x 240 if = $18,720 Bit Conc Restoration @ $16/1f x 130 If = 2,080 PC Conc Restoration @ $35/1f x 110 if = 3,850 CHANGE TO CONTRACT TIME MH Reconst. @ $650 ea x 3 = 1 ,950 MH/Sewer Abandonment @ $1 , 150 Is = 1 , 150 The Contract Time will be [increased] [decteetaefJ4 by fourteen calendar days. $27,750 The date for completion of all work under the contract will be December 21 , 1987 Approvals Required: To be effective,this order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Requested by City of Oshkosh - Gerald F. Konrad, DPW y�1 date 10/2/87 Recommended by HNTB - Jeff M. Mazanec, Project Manager 1,''1G( date 10/7/87 Ordered by City of Oshkosh - Gerald F. Konrad, DPW date Accepted by Knaus Construction, Inc. - Donald Kn us , President date iD/ F/?1/ Wiley-Fisk Form 15-3 Page 2, Change Order #1, Contract 87-01 Reco ' - ded: CITY OSHKOSH /7 i i_ i i By: imnirector o �'u: rC Works ity anager tiC\(47/ (i City Clerk 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. Comptroller Appro ed as to form:' City Attorney CHANGE ORDER NO. 2 TO: Knaus Construction, Inc. DATED: December 1, 1987 1691 E. Mason Street Green Bay, WI 54302 Your present contract with the City of Oshkosh, Contract No. 87-01 _ y 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 Repair outfall line for Wastewater Treatment Plant damaged by Centennial Contractors Corporation during work under Contract 85-01 Not to exceed $9,500.00 Aecomm ded : p / CITY OF OSHKOSH Director of-Public Works_ By e- City City Manager a City Clerk Approved and accepted; 5a iu.r cj Contractor I certify that provision has been made to pay will accrue to the City of Oshkosh, Wisconsin, tunder athe�withint Change Order. *r Comptroller A•proved - s to form: 4i 4.h 'A.4 City it orney JA-or' I CERTIFICATE N E .. OF PROOUCFR THIS CEPPFICATE IS ISSUED AS A MATTER OF INFORMATION OILY AND CONFERS NO RIGHTS UPON THE CERTIFICATE'.HOLDER.THIS CERTIFICATE ISOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEY. BELOW. Murphy/Alexander & Alexander, Inc. 701 Cherry Street COMPANIES AFFORDING COVERAGE P.O. Box 1204 — -- -- —Green Bay, WI 54305-1204 COMPANY A Continential Casualty Corny. . COMPANY B INSURED LETTER Transportation Ins. Co. , �" Knaus Construction Co. , Inc. COMPANY c 1691 East Mason Street Tower Insurance Company I — Green Bay, WI 54302 COMPANY LETTER D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS.AND CONDI ' TIONS OF SUCH POLICIES. 3 IE✓EF G E f Y XP RATION TR GENERAL OF INSURANCE PC K 'NUMBER ,,C NI ,,„, ALL LIMITS IN THOUSANDS A F,MJ D �I� �E AL LIABILITY - - +,V, AGGREGATE $ 1 ,000 x' COMMERCIAL GENERAL LIABILITY FoODEG,T5 COMP,OPS AGGREa Cr $ is• C-AIMS YALE x OM R ENCE GL022074318 7/1/87 7/1/88 PERSPGAL e RDVERT RAG 0. R $ -4000 _ A 1 OWN..R S&CONTRACTORS PROTEC V_ A CE.ANT JaE ARE ,rF S:i. NV E RSON i 1,000 r0 — AUTOMOBILE LIABILITY I ANY AUTO I 1$ 1,000 �� " A x A!L OVINE AUTOS BUA062074316 7/1/87 7/1/88 I BODE:E ' x i SCHEDULED AUTOS 1 ,PEA PERSON' $ 1-- - x HIRED AUTOS ! I-INJURY Y xg X NON OWNED AUTOS I 3 AGCIOEN?I $ -_ GARAGE LABILITY PROPERTY T AT '" " ,JAMA E '$ s `,n z EXCESS LIABILITY EAC c,,,REGATE � { O�.cURREVG� x UM8100247508 i 7/1/87 7/1/88 $ 3,000 $ 3,000 A OTHER THAN UMBRELLA FORM i 1 STATUTORY 1 k.,RE"..` 5 #,, „+Tr° B WORKERS' ANDPENSATION ; WC00226648 7/1/87 i 7/1/88 I$100 A;R ACCC N i ! $500 CEASE POLED_,M IG; EMPLOYERS'LIABILITY $100 C!iASE EACH EMVTOYEE OTHER ---------- S i C Builders Risk c # to be determined 1 9/2/87 ( 1/1/88 ' $496,137.50 (All Risks) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I RESTRICTIONS!SPECIAL ITEMS 11th Avenue Sewer Interceptor Contract No. 87-01 CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL LED BEFORE THE EX- City of Oshkosh PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO H.O. Box 1130 MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Oshkosh, WI 54902-1130 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OEILIGATION OR LIABILITY OF ANY KIND UPON THE Cuig NY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(11/85) ©IIR/ACORD C0RPORATION 198' ORIGINAL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Knaus Construction, Inc . 1691 E . Mason Street IM«.l.a Co.t.set«l Green Bay, WI 54302 IM.,.ss«Conl.setal corporation a , hereinafter called Principal, and MCo terwan.ratn...n.o.«ln«M.Y«I Fidelity and Deposit Company of Maryland I�aan.d Swsryl Baltimore , Maryland • IAaa.as d S,..sryl hereinafter called Surety. are held and firmly bound unto City of Oshkosh L1 Church Avenue OW.,of chowl P. 0. Box 1130 Oshkosh, WI 54902-1130 I.w.,•..«c.n«1 hereinafter called OWNER, in the penal sum of Four hundred ninety—six thousand one hundred thirty—seven and 50/100 Dollars, S( 496 , 137 . 5Q) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 21st day of 19 87 , a copy of which is hereto attached and made a part hereof for the construction of: 11th Avenue Sewer Interceptor, Public Works Contract No . 87-01 , Oshkosh, Wisconsin. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract dur- ing the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. CONTRACT DOCUMENTS FOR CONSTRUCTION OF Occumonl,,10 T FEDERALLY ASSISTED WATER AND SEWER PROJECTS • P,namanw Bate Pap.1 d 2 PF-1 PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the con- tract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change. extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 3 counterparts. each (NuenOM I one of which shall be deemed an original, this the 2nd day of September 19 Bt7 Knaus Construction, Inc . ATTEST: tc e ' / ��c� ter r B � /if 4e—cow 1691 E. Mason Street (SEAS J t'Q� l 11L1.tiPS� Green Bay, WI 54302 L X41 1 ....u ro.ap.., IAOp.►.1 Vcc 5 "4 ( "Z"•( Fidelity and Deposit Company of Maryland S.ram ATTEST: IS,...,,,S.c..,.•, • (SEAL) 4111 • ..10 SI,P. B y (t( 4 I / AI1P i 1 Green Bay, Wisconsin Gr4rn Bay, Wisconsin 1A00r111.1 41,40,114111 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment's most current list (Circular 570 as amended) and be authorized to transact business in the state where the PROJECT is located. Document No 7 Pyrformance Bona:Papa 2 al 2 P F-2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Knaus Construction, Inc . 1691 1; . Mason Street '"•" °'Oo"'•"" Green Bay, WI 54302 (A..Hf►a C.U.CIdl corporation hereinafter called Principal. and Fidelity and Deposit Company of Maryland 041111,0.'$....nI Baltimore , Maryland hereinafter called Surety. are held and firmly bound unto City of Oshkosh 215 Church Avenue 00... P. 0. Box 1130 Oshkosh, WI 54902-1130 _,..hereinafter.calle OWNER, in the, penal s 1Four hundred*Do]larsi 5496 , 137} 50) -ninety-six thousand one epunared tQhirty-seven and 5 0 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 21st day of Augus t 1987 . a copy of which is hereto attached and made a part hereof for the construc- tion of: 11th Avenue Sewer Interceptor, Public Works Contract No . 87-01 , Oshkosh, Wisconsin. NOW. THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized exten- sion or modification thereof, including all amounts due for materials, lubricants, oil. gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. CONTRACT DOCUMENTS FOR CONSTRUCTION OF Document No FEDERALLY ASSISTED WATER AND SEWER PROJECTS Pawnees Song Pepe 1 d 2 PY-1 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the con- tract or to the WORK to be performed thereunder or the SPECIFICATIONS accom- panying the same shall in any wise affect its obligation on this BOND, and it does here- by waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CON- TRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 3 counterparts, each (rr,rntlM l one o,)vhich shall be deemed an original. this the 2nd day of September 19 ATTEST: Knaus Construction, Inc . -•i6 tAILv__4 ° - --C�st-L.IV-J IA."c .'I SPCrerary • (SEAL) f 8y (s) 1691 E. Mason Street tApO..,.l Green Bay, Wisconsin 54302 i :/fVYI,(.,�-. (',�(.C-11.r'A fk wt.gff t1 Pr� �pal U QAL. • 54,-3 Fidelity and Deposit Company of Maryland 5. XiNTTEgTX Witness : By S% ��L •tla ac, . .� Gre-n Bay, Wisconsin VIM I Si tp S.rery (AppgNl Green Bay, Wisconsin (�pprpYl NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury De- partment's most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located. Document No e Payment Bono.Page 2 of 2 PY-2 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OFFICE,BALTIMORE,MO 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 in full force and effect on the date hereof, does hereby nominate, constitute and appoint James A. Temp, Roger G. Ferris, Mark,:‘ ,-., Boland, J. Hlinak, Timothy J. McKenna, P. L. Schlauch and Jeffrey Ri Meisinger1 all of Green Bay, Wisconsin, EACH (V't'. . its true andlawful agent and Attorney-in-Fact,to make,execute,seal and delti c:or,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings. . n• e execution of such bonds or undertakings i_pttsttance of fitisi.presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they bad been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper personsThis power of attorney revokes that issued on behalf of James A ,Temp, etal, gated, April 1 , 1987. The said Assistant Secretary does hereby.`certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in.force. IN WITNESS WHEREOF, the said V.zce-President and Assistant Secretary have hereunto subscribed the 9 names and affixed the ' Corporate Seal of the said FIDELIT AND DEPOSIT COMPANY OF MARYLAND, this day of August , A.D. 198 '°�� FIDELITY AND DEPOSIT COMPANY OF MARYLAND )0S4414ezie...." ..----) -.-..re X.ATTEST: `SEAL) G V . 6,4,4_,,,,.c ..... r As Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE 1 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. 4°:17;N. �=7 / "Fa"`'' Notary Public Corn fission Ex.'•es iul 1 , 1990 A.,MA[:C1'. 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 2nd day of September , 1987. n 184-3544 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgagee,, , .and to affix the seal of the Company thereto." L1428b ._.._.....