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Marino Construction/Grand Opera House Restoration
o V/LI ER • THE AMERICAN INSTITUTE OF ARCHITECTS , AlA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the twentieth (20th) day of June in the year of Nineteen Hundred and Eight-Five BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: MARINO CONSTRUCTION COMPANY, INC. 3620 South Clement Avenue Milwaukee, Wisconsin 53207 The Project: PHASES III & IV — RESTORATION & REHABILITATION THE GRAND OPERA HOUSE OSHKOSH, WISCONSIN The Architect: YARBRO—KEMPINGER ARCHITECTS , INC. PFALLER HERBST ASSOCIATES , INC. 1018 West South Park Avenue Oshkosh, Wisconsin 54901 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958,1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. A1A DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 FILE NO. 8133/79005 — PHASES III & IV ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) DIVISIONS 2 thru 10 —GENERAL CONSTRUCTION Phases III & IV Restoration & Rehabilitation The Grand Opera House Oshkosh, Wisconsin ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on July 1 , 1985 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than July 1 , 1986 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) If the Contractor shall neglect , fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner then the Contractor does hereby agree , as a part of consideration for the awarding of this contract, to pay to the Owner the amount of $300 . 00/day, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM/ ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 FILE NO. 8133/79005 — PHASES III & IV ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of FIVE HUNDRED NINETY THREE THOUSAND SIX HUNDRED AND NO/100THS DOLLARS ($593 , 600. 00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Basis for Contract Sum Contractor ' s Proposal dated 13 June 1985 Lump Sum Base Bid No. 1, accepted Alternate Bid No . 1A, not accepted $575, 800. 00 Alternate Bid No . 1B, accepted, add 00. 00 5, 000. 00 Alternate Bid No. 1C, accepted, add Alternate Bid No. 1D, accepted, add 6,400. 00 6 ,400. 00 Alternate Bid No. 1E, not accepted but Owner reserves the right to reinstate this Alternate at the original bid amount. 00. 00 TOTAL CONTRACT SUM $593 , 600. 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than three (3) days following the end of the period covered by the Application for Payment ninety percent ( 90%) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner;xrxbuim subxtmtaths xxmkitoncobth kXieintlxxx kimktR €o Rk ' Rxxxx xxxxxxxxxxxxgRrAmtkxxx3aRklmkTo.tobbm6rizfoginommtsxmAlltx5fgkx1061TAxiAttmlimik xxM34214` 'NIXIRIXCk 14XiR'KkinRIXt>allcxxxxxxxxxxxxxxxxxxxxxxx (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) 10% will be retained on the value of the first 50% of the work. There will be no retainage on balance to completion. Upon determination by the Architect/Engineer that satisfactory progress has been made, payments authorized at time of substantial completion shall be for total retainage in contract except that an amount equal to twice the estimated cost to complete or correct items on a tentative list of uncompleted items shall be retained until final completion. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) MA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 FILE 8133/79005 - PHASES III & IV ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract (General,Supplementary,and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) SPECIFICATION, FILE 8133/79005, Dated 9 May 1985 TITLE PAGE Pages Thru TABLE OF CONTENTS 1 Page DIVISION 1 - CONDITIONS OF THE CONTRACT TC/ 3 Federal Requirements and Regulations Equal Employment Opportunity, and Federal Labor Standards Part II • Federal Labor Standards 1-11 General Conditions 1- 4 Supplementary Conditions 19 General Requirements SC/20 DIVISIONS 2 thru 10 - GENERAL CONSTRUCTION GR/16 Section - Title 02050 - Demo ition 02200 - Earthwork 02050/ 4 02444 - Fence and Gate 02200/ 3 02444/ 4 03200 - Concrete Reinforcement 03300 - Concrete 03200/ 3 03300/ 9 04200 - Masonry 04210 - Masonry Tuckpointing 04200/ 8 04210/ 3 05100 - Structural Metal 05500 - Miscellaneous Metals 05100/ 5 05500/ 7 T I ; -ement entered into as of the day and year first written above. OWNER CONTRACTOR AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE NO. 8133/79005 — PHASES III & IV Pages Thru 06100 - Rough Carpentry 06100/ 8 06200 - Finished Carpentry 06200/21 06220 - Custom Cabinet Work 06220/ 5 07150 - Dampproofing 07150/ 2 07200 - Insulation 07200/ 2 07300 - Asphalt Shingles 07300/ 3 07500 - Roofing Repairs 07500/ 4 07800 - Roof Hatches 07800/ 3 07830 - Floor Hatch 07830/ 2 07900 - Sealants 07900/ 4 08110 - Metal Doors and Frames 08110/ 4 08200 - Wood Doors, Shutters and Fixed Sash 08200/ 4 08700 - Hardware 08700/ 8 08800 - Glass and Glazing 08800/ 4 09201 - Lathing 09201/ 6 09204 - Plaster 09204/ 8 09300 - Tile Work 09300/ 7 09500 - Acoustical 09500/ 3 09650 - Vinyl Work 09650/ 2 09900 - Painting 09900/10 09910 - Historical Decoration 09910/ 2 10150 - Toilet Compartments 10150/ 3 10520 - Fire Extinguishers and Cabinet 10520/ 2 10800 - Building Accessories 10800/ 3 10990 - Handicapped Lift 10990/ 3 ADDENDA No. 1 dated 29 May 1985 No. 2 dated 30 May 1985 No. 3 dated 6 June 1985 No. 4 dated 7 June 1985 DRAWINGS , FILE 8133/79005 - PHASES III & IV, dated 9 May 1985 Title Sheet 1 Sheet Architectural A-1 thru A-40 Structural S-1 thru S-3 CONTRACTOR'S PROPOSAL, dated 13 June 1985 Pages C/1 , C/2 , C/3 and C/8 , attached hereto as ATTACHEMENT A ATTACHMENT B Federal Requirements Equal Employment Opportunity, Pages 1 thru 11 Federal Labor Standards, Pages 1 thru 4 FILE 8133/79006 - PHASES III & IV 5 IN WITNESS WHEREOF , the City of Oshkosh, Wisconsin has caused this Contract to be sealed with it ' s corporate seal and to be subscribed to by it ' s City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto sets it ' s, his or their hand and seal the day and year first above written. In the presence of : CONTRACTOR MARINO CONSTRUCTION CO. , INC. By AP James Marino, Executive Vice President, Title Secretary/Treasurer (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKO I, WISCONSIN AX1k.1) By `"_ Lam` ;/-�c.c j r Wil iam D. Frueh, City Manager t ) onnJC. T '- ___' - , City C� a erk I hereby certify that provisions have been made to pay the liability that will accrue to the City of Oshkosh under this Contract (Seal of City) City Comptroller Approved as to form and execution City Attorney y FILE NO. 8133/79005 - PHASES III & IV 6 BOND #0451 -16-091591 -C `11 WISCONSIN SOCIETY OF ARCHITECTS ````III)IIII THE AMERICAN INSTITUTE OF ARCHITECTS �'1• '�►� �� tom= WIS. AIA DOCUMENT JULY 1980 ED. WIS. A312 W 0 50 o PUBLIC IMPROVEMENT PERFORMANCE/LABOR AND MATERIAL PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A' TO SECTION 779.14 WISCONSIN STATUTES. vi KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor, referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) MARINO CONSTRUCTION CO. , I N C. 3620 S. CLEMENT AVE. , MILWAUKEE, WI 53207 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company 2000 WESTWOOD DRIVE. WAUSAU, W I 544 duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) 2THE CITY HOFAOSHKOSHS as Obligee, hereinafter R alled Owner?, for the OSHKOSH and benefit of 9cla mants as hereinafter provided in the amount of FIVE HUNDRED NINETY-THREE THOUSAND, SIX HUNDRED AND 00/100 equal price) Dollars ($593,600.00) (Here insert a sum at least ual to the contract for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc- cessors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated JUNE 20 1985 , entered into a contract with Owner for PHASES III & IV - RESTORATION & REHABILITATION , THE GRAND OPERA In aHOU E OKOSH,r aWdls ec f' s re d (Here insert full name till an add? ss YA �N R RLPHfi t� Sp Phi . yPFALLER HERS I INC. whic�Oconstrace is bOy�eferen a Rmade a part hereof'anais fequlred b5y S'ecction 779.14, Wisconsin Statutes; in The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT 8 PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES by WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14, Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 27TH day of JUNE , 19 85 IN THE PRESENCE OF: MARINO CONSTRUCTION CO. , INC . Principal .4 7)9P) L..-'l, ()-ie<:;/-, ,/ By a0/C -6-- /7 a � 2,,4( (Seal) W"°"` Tide: Executive Vice President EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Name of Surety By: -Al 4 �. s -�✓. /. (Seal)• as TI.: ATTI •NEY IN-FACT, MAR I . MAJCHER APPROVED B * IN THE PRESENCE OF: 1 /1 Ty OF 0.51-I►Cos 1tCwar C t r Y A lo By: i , 4,44,4 11 --y� (Seal) Witness ( Tiue: j 73f CL G 2. - *This bond shall be approved in the case of the state by the state official authorized to enter into such con- tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its chairman, of a school district by the director or president and of any other public board or body by the presiding officer thereof. Any correspondence in relation to this bond should be directed to. Wausau Insurance Companies Bonding Box 150 Wausau, Wisconsin 54401 PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2 Notarial Acknowledgement—Attorney in Fact On this 27TH day of JUNE , 19 85 , before me, KAREN L. COSTELLO a Notary Public in and for said STATE OF WISCONSIN S.S. County of M I LWAUKEE M I LWAUKEE County, State aforesaid, residing therein, duly commissioned and sworn, personally appeared MARIE E. MAJCHER known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Compar and acknowledged to roe that he subscribed the narrue of f MPI UYf HI, INSI IHAN(.1 O1 WAUSAU A Mutual Company thereto as surety. +rnd lus own .15.11101 npy irr 1.11.1 IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal at my office in the said county of M I LWAUKEE the day and year in this csrtrfrcate first above written j arAL) . laa .� a Notary Pudic in and for the county of M I LWA U KE E State of WISCONSIN p -/ My commission expires 9—2O_8 8154216 979 III No. 204-023- 010 4 3 EMPLOYERS INSURANCE OF WAUSAU A Mutual Com pan y • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon, State of Wisconsin, has made,constituted and appointed,and does by these presents make,constitute and appoint Marie E. Majcher its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF FIFTEEN MILLION DOLLARS Z ($15,000,000) . and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with w the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said w attorney-in-fact may do in the premises. z This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: Q "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF w WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Q Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, F and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach O thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" Z "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and o any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding o upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect H to any bond, undertaking or contract of suretyship to which it is attached." Z IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be • signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this_1 St day • Qof August 19__84 1- Z Cr) �3 R.oR EMPLOYERS INSURANCE OF WAUSAU A Mutual Company �m. 0 . o .rf.3 Z = a,SEAL '� i 1— s 1 BY — = /��l�ts _ -�i Q LL R.D.Farnswort Vice President Attest: O CS J.L. th Assistant Secretary STA E OF WISCONSIN ) LL COUNTY OF MARATHON )ss • On this 1St Au u cc day of August 19 84 ,before me personally came W R.D. Farnsworth _ ,to me known, who being by me duly sworn,did depose O and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation w described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said a instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he J signed his name thereto by like order. j IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above < written. Z Donna Lutzow • Notary Public NOTARY PUBLIC STATE OF WISCONSIN = MY COMMISSION IS PERMANENT H STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU )ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed JUNE in the City of Wausau,Marathon County,State of Wisconsin,this 27TH day of , 19 5. 03 p..O R.,rf s —_ SEAL;;' J.L.Smith Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(800)826-1661.(IN WISCONSIN,CALL(800)472-0041). 8133/79005 (SUBMIT IN DUPLICATE) C/1 Phases III & IV 5/30/85 BID FORM PHASES III & IV RESTORATION AND REHABILITATION THE GRAND OPERA HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN BIDS CLOSE : 2 :00 P.M. , 13 June 1985 AT: Office of City Clerk City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin (A Corporation) WE MARINO CONSTRUCTION COMPANY, INC. totxxlearixotransteig3xx of 3620 South Clement Avenue Milwaukee Street City Wisconsin 53207 (414) 744-4386 State and Zip Telephone No. hereby agree to execute proposed contract and to furnish a satisfactory Surety Bond in the amount specified and to provide all labor and materials required to complete the construction of project designated above, for prices set forth below, in strict accordance with Contract Documents prepared by Yarbro-Kempinger Architects, Inc. and Pfaller Herbst Associates, Inc. , 1018 West South Park Avenue, Post Office Box 2096, Oshkosh, Wisconsin 54903 , File No. 8133/79005 Phases III & IV, and dated May 9 , 1985 . ATTACHMENT "A" TO OWNER—CONTRACTOR AGREEMENT OF 6/20/85 8133/79005 C/2 Phases III & IV GENERAL CONSTRUCTION WORK Lump Sum Base Bid No. 1. Phases III & IV General Construction Work for the sum of I Dollars ($ SZs; $oc — ) ALTERNATE BID NO. lA If the House Scaffolding time is extended and the Historical Decoration allowance of $175,000. 00 is added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of I 11 Dollars ($ o_a‘5; Opp. '"') ALTERNATE BID NO. 1B Ir the OrcEestra Pit Decking is added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of 11 Dollars ($ d 00, "" ) ALTERNATE BID NO. 1C If the Wheel Chair Lift is added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of — •�_..� 4 Dollars ($ 11 I 11 8133/79005 C/3 Phases III & IV ALTERNATE BID NO. 1D 1f- the rurnishing and installation of Toilet Partitions per Sections 10150 and Building Accessories per Section 10800 are added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of I Dollars ($ �p � 00, -- ) ALTERNATE BID NO. lE If the Interior Metal Railings defined in Section 05500, Article 14 are added to the scope of the General Construction Work Add to Base Bid No. 1 the sum of k z .d 1 Dollars ($ to'tL5`d0.-- ) THEATRICAL EQUIPMENT WORK Lump Sum Base Bid No. 2. Phases III & IV Theatrical Equipment Work excluding Decorative Curtain on Line Set 5 and all curtains in 11970/4. 05 for the sum of I NO BID Dollars ($ ) ALTERNATE BID NO. 2A If all curtains in 11970/4.05 except the Decorative Curtain on Line Set 5 are added to the scope of the Theatrical Equipment Work Add to Base Bid No. 2 the sum of NO BID Dollars ($ I I 8133/79005 C/8 Phases III & IV ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE NUMBER DATE 1 5/29/85 2 5/30/85 3 6/6/85 4 6/7/85 COMMENCEMENT AND COMPLETION The undersigned agrees, if awarded the Contract, to commence the work on or before a date to be specified in a written notice to proceed, and to substantially complete the work within 360 consecutive calendar days after the written notice to proceed, all in accordance with Article 30, Supplementary Conditions. Accompanying this Proposal is BID BOND certified check, bid bond, etc. in the amount of 5% of the Amount Bid ($ ) as called for in the Instructions to Bidders. MARINO CONSTRUCTION COMPANY, INC. (Name of Corporation, x>barveran submitting Bid) AIL, Alb. • Si• ;ture James R. Marino Executive Vice President Secretary/Treasurer (Seal - if Bid is by Title, if- any Corporation) NOTE 1: This bid will be rejected if the Bid Form has been altered or changed in such a way that it incorporates un- solicited material , either directly or by reference, which would alter any essential provision of the contract documents or require consideration of unsolicited material in deter- mining the award of the contract. NOTE 2 : If this bid is not accompanied by a bid guarantee, it will be considered NO BID and will not be read at the bid opening. EQUAL EMPLOYMENT OPPORTUNITY AND FEDERAL LABOR STANDARDS PHASES III AND IV RESTORATION AND REHABILITATION THE GRAND OPERA HOUSE FOR THE GRAND OPERA HOUSE BOARD THE CITY OF OSHKOSH, WISCONSIN ARCHITECT FILE NO. 8133/79005 ATTACHMENT "B" TO OWNER-CONTRACTOR AGREEMENT OF 6/20/85 • PART I. EQUAL EMPLOYMENT OPPORTUNITY A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Con- tractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, • demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for train- ing, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by Contracting Officer setting forth the provisions of this non- discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Equal Opportunity Clause (Executive Order 11246, as amended, applicable to Federally assisted construction contracts and related subcontracts $10,000 and above. ) During the performance of this contract, the contractor agrees as follows : (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The con- tractor will take affirmative action to ensure that applicants are employed , and that employees are treated during employment, without regard to their race, color , religion, sex, or national origin. Such 1 action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be pro- vided setting forth the provisions of this non- discrimination clause. (2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applications for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investiga- tion to ascertain compliance with such rules, regula- tions, and others. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or sus- pended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as other- wise provided by law. 2 ( 7) The contractor will include the provisions of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs (1) through ( 7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such pro- visions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litiga- tion to protect the interest of the United States. 3 C. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246, as Amended) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employ- ment Opportunity Construction Contract Specifications" set forth herein. 2. The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows : FEDERAL REGISTER - PUBLISHED SEPTEMBER 7, 1979 Goals for Minority Participation in Each Trade - .9% Goals for Female Participation in Each Trade - 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) per- formed in the covered area. The Contractor's compliance with the Executive Order and the regu- lations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action ob- ligations required by the specifications set forth in 41 CFR 60-4.3(a) , and its efforts to meet the goals established for the geographical area where the contract resulting from this solici- tation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the -sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Com- pliance with the goals will be measured against the total work hours performed. 3. the Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,00 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the sub- contractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the SNSA ( including Winnebago and Outacami 4 D. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications : (a) "Covered area" means the geographical area described in the solicitation from which this contract resulted; (b) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (c) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. (d) "Minority" includes: (I) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) ; (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish Culture or origin, regardless of race) ; (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) ; and (4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000, the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solici- tations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in the covered area either individually or through an associa- tion, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accor- dance with that Plan for those trades which have unions parti- cipating in the Plan. Contractors must be able to demonstrate 5 their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor • participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. " 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Con- tractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites , and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foreman, superinten- dents , and other on-site supervisory personnel 6 are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment oppor- tunities available, and maintain a record of the organizations' responses. (c) Maintain a current file of the names , addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referred from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contrac- tor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever addi- tional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority per- son or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources . compiled under 7(b) above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc. ; by specific review of the policy with all management personnel and with all minority 7 • and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any respon- sibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on-site supervisory per- sonnel such as Superintendents , General Foremen, etc. , prior to the initiation of construction work at any job site. A written record shall be made and main- tained identifying the time and place for these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contrac- tor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and writ- ten, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organiza- tions serving the Contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. • (j) Encourage present minority and female employees to recruit other minority persons and women, and, where reasonable, provide after school, summer and vaca- tion employment to minority and female youth both on the site and in other areas of a Contractor's workforce. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for pro- motional opportunities and encourage these employees to seek or to prepare for, through appropriate trianing, etc . , such opportunities. 8 (m) Ensure that seniority practices, job classifica- tions, work assignemnts and other personnel prac- tices , do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifi- cations are being carried out. (n) Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers , including circulation of solicitations to minority and female contractor associations and other business associa- tions. (p) Conduct a review, at least annually, of all super- visor's adherence to and performance under the Con- tractor's EEO policies and affirmative action obliga- tions. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7(a) through (p)). The efforts of a contractor asso- ciation, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7(a) through (p) of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative ac- tion for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Con- tractor may be in violation of the Executive Order if a particu- lar group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Execu- tive Order if a specific minority group of women is underutilized) . 9 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any per- son because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Oppor- tunity Clause, including suspension, termination and cancella- tion of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implement- ing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these speci- fications, shall implement specific affirmative action steps, at least as extensive as those standards predescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Con- - tractor fails to comply with the requirements of the Executive Order, the implementing regulations , or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may required by the Government, and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, appren- tice, trainee, helper, or laborer) , dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be main- tained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application or requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 10 E. Section 3 Clause All contractors will be required to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and -contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractors may be required to submit evidence documenting their compliance. • • 11 A. FORM 4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development • -� r Applicability The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise A.1.(I)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate) week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification. of wages and bona fide fringe benefits(or cash equivalents thereof)due at (iii)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona tide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer cr of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR-5.5(aX1Xiv);also,regular bona fide fringe benefits under a plan or program,Provided,That the contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor, not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or lion for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification in Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and accrued payments or advances as may be considered necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers, tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible,place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or (it)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract,HUD or its desig- therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant,or owner, (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and further payment advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industry,and burse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.(I)Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name, of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor- representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee lions or costs anticipated for'bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b:con Act), time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual under OMB control number 1215.0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor,the laborers or mechanics to be (a)(1)(ivl that the wages of any laborer or mechanic include the amount of employed in the c,assification or their representatives.and HUD or its any costs re.aSOn.;oly anticipated in providing benefits under a plan or pro- des.gree co not agree on the proposed classification and v,age rate rg r,tin�1c=:;cr:t 1 :r::eclion 1(b)(2)1B1 of the Davis-Bacon Act.tre contractor tinciuurnq the.rrnOunt designated for fringe benefits.where;fppropnatafl• ri:rll n juu.iuf :,..:r,7 „hick snow trial the commitment to provide such 1 HUD-4010 (2.;:dl benefits is enforceable.that the plan or program is financially responsible. apprentice.The allowable ratio of apprentices to journeymen on the lob site and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification of cation of trainee programs,the registration of the apprentices and trainees, work actually performed.In addition,any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi- Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing (ii)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is contract work is performed a copy of an payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour- the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regis- the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the information level of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe benefits, ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the Office.Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with that determination.In 1215-0149.) the event the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program,the contractor will no longer be permitted to utilize who pays or supervises the payment of the persons employed under the apprentices at less than the applicable predetermined rate for the work contract and shall certify the following: performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the information (it)Trainees.Except as provided in 29 CFR 5.16,trainees will not be required to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid the full weekly wages earned,'without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and rectly from the full wages earned,other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in sication of work performed,as specified in the applicable wage determine- accordance with the provisions of the trainee program.If the trainee pro- tion incorporated into the contract gram does not mention fringe benefits,trainees shall be paid the full (c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by •apprenticeship program associated with the corresponding journeyman paragraph A3.(ii)(b)of this section. wage rate on the wage determination which provides for less than lull (d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved by the Employment and Training Administration shall be paid not (iii)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted under the registered program shall be paid Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available.HUD istration withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor,appli- cant, longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is pension of any further payment,advance,or guarantee of funds.Further- approved. more,failure to submit the required records upon request or to make such (ii)Equal employment opportunity.The utilization of apprentices. records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the CFR Part 5.12. equal employment opportunity requirements of Executive Order 11246,as 4.()Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30. mitted to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall formed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by bona tide apprenticeship program registered with the U.S.Department of reference in this contract Labor,Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub- ! and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its oesignee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is require,and also a clause requiring the subcontractors to include these nzrt mdiv duaily registered in the program,but who has been certified by the clauses in any lower ter subcontracts.The prime contractor shall be Eureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any .:econtractor or lower tier subcon- os Here:appropriate)t0 be eligible for probationary employment as an tractor with all the cuntr.ct ciat.lea in.:3 CFR fart 5. 2 HUD-4r)10 i2-d41 7.Contracte termination;debarment.A breach of the contract clauses in pensa on at a rate not less than one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract and for debar- pay for all hours worked in excess of eight hours in any calendar day or in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater. • 8.Cbmpliance with Davis-Bacon and Related Act Requirements.All rul= -(2)Violation;liability for unpaid wages;liquidated damages.In the ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall contract be liable for the unpaid wages.In addition,such contractor and subcon- 9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shalt not be subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be corn- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on designee.the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight representatives. hours or in excess of the standard workweek of forty hours without pay- 10.(i)Certification of Eligibility.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (1)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract,or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code.18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010,Title 18,U.S.C."Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph. vides in part"Whoever,for the purpose of. . influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,ProceedinSs,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- mechanic to whom the wage,salary,or other labor standards provisions of tor with the clauses set forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or in any other manner paragraph. - discriminated against by the Contractor or any subcontractor because such C.Health and Safety employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer. health standards promulgated by the Secretary of Labor by regulation. B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the graph,the terms laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96). for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives corn- shall direct as a means of enforcing such provisions. • 3 HUD-4010 i. 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J J 4 J J Y m C W • w tl C ' V N ..r...r 11 P1 1!1 n ••M\m I l. W d M Y 0 0 I. o u C DO SC 0. Y .. •9 O P O 9 V N 7 V1 NNW N NJm.61 111 C T C • !.• CC O N n N J CO J 9 3 V •• •• 1 1 •CC 0CC M • .z.,,,,,y Y•r.J C - C 3_. C >r J t V] P � N 0 1.G u d 2 C C 3 •. Y O W 4. F+ • 0 Sm C E CC • • W • O C.1 1•' Y C • V{Y r Cp V 6 1+\J • 9 • • V I. Y 0 0< Z Y ••r C Z C 00 C 1. 1.1.. .>. C• 0 U33 0••' Cl O`H`n ■ OU V 0CCx •u O-. V y • r.5: m . ct S a Y 6 tC c•.°. _ H dE r 00-. CC..W.. •w • H NC4.N r L E C7 r N 01 J CCI 1 •C C ' ■_ N 14 Y u °^47 V �O J 7•w 3 3 3 3 3 12.27. W O'CO 0 Z V O I. 47 C O C a CC t+1 O O D 0 7 W 0Y1 C it 3 U A.• 1. 1. 44 .••1.. O V r •3 Y Y Y 4 o.... � J 0 W C 34 ..1 y... C h n'1; 9 V9 V CC N C' u a ] . r W m • u V V CC vs rp • ♦ 0 0 In Oy .n V. 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OC y Y O C V � L H 2 H . s< • C G.4 Y V R 34)b• C Y ,OX C C P014 E.m y U •"'- HOO Z W C C O q U C V Y K U. 'C. .7 2 ]m 4.< 0 ]Z Y E W CH U C 4 m0N` mv W N C- WY 0_5= C.< OH 3YX ON O VO 41. IC 0•• • CC N 4lG CERTIFICATE OF INSURANCE �W � ,gyp _ • Wausau Insurance Companies „ b been issued. Th policy number)written on forms any issued.This is to certify that the insurance policies (described below by a P Y This certificate is not a policy or a binder of insurance and does not in any way alter, amend or exte d • ry ag . *.,� an policy referred to herein. ANC} 9 1986 Name and address of Insured CITY CLERK - OSHKOSH. WIS. INC. Producer No.: ••.' WI 53216 MARINO CONSTRUCTION CO. , Office: MILWAUKEE, 3620 S. CLEMENT AVE. Date Issued: 12 31 85 MILWAUKEE, WI 53207 Region: ML this olic affords full coverage under the Workers Policy Number ** Unless otherwise indicated, p Y Kind of Coverage * Expiration Date y Compensation laws of all states(except states where coverage can be provided only by NO State Funds,and Canada)and as designated in the policy and endorsements for Part Two Workers 12 1 86 0416 02 091591 (Employers Liability). Compensation** Limits of Liability Bodily Injury Property Damage Comprehensive 12 1 86 0426 10 091591 Each Occurrence $ 250,000 Each Occurrence General Liability $ 500,000 Aggregate C $ 500, III I I Aggfegate $ Special Multi-Peril or Each Occurrence Trademark(Section only) Single Limit $ Products-Compp leted Operations: al Included ❑ Excluded $ Aggregate Contractual-All Written Contracts: Included ❑ Not Covered $ Each Occurrence $ Each Occurrence Owners', Landlords' $ Aggregate and Tenants'Liability Each Occurrence III $ Each Occurrence $ Contractual Liability— $ Aggregate Designated Contracts Each Occurrence $ Only Single Limit $ Aggregate $ Per Person Y 12 1 86 0426 08 091591 Per Accident Automobile Liability $ Per Accident $ [� All Owned Autos � Hired and Nonowned Autos 500 000 Per Accident Single Limit $ CI Autos Only $ 11,000,000 Each Occurrence $ 11,000,000 Aggregate Products-Completed Operations Umbrella 12 1 86 0436 03 091591 $ 10 000 Retention Liability II Special Provisions/Locations/Specified Autos: DIVISIONS 2 THROUGH 10 — GENERAL CONSTRUCTION PHASES III & IV RESTORATION AND REHABILITATION OF THE GRAND OPERA HOUSE, OSHKOSH, WI. ***BODILY INJURY BY ACCIDENT $ 500,000 EACH ACCIDENT BODILY INJURY BY DISEASE $ 500,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT Notwithstanding any requirement, term or condition of any contract or other document witcerti certificate en the term(s)thereof. h respect to which this certificate may be issued or may pertain, the insurance a or. ed by the policy(policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies) g *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. *Issuing 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Issued to: Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY • Number 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY THE CITY OSHKOSH 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 215 CHURCH URCH H AVE. 1. WAUSAU LLOYDS ■ OSHKOSH, WI 54901 Signed e . cd....4..i.",„ V • Authorized Representative (5)15-5736 1185 •96 CERTIFICATE OF INSURANCE " .1• Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured P MARINO CONSTRUCTION CO. , INC. Producer No.: 8868 3620 S. CLEMENT AVE. Office: MILWAUKEE, WI 53216 MILWAUKEE, WI 53207 Date Issued: 12 31 85 Region: ML ____I Kind of Coverage COO* Expiration Date Policy Number ** Unless otherwise indicated, this policy affords full coverage under the Workers Workers Compensation laws of all states(except states where coverage can be provided only by State Funds,and Canada)and as designated in the policy and endorsements for Part Two Compensation** 3 12 1 86 0416 02 091591 (Employers Liability). *** Limits of Liability Comprehensive 13 I 12 1 86 0426 10 091591 Bodily Injury General Liability y In dil j y Property Damage Special Multi-Peril or I$ 500,000 Each Occurrence $ 250,000 Each Occurrence Trademark(Section II only) $ 500,000 Aggregate $ 250.000 Aggregate Products-Completed Operations: ® Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: EX Included ❑ Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability Contractual Liability-- $ Aggregate Designated Contracts $ Each Occurrence $ Each Occurrence Only $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability 12 I 12 1 86 I 0426 08 091591 $ Per Person r2 All Owned Autos a Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500,000 Per Accident $ 11,000,000 Each Occurrence Umbrella 2 12 1 86 0436 03 091591 Liability $ 11,000,000 Aggregate Products-Completed Operations $ 10,000 Retention Special Provisions/Locations/Specified Autos: CONCRETE CONTRACTOR'S LICENSE FILED ***BODILY INJURY BY ACCIDENT $ 500,000 EACH ACCIDENT BODILY INJURY BY DISEASE $ 500,000 EACH EMPLOYEE JAN G 6 96 BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT CITY CRK OSHKOSHLE. WIS. 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 afford- ed by the policy(policies)described above is subject to all of the terms,exclusions and conditions of such policy(policies)during the term(s)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: *Issuing 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY CITY OF OSHKOSH Number 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY CITY CLERKS OFFICE 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU 215 CHURCH AVE. 1. WAUSAU LLOYDS s OSHKOSH, WI 54901 • Signed e „c_ ,„2..../.........e.4.... , H85 Authorized Representative Or (S)15-5736 • CERTIFICATE OF INSURANCE -, �4 Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number) written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured MARINO CONSTRUCTION CO. , INC. Producer No.: 8868 3620 S. CLEMENT AVE. Office: MILWAUKEE, WI 53216 MILWAUKEE, WI 53207 Date Issued: 12 31 85 Region: ML Kind of Coverage No:* Expiration Date Policy Number ** Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Part Two Compensation** 3 12 1 86 0416 02 091591 (Employers Liability). *** Limits of Liability Comprehensive 13 1 12 1 86 0426 10 091591 Bodily Injury Property Damage General Liability $ 500,000 Each Occurrence $ 250,000 Each Occurrence Special Multi-Peril or Trademark(Section II only) $ 500,000 Aggregate $ 250.000 Aggregate Products-Completed Operations: M Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: M Included ❑ Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability— $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limit $ Each Occurrence $ Aggregate Automobile Liability 12 I 12 1 86 I 0426 08 091591 $ Per Person at All Owned Autos a Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500,000 Per Accident $ Each Occurrence Umbrella Liability $ Aggregate Products-Completed Operations $ Retention Special Provisions/Locations/Specified Autos: PHASE II — RESTORATION AND REHABILITATION OF THE GRAND OPERA HOUSE, OSHKOSH, WI. ***BODILY INJURY BY ACCIDENT $ 500,000 EACH ACCIDENT FILED BODILY INJURY BY DISEASE $ 500,000 EACH EMPLOYEE BODILY INJURY BY DISEASE $1,000,000 POLICY LIMIT JAN 03 19?6 CITY CLERK Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate ma be 015#1eWA,Sime irrurance afford- ed by the policy(policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies)during trra,errriio)rnereor. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: *Issuing 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • Company 3. WAUSAU UNDERWRITERS INSURANCE COMPANY CITY OF OSHKOSH Number 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 215 CHURCH AVE. 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU OSHKOSH, WI 54901 1. WAUSAU LLOYDS • Signed ie . Authorized Representative 1185 (S)15-5736 k fal'lltio,, t° CERTIFICATE OF INSURANCE - .; Wausau Insurance Companies This is to certify that the insurance policies (described below by a poliicy number)written on forms in use by the company have been issued. This certificate i s not a policy or a binder of insurance and does not in any way alter, amend or exten- ..._ . ..- --- --- • any policy referred to herein. I Name and address of Insured JUL 0 9 1985 I— —I CITY CLERK Producer No.: 8 EO$HKOSH, WIS. MARINO CONSTRUCTION CO. , INC . Place: " * II ' , WI 53216 3620 S . CLEMENT AVE . Dote Issued: 6 28 85 MILWAUKEE, WI 53207 Region: ML L Kind of Coverage CO.* Expiration Dote Policy Number ** Unless otherwise indicated, this policy affords full coverage under the Workers Compensation lows of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers Compensation** 3 12 1 85 0 415 02 091591 Liability. Limits of Liability Comprehensive I 21 12 1 85 0425 10 0 915 91 Bodily Injury Property Damage General Liability Y p y 9 $ 500, 000 Each Occurrence $ 250, 000 Each Occurrence Special Multi-Peril or Trademark(Section II only) $ 500, 000 Aggregate $ 250, 000 Aggregate Products-Completed Operations: Included L I Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: Included ❑ Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability - $ Each Occurrence $ Each Occurrence Designated Contracts Only $ Aggregate Single Limii $ Each Occurrence $ Aggregate Automobile Liability 12 12 1 85 1 0425 0 8 091591 $ Per Person L!`I All Owned Autos XJ Hired and Nonowned Autos $ Per Accident $ Per Accident LJ Specified Autos Only Single Limit $ 500, 000 Per Accident $ 5, 000, 000 Each Occurrence Umbrella 2 12 1 85 0 4 35 03 091591 91 $ 5 Aggregate Completed Operations Liability , QQQ QQQ Aggre ate Products-Com leted $ 10, 000 Retention Special Provisions/Locations/Specified Autos: DIVISIONS 2 THROUGH 10 — GENERAL CONSTRUCTION PHASES III & IV RESTORATION & REHABILITATION OF THE GRAND OPERA HOUSE, OSHKOSH, WI 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 afford- ed by the policy (policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies)during the term(s)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. Issued to: *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • 3. WAUSAU UNDERWRITERS INSURANCE COMPANY THE CITY OF OSHKOSH 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 2 1 5 CHURCH AVE . 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU OSHKOSH, WI 54901 1. WAUSAU LLOYDS r • • Signed r Aurhorized Company Representative 7-8d (5)15-5736 n ...................... CERTIFICATE OF INSURANCE Wausau Insurance Companies This is to certify that the insurance policies (described below by a policy number)written on forms in use by the company have been issued. This certificate is not a policy or a binder of insurance and does not in any way alter, amend or extend the coverage afforded by any policy referred to herein. Name and address of Insured Producer No.: 8868 MARINO CONSTRUCTION CO. , INC . Place: MILWAUKEE, WI 53216 3620 S . CLEMENT AVE . Date Issued: 6 28 85 MILWAUKEE, WI 53207 Region: ML L Kind of Coverage No* Expiration Date Policy Number ** Unless otherwise indicated, this policy affords full coverage under the Workers Compensation laws of all states(except states where coverage can be provided only by Workers State Funds,and Canada)and as designated in the policy and endorsements for Employers Compensation** 3 12 1 85 0/415 02 091591 Liability. Limits of Liability Comprehensive I 21 12 1 85 0425 10 091591 Bodily Injury Property Damage General Liability $ 500, 000 Each Occurrence $ 250, 000 Each Occurrence Trademark rk(Section II or $ 500, 000 Aggregate $ 250, 000 Aggregate Trademark(Section II only) Products-Completed Operations: )y) Included ❑ Excluded Single Limit $ Each Occurrence Contractual-All Written Contracts: )LJ Included ❑ Not Covered $ Aggregate Owners', Landlords' $ Each Occurrence $ Each Occurrence and Tenants'Liability $ Aggregate Contractual Liability -- $ Each Occurrence $ Each Occurrence Designated Contracts Aggregate $ Only Single Limit $ Each Occurrence $ Aggregate Automobile Liability 21 ��1yy 2 1 85 101425 0 8 091591 $ Per Person IJ All Owned Autos 4 I Hired and Nonowned Autos $ Per Accident $ Per Accident ❑ Specified Autos Only Single Limit $ 500, 000 Per Accident $ 5, 000, 000 Each Occurrence Umbrella 2 12 1 85 0435 0 3 091591 $ 5, 000, 000 Aggregate Products-Completed Operations Liability 10, 000 Retention V Special Provisions/Locations/Specified Autos: ( ..��r.. • DIVISIONS 2 THROUGH 10 — GENERAL CONSTRUCTION PHASES III & IV RESTORATION & REHABILITATION OF THE GRAND OPERA HOUSE, OSHKOSH, WI ✓& 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 afford- ed by the policy(policies)described above is subject to all of the terms, exclusions and conditions of such policy(policies)during the term(s)thereof. *The entry of a number in this column means that the coverage is afforded by the company designated by the same number. *Issued by 2. EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Issued to: 3. WAUSAU UNDERWRITERS INSURANCE COMPANY THE CITY OF OSHKOSH 5. WORLDWIDE UNDERWRITERS INSURANCE COMPANY 2 1 5 CHURCH AVE . 7. ILLINOIS EMPLOYERS INSURANCE OF WAUSAU OSHKOSH, WI 54901 1. WAUSAU par,yR • 114- w AL- Authorized Company Representative 7-84 (S)15-5736 yarbro - kempinger 6gQ2S- architects, inc. -' 1018 W. SOUTH PARK AVENUE • POST OFFICE BOX 2096 • OSHKOSH, WISCONSIN 54903 • 414/235-3310 CHANGE ORDER NO. _G-4 OWNER'S COPY !/ FILE NO. 8133/79005 - Phases III & IV CONTRACTOR'S COPY DATE 25 June 1986 ARCHITECT'S COPY The City of Oshkosh OWNER _ 215 Church Avenue, Oshkosh, Wisconsin 54901 Marino Construction Co . , Inc. CONTRACTOR 3620 South Clement Avenue, Milwaukee, Wisconsin 53207 General Construction Work, Phases III & IV, Restoration CONTRACT FOR and Rehabilitation, The Grand Opera House, Oshkosh, WI IT IS HEREBY AGREED THE FOLLOWING CHANGE IN THE WORK SHALL BE COMPLETED IN ACCO D mg-HE ATTACHED PROPOSAL AND SUBJECT TO TERMS OF THE ORIGINAL CONTRACT DATED 0 ANCE SEE ATTACHMENT FOR THE SUM OF (ADD -NVIX)M THIRTY TWO THOUSAND THREE HUNDRED NINTY ONE AND 98/100THS DOLLARS ($ 32,391.98 ADD DEDUCT ORIGINAL CONTRACT 593 , 600 .00 PRIOR TO 18 ,119 . 37 5, 500 .00 EXTRA ORDERS 50 , 511 . 35 THIS ORDER THIS ORDER 32 , 391 .98 NONE CREDIT ORDERS 5, 500 .00 TOTAL TO DATE 50 , 511 .35 5 , 5 0 0 .0 0 NET TOTAL TO DATE 638 ,611 . 35 APPROVED ACCEPT)D YARBRO-KEMPINGER, ARCHITECTS / 'f 7 BY / ` 1��— � BY L i ..°- 14:4.4 City Manager Robert L. Yar. • ! BY �� , l''2W ,�2- City Clerk ACCEPTED AiV/1414.),ved -6 o rf•rm MART. O CONSTRUCTION CO. , INC. BY A_ r .4% „", City Attorne' I h'- ' •y cer' i y hat t e necessary �� ro�r is o s hav bee>a made to pa the BY J 6 1ia�i It that wi.li accrue-_u�ider J. e• R. Marino, Executive Vice President is con ra t. 7/11/86 Y'B By .-.�'�r_,•' ;.:,t.,? C.{ ri ,r. ..{.b, ,City Comptroller ATTACHMENT Change Order G-4 Marino Construction Co. , Inc. 25 June 1986 RE: File 8133/79005-Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin Page 1 of 3 GENERAL CONSTRUCTION - MARINO Estimate No. 15 , dated 17 April 1986, copy attached Item No. 1 - Renail Annex 1st and 2nd subfloor including Landing 3 of Stair 2 ADD $ 1,003 . 95 Item No. 2 - Apply 15# felt between subfloor and underlayment, Rooms C. 04, C. 07 (both levels) and C. 15 . ADD 284 . 63 Estimate No. 16 , dated 17 April 1986 , copy attached Install Oak out-corners on Room C. 05 free-standing columns. ADD 333. 65 Estimate No. 17 , dated 17 April 1986 , copy attached Add wood moldings to House Walls per Architect' s Drawings A-113 , 127 and 128 - the wall fabric scrolls. ADD 1, 910. 04 Estimate No. 18 , dated 17 April 1986 , copy attached Change plaster on Balcony Stair Bulkheads to wainscoting. ADD 1 , 650. 70 Estimate No. 19 , dated 17 April 1986, copy attached Repair Stage Truss West end bearing per Architect' s Drawings Sheet A-125. ADD 438. 75 Estimate No. 20 , dated 17 April 1986 , copy attached Remove top layer of Historic Lobby Wood Floor and install new plywood underlayment. ADD 2 , 657. 35 Estimate No. 21, dated 18 April 1986 , copy attached Item No. 1 - Heat out Historical Lobby ceiling joists to allow centering of light fixtures. ADD 110. 32 Item No. 2 - Enlarge existing door E-1 framing to provide for a legal exit width. ADD 69 . 00 ATTACHMENT Change Order G-4 Marino Construction Co. , Inc. 25 June 1986 RE: File 8133/79005-Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin Page 2 of 3 Item No. 3 - Provide a concrete pad in Room C. 09 for relocated lighting dimmer cabinet. ADD $ 189 .61 Item No. 4 - At west side, Procenium Arch, remove discovered door jamb to allow plastering, of wall flush. ADD 124. 20 Item No. 5 - (This item was included in Change Order G-1 , Item 7. ) --- Item No. 6 - Furr west wall, Room C. 06 to accommodate electric cabinet heater. ADD 182 . 01 Item No. 7 - Furr out south wall, Room C. 15 , to accommodate relocated electrical panels. ADD 159 . 97 Item No. 8 , 10, 11, 12 , 14 , 15 , 16 , 17 , 19 - Add fire stopping as directed by the City Building Inspector. ADD 3,361. 80 Item No. 9 - (This item was included in Change Order G-2 , Item No. 4. ) --- Item No. 13- Add a new joist below Room C. 06 to replace a rotted joist. ADD 148. 81 Item No. 18- (This item was included in Change Order G-2 , Item No. 2. ) --- Item No. 20- Insulate north exterior walls, Room C. 06, C.10 , C. 07. ADD 643 . 25 Item No. 21- Furr west wall , Room C. 04 to accommodate electrical panel . ADD 272 . 42 Item No. 22- Insulate wall cavity under east House wall windows. ADD 89. 01 ATTACHMENT Change Order G-4 Marino Construction Co. , Inc. 25 June 1986 RE: File 8133/79005-Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin Page 3 of 3 Item No. 23- (This item was included in Change Order G-2 , Item No. 4. ) --- Item No. 24- Rough Hardware, Small tools, trucking and Superintendent for above items. ADD 1,337. 51 Interior Brass Railings per Marino' s original alternate bid and letter of 18 June 1986, copy attached. ADD 12 , 500. 00 House Scaffolding Use Five (5) weeks at $985. 00 per week in accordance with Marino' s June 18 , 1985 letter, copy attached. ADD 4 ,925 . 00 TOTAL $32 ,391 .98 since 1908 3-.01 ..�.�,._ ,-- :,. f,} ` t-Y, MARINO CONSTRUCTION CO. „ ,. , rE NwY1 Incorporated GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 5 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of September 23, 1985 requesting separate proposals, find attached our Change Estimate No. 15.which has been itemized accordingly. Please issue the appropriate change orders. Respectfully submitted, NO CONSTRUCTION COMPANY, INC. r ames R. Marino Executive Vice President JRM/dee Att. ac - ESTIMATE SHEET PAGE NO. OF PAGES JOB NAME CONTRACTOR ESTIMATE NO. Grand Opera House Phase 3 & 4 MARINO CONSTRUCTION COMPANY, INC. 15 LOCATION Oshkosh, Wisconsin RC ToCK empinger Architects, Inc. April 17, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Letter of Sept. 23, 1985: FORWARD ! 1 DESCRIPTION QUANTITY ® MATERIAL LABOR SUBCONTRACT TOTAL Item #1 : III.■ 111111111111111111111 Reny ailAnnex subfloor, 1st & 2nd floors ■11■ 111■■111■■111III III Stair #2 & Landing #3 111111.11111.111111.1111111111 111 Rough Hardware & Equipment 111111111111211111111111111111111 III Labor ■, ■■11111.11: •111• 11 5% Sales Tax ■HHUIII1■111..1,1 G.C. 's 15% 111111111111 4 1911111191111111111 111111111111 111 111111111111111111•111:1111111111111 11 TOTAL ADD TO CONTRACT: _■I111■111.■111•■111 113 95 1.1111111111111111111111.11111111111 •NUU111URIHHI111U MI Ie .11.11111111111111111111111111 I ,• _• 15# Felt Upper & Lower floor under ■11■■111■■111■.111■ 11 underlayment C.04„ C.07, C.15 1500 sq 11lH111„ _111.H111■ 11 Labor 11•s111mu1ZSu111s III 5% Sales Tax G.C. 's 15% _____SIIHUIIi1UIIUIIIH •11UU1©III111•IIIIIU HI •11•1111111111111111111 01• MI11= TOTAL ADD TO CONTRACT: _MII1■■III■■HI■■III ©c:63 Item #3: 111111.111111.1111111111111111 In Annex Rms E.01 thru E.17 and Stair #2, 11111111111111111.11111111111111 1, Landing #3, install 15% asphalt felt & new _■H■■III.■III■■III underlayment as specified: 111111111161° Ili Labor 5% Sales Tax G.C. 's 15% 1'6'.10 IIO '0 .0 TOTAL ADD TO CONTRACT: $3,186,80 III HIIHHIIIHHIIIHIIIIH HIIHHIIIH*III.UIIIH IIIII1.1111111111111111111111.111111111111 IIIIIIIIIIIIIIEIIIIIIIIIIIIII TOTAL COSTS ■111.111..111 _ since 1908 .417-: �tE,F '54., MARINO CONSTRUCTION CO. a , ' Incorporated , GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 5 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of December 16, 1985 requesting a proposal for the Annex Lobby Room C.04 to install oak corner beads, find attached our Change Estimate No. 16 resulting in an ADD to our contract in the amount of THREE HUNDRED THIRTY THREE DOLLARS AND SIXTY FIVE CENTS, ($333.65) Please issue the appropriate change order. Respectfully submitted, 'INO CONSTRUCTION COMPANY, INC. James R. Marino Executive Vice President JRM/dee Att. since 1!)1)X MARINO CONSTRUCTION CO. Incorporated GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 & 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of March 4, 1986 requesting a proposal per drawings A-113, A-127, A-128, please find attached our Change Estimate No. 17 resulting in an ADD to our contract in the amount of ONE THOUSAND NINE HUNDRED TEN DOLLARS AND FOUR CENTS ($1,910.04). Please issue the appropriate change orders. Respectfully submitted, MARINO CONSTRUCTION COMPANY,_INC. James R. Marino Executive Vice President JRM/dee Att. C111(e 1908 MARINO CONSTRUCTION CO. Incorporated GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 & 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of January 16, 1986 requesting a proposal to install wainscoting in lieu of plaster, please find attached our Change Estimate No. 18 resulting in an ADD to our contract in the amount of ONE THOUSAND SIX HUNDRED FIFTY DOLLARS AND SEVENTY CENTS ($1,650.70). Please issue the appropriate change order. Respectfully submitted, MARINO CONSTRUCTION COMPANY, INC. Met4evr' James R. Marino Executive Vice President JRM/dee Att. sin(c 1908 MARINO CONSTRUCTION CO Incorporated GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 & 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of January 31, 1986 requesting repairs to West End Bearing of Stage Truss, drawing, Sheet No. A-125, please find attached our Change Estimate Flo. 19 resulting in an ADD to our contract in the amount of FOUR HUNDRED THIRTY EIGHT DOLLARS AND SEVENTY FIVE CENTS ($438.75). This work has been completed. Please issue the appropriate change order. Respectfully submitted, —MARINO CONSTRUCTION COMPANY, INC. James R. Marino Executive Vice President JRM/dee Att. cincc 1908 mow.�avfvoi<A C. , r MARINO CONSTRUCTION CO Incorporated GENERAL CONTRACTORS • BUILDERS April 17, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 & 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: In response to your letter of March 10, 1986 requesting the removal of existing top level of wood flooring and installing plywood subfloor, please find attached our Change Estimate No. 20 resulting in an ADD to our contract in the amount of TWO THOUSAND SIX HUNDRED FIFTY SEVEN DOLLARS AND THIRTY FIVE CENTS ($2,657.35) Please issue the appropriate change order. Respectfully submitted, INO CONSTRUCTION COMPANY, INC. ;, _.. / �z .mes R. Marino xecutive Vice President JRM/dee Att. 9c since 1908 MARINO CONSTRUCTION CO Incorporated GENERAL CONTRACTORS • BUILDERS April 18, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: The Grand Opera House Phase 3 & 4 Oshkosh, Wisconsin Project No. 8133/79005 Gentlemen: Attached please find our _Change Estimate No. 21 for the various changes requested and have been completed resulting in an ADD to our contract ' :. • m :. ct-o Please issue the appropriate change order. Respectfully submitted, 1RIN0 CONSTRUCTION COMPANY, INC. J. es R. Marino xecutive Vice President JRM/dee Enc. ESTIMATE SHEET PAGE NO. 1 OF PAGES JOB NAME CONTRACTOR ESTI TE NO The Grand Opera House Phase 3 & 4 MARINO CONSTRUCTION COMPANY, INC. LOCATION C ITEC Oshkosh, Wisconsin 'Yar�bro-Icempinger Architects, Inc. R6r4l 18, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Changes as ordered. FORWARD DESCRIPTION QUANTITY ® MATERIAL LABOR SUBCONTRACT TOTAL -1-777.02 t. 1/18/86 Header out lights-front Lobby. Lights could not be centered in joist opening 2 - 2 x 4 - 8 12 bm 6 60 Carpenter 21/2 hrs. 30./h^ 75,00 Laborer 2 hr. 2$./hr 14 00 2/11/86 At Door El to 2nd floor of Lab Annex, existing too small-remodel walls Carpenter 2 hrs. 30./h- 40 00 2/13/86 Conc. dimmer pad moved from C.09 to Annex shed: Carpenter 2 hrs. 30./hr 60,00 Laborer 2 hrs. 28./hr 56,00 Materials 55 bm 30.25 Aggregate 4 yd. 4.00 Cement 2 Bags 12.00 Mesh 15 sf .30 2/13/86 West side of stage - Old door opening discovered. Jambs removed, etc. so . plaster walls could be flush: Carpenter 2 hrs. 30./hr 60.00 Laborer 1 hr. 28./hr 28.00 _ITEM 4/O• r' Straighten out cornice above front Lobby - Angle did not intersect per detail (;-37) 2 x 6 - 24' Carpenter 3 hrs. 30./hr 90.00 Laborer % 28./hr ' 4.00 Room C06 Mens Toilet - Furr West wall to accomodate elect. heater moved from North Wall - Materials 37.40 Carpenter 32 hrs 30./hr 105.00 (con't page -2-) TOTAL COSTS ESTIMATESHEET PAGE NO. 2 OF PAGES JOB NAME CONTRACTOR ESTIMATE NO. The Grand Opera House Phase 3 & 4 MARINO CONSTRUCTION COMPANY, INC. 21 LOCATION ARCHITECT DATE Oshkosh, Wisconsin Yarbro-Kempinger Architects, Inc. April 18, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Changes as ordered. (con't. ) FORWARD DESCRIPTION QUANTITY ® MATERIAL LABOR SUBCONTRACT TOTAL Laborer z hr. 28./hr. 14.00 s7- 77/ wo. 7 . Room C.15 Vestibule - Furr out South wall to accomodate elect panel - wall 32" thk. req. depth of 6": Carpenter 2 hrs. 3)./hr. 60.00 Laborer 2 hrs. 23./hr 56.00 • 2 - 2 x 10 - 12 40 bm 22.00 Ripped to 24" for furring STEM 410. Fire blocking in all walls as ordered by Building Inspector: Materials 236 bm 129.80 Carpenter 24 hrs 33./hr 720.00 Laborer 6 hrs. 23./hr 158.00 .�'rsrlj CVO. 9 , Drop ceilings stair #1 & 2 to accomodate light boxes & make up wood boxes where ceilings couldn't be dropped: 1 Carpenter 42 hrs 33./hr 135.00 Laborer 1 hr. 23./hr 28.00 8 - 2 x 4 - 14 75 bm 41.25 18' lineal ft. 4" x 3/4 plywood 6 sf 3.30 s'�vyi 1V 0 lD Fire Blocking 11/5/85 a Carpenter 2 hrs. 33./hr 50.00 Laborer 2 hr. 28./hr 14.00 Materials 24 bm 13.20 .z-7 n7 QUO. 1 Fire blocking 11/6/85: Carpenter 1 hr. 3D./hr 30.00 Laborer 2 hr. 23./hr 14.00 1 - 2 x 10 - 10 17 bm 9.35 (con't on page -3-) TOTAL COSTS ESTIMATE SHEET PAGE NO: 3 OF PAGES JOB NAME CONTRACTOR ESTIMATE NO. The Grand Opera House Phase 3 & 4 MARINO CONSTRUCTION COMPANY, INC. 21 LOCATION ARCHITECT DATE Oshkosh, Wisconsin Yarbro-Kempinger Architects, Inc. April 18, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Changes as ordered. FORWARD xre E$,G R I P T I O N QUANTITY Q MATERIAL LABOR SUBCONTRACT TOTAL Fire Blocking/11/7/85: Materials 88 bm 48.40 1 bundle rock lath 9.28 Carpenter 12 hrs. 30 /ir 360 00 Laborer 4 hrs. 28 /hr 1'2 00 ATE .UO• l New joist below Room C.06 Annex - joist rotted: Material 44 bm 24.20 Carpenter 3 hrs. 30 /hr 90.00 Laborer Z hr 28 /hr 14,00 /i , / _ Fire blocking Annex 2 x 4 - 60' 40 bm 20.20 Carpenter 6 hrs 30./hr 1:0 00 Laborer 1 hr 28./hr 28.00 e U e. 11/11/85 Fire blocking Annex Materials 28 bm 15.40 Carpenter 5 hrs 0./hr 150.00 Laborer 1 hr. 28./hr 28.00 ,J4- /h 11/12/85 Fire blocking Materials 51 bm 28.05 1 Bundle rock lath 9,28 Carpenter 8 hrs. 30./hr 240.00 Laborer 2 hrs. 28./hr 56.00 MI 11/13/85 Fire blocking Materials 38 bm 2C.90` Carpenter 8 hrs. 30./Fr 240.00 Laborer 2 hrs. 28./Fr 56.00 i a A I. 8 11/14/85 Per letter of 11/20/85 Blocking & Furring for tapestry - Millwork C.04 Main (con't on page 4-) TOTAL COSTS ESTIMATESHEET PAGE NO. 4 OF PAGES JOB NAME CONTRACTOR ESTIMATE NO. The Grand Opera House Phase 3 & 4 MARINO CONSTRUCTION COMPANY, INC. 21 LOCATION ARCHITECT DATE Oshkosh, Wisconsin Yarbro-Kempinger Architects, Inc. D A4pril 18, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Changes as ordered. F■ JRWARU DESCRIPTION QUANTITY ® MATERIAL LABOR SUBCONTRACT TOTAL Lobby: Materials 60 bm S4S Millwork - Pine 15 bm 3C.00 Carpenter 6 hrs. 30./hr 180.00 Laborer 1 hr. 28./hr 28.00 11/15/85 Fire blocking: Materials 16 bm E.80 Carpenter 41/2 hr 30./h r 135.00 Laborer 2 hr. 28./hr 14.00 rrrn No• ao_ Insulate North walls of annex that were exposed to elements C.06, C-10, C.07 Cut nails 1# 1.60 PL-400 Large tube (.00 R-11 Insulation 96 sf 21.12 20 2 x 2 - 6 treated 40 bm 22.00 Visqueen 6 M 100 sf 2.00 Carpenter 14 hr 30./hr 420.00 Laborer 3 hrs 28./hr 84.00 LTEfl2 i0.0. .2/ 12/20/85 Build partition for Audio Control Room C.04 to accomodate elect panel & straighten out wall Material 76r bm C .80 Carpenter 51 hrs 30./hr 165.00 ' r �, ° Laborer 1 hr. 28./hr 28.00 ND. a" 12/26/85 Insulate cavdity under windows "J" discovered on wainscote removal Materials 18 pc 6" + 29.92 ` ' ■ 18 pc 4" 2. .12 Laborer 1 hr. 28./hr 28.00 (con't on page -5-) • TOTAL COSTS ESTIMATE SHEET • PAGE NO. OF PAGES JOB NAME The Grand Opera House Phase 3 & 4 WroceNSTRUCTION COMPANY, INC. ESTIMAH NO LOCATION ARCHITECT DATE Oshkosh, Wisconsin Yarbro-Kempinger Architects, Inc. April 18, 1986 ESTIMATOR CHECKED BY BID DATE E. 0. Schultz James R. Marino JOB DESCRIPTION Changes as ordered. FORWARD I�rn 4,0 D.25 R I P T I O N QUANTITY ® MATERIAL LABOR SUBCONTRACT TOTAL 1/8/86 Make up light boxes Stair #2 & Landing #1 change 1 x 4 - 16 6 bm 3.30 Carpenter 5 hrs 3C./hr 150.00 Laborer 1 hr. 28./hr 14.00 .2-7t7/97 Rough Hardware 12 28. 22.00 Small Tools & equipment 263.45 Trucking 12 hrs. 28./hr 336.00 Superintendent 30 hrs. 32./hr 960.00 1,325.27 5,621.00 5% Sales Tax 6E.16 G.C. 's 15% 205.41 843.15 1,591.84 5,464.15 TOTAL ADD TO CONTRACT: $8.061.99 NOTE: ALL WORK IN THIS CHANGE HAS BEEN COMPLETED. TOTAL COSTS $8,061.99 V il( ' 1908 lt, ,mot AJ� MARINO CONSTRUCTION CO , , *.„.1,,p 'vi,c, , n32.1' Incorporated Phct',f` A.1 1) 744 .tw86 GENERAL CONTRACTORS • BUILDERS June 18, 1985 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. O. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: THE GRAND OPERA HOUSE Phases III & IY Gentlemen: We agree to hold our bid price on Alternate lE to enable the owner to add it to our contract at any time during the project at no change in price. Sincerely, NO CONSTRUCTION COMPANY, INC. es R. Marino ecutive Vice President JRM/dee ('*. a1"s COMMEPoCIAL • INCD+JS IMAI_ . irv. Y ;"fi <f ,+ 3 : , "idhP't * arnentry Ci sett MaSGC,rY since 1908 6 ;:2:477:4116 1t t IS 311.4 MARINO CONSTRUCTION CO U,adkee _ ;;321 Incorporated Ph,-)r+e' (414) ;>44 "f;tM GENERAL CONTRACTORS • BUILDERS June 18, 1985 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P. 0. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: THE GRAND OPERA HOUSE Phases III & IV Gentlemen: We propose to leave our scaffolding for use by the owners' historical painting contractor for the unit price of NINE HUNDRED EIGHTY FIVE DOLLARS ($985.00) per week. It is agreed that the owner and the contractor will mutually agree on a time period which is the most cost effective for the owner. If any additional information is required, please contact us immediately. Sincerely, RING CONSTRUCTION COMPANY, INC. )71 James R. Marino Executive Vice President JRM/dee Att. t �A � COMMERCIAL • ifJ C;+J>-r Si!5�:.. w I'tSi '... ' �; ,;ri;... Ell _E '.'t t; (.a ?e:'.r;- ':�ni re 0. 9as),rr, YARBRO ARCHITECTURAL DESIGNS, INC. route 1 box 1057 • wild rose, wisconsin 54984 414/622-4508 CHANGE ORDER NO. G-5 OWNER'S COPY FILE NO. 8133/79005 - Phases III & IV CONTRACTOR'S COPY DATE 27 June 1988 ARCHITECT'S COPY The City of Oshkosh 215 Church Avenue, Oshkosh, Wisconsin OWNER - Marino Construction Co. , Inc. P.O.Box 266 , Oak Creek, Wisconsin 53154-0266 CONTRACTOR General Construction Work, Phases III & IV, Restoration and Rehabilitation, The Grand Opera House, Oshkosh, WI . CONTRACT FOR IT IS HEREBY AGREED THE FOLLOWING CHANGE IN THE WORK SHALL BE COMPLETED IN ACCORDANCE WITH THE ATTACHED PROPOSAL AND SUBJECT TO TERMS OF THE ORIGINAL CONTRACT DATED 20 June 1985 SEE ATTACHMENT FOR THE SUM OF (ADD - DEDUCT) FIFTEEN THOUSAND NINE HUNDRED TWELVE AND NO/GOTHS DOLLARS ($ 15 , 912 . 00 —+— ADD DEDUCT ORIGINAL CONTRACT 593 , 600 . 00 PRIOR TO EXTRA ORDERS THIS ORDER 50 , 511 . 35 5,500, 00 66, 423 . 35 THIS ORDER CREDIT ORDERS 5, 500.00 15, 912. 00 NONE TOTAL TO DATE NET TOTAL TO DATE 6 5 4 5 2 3,. 3 5 '66, 423 . 35, 5 , 500 . 00 , Prepared By ACCEPTED ROBERT L. YARBRO CITY OF • HKOSH, WISCONSIN ARCHITE T BY BY Cit Manager BY Alai/1j AA, /. /, rI.I Cit Clerk ACCEPTED BY ��n 1 • -, Cit Attorney MARINO CONSTRUCTION CO. , INC. Approved as to o I hereby certify that the necessary provisions have been made to pay the liability that will B 4 1 Aj accrue under this Contract (P vZ1 ,�� BY 2 s City Comptroller ATTACHMENT Change Order G-5 Marino Construction Co. , Inc. June 27 , 1988 RE: File 8133/79005 - Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin Page 1 of 3 Item No. 1 : For backpriming of House millwork not included in Contract Per Contractor ' s Proposal dated July 30, 1986 , copy attached Add $ 5,260. 00 Per 21 June 1988 meeting Add 1 , 680. 00 The following Items No. 2 through 21 are part of Contractor ' s Proposal - Change Estimate No. 24 dated October 1 , 1987 with changes as negotiated at meeting of 21 June 1988. Item No. 2: Install Owner ' s window shades, Annex Second Floor Add 74. 00 Item No. 3: Patch masonry work at return air grille, west wall of stage Add 350. 00 Item No. 4: Patch rotted roof joists and roof deck, Shed Roof Add 306. 00 Item No. 5: Remove Rotten portion of Truss Bearings , Stage Truss , west end Locations 1 & 2 Add 661 . 00 Location 3 Add 670. 00 Item No. 6: Install House Chandelier Canopy, paint gold Add 39 . 00 Item No. 7: Add concrete walk from Shed Door to Stair Tower Door Add 484. 00 Item No. 8: Change Ticket Booth steps to allow for a second ticket window Add 213. 00 ATTACHMENT Change Order G-5 Marino Construction Co. , Inc. June 27 , 1988 RE: File 8133/79005 - Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin PAGE 2 OF 3 Item No. 9: Cut off doors and raise thresholds, door to House, to allow for carpet and pad thickness Add 259 . 00 Item No.10: Hang Owner' s tapistry, west wall, Annex Lobby Add 238. 00 Item No. 11 : Layout Historical Painting and Wall Fabric Patterns , House Ceiling per Architect 's Drawing A113 Add 1 ,056. 00 Item NO. 12: Install molding around Elec- trical panel, Annex Second floor. Add 199 . 00 Item No. 13 : Change Ticket Window Glass to lower speaking hole Add 230 . 00 Item No. 14: Add Wainscoting on bulk- head walls, Balcony Stairs Add 805. 00 Item No. 15: Add molding at Balcony Railing Add 582 . 00 Item No. 16: Re-nail House Ceiling Beam moldings Add 838. 00 Item No. 17: Raise Orchestra Pit stage platform 16" Add 861 .00 Item No. 18: Furnish and install Basement Toilet Room signs Add 94.00 Item No. 19: Install extra trim at peri- meter of Orchestra Pit acoustical panels Add 610 . 00 Item No.20 : Build podium for conductor Add 549. 00 Item No. 21 : Change Mezzanine Balusters to 5" o.c. Add 786. 00 ATTACHMENT Change Order No. G-5 Marino Construction Co. , Inc. June 27 , 1988 RE: File 8133/79005 - Phases III & IV Restoration and Rehabilitation The Grand Opera House City of Oshkosh, Wisconsin Page 3 of 3 Items No. 22 and 23 are part of Contractor ' s Proposal dated October 1 , 1987 , copy attached. Item No. 22: Delete removal of lower portion of Ornament Plaster, Balcony Railing Deduct 442 . 00 Item No. 23 : Omit un-needed cast iron trellage units on High Avenue Balcony Deduct 240 . 00 Item No. 24: Omit false wood beams and plaster moldings, Ceiling of Historical lobby Deduct 250. 00 NET CONTRACT CHANGE ADD $ 15,912 . 00 'fli.l.!.]k i/', f r MARINO CONSTRUCTION CO•, INC. ENGINEERS, CONTRACTORS, AND CONSTRUCTION MANAGERS ., 4340 EAST OAKWOOD ROAD P.O. BOX 266 OAK CREEK, WISCONSIN 53154-0266 PHONE(414) 768-5900 June 22, 1988 Robert L. Yarbro Route 1, Box 1057 Wild Rose, Wisconsin 54984 Re: Grand Opera Phase III and IV Dear Mr. Yarbro, The following is a breakdown of the finalization of Change Orders for final billing on the above referenced project. This has be-en mutually adjusted and approved at meeting June 21, 1988 with City Attorney, Architect, _interested parties of the Grand Opera House and Marino Construction Co., Inc. Total change order as adjusted: General Construction $16,-284.89- 9)`)o if.coo Painting 7,334.00 6, ?Li,0.0o Total addition to contract $1 Goodwill credit for plaster moldings after total negotiated settlement had been reached. (250.00) Total Add to Contract e- If you have any questions or require further information please advise. C 447,0o) .0 IZ N Ps setENrA.L. Respectfully submitted, PLA-ST'ED_ o Qa. `coley rb MARINO CONSTRUCTION CO.; INC. Rc,••,A,,,, � 'O�5 �/ =�'��!� 6.2-4-1o,00� cREDI► Fo1�- mes R. Marino V14-NEEpGv Exec. Vice-President T Re.c c. .c, C 15 gIZ .00 IZE\L t S Et S y g . YA R 13 n.� ,A 4+ / -27 -gS � . ITEM / ^ since Jy&Y � • ` z, - ' --� '- ■ ��. °.�w � _ '-~- - - �� - MARINO CONSTRUCTION CO. M'lw;iu»ee, � " ` ^ . ,`, ph.,,,, («; ;' «; :"./, /ncorpom^ed GENERAL CONTRACTORS • BUILDERS July 30, 1986 Yarbro-Kempinger Architects, Inc. 1018 West South Park Avenue P.O. Box 2096 Oshkosh, Wisconsin 54903 Attn: Mr. Robert L. Yarbro RE: Project No. 0133/79005 The Grand Opera House Phase 3 & 4 Restoration & Rehabilitation Change Estimate No. 22 Gentlemen: Attached please find our Change Estimate No. 22 for the additional painting as requested by the Architect, resulting in an ADD to our contract in the amount of FIVE THOUSAND TWO HUNDRED FIFTY NINE DOLLARS AND NINETY EIGHT CENTS ($5,259.98). Please issue the appropriate change order. Respectfully submitted, MARINO CONSTRUCTION COMPANY, INC' 9,2, z6,.1 ,127 (erfid4.) mes R. Marino . Executive Vice President JRM/dee Att. , .,:,,,.'`�� � ^+°~c ,`,„,,c~ ` '^.^,,"``. ' .'". '. ' ',~^. ,., ■'~'. ■ `.r"~^,. '`'^"°°, �.'`' ITEM cI z ► since 1908 MARINO CONSTRUCTION CO. 'tikiank f ,Wisconsin Incorporated GENERAL CONTRACTORS • BUILDERS X672- S jou October 1, 1987 Yarbro-Kempinger Architects, Inc. P. O. Box 2096 Oshkosh, Wisconsin 54903 Re: File 8133/79005 - Phase 3 & 4 The Grand Opera House - Restoration & Rehabilitation Change Estimate No. 24 Gentlemen: Please find attached our Change Estimate No. 24 for additional labor and material for extra work requested by the Architect and Owner resulting in an ADD to our contract in the amount of TEN THOUSAND ELEVEN DOLLARS AND NINETY TWO CENTS ($10,011.92). Please issue the appropriate change order. Respectfully submitted, MARINO CONSTRUCTION CO., INC. • 21 J — !\tE'G'(!) T/AT'ED ! MouNT- PR C. o. c,-S I rcm z Tf4Izuzj = `j qoF, Do ITEMS Z;? 23 since 1908 ''- r,. . ¢ r ,T _ Y MARINO CONSTRUCTION CO Incorporated GENERAL CONTRACTORS • BUILDERS October 1, 1987 Yarbro-Kempinger Architects, Inc. P. 0. Box 2096 Oshkosh, Wisconsin 54903 Re: Project No. 8133/79005 The Grand Opera House Phase 3 & 4 Restoration & Rehabilitation Change Estimate No. 25 Gentlemen: Attached please find our Change Estimate No. 25, page 1 and 2, for additional work requested by the Arc SIX HUNDRED EIGHTY TWO DOLLARS AND NO CENTS ($682.00). Please issue the appropriate change order. Respectfully submitted, MARINO CONSTRUCTION CO., INC. I� cf/f, rr_` ' , /, .;( / <'. r es R. Marino Exec. Vice-President JRM:vr encl.