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HomeMy WebLinkAboutSolar Electric/City Hall Alterations T THE AMERICAN INSTITUTE OF ARCHITECTS AM 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 AM 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 THIRD (3rd) day of September in the year of Nineteen Hundred and EIGHTY—TWO BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin and the Contractor: SOLAR ELECTRIC, INC. 745 Leeward Court West Oshkosh, Wisconsin 54901 The Project: ALTERATIONS TO CITY HALL FOR PROBATION AND PAROLE 215 Church Avenue, Oshkosh, Wisconsin The Architect: YARBRO—KEMPINGER ARCHITECTS, INC. 1018 W. South Park Ave. — P .O. Box 2096 Oshkosh, Wisconsin 54903 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. 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 1 FILE 8016 1 e tiff � ce 11 1I1 i THIS CERTIFIC TE IS ISSUED A• A• ATTER I I I FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. i -��° THIS CERTIFIC•TE DOES NOT •MEN r, EXTE •� I I i i iORDED BY THE POLICIES LI ED BELOW. •tNAME AND ADDRESS OF AGENCY RICHARDS INSURANCE C P AFFORDING COVERAGES P. O. Box 2424 DI■ N Oshkosh, WI 54903 IT ' UNITED STATES FIDELITY & GUARANI )E N . T NAME AND ADDRESS OF INSURED T N 1 SOLAR ELECTRIC, INC. _ 745 Leeward Court West ), N Oshkosh, WI 54901 T ' AtN' I . T- I This is to certify that policies of insurance listed below have been issued to in-.r 'd.: . . Ib , ,a _,rce at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate -) ;b AK: r ay rt.i rsurance afforded by the policies described herein is subject to ill the terms,exclusions and conditions of such policies. I Limits of Liability in Thousands(000 4 CLETTERY TYPE OF INSURANCE POLICY NUF N DATE EACH AGGREGATE• OCCURRENCE GENERAL LIABILITY BODILY INJURY $ 300 $ 300 A COMPREHENSIVE FORM MP 76789 12/TO/82 ® PREMISES—OPERATIONS PROPERTY DAMAGE $ 100 $ 100 EXPLLOSSII ON AND COLLAPSE (only for underground ❑ UNDERGROUND HAZARD property damage ) • 10 PRODUCTS/COMPLETED • OPERATIONS HAZARD • BODILY INJURY AND ki CONTRACTUAL INSURANCE • PROPERTY DAMAGE $ $ 1I id BROAD FORM PROPERTY COMBINED DAMAGE ki INDEPENDENT CONTRACTORS ill PERSONAL INJURY I PERSONAL INJURY $ 300 • AUTOMOBILE LIABILITY BODILY INJURY • (EACH PERSON) $ A El COMPREHENSIVE FORM BAP 595883 12/10/82 BODILY INJURY $ OWNED (EACH ACCIDENT) HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $.1 5OO COMBINED EXCESS LIABILITY BODILY INJURY AND A 7 UMBRELLA FORM CEP 010393339 12/10/82 PROPERTY DAMAGE $ 2,000 $ 2,000 ❑ OTHER THAN UMBRELLA FORM COMBINED WORKERS'COMPENSATION STATUTORY A and 46 01672 81 3 112/10/82 $ 100 EMPLOYERS'LIABILITY _ ,EnCH ACCIDENT; OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above descrAed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to ° mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER The City of Oshkosh DATE ISSUED: 09/13/82 215 Church Avenue •- Oshkosh, WI 54901 - / ) 0 .- /V,(Avc.1 1 'lti AUT IRI ZED REPRESENTATIVE RESENTATIVE ACORD 25(1-79) 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.) ELECTRICAL WORK Alterations to City Hall. For Probation and Parole 215 Church Avenue City of Oshkosh, Wisconsin ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced 7 September 1982 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 1 November 1982 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) If substantial completion is not achieved on or before 1 November 1982 , liquidated damages in the amount of $25. 00 will be assessed for each consecutive calendar day required by the Contractor to achieve substantial completion. AIA 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 2 FILE 8016 • 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 ONE THOUSAND THREE HUNDRED FIFTY AND NO/100THS DOLLARS ($1,350 . 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 31 August 1982 Lump Sum Base Bid No. 3 , accepted $1, 350 . 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than twenty-three days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing,for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner;>oxIcooxxcilx14ktxXamotoomMalocectxxxxialmmx0Itoximocoom>altxmlickwoxixxcoxxxx XXXXXXXXXXXx ycxa xxvva u tirXi, k i£ iX ainvi t}xx itj ryaiiK XIX Xi €lliMialKNiXlX�X> Nckb sXX ROLK iKWaYoN$ficXa ifaXI t (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.) AIA 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 8016 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 8016, Dated 12 August 1982 Pages Thru TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 2 CONDITIONS OF THE CONTRACT General Conditions 19 Supplementary Conditions SC/12 General Requirements GR/12 DIVISION 16 - ELECTRICAL WORK 16100 - Electrical Work 16100/11 ADDENDA TO SPECIFICATIONS No. 1 , dated August 27, 1982 DRAWINGS , File 8016, dated 12 August 1982 Electrical M-1 of 1 CONTRACTOR' S PROPOSAL, dated August 31, 1982 Pages BF/l , BF/2 , BF/3 , and BF/4 , attached hereto. This -- ent entered into as of the day and year first written above. OWNER CONTRACTOR AIA 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 4 FILE 8016 Wisconsin has caused this of Oshkosh, seal and to be subscribed WHERE the City core ned by u the IN WITNESS sealed with 1t�8 Clerk and countersigned hereunto to be er and City arty of the second part above Contract' e City said and the p day and year s s of said City► seal the Comptroller their hand and sets it' s, his or written. CONTRACTOR INC. presence of: SOLAR ELECTRIC, In the P B 1 2 4-------_ ,-7 7 / Title T (Seal of Contractor - if a Corporation) OWNER CITY OF O HKOSH, WISCONSIN fi(4.-_e, City Manager B D. Frueh► , 7, , William �/.rl/, ! .►�� ' �� Clerk B Marks�+� , ,�`�,,r- / Converse C , 07 ,certify that provisions I hereby cmade to pay the (Seal of City) that will accrue to the have been liability under this Contract. Citt o • City of Oshkosh jrs__L_A/L_k_oj:/y__________, , City Comptroller Approved as to form and execution ady 10 0/ City Attorney 5 FILE 8016 8016 (SUBMIT IN DUPLICATE) BF/1 BI----- ALTERATIONS TO CITY HALL FOR P15 FOR AVENUE CITY OF OSHKOSH, WISCONSIN BIDS CLOSE: 2:00 P.M. , 31 August 1982 Office of City Clerk AT: City Hall Oshkosh, Wisconsin TO: City Manager Wisconsin City of Oshkosh. (An Individual) (A Corporation) C =4. e_ (A Partnershi•) WE - T / � w rtiL� _ City of _Street 31 - 3 0 Telephone No. State and Zip contract and to furnish hereby agree to execute proposed n the amount specified and Surety Bond required to comp a satisfactory Hated above, for prices to provide all nabor and jecttdesigs re set construction of P ce with Architects, rac. , elow, in strict accordance with Contract Docu- ments forth below, Yarbro-Kempinge melts prepared by Oshkosh, Wisconsin 54903 , File No. 8016, Park Avenue, dated August 12 , 1982. File No. D 8016 F/2 GENERAL CONSTRUCTION WORK Lump gum Base B1 No. 1, General Construction Work for te sum o Dollars ($ lA ceilings are changed from painting ALTERNATE BID NO• providing new acoustical I suspended acoustic panels to existing acoustical P ecification Sections 09500 and panels as specified in Sp 09900. 1 the sum of (Add to) (Deduct from) Base Bid No. Dollars ($ VENTILATION WORK L 2. Ventilation Work for the sum of � Sum Base n id N•. Dollars ($ ELECTRICAL WORK d N 3 o. , Electrical Work for the sum of Lum g� case sl E Dollars ($ • B 8016 BF/3 • of all work in the INED BID• Consisting identification OPTIONAn .separate Base Bids: (Enter bid indicate o bowsng speces provided below to constitutes the lump sum combined bid.) numbers and titles in P what work Base Bid No. Base Bid No. Base Bid No. For the combined total of lump sum ) Dollars ($ words and figures. overn. ) shown in both in words will q case of are t the amount shown case of discrepancy, e receipt of the following Addendum ADDENDUM RECEIPT We ac now e q NUMBER DATE NUMBER DATE NUMBER DATE t e contract, to commence COMMENCEMENT AND COMPLETiONawarCONTRACT contract, written COMM agrees, specified in T e unntractnwork on a date to be P the contract Contract Award, in accordance with Article 27 of Supplementary Conditions and to substantially complete the work on or before November 1982. ,/ jCE �v ✓L Proposal is 1 on , etc. this !rte! certi le c ec ,Accompanying in the amount of as called for in the Invitation to Bid. ($ • B 8016 BF/4 • I hereby certify that all statements are made in behalf of �` •muting Bid) Name o Corporation, Partners ip or Person s that I have examined and carefully prepared this Proposal from the Plans and Specificatigp�oposale that Ichecked have full in detail before submitting this authority to make such statements and submit this Proposal in (its) (their) behalf; and that said statements are true and correct. (Signature) - �� (Seal ' is by Corporation) -�- T t •, any Subscribed and sworn to before, 19 me this day of �' cr `Notary-�' lc• or of er o icer authorize= to administer oaths. NOTE: 1) This bid will be rejec�hatlittincorporateshunso2icited altered or changed in such a wayreference, which would alter material, either directly or by any essential provision of the contract nctndocuments or require consideration of unsolicited mat the award of the contract. 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. XXXXXXXX • - mom. OF ARCHITECTS r WISCONSIN SOCIETY O � � ,,_� THE AMERICAN INSTITUTE OF ARCHITECTS "t•� �- 'Juaii ►0B WIS. AIA DOCUMENT •� JULY 1980 ED. WIS. A312 W ti PUBLIC IMPROVEMENT PERFORMANCEILABOR AND MATERIAL cri PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT 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) 001-4/1 E 4.6-c-770(r //02_� (d I, /1/,;71(f%/ t"E 'P) Qs KC 0_ as Principal, hereinafter called P i cipal, and (Here insert the legal�e��addre� �try /J �k, 5T/4 TE5 r ���_i T7 c�R�A✓;y y rn K A_, iL 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) C, Ty c G &'°'/4-/C c. H L Re. ENu..E , u! 1 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafttyr prow ded in the amount of On/6 -/-/Cu Aal.13 7Nh°EE Ff 0-/U/bfS'E_ ,G/ Gi //�c ))0.1.1-AA"_5 Dollars ($ / 5 ) ), (Here insert a sum at least equal to the contract price) 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-56P7 /d 194 entered into a contract with Owner for AL,T�A/4-7/0/V3 -7 C-j am'( A.. FOP t�li D 6.4 77 or) IQ A/1) "39 f2Ot--� /4 CI-RA.,R,C,tf t? 1EI�/c E . . # �`a f� t.�.l accordance with drawings and ss et(Ificatlons prepared by (Here insert full, name, title and address) yp R460 rCEM /Ye /G'/Y Gts. .E 1C-C77/ which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, us The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. •e PUBLIC IMPROVEMENT a PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1 p Copr. 1969 Wisconsin Society of Architects/AIA 615 E.Washington Ave. Madison.Wis. 53703 CERTIFIED COPY • GENERAL POWER OF ATTORNEY No. 92991 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Susan J . Priewe of the City of Oshkosh , Stated Wisconsin its true and lawful attorney in and for the State of W i S con s i n for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Susan J . Priewe may lawfully do in the premises by virtue of these presents. In Witness Whereo/, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 23rd day of April , A. D.1982 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By Robert E. DeNike Vice-President. (SEAL) James T . Beresheim (Signed) Assistant Secretary. STATE OF MARYLAND. J as: BALTIMORE CITY, On this 23rd day of April , A. D. 19 82 before me personally came Robert E . DeNike , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and James T. Beresheim ,Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said Robert E. D e ll i k e and James T . Beresheim were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary,respectively, of the Company. My commission expires the first day in July, A. D. 198 2 r (Signed) Margaret M. Hurst (SEAL) Notary Public. STATE OF MARYLAND Sct. BALTIMORE CITY, I Charles W . Mackey , J r. . Clerk of the Superior Court of Baltimore City, which Court is a Court of Record,and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City,the same being a Court of Record, this 23rd day of April ,A. D. 19 o 2 •(SEAL) (Signed.) Charles W . Mackey, Jr . Clerk of the Superior Court of Baltimore City. FS 3 (12.81) �s. COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland, and in the Territories of the United States and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries. under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact, or agent or agents of said Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed, and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds. recognizances, obligations, stipulations, undertakings or anything in the nature Territory of the the sa e. which or may by law, ;municipal or otherwise, or by any Statute of the United States or of any territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization. office or officer, local. municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, riled or recorded for the security or protection of, by or for any person or persons. corporation- body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation. stipulation,or undertaking,or anything in the nature of either of the same. i c h ar d Calder , an Assistant Secretary of the UNITED STATES FIDELITY AND 1, of the original over of attorney given GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy power said Company to Susan J . Pr i ewe of Oshkosh , Wisconsin , authorizing and empowering her to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November.1981, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony- Whereof. I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on ¢'TE9a?t /0/ 19,32 (Date i Assi.st'mt Secretory. 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'?///.FL 76-eiv7 t} day of 6cF'Te-n"1,6e— IN THE PRESENCE OF: cJG,( ,�}6; G <_c /C , , vc Principal By: ttneas — (Seal) Title: v t e e ' r�Name of Surety ° –c Cl, 60 din di)o to By°L .t, 2 / '� ` 7t [ 1 Witness f �/ (Seal) : s -01i�,'eV /.,/ APPROVED BY* IN THE PRESENCE OF: Owner By: (Seal) Witness Title: *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. PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2