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HomeMy WebLinkAboutMarino Construction Co THE AMERICAN INSTITUTE OF ARCHITECTS lllllllllll oltwe AIA 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 AIA 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 FIFTEENTH (15th) day of SEPTEMBER in the year of Nineteen Hundred and EIGHTY THREE BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin and the Contractor: MARINO CONSTRUCTION COMPANY, INC. 3620 South Clement Avenue Milwaukee, Wisconsin 53207 The Project: PHASE II - 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. 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 1 DW71qP TT Wausau • u• insurance Any correspondence in relation to this • sue' bond should he directed to: . Wausau Insurance Companies . jet E A Companies Surety Underwriting 2000 Westwood Drive Wausau,Wisconsin 54401 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That We, MARINO CONSTRUCTION CO. , INC. 3620 S . CLEMENT AVE . MILWAUKEE, WI 53207 (hereinafter called the principal),as principal,and EMPLOYERS INSURANCE OF WAUSAU A Mutual Company a corporation organized and doing business under and by virtue of the laws of the State of W I SCONS I N ,and duly licensed for the purpose of making,guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of WISCONSIN as Surety, are held and firmly bound unto CITY OF OSHKOSH (hereinafter called the Obligee) in the just and full sum of 5% OF THE AMOUNT BID Dollars ($ ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a hid or proposal for the PROJECT NO. 8133/79005 RESTORATION OF GRAND OPERA HOUSE PHASE II in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 13TH day of SEPTEMBER , 19 83 MARINO CONSTRUCTION CO . , INC . Principal (Seal) By /La/_ Jame/R. Marin. , ecretary reasurer EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Surety (Seal) By ��/�Y)( t� / Att cy-in-Fact NANCY L. B (P)815-4228.1 3-81 PRTD.USA PRID. USA 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 FOUR HUNDRED SEVENTY SIX THOUSAND NINE HUNDRED FORTY FOUR DOLLARS. . ($476,944 . 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 September 1983 Lump Sum Base Bid No. 1, accepted $444 , 444 . 00 Alternate No . 1A, not accepted 00 .00 Alternate No. 1B, accepted 7 , 500 . 00 Alternate No. 1C, accepted 10 , 000 .00 Alternate No. 1D, accepted 15, 000 . 00 TOTAL CONTRACT SUM $476 ,944 .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; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained alter 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 NO. 8133/79005 - PHASE II • 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 18 August 1983 Pages Thru TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 4 CONDITIONS OF THE CONTRACT General Conditions 19 Supplementary Conditions SC/18 Federal Requirements and Regulations Appended Agreement Between Owner and Contractor 1- 2 Non-Federal Labor Standards Provisions (See Supplementary Conditions, Art. 37) U. S. Department of Labor Digest of Davis Bacon Regulatory Changes 1- 2 Part III, Labor Standards Provisions 1-15 Part 5, Labor Standards Provisions 1-21 Payroll Instructions and Forms 8-20 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions 1-13 Affirmative Action Requirements and Equal Employment Opportunity 1— 6 Executive Order 11246 Equal Employment Opportunity 1-13 Contract Compliance 1- 2 Equal Opportunity Provisions 3- 4 (continued) OWNER CONTRACTOR AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • MA® 101977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 Pages Thru Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity 1- 3 Equal Opportunity Clauses 1- 3 Standard Federal Equal Employment Opportunity Construction Contract Specification 1- 5 Sample Equal Oppportunity Policy Statement 1- 2 Employer Information Report EEO-1 1- 3 General Requirements GR/17 DIVISIONS 2 thru 9 - GENERAL CONSTRUCTION Section - Title 02050 - Demolition 02050/ 7 02200 - Earthwork 02200/ 4 02500 - Bituminous Paving Patching 02500/ 3 03200 - Concrete Reinforcing 03200/ 4 03300 - Concrete 03300/21 04200 - Masonry 04200/11 04210 - Masonry Tuckpointing 04210/ 3 05100 - Structural Metal 05100/ 5 05200 - Steel Joists 05200/ 2 05300 - Metal Decking 05300/ 2 05500 - Miscellaneous Metals 05500/ 6 06100 - Rough Carpentry 06100/12 06200 - Finish Carpentry 06200/ 3 07150 - Dampproofing 07150/ 2 07200 - Insulation 07200/ 1 07300 - Asphalt Shingles 07300/ 3 07411 - Metal Wall System 07411/ 3 07500 - Roofing Repairs 07500/ 5 07530 - Elastic Sheet Roofing 07530/ 6 07600 - Architectural Sheet Metal 07600/ 6 07900 - Sealants 07900/ 4 08110 - Metal Doors and Frames 08110/ 4 08200 - Wood Doors 08200/ 4 08600 - Wood Windows 08600/ 3 08700 - Hardware 08700/ 6 08800 - Glass and Glazing 08800/ 5 09300 - Paver Work 09300/ 4 09900 - Painting 09900/ 9 09910 - Masonry Cleaning 09910/ 3 File No. 8133/79005 - Phase II 5 ADDENDA TO SPECIFICATIONS No. 1, dated September 6, 1983 No. 2 , dated September 6 , 1983 DRAWINGS, File 8133/79005-Phase II, dated 18 August 1983 Title Sheet 1 Sheet Architectural A-1 thru A-31 Structural S-1 thru S-8 CONTRACTOR'S PROPOSAL, dated 13 September 1983 Pages C/1 thru C/9 , attached hereto. FILE NO. 8133/79005 - PHASE II 6 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. /ra-5.<-1-2/4:2.< fames no Title/Secretary/Treasurer (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKOSH, WISCONSIN By , tet.:-.— .�CX< Wi iam D. Frueh, City Manager 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) 4)..ota at-Lti City Comptroller Approved as to form and execution �!. /� UV �� � csf, City Attorney FILE No. 8133/79005 - Phase II 7 • • 8133/79005 (SUBMIT IN DUPLICATE) C/1 Phase II BID FORM PHASE II 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 September 1983 AT: Office of City Clerk City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin (A Corporation) WE MARINO CONSTRUCTION CO. , INC. ( xR ) of 3620 S. Clement Ave. , Milwaukee, Wisconsin 53207 Street City 9isconsin 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 Docu- ments prepared by Yarbro-Kempinger Architects, Inc. and Pfaller Herbst Associates, Inc. , 1018 West South Park Avenue, P.O. Box 2096, Oshkosh, Wisconsin 54903, File No. 8133/79005 Phase II, and dated August 18, 1983. • 8133/79005 C/2 Phase II GENERAL CONSTRUCTION WORK Lump Sum Base Bid No. 1. Phase II General Construction Work for the sum of /"pC/,tt, MI' /0z we 86 44/0 f orU.efl-!'ou.P 7 o .4'A/0 /C7.70/3 M-M/O.E?&-c,/27(70.;AF. Dollars ($ 44( 44(41/ ALTERNATE BID NO. lA If stage rigging and grid work demolition is added to the scope of General Construction Work Add to Base Bid No. 1 the sum of O /�'OU5.9N/ /Gr'a / UAA0,e. Like.A. .5 Dollars ($ 2,200 ALTERNATE BID NO. 1B If cleaning of Annex north, west and south walls are added to the scope of General Construction Work Add to Base Bid No. 1 the sum of f/i <lND / i liN/J•E'EL' DOLLAA'3 Dollars ($ 75"00 ) ALTERNATE BID NO. 1C If existing second floor Annex windows and one door are replaced with new wood windows as a part of General Construction Work Add to Base Bid No. 1 the sum of ,✓ z%42.4, ...5 Dollars ($ /11000 8133/79005 Phase C/3 ALTERNATE BID NO. 1D It Annex south wall first related frames, trim and floor doors added to the nd alternate and windows including scope of General hardware allowance Construction Work are Add to Base Bid No. 1 the sum of Dollars ($ f5"OOZ} } UNIT PRICES (Applicable to Base Bid No. 1) 1. Removal of existin per square foot g concrete walks, 2• Concrete walks $ 5" thick, 6 x with sand lifts, forcing per s q 6' 10 foo mesh rein- uare foot 3• Brick Joint Tuck pointing, per s quare foot of brick surface 40' $ PLUMBING WORK Lump Sun►- Base Bid No. 2 Phase II Plumbing Work for the sum of No Bid Dollars ($ ) HEATING, VENTILATING AND AIR CONDITIONING WORK Lump ionin No' 3 Phase g Work II Heating, Ventilating and Air No Bid Dollars ($ 8133/79005 C/4 Phase II ALTERNATE BID NO. 3A G If natural gas service to the Emergency tor Set is Generator and Air added to the scope of the Heating, Conditioning Work Add to Base Bid No. 3 the sum of No Bid Dollars ($ FIRE PROTECTION WORK Lum Sum Base Bid No. 4 Phase II Fire Protection Work for the sum of No Bid Dollars ($ ELECTRICAL WORK Lip Sum Base Bid No. 5 Phase II Electrical Work for the sum of N. Bid Dollars ($ ALTERNATE BID NO. 5A If the Emergency Generator with related accessories is added to the scope of t Add to Base Bid No. 5 the sum of No Bid Dollars ($ 8133/79005 C/5 Phase II SUBCONTRACTOR LISTING (required of all Bidders) SUBCONTRACTOR NAME TRADE AND ADDRESS ,/6720 1: /G /!3.10/1/ 0e) 0.52-5/7/ X7i.zeu; /1/4=7:9z r /19..0tv,9a°4r BGOCK /204/ — .s/4/XO.5/7/ (Attach a sheet if additional spaces are required) ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1 9/6/83 2 9/6/83 8133/79005 C/6 • Phase II COMMENCEMENT AND COMPLETION The undersigned agrees if awarded the contract, to commence the contract work on a date to be specified in a written Notice of Contract Award, in accordance with Article 30 of Supplementary Conditions and to substantially complete the work on or before June 29, 1984 . ' 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, Partnership or Person submitting Bid) Sign '7rre Jam-s R. Marino 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 unsolicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of unsolicited material in determining 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. NOTE 3 : Bidder shall complete the Equal Employment Opportunity Compliance Certificate and the Certification of Bidder Regarding Equal Employment Opportunity on pages C/7 , C/8 , and C/9. 8133/79005 C/7 • Phase II EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE As used in this certificate the term "subcontract" includes the term "purchase order" and all other agreements affec- tuating purchase of supplies or services. If this certi- ficate is submitted as part of a bid or proposal the term "Seller" shall be deemed to refer to the Bidder or Offeror, or Subcontractor or Supplier. This certificate shall be renewed annually. Notwithstanding the foregoing the certifications made herein shall remain applicable until completion of all nonexempt subcontracts awarded while this certificate is in effect. The undersigned Seller certifies the following to The City of Oshkosh, Wisconsin hereinafter referred to as Buyer: A. REPORTS : Within thirty (30) days after Buyer' s award to Seller of any subcontract and prior to each March 31 thereafter during the performance of work under said subcontract, the Seller shall file Standard Form 100, entitled "Equal Employment Opportunity Employer Infor- mation Report EEO-1" in accordance with instructions contained therein, unless Seller has either filed such report within 12 months preceding the date of the award or is not otherwise required by law or regulation to file such a report. B. PRIOR REPORTS: Seller, if he has participated in a previous contract or subcontract subject to the Equal Opportunity clause (41 C.F.R. Sec. 60-1. 4 (a) (1) through (7) , or the clause originally contained in section 301 of Executive Order No. 10925, or the clause contained in section 201 of the Executive Order No. 11114, has filed all required compliance reports. Seller shall obtain similar representations indicating submission of all required compliance reports, signed by proposed sub- contractors, prior to awarding subcontracts not exempt from the Equal Opportunity clause. C. CERTIFICATION OF NONSEGREGATED FACILITIES: Seller certifies that he does not maintain or provide for his employees any segregated facilities at any of his esta- blishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are main- tained. Seller agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this certificate. As used in this certification, the term "segregated facilities" means any waiting rooms, work • 8133/79005 C/8 Phase II area, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or enter- tainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom or otherwise. He further agrees that (except where he has obtained identical certifications from pro- posed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods) : NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certifi- cation of Nonsegregated Facilities, as required by Section 60-1. 8 of Title 41 of the Code of Federal Regulations, must be submitted prior to the award of a subcontract exceeding $10 ,000 which is not exempt from the provisions of the Equal Opportunity Clause. The certification may be submitted either for subcontract or for all subcontracts during a period (i.e. , quarterly, semiannually, or annually) . (Note: The penalty for making false statements in offers is prescribed in 18 U.S .C. 1001) . D. AFFIRMATIVE ACTION COMPLIANCE PROGRAM: Prior to 120 days after receipt of any subcontract in the amount of $50, 000 or more from Buyer, Seller, if he has 50 or more employees and is not otherwise exempt under 41 C.F.R. Part 60-1, shall have developed for each of his establish- ments a written affirmative action compliance program as called for in 41 C.F.R. Sec. 60-1. 40. Seller will also require his lower-tier subcontractors who have 50 or more employees and receive a subcontract of $50 ,000 or more and who are not otherwise exempt under 41 C.F.R. Part 60-1 to establish written affirmative action compliance programs in accordance with 41 C.F.R. Sec. 60-1. 40. E. Seller certifies that he is not currently in receipt of any outstanding letters of deficiency, show cause, probable cause, or other such notification of non-compli- ance with EEO regulations. Executed this 13th day of September 19 83 by: Firm Name MARINO CONSTRUCTION CO. , INC. 3620 S. Clement Avenue Miles. kee, Wisconsin 53207 BYE/� J ors ' . .rino Title S cretary/Treasurer Seller MARINO CONSTRUCTION CO. , INC. 3620 S. Clement Ave. Milwaukee. Wisconsin 53207 8133/79005 C/9 Phase II U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25) . The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any pre- vious contract or subcontract subject to the equal oppor- tunity clause; and, if so , whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Bidder's Name MARINO CONSTRUCTION CO. . INC. Address and Zip Code 3620 S. Clement Ave. Milwaukee, Wisconsin 53207 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes No❑ (If answer is yes, identify the most recent contract.) Whitefish Bay Village Hall Elevator - Project No. 2220 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes13 No❑ (If answer is yes, identify the most recent contract.) Whitefish Bay Village Hall Elevator - Project No. 2220 3. Bidder has filed all campliance reports due under applicable inst.'ictions, including SF-100. Yesng No❑ None Required 0 4. If answer to item 3 is "no", please explain in detail on reverse side of this certification. Certification - The information above is true and complete to the best of my knowledge and belief. James R. Marino, Secretary/Treasurer Name and Title of Signer (Please Type) September 13, 1983 Signature Date -.1 ` a t*i - rd `!.--it. {/vY s 4a t qtk, i .� i/S/ ,�,,ow CO ~aO)P Thatw 9C�MF 0/?? k. e ,I /1141?-14,ey TyFs 'PS ' F p rh coe°u aft Pr All C SO CD �S�'vTS• B! .Statep f•-os on'd del the p��okF<�MF�C o OR ARO f d n14c/ rtn k/I tiT I Cti POS 9 as SU�ety t�� nv ipd/J ds s�fr CO. q<eo bind c orrc are fry/SC drdrtl ttt�60 Pit ?p� ./4/ �'O llidUh°U/sp°Ud 414., hP/d aiio,ftr O�SIN ir'6' -6ecss oci C• �QUO I �'�US��d�UeC(��j rP/dt lays a_"o'f�0, /J'b00„,,, orUtrt�,s d nd by��f�o( USdU' w k c�dr�t�i rc��p t un t r�t/ �$ sU u/e �;r Q} , scu �r.k dn; tis we 0/, Unro surety toe of SfN3 nstn.Sge es Y f` hereby \ S o ON t00/ G'�.' 40/ r'�ly bi Op CIT n 60 dws ukcFO • 6y od y ds ()ft/ Pk, e4461/2/.IO these pr set/BPS �fawf�/ TyF 'gill() Op pSy rUhdP�k';t� `£91j,,� T u o f� O r ly vfv t to f ff ts, d ,,r of oe Ci S '�� P I C the S O heir y u f BI y 9U;re SCO oih du °6/i eC/ s' e the r. S t• ARO fee bcd T fCN xPC of°����tP°,S. 40/4( 'J4 h'��FCT t� urpropssS�t/y 40,,,_Ustls°�9 /he dbythe/dfy4c.• Se A/des Pk, 813 elf fOr thPy9! ';'.0.6. dt°rs Q;cd fur rPtndfPr C',..4/1 ws°r tote fur dnd SAect II 3/>�0� R�9S each Of baY•,e/it Pd the 4P b ftc tliu S R t/te ab Ur sU Of Obftd'e P saidd or pr ns fjed ST pR u�P bu cceSSUr:4lch / ti ub/i upu iit 9 T Uod NI' wP/ �'dt;u �'ee d sd/ f the f 104/ en Art d asst /dud t o to nd ° ,sd1Q1,0,-,. u fce OF nci 'gels 'till, be 0U/�dtd pr nc u f the G,P pelf as d f ✓ui�',tip to be 9c;pd/ dnd`o��Od/ hell shelf/ 064�'eP ��10 po °resaid a�Q, d d// b 400, is ndSdtd S utherwtsenter e• accept Under Rq aboUr t Ur l e to No , eel the u /c e y hd�e be and c°nlraod the not/c'e ;. cdU,sed these re�a'nc�dnd contra tn`ttt0 to bu c't/. Apr presents t fU//f rc e%n hescuh °r °'DUSa/s there b e t 6 or Al ° edU/ d ffectA/eti Paway f 0.0 SRI No y stknP °f sa;ded to C04, d and , U wor the S T sea/ k as e J �_ �CTI d th,s. e'- o f'yA�� + �,•�,v.-� /°r',,cyp co• 13Th JP q U t s�v sS 4 �?N 4 44p er o ty My t� 2'�L. e_ 9 t' vVc_ eas,,_ Notarial Acknowledgement—Attorney in Fact On this —13TH day of SEPT . , 19 83 , before me. • STATE OF WISCONSIN JUAN I TA J . SCOTT , a Notary Public in and for said • N' MILWAUKEE ( s.s MILWAUKEE Count State aforesaid, residing therein, duly .county of y, 9 y commissioned and sworn, personally appeared NANCY L . BRAY • • • 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 Cornpai,y and acknowledged to me that he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said c y of MILWAUKEE the day and year in this certifi,ate fist above written. Notary Public in for the county of M 4f'AUKEE Stale of W . CONS I N My commission expiri;s, OCTOBER 14, 1984 015 41216 9 79 EMPLOYERS INSURANCE OF WAUSAU A Mutual Company • as POWER OF ATTORNEY ; - - (FOR BID BONDS ONLY) KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the latvs 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 Nancy L. Bray 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 AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUAR- ANTEES OR IN THE NATURE THEREAFTER Z El W and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with ti Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. CC Q 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: 0_ "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF c_ WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying Q the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU H A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary O be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to Z attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company" in in "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF O WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by o facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be H- valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in Z the future with respect to any bond, undertaking or contract of suretyship to which it is attached" in in IN WITNESS WHEREOF, EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be 0 w signed by the senior vice president and attested by its secretary,and its corporate seal to be hereto affixed this 1 s t 0 Q day of February , 19 83 H . EMPLOYERS INSURANCE OF WAUSAU A Mutual Company ki �.ro.,F i1 By Z = i'e SEAL € L. J. Baumer Senior Vice President QLL Attest: /7 i Wi'vtieetio-'10 0 O R.J.Wendorff Secretary Q STATE OF WISCONSIN ) ) ss. u_ COUNTY OF MARATHON ) On this 1St day of February , 19 83 ,before me personally came wL.J. Baumer to me known,who being by me duly sworn,did depose and say that he is a senior vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, the corporation O described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument w is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto O by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above written. 1— X, i, 1 4 ; Notary Public Z R. J.Wendorff cn NOTARY PUBLIC U) STATE OF WISCONSIN = MY COMMISSION IS PERMANENT H CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I, the undersigned, senior vice president 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 ib furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. ° Signed and sealed in the City of Wausau, Marathon County, State of Wisconsin,this 1 3 T H day of SEPTEMBER 19 83 /' N /.ru ��° """�t L.J. Baumer Senior Vice President -r t,sEA + 00 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) tt•■•■ 111 WISCONSIN SOCIETY OF ARCHITECTS �III� II,� .14 THE AMERICAN INSTITUTE OF ARCHITECTS , ��;fm:V s =h AI' WIS. AIA DOCUMENT o JULY 1980 ED. WIS. A312 BOND NO . 0450-73-091591—C PUBLIC IMPROVEMENT ry PERFORMANCEILABOR AND MATERIAL PAYMENT BOND IlLS RONI) IS TO BC USED ON ['Lift IC IMI'ROVIiMLNT CON IRACIS I'IIRSUANr 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 . , ,�3g6�,[20 yS�. CLEMENT AVE . , MILWAUKEE, WI 53207 CMt'L ittiiNSi litit5F kriekI el pa+tiYe insert the legal title and address of Surety) 2000 WESTWOOD DR. , WAUSAU, WISCONSIN 54401 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) CITY OF OSHKOSH 215 CHURCH AVE . , OSHKOSH, WI 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of FOUR HUNDRED SEVENTY—SIX THOUSAND NINE HUNDRED FOURTY—FOUR AND 00/ 100 Were insert ■ sum at least equal to the contract price) Dollars ($ 476, 944 , 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 SE P T. 15, 19 83 , entered into a contract with Owner for PHASE II RESTORATION & REHABILITATION OF GRAND OPERA HOUSE in accordance with drawings and specifications prepared byy (Here insert full name, title and address) YARBRO—KEMPINGER ARCHITECTS, INC . , PFALLER HERBST ASSOCIATES, INC . 1Q18 WEST SOUTH PARK AVE . OSHKOSH l WI. 554q� 1. which contract is by reference made a part hereo and 1S requlred"byS-ectlon 779.14, Wisconsin Statutes, Any correspondence In relation to this bond should be directed to: a_ Surety Department Wausau Insurance Companies 2000 Westwood Drive Wausau,Wisconsin 54401 The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. c PUBLIC IMPROVEMENT 8 PERFORMANCE/LABOR-MATERIAL BOND TWO PACES Cn WIS. AIA DOC. WIS. A3I2JULY. 1980ED. PAGE I 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 assigrunent, 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 2 1ST day of SEPTEMBER _ 19 8 3 IN THE PRESENCE OF: MARINO CONSTRUCTION CO . , INC . / Principal ,A ��/ By: fes v f (Seal) Witness : R. ` Girl o, secret aI'y/rre asurer EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Name of Surety Aiw By (Seal) /Witn �- T;de: mea D. terse, Attorney-In-Fact APPROVED BY* IN "TIE PRESENCE OF: ( Owner • #eli••■fr— By: /71 /j7g4,q w (Seal) Witness Tue: C ;,1� Y 7Z ©5�e"Ko5X' *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. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES WIS.MA DOC.WIS.A3I2 JULY 1980 ED. PAGE 2 Notarial Acknowledgement---Attorney in Fact On this 2 1ST day of SEPT 19 83 before me. WISCONSIN NANCY L . BRAY STATE OF--- , a Notary Public in and for said MILWAUKEESS MI LWAUKEE County of __ — — County, State aforesaid, residing therein. duly commissioned and sworn, personally appeared JAMES D . GE RSCH known to rrne to be the parson wbo■c 11.1111 subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that he subscribed the name of EMPLOYERS INSURANCE OI WAUSAU A Mutual Company thereto as surety, and his own ❑s attorney nt fact IN WITNESS WHEREOF, I have hereunto set my hard and affixed niy riffs-ial i t my office i n the said county of M 1 LWAUKE E Ol,, rl w, and year in this certificate first above written 72/17 Notary Public in and for the county of / I LWAUKEE State of WISCONSIN My commission expires 4- 1-84 815-4216 9-79 M a 204-011- p 1 14 4 EMPLOYERS INSURANCE OF WAUSAU A Mutual C o m p a n 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 James D. Gersch 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, RECOGNI ZANCES OR OTHER WRIT- TEN OBLIGATIONS. IN THE NATURE THEREOF. INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. 0 w • and to bind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. 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: W "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying P Y Y �',' Yq Y g the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU O A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary z be, and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." w "FURTHER RESOLVED, that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF O WAUSAU A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by 0 facsimile,and any such power of attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in w the future with respect to any bond, undertaking or contract of suretyship to which it is attached" W • 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 secretary, corporate 15th g y p y y, and its cor x�rate seal to be hereto affixed this Q day of November , 19 80 Z u) EMPLOYERS INSURANCE OF WAUSAU A Mutual Company cTTn Z1 �OPY0,IE\ By �i L. J. Baumer Vice President Q � �SEAL�,s,�' • Attest: R. J. Wendorf Secretary STATE OF WISCONSIN ) LL ) ss. O COUNTY OF MARATHON ) wOn this 15th day of _ _ November . 19 80 , before me personally came L.J. Baumer _ 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 0 instrument is such corporate seal and that it was so affixed by order of the Board of I)irectors of said corporation and that he • signed his name thereto by like order. l se:il the day and year herein first above written.IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official W 41-^-; / Notary Public R. J. Wendorf co NOTARY PUBLIC STATE OF WISCONSIN O MY COMMISSION IS PERMANENT CERTIFICATE STATE OF WISCONSIN ) CITY OF WAUSAU ) ss. COUNTY OF MARATHON ) I,the undersigned,vice president 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 in the City of Wausau, Marathon County, State of Wisconsin, this 21ST day of SEPTEMBER c9N j�u11ro4 r L. J. 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