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HomeMy WebLinkAboutJohn E Meyer Co/Grand Opera • THE AMERICAN INSTITUTE OF ARCHITECTS outio *Pr 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: JOHN E. MEYER COMPANY Post Office Box 2783 Oshkosh, Wisconsin 54903 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 FILE NO. 8133/79005 — PHASE II • • 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.) PLUMBING WORK Phase II 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 within 10 calendar days after the Owner' s written notice to proceed, but not later than October 15,1983 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than June 29 , 1984 (Here insert any special provisions for liquidated damages relating to failure to complete on time.) There are no liquidated damages. 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 NO. 8133/79005 - PHASE II 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 TWENTY THOUSAND FIVE HUNDRED AND NO/100THS DOLLARS ($20 ,500 . 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. 2 , accepted $20 , 500 . 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; • - - • -- ; : - • • • •• -• • _ _ • •• • • - .. (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 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) . is Agreement otlte414l1 into as of the day and year first writtcn abovc. OWNER CONTRACTOR AlA 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 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 DIVISION 15 - MECHANICAL (Applies to Divisions 15A, 15B, 15C) Section - Title 15000 - General Provisions 15000/ 8 15050 - Basic Materials and Methods 15050/11 DIVISION 15A - PLUMBING Section - Title 15250 - Pipe Insulation 15250/ 4 15400 - Water Distribution System 15400/ 3 15405 - Soil, Waste and Vent Systems 15405/ 2 15406 - Storm Drainage System 15406/ 3 15412 —Sump Pumps 15412/ 2 15420 - Plumbing Fittings and Specialties 15420/ 1 15421 - Drains and Cleanouts 15421/ 2 15424 - Domestic Water Heating Equipment 15424/ 2 15450 - China Fixtures and Trim 15450/ 4 15455 - Electric Water Cooler 15455/ 2 15458 - Mop Basins 15458/ 1 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 Plumbing M-1 and P-1 thru P-5 CONTRACTOR' S PROPOSAL, dated 13 September 1983 Pages C/1 thru C/9 , attached hereto. File No. 8133/79005 - Phase II 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 JOHN E. MEYER COMPANY //t y BY �., ;7iUL t, Tit O �✓ � (Seal of Contractor - if a Corporation) OWNER CITY OF OSHKOSH, WISCONSIN By / ),A2-- Wi liam D. Frueh, Cit Manager allOtiaN By _ `-i �1 � —!A (R cr . . - 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 Cr-r:4A mil/' 1"/ fi ir. City Attorney FILE No. 8133/79005 - Phase II 6 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 (An Individual) ( ` ) WE 1�%r%( ' /` `� �' f C/i : ( ) a of /Z`' ,f':�� t 2 76'3 ('-s/f(C 5H Street City 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 Dollars ($ 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 Dollars ($ 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 Dollars ($ 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 Dollars ($ 8133/79005 C/3 Phase ALTERNATE BID NO. 1D If Annex south wall first floor doors and windows including related frames, trim and alternate hardware allowance are added to the scope of General Construction Work Add to Base Bid No. 1 the sum of Dollars ($ UNIT PRICES (Applicable to Base Bid No. 1) 1. Removal of existing concrete walks, per square foot $ 2. Concrete walks with sand lifts , 5" thick, 6 x 6, 10/10 mesh rein- forcing per square foot $ 3 . Brick Joint Tuckpointing, per square foot of brick surface $ PLUMBING WORK Lump Sum Base Bid No. 2 Phase II Plumbing Work for the sum of /G<-. f=/� r`% /4/6 c /-/L_ ) ./`,t z.) Dollars ($ ?c am; . c- c ) HEATING, VENTILATING AND AIR CONDITIONING WORK Lump Sum Base Bid No. 3 Phase II Heating, Ventilating and Air Conditioning Work for the sum of Dollars ($ 8133/79005 Phase II C/4 ALTERNATE BID NO. 3A If natural gas service to the Emergency Generator Set is added to the scope of the Heating, Ventilating and Air Conditioning Work Add to Base Bid No. 3 the sum of Dollars ($ FIRE PROTECTION WORK Lump Sum Base Bid No. 4 Phase II Fire Protection Work for the sum of Dollars ($ ELECTRICAL WORK Lump Sum Base Bid No. 5 Phase II Electrical Work for the sum of Dollars ($ ALTERNATE BID NO. 5A If the Emergency Electric Generator Set with related accessories is added to the scope of the Electrical Work Add to Base Bid No. 5 the sum of Dollars ($ 8133/79005 C/5 Phase II SUBCONTRACTOR LISTING (required of all Bidders) SUBCONTRACTOR NAME TRADE AND ADDRESS /°mac tic/4 731c. C; '�L /5, '7) • C' r he, c;:-EY `i..11 (Attach a sheet if additional spaces are required) ADDENDUM RECEIPT We acknowledge receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE CZA 2- '14 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 /;4C /LL'7 certified check, bid bond, etc. in the amount of ($ ) as called for in the Instructions to Bidders. (Name of Corporation, Partnership or Person submitting Bid) Si nature I (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, lcQcal 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 /" day of `>, i A 19 4' -by: Firm Name if tfiL G`. / ryk= 2 B - y ZLL r `'i'Av, Title -74 4.42 Seller 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 Address and Zip Code e.cam-rf K C-`;t`f J G L'<<, G7 Cd IC _'`5 1. Bidder has participated in a previous contract or subcontract sub'ect to the Equal Opportunity Clause. YesLi No153 (If answer is yes, identify the most recent contract.) 2. Compliance reports were required to be filed in connection with such cunt act or subcontract. Yes l] NoI (If answer is yes, identify the most recent contract.) 3. Bidder has filed all compliance reports due under applicable inst'.ictions, including SF-100. Yes[j No❑ None Required 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. - IC? N V\IT_ t'- C VII N L Name and Title of Signer (Please Type) Signature Date • WISCONSIN SOCIETY OF ARCHITECTS oilpo THE AMERICAN INSTITUTE OF ARCHITECTS o i.•� �^�i�A �' glop ��11 WIS. AIA DOCUMENT �■=1 fj JULY 1980 ED. WIS. A312 w 0' a 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. tti 3 - 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) John E. Meyer Company, P. 0. Box 2783, Oshkosh, WI 54903 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) Capitol Indemnity Corporation, Madison, WI 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) The City of Oshkosh, 215 Church Avenue, Oshkosh, WI 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Twenty thousand five hundred and No/100 Dollars ($20,500.00 ), (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 9/15/ 19 83 , entered into a contract with Owner for plumbing work for Phase II — Restoration & Rehabilitation, The Grand Opera in k@Ract,011) aws and specifications prepared by (Here insert full name, title and address) Pfaller Herbst Associates, Inc. , m i lirirt eifepor2Pita pafr'E deof ikis lfeci tit` §Eafi chiv 79.14sWf 3ia atutes, in '> The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES 1.,l WIS. AIA DOC. WIS. A312JULY, 1980ED. PACE 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 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 22 day of ceptember , 19$3.--. IN THE PRESENCE OF: John E. Meyer Company --V41 By: (Seal) Witness Title: / QC.4) e/2i 7 Capitol Indemnity Corporation Name of Surety i . � By l I U�'I �, i )�3 . Ira 3 f,mess Tide: Attorney- Fact �'i, APPROVED BY =1,, IN THE PRESENCE OF: Q 7.06.4.4/{ Owner / 11 By: (Seal) Witness Title: �y GI et 4 j GT C//1 O f o_s/651' NI *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.AIA DOC.WIS.A312 JULY 1980ED. PAGE 2 V019/tOgINDEMNITY CORPORATION POWER OF ATTORNEY No. 6 8 9 8 7 KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint DONALD W. JAENKE OR LOIS M. JAENKE its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED $200 ,000 .00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow- ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May, 1960: "RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other- wise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such of- fices to the business of this company;the signature of such officers and seal of the Company maybe affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such fac- simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi- fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1st day of August, 1973. Attest: `C........'� 1 CAPITc NDEMNIT CO RATI N stAL Secretary. STATE OF WISCONSIV) President ) SS. COUNTY OF DANE ) On the 1st day of August, A. D., 1973, before me personally came George A. Fait, to me known who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; thui it was so affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order. 0TAt' STATE OF WISCONSIN ) Cdr"` • SS. "" otary Public, Dane Co., Wisconsin COUNTY OF DANE ) My Commission is permanent CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at- attached Power of Attorney 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 now in force. Signed and sealed at the City of Madison. !• ed the 22nd day of Sept. ,19 83 ,SCO.P0.TI ,- uu 7I • o //James P. Bigl C- /4 Vice-President H H U) Cl) 3 ;d tr1 0 ro X C-+ bD PI C7 G) n k'C 0 G 0 • (D t1 G • W • (D 1--' a t'1 H x N b 1-' 1✓• Ch a. 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