HomeMy WebLinkAboutContractors Agreement: Safety Building Locker Room Renovation I N A
City
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Oshkosh
CONTRACTOR AGREEMENT:
SAFETY BUILDING LOCKER ROOM RENOVATION
CITY.OF OSHKOSH
THIS AGREEMENT, made on the 13th day of July, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and MIRON CONSRUCTION CO.
INC., 1.471. McMahon Drive, Neenah,WI 54956,hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. 'I'lie Contractor's proposal is attached hereto and reflects the agreement of the parties except
where it conflicts with this agreement,in which case this agreement shall prevail.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
1. Proposal Solicitation
2. This Instrument
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts with any
provision in any other of the component parts,the provision in the component part first enumerated
above shall govern over any other component part which follows it numerically except as may be
otherwise specifically stated.
ARTICLE 11. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Makenna Stelpflug,Project Manager)
B. Changes in Project Manager, The City shall have the right to approve or disapprove of any
proposed change from the individual named above as Project Manager. The City shall be provided with
a resume or other information for any proposed substitute and shall be given the opportunity to
interview that person prior to any proposed change.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 1 30 http://www,ci.oshkosli.wi,us
ARTICLE Ill. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the Contractor's Proposal dated June 28,
2018, attached as Exhibit A.
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such, information as is needed by the
Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE W TIME OF COMPLETION
The work to be performed under this contract shall be completed as soon as-possible.
ARTICLE VM PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$272,354.00 adjusted
by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for services.
The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any
statement amount is disputed, the City may withhold payment of such amount and shall provide to
Contractor a statement as to the reason(s)for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
amendment to this agreement executed by both parties prior to proceeding with the work covered under
the subject amendment.
ARTICLE VHL CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against
all actions, claims and demands of any kind or character whatsoever which may in any way be caused
by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees
or his subcontractors related however remotely to the performance of this Contract or be caused or result
from any violation of any law or administrative regulation, and shall indemnify or refund to the City all
sums including court costs, attorney fees and punitive damages which the City may be obliged or ad-
judged to pay on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund.
ARTICLE IX INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor.
In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later than
10 calendar days before the termination date. If the City terminates under this paragraph, then the
Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the Agreement
and any alteration thereto shall be invalid unless made in writing, signed by both parties and
incorporated as an amendment to this Agreement.
In t e Presence of: CON CTOR/CONSULTANT
Won o truction 0.11115.
JA By-
Christy You WASS David G. Voss,Jr.,President
(Seal of Contractor (Specify Title)
if a Corporation.) By:
Dean J.Basten,Secretary/Treasurer
(Specify Title)
CITY OF OSHKOSH
By:
Mark A.'Rohloff,City Manager
And Pamela R.Ubrig,City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this,contract.
Attorney—j
QJJJ)2
n
City Comptroller
Oshkosh Safety Building—Locker Room/Restroom Renovations M1615
SECTION 004113—BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT)
To: Oshkosh City Manager
c/o City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh W154903-1130
Project:Locker Room/Restroom Renovations, Oshkosh Safety Building
Date: 6/28/18
Submitted by: Miron Construction Co.,Inc.
(full name&address) 1471 McMahon Dr.
Neenah, WI 54956
1. OFFER
Having examined the Place of The Work and all matters referred to in the General Information,Instructions to
Bidders and the Contract Documents prepared by T.R.Karrels&Associates,S.C.for the above mentioned project,
we,the undersigned,hereby offer to enter into a Contract to perform the Work for the Sum of:
$ dollars,in lawful money of the United States of America.
, 0 u 0 ht tl,vV P1� /=��f` ,�,r✓ P rt�-s.�9-•�'� ,�o u oe "Y
We have included the security deposit as required by the Instructions to Bidders. �, C Z),/-
All applicable federal and local taxes are included in the Bid Sum.
2. ACCEPTANCE
This offer shall be binding for thirty-five calendar days following the bid opening date,unless we,the Bidder,upon
the request of the purchasing agent, agree to an extension.
■ If this bid is accepted by the Owner within the time period stated above,we will:
■ Furnish the required bonds within seven days of receipt of acceptance of this bid.
■ Commence work within seven days after written acceptance of this bid.
If this bid is accepted within the time stated,and we fail to commence the Work or we fail to provide the required
bonds,the security deposit shall be forfeited as damages to the Owner by reason of our failure,limited in amount to
the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con-
tract is signed.
In the event our bid is not accepted within the time stated above,the required security deposit will be returned to the
undersigned,in accordance with the provisions of the Instructions to Bidders;unless a mutually satisfactory ar-
rangement is made for its retention and validity for an extended period of time.
3. CONTRACT TIME
II' If this Bid is accepted,we will:
BID FORM—STIPULATED SUM(SINGLE--PRIME CONTRACT) 004113 - 1
i
Oshkosh Safety Building—Looker Room Restroom Renovations M1615
• Commence the Work by(date)
• Complete the Work by(date)
4. CHANGES TO THE WORK
When the Architect/Engineer establishes that the method of valuation for Changes in the Work will be net cost plus
a percentage fee in accordance with General Conditions,our percentage fee shall be:
. 0&1
,e��4percent overhead and profit on the net cost of our own Work;
Am2percont on the gross cost of work done by any Subcontractor.
On work deleted from the Contract,our credit to the Owner shall be the Architect/Engineer approved net cost plus
of the overhead and profit percentage noted above.
5. ADDENDA
The following Addenda have been received. The modifications to the Bid Documents noted below have been con-
sidered and all costs are included in the Bid Sum.
Addendum# / Dated
Addendum# Dated
Addendum# Dated
Addendum# Dated
6. APPENDICES
The following documents are attached to and made a condition of the Bid:
Bid security deposit in form of Bid Bond
Document 004300 including:
Appendix A—List of Alternates.
6. ADDITIONAL BIDDER QUALIFICATION INFORMATION
After the bid opening,the City of Oshkosh will distribute'a Request for Additional Qualification Information form,
to be completed and returned to the City Manager(address above)within 24 hours.
7. BID FORM SIGNATURES
The Corporate Seal of
Mixon Construction Co., Inc.
(Bidder—print the Ul name of your firm)
Was hereunto affixed in the presence of:
BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) 004113 -2
.Osb4sSafety Buildi — ocker Room/Restroom Renovations M161S
(Aus_igng officer) Title)
David G. Voss, Jr. President
(Seal)
(Authorized signing of r) Title)
Dean J. Basten Secretary/Treasurer
(Seal)
If the bid is a joint venture or partnership,add additional forms of execution for each member of the joint venture in
the appropriated form or forms as above.
END OF SECTION 0041.1.3
BID FORM—STIPULATED SUM(SINGLE—PRIME CONTRACT) 004113 -3
Oshkosh Safety Building—Locker Room/Restroom Renovations M 1615
SECTION 004300—PROCUREMENT FORM SUPPLEMENTS
To: Oshkosh City Manager
c/o City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI 54903-1130
Project:Locker Room/Restroom Renovations—Oshkosh Safety Building
Date: 6/28/18
Submitted by: Miron Cosntruction Co., Inc.
(full name&address) 1471 McMahon Dr.
Neenah,W1 54956
In accordance with Document 002113 and Document 004113,we include the Appendices to Bid Form Supplements
listed below. The information provided shall be considered an integral part of the Bid Form.
The following Appendices are attached to this document:
Appendix A—List of Alternates:Include cost variation to Bid Surn applicable to the Work described in Section
012000—Alternates.
BID FORM SUPPLEMENTS SIGNATURES
The Corporate Seal of
Miron Construction Co., Inc.
(Bidder—print the full name of your firm)
Was hereunto affixed in the presence of:
(Autbo ' ed signing officer Title)
David . Voss, Jr. President
(Seal)
(Authorized sign" g officer Title)
Dean J. Basten Secretary/Treasurer
(Seal)
PROCUREMENT FORM SUPPLEMENTS 004300- 1
Oshkosh Safety Building—Locker Room/Restroom Renovations M 1615
APPENDIX A—LIST OF ALTERNATES
The following is the list of Alternates in the bid submitted by:
(Bidder) Miron Construction Co., Inc.
To: Oshkosh City Manager
c/o City Clerk's Office,City Hall
215 Church Avenue
P.O.Box 1130
Oshkosh WI54903-1130
Dated 6/28/18 and which is an integral part of the Bid Form.
The following amounts shall be added to or deducted from the Bid Sum,
Refer to Section 012000—Alternates: "Schedule of Alternates"for description of Alternates.
Demo/replace existing vav boxes, ductwork,
diffusers, controls and additional work as
Alternate#1 described on the HVAC drawings ADD
Existing vinyl tile and base at Roll Call Room
to remain and be patched as required by new
work in lieu of removing and installing new
Alternate#2 '12x12 porcelain the EDUCT 3 3,
END OF SECTION 004300
PROCUREMENT FORM SUPPLEMENTS 004300-2
V -1 A OTM
lItAx-L-x Document A31 - 2010
Bid Bond
CONTRACTOR: SURETY:
(.Name, legal status and address) (Warne, legal status and principal place
MIRON CONSTRUCTION CO.,INC. ofinisiness)
P.O. Box 509
Neenah,WI 54957-0509 FIDELITY AND DEPOSIT COMPANY OF
MARYLAND This document has important legal
1299 Zurich Way,5th Floor consequences,Consultation with
OWNER: Schaumburg, IL 60196-1056 an attorney is encouraged with
(.Nance, legal status and address) respect to its completion or
CITY OF OSHKOSH modification.
215 Church Avenue,Oshkosh,Wl 54903-1130 Any singular reference to
Contractor,Surety,Owner or
BOND AMOUNT: Five percent of amount bid. other party shall be considered
(5%,1
Amount Bid) plural where applicable.
PROJECT:
(.Marne, location or address, and Project number, if any)
Oshkosh Safety Buidling Locker Room/Restroom Renovations,Oshkosh,Wisconsin. Project Number, if any:
The Contractor and Surety are bound to the Owner in the arnount set forth above,for the payment of which the
Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and
severally,as provided herein,The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and
Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such
bid,and gives such bond or bonds as iriay be specified in the bidding or Contract Documents,with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof'-,or(2)pays to the Owner the
difference, not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount
for which the Owner may in good fiith contract with another party to perform the work covered by said bid,'then this
obligation shall be null and void,otherwise to remain in full force and effect,The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.NVaiver of
notice by the Surety shall not.apply to any extension exceeding sixty (60)days in the aggregate beyond die time for
acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain(lie Surety's consent for
an extension beyond sixty (60)days.
If thus Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so
furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and scaled this 28th y day of June,2018
LMIRON CON LICTION C.O., lNf&.Principal
ipa,
(Principal
V
—W(Title) av d G. Voss,
Jr l President
'
FIDELITY AND DEPQ417,�CO VANY/OF MARYLAND
VQ (,S' v)ure( (Seat)
(Title) Kelly Cody,Attorney in Fact
AIA Document A3101m-2010.Copyright 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President Or Vice President
may, by written instrument tinder the attested corporate seat, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, Or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile Linder and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile oil any Power of Attorney...Any such Power or any certificate thereof hearing such
facsimile signature and seal sliall be valid and binding on the Company,"
This Power of Attorney and Certificate may be signed by facsimile tinder and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth(lay of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this) day Of 20_
So,
r..........
yam+
0, JOT
SEAL
im
David McVicker, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
ORIGINAL
NrAIA Document A312TM - 2010
Petformance Bond Bond No.9285845
CONTRACTOR: SURETY:
(Nance, legal S10/11s an(l athkess) (thine, legal status andprincipol place
MIRON CONSTRUCTION CO., INC, qf business)
P.O.Box 509
Neenah,W1 54957-0509 FIDELITY AND DEPOSIT COMPANY OF This document has important legal
MARYLAND
1299 Zurich Way, 5th Floor consequences.Consultation with
Schaumburg, IL 60196-1056 an attorney is encouraged with
OWNER: respect to its completion or
(Name, legal stottis ond a(klt,ess) modification,
CITY OF OSHKOSH
215 Church Avenue Any singular reference to
Oshkosh,W1 54903-1130 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
I)ate: 7/13/18 AIA Document A312-201 0
combines two separate bonds,a
Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Performance Bond and a
Ainount:Dollars Payment Bond,into one form.
($272,354.00) This Is not a single combined
Description: Performance and Payment Bond.
(.Maine,and location)
Oshkosh Safety Buidling Locker Room/Restroom Renovations,Oshkosh,Wisconsin.(Miron
Project#181525)
BOND
T)ale: 7/20/18
(.Vert eorliei-than Conshwction Conftwcf 1)o1e)
Two Hundred Seventy Two'Thousand Three Hundred Fifty Four and 00/100 Dollars
Amount:($272,354m)
Modifications to this Bond: RI None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Coi-pot-ateSeal) Company (Corpoi-ate Seal)
MIRON TY A ND DEPSIP�M1P1ANYO FMARYLAND
n OONST C� ION CO.,INC. FIDELI
inC
Signature: Sig KA
Nanic Da id G. Voss , r . Name Kelly Cody,Niorney-in-fact
and Title: President and Title:
(An.),additional signattwes appear on the lost poge of this pedbrinance Bont].)
(h-OR INI;'0161A lI(.)N ONIX - Nome, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Aon Risk Services Central, Inc. (lb-chitect, E'agineel,a,-other,pat-tW)
111 North Washin ton Street, Suite 300
Green Bay,W1 5401
(920)437-7123
AIA Document A3121m-2010.The American Institute of Architects.
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If tile Contractor performs the Construction Contract,the Surety and the Continclor shall have no obligation under
this Bond except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business clays after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within tell
(10)business days of the Surety's receipt of the Owner's notice.if the Owner, the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such all agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,tenninates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the teens of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its fight to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the aniount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined, make payment to tile Owner-,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial,
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of all additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy medy available to the Owner, if the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the.Surety has denied liability,in whole or in pail,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
III
AIA Document A312-—2010.The American Institute of Architects.
2
§7 If die Surety elects to act tinder Section 5.1, 5.2 or 53,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor tinder the Construction Contract, and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the coininitnient by the
Owner to pay the Balance of die Contract Price,the Surely is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Conti-act',
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5:and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act tinder Section 5.1. 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any slich
unrelated obligations.No light of action shall accrue on this Bond to all),person or entity other than the Owner or its
heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations tinder this Bond, whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of litintation available to sureties is a defense in the jurisdiction of
the suit shall be applicable,
§12 Notice to the Surely,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears,
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location Nvlicre
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deerned deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
decitted incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been inade,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.The agreement belAveen the Owner and Contractor identified on die cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for all agreement between a Contractor and subcontractor,the term Contractor ill this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
AIA Document A312*m—2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows:
(Space is provided Gelow.1or additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: , Name and Title: ,Attorney-in-Fact
Address: Address:
AIA Document A312" —2010.The American Institute of Architects.
4
jL-.cx DocumentA312TM — 2010
Payment Bond Bond No.9285845
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
MIRON CONSTRUCTION CO., INC, of business)
P.O.Box 509
Neenah,WI 54957-0509 FIDELITY AND DEPOSIT COMPANY OF This document has important legal
MARYLAND
1299 Zurich Way 5th Floor consequences.Consultation with
Schaumburg, IL �0196-1056 an attorney is encouraged with
OWNER: respect to its completion or
(,Name, legal status and address) modification.
CITY OF OSHKOSH
215 Church Avenue Any singular reference to
Oshkosh,W1 54903-1130 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Datc:7/13/18 AIA Document A312-201 0
combines two separate bonds,a
Amount: Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Performance Bond and a
Dollars Payment Bond,into one form.
($272,354.00) This is not a single combined
Description: Performance and Payment Bond.
(.game and location)
Oshkosh Safety Buidling Locker Room/Restroom Renovations,Oshkosh,Wisconsin, (Miron
Project#181525)
BOND
Date! 7/20/18
(,Not earlier than Construction Contract Date)
Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Dollars
Amount:($272,354.00)
Modifications to this Bond: 0 None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporofe Seal) Company: (Corporate Seal)
MIRON CONSTRINC. FIDELITY AND DE F MARYLAND
;aO'N CO.,INC DEPOSIT
Signature q� Signature:
Name 'Da id G . Voss / Jr . Name Kelly Cody,Attollney-i -F t
andTi'le: President and Title:
(/In'),additional signatures appear on the Iasi page of this[IaYmeni Bond.)
(I,-0R.INh'0l?,k,1A 77ON OVA'-- Name, address and telephone)
AGENT orBROKER: OWNER'S REPRESENTATIVE:
Aon Risk Services Central, Inc. (Architect, rivigineer or other partv.')
111 North Washington Street, Suite 300
Green Bay,WI 54301
(920)437-7123
AIA Document A3121"-2010.The American Institute of Architects.
5
1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims,demands, liens or suits against the Owner or the ONviter's property by any person or entity seeking payment
for labor, materials or equipirient furnished for use in the performance of the Construction Contract.and tendered
defense of such claims,demands, liens or suits to the Contractor and the Surety.
4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5The Surety's obligations to a Claimant tinder this Bond shall arise after the following:
§5.1 Claimants,who do not have direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the part),to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or performed,within ninety (90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety sliall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations tinder Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement, If,however,the Surety fail.,;to discharge its
obligations under Section 7.1 or Section T2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided tinder Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any,tinder any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bond,they agree that all hands earned by the Contractor ill the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to die Owner's priority to use the funds for the completion of the work,
AIA Document A31211—2010.The American Institute of Architects.
6
§10'File Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time. to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one),car from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)oil which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrorn and provisions conforming to Such SWUM)'or other legal requirement shall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall pentlit a copy to be made,
§16 Definitions
§16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for rise in the performance of the Construction Contract;
.4 a brief description of die labor, materials or equipment furnished;
.5 the date oil which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Construction Contract;
.6 tile total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;arid
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furilish labor, materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Pix&ct is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment" that part of water,gas,power,light,heat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Conti-actor's subcontractors,and all other
items for which a mechanic's lien may be asserted in die jurisdiction where the labor, materials or equipment were
furnished.
§16.3 Construction Contract.'file agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to [lie agreement and tile Contract Documents.
AIA Document A312111—2010.The American Institute of Architects.
7
16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor,
18 Modifications to this bond are as follows:
(Space is provicled belmv,16t,additional signatures qj'addedparties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate .S(,a/) Cornpani, (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title: Attorney-in-Fact
Address: Address:
AIA Document A3121m—2010.The American Institute of Architects.
8
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND,Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Kelly CODY,Roxanne JENSEN,Trudy A. SZALEWSKI,Christopher 11. KONDRICK, Brian KRAUSE and
Christopher K. HOVDEN, all of Green Bay,Wisconsin, EACH its true and lawful agent and Attorney-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 and undertakings,and the execution of such bonds
or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York,New York.,the regularly elected officers of the COLONIAL,AMERICAN CASUAI..,TY AND SURETY COMPANY
at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-president has hereunto subscribed his/her names and affixed the Corporate Seats of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I I th day of December,A.D.2017.
ATTEST:
Z(JRICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND suRE'ry COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gel ;x 1 0
%0, low
By:
Assistant Secretary 1,ice President
Dawn h.. Brown Michael Bond
State of Maryland
County of Baltimore
On this I Ith day of December, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
MICHAEL BONI),Vice President,and DAWN E.BROWN,Assistant Secretary, of the Companies,to me personally known to be the individuals and
officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,
that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and
that tile said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Cy"i
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 184-3544
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorricy-in-fact to affix the corporate seal thereto;and may with or without Cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE, COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OFMARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICI I AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal or the Company may be affixed by thcsimile on any Power of Attorney...Ajiy such Power or any certificate thereof hearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified cop),of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN ESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this d ay of __j 1)
ISAL
David McVicker, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, 11,60196-1056
1-11' .mtAIA Document A312 TM - 2010
Performance Bond Bond No. 9285845
CONTRACTOR: SURETY:
(Aloine, legal status and address) (Alame, legal status anal principal place
MIRON CONSTRUCTION CO., INC. qfhusiness)
P.O.Box 509
Neenah,WI 54957.0509 FIDELITY AND DEPOSIT COMPANY OF This document has important legal
MARYLAND
1299 Zurich Way, 5th Floor consequences.Consultation with
Schaumburg, IL 60196-1056 an attorney is encouraged with
OWNER: respect to its completion or
(.Name, legal status and address) modification.
CITY OF OSHKOSH
215 Church Avenue Any singular reference to
Oshkosh,WI 54903-1130 Contractor, Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: 7/13/18 AIA Document A312-201 0
combines two separate bonds,a
Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Performance Bond and a
Amount:Dollars Payment Bond,into one form.
($272,354.00) This is not a single combined
Description: Performance and Payment Bond.
(Nance and location)
Oshkosh Safety Buidling Locker Room/Restroom Renovations,Oshkosh,Wisconsin.(Miron
Project#181525)
BOND
Date: 7/20/18
(Mot earlier than Construction Contract Date)
Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Dollars
Amount:($272,354.00)
Modifications to this Bond: R)None 0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
MIRON CONSTRUC)iON CO.,INC. FIDELITY AND DEP S CO PANY OF MARYLAND
Signature: Signature: an
Niine /Da iddG . Voss / Jr . Naine K 9 Fy Co-d TyAttorney in-Fact
and,ritic: President
and Title:
(4n.y additional signatures appear on the lost page of this Peifornl
(p-()IZ INp-(,)j?,1,fil TION OA/[,) - Nome, address and telephone
AGENT orBROKER: OWNER'S REPRESENTATIVE:
Aon Risk Services Central, Inc. (Architect, E-ligineer or other partw)
111 North Washinton Street,Suite 300
Green Bay,W154301
(920)437-7123
AIA Document A312'm—2010.The American institute of Architects.
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for tile performance of the Construction Contract,which is incorporated herein by reference,
§2 if tile Contractor perfornis tile Construction Contract, file Surety and file Contractor shall have no obligation tinder
this Bond,except when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation tinder this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of die Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner sliall attend. Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 sliall be held within tell
(10)business days of the Surety's receipt or the Owner's notice. if the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable tinic to perform the Construction Contract,
but such an agreement sliall not waive the Owner's right, if any,subsequently to declare a Contractor
Default',
.2 the Owner declares a Contractor Default,tcrininates the Construction Contract and notifies tile Surety-,
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with tile terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 sliall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3.the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner.to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals front qualified contractors acceptable to the Owner for a contract for
perfort-nance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default-,or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,detennine the ain0lint for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make pay nient to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional writtell notice front the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy
inedy available to the Owner. if the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability, in whole or in part,without further notice the Owner sliall be entitled to enforce any
remedy available to the Owner,
AIA Document A312TM'—2010.The American Institute of Architects. 2
7 If the Surety elects to act under Section 5.1. 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor tinder the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated.without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract-,
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5:and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 if the Surety elects to,let under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond,
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of die Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs,executors,administrators, successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time, to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
oil which their signature appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as i statutoi),bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§14.2 Construction Contract.Theagrecirient between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§143 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perfonn or othenvise to
comply with a material term of the Construction Contract.
§14A Owner Default,Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Conti-act.
14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the tentsContractor in this Bond
shall be deemed to be Subcontractor and the term Owner sliall be deemed to be Contractor.
AIA Document A31210—2010.The American Institute of Architects. 3
§16 Modifications to this bond are as follows:
(Space is proviclecl below for additr'orral sigaiatirres of acltlecl parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (('orporate,Seal) Company: (C'orporatc> Seal)
Signature: Signature:
Name and Title: , Name and Title: ,Attorney-in-Fact
Address: Address:
AIA Document A3121-—2010,The American Institute of Architects.
4
AIA Document A312 TM — 2010
Payment Band Bond No.9285845
CONTRACTOR: SURETY:
(Name, legal status and address) (Alaine, legal status and principal place
MIRON CONSTRUCTION CO., INC. of business)
P.O.Box 509
Neenah,WI 54957.0509 FIDELITY AND DEPOSIT COMPANY OF This document has important legal
MARYLAND
1299 Zurich Way 5th Floor consequences.Consultation with
Schaumburg, IL 60196-1056 an attorney is encouraged with
OWNER: respect to its completion or
(,Name, legal status and address) modification.
CITY OF OSHKOSH 215 Church Avenue Any singular reference to
Oshkosh, WI 54903-1130 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
AIA Document A312-201 0
Datc:7/13/18 combines two separate bonds,a
Amount: Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Performance Bond and a
Dollars Payment Bond,into one form.
272,354.00) This is not a single combined
Dcscriptioi Performance and Payment Bond.
(Name,and location)
Oshkosh Safety Buidling Locker Room/Restroom Renovations,Oshkosh,Wisconsin. (Miron
Project#181525)
BOND
Date: 7/20/18
(Not earlier than Construction Contract 1)ate)
Two Hundred Seventy Two Thousand Three Hundred Fifty Four and 00/100 Dollars
Aniount:($272,354.00)
Modifications to this Bond: 0 None 0 See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: ('Corporate Seal) Company: (('orporate Seat)
MIRON CONSTRUC ON CO.,INC FIDELITY AND DEPOS PA Y OF MARYLAND
ey tomeyl
Signature: Signature:
Name I a id G . Voss Jr . Name Ke y Cody, tor -in(act
andTitic: President and Title:
(4ity additional signatures appear on the last page of this PoYmew Bond.)
(MR INI,'ORAIA TION ONLY-- Nome, address and telephone)
AGENT ot-BROKER: OWNER'S REPRESENTATIVE:
Aon Risk Services Central, Inc. (Architect, Engineer or other party:)
111 North Washington Street, Suite 300
Green Bay,WI 54301
(920)437-7123
AIA Document A312TM'—2010.The American Institute of Architects.
§I The Contractor and Surely,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference, subjJect to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims.demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default tinder the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,,demands, liens or suits to the Contractor and the Surety,
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,iudeimiify and hold harmless the Owner against a duly tendered claim,demand. lien or suit.
§5 The Surety's obligations to a Claimant tinder this Bond shall arise after the following:
§5.1 Claimants,Nvho do not have a direct contract with the Contractor,
.1 have furriished a written notice of non-payment to the Contractor,stating with substantial accuracy the
arnount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or perfonfied,within ninety (90)days after having last
performed labor or last furnished materials of-equipment included in the Claim;and
.2 have sent a Claim to the Surety (,it the address described in Section 13).
§5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1A is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim.
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3'rhe Surety's failure to discharge its obligations tinder Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and ovving to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus(lie amount of reasonable attorney's
fees provided tinder Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims. if any,tinder any construction performance bond.By the
Contractor furnishing and the Owner accepting this Bot id, they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond.subject to (lie Owner's priority to use the funds for the completion of the work.
AIA Document A3121M—2010,The American Institute of Architects.
6
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otlienvise have any obligations to Claimants tinder this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5,1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone tinder the Construction Contract,whichever of(1)or(2)first occurs. If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety.the Owner or the Contractor shall be mailed or delivered to the address sho"vit
oil tile page oil which their signature appeals. Actual receipt of notice or Claims,however acco lopl is lied.shall be
sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted lierefrom and provisions conforming to such statutory or other legal requirement sliall be
deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly 1711mish a copy of this Bond or sliall permit a copy to be made.
§16 Definitions
§161 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant-,
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract',
.4 a brief description of the labor, materials or equipment Furnished;
.5 the date oil which the Claimant last performed labor or last furnished materials or equipment for rise in
the perfortnance of the Construction Contract,,
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim-,
.7 the total amount of previous payments received by the Claimant,and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.Ali individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.'File term
Claimant also includes any individual or entity that has rightfully asserted a claim tinder an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond sliall be to
include without limitation in the terms"labor, materials or equipment"that part of water,gas,power,light,licat,oil,
gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor. materials or equipment were
furnished.
§16.3 Construction Contract. rhc agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents,
AIA Document A312'11—2010.The American Institute of Architects. 7
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor,
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
(Space is provided below fbr additional signatures qf added parties, ollier thou those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Sea!)
Signature: Signature:
Name and Title: Name and Title: ,Attorney-in-Fact
Address: Address:
AIA Document A$121m—2010.The American Instilute of Architects.
8
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THEISE' PRESENTS:That the ZURICH AMERICAN INSURANCE'COMPANY,a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
MICHAEL BOND,Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which
are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint Kelly CODY, Roxanne,JENSEN,Trudy A.SZALEWSKI,Christopher H. KONDRICK, Brian KRAUSE and
Christopher K. HOVDEN, all of Green Bay,Wisconsin, EACH its true and lawful agent and Attorney-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 and undertakings,and the execution of such bonds
or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if
they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at
its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
at its office in Owings Mills, Maryland.,in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this I I th day of December,A.D.2017.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT'COMPANY OF MARYLAND
0 DEP*j
SEAL
0
Assistant Secrelary Jice President
Dawn E. Brown Michael Bond
State of Maryland
County of Baltimore
On this I I th day of December, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,
MICHAEL BOND,Vice President,and DAWN E. BROWN,Assistant Secretary, of the Companies, to me personally known to be the individuals and
officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,
that he/she is the said officer of the Company aforesaid,and that tile seals affixed to the preceding instrument are the Corporate Seals of said Companies,and
that the said Corporate Seals and the signature us such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations,
IN'TESTIMONY WFIEREOF,I have hereunto set my[land and affixed my Official Seal the day and year first above written.
o."
JOW/
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 184-3544
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under tile attested corporate seat, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without Cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURE'ry COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on tile date of this certificate; and I do further certify that Article V, Section 8,of
the By-Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting Signature of a Secretary or all Assistant Secretary
and the Seal or the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile Under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURFITY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution or the Board of Directors of the Fii)F,.LrrY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and field on the I Oth day of May, 1990.
RESOLVED: "That tile facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
INj'E,STIMONY WHEREOI,.I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
t Il i s'910WI d ay of__ 20__kp.
SEAL
David McVicker, Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056