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HomeMy WebLinkAboutReigel Electric Corp D,, THE AMERICAN INSTITUTE OF ARCHITECTS nnum 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 Fifth (5th) day of June in the year of Nineteen Hundred and Eighty six. BETWEEN the Owner: THE CITY OF OSHKOSH 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: REIGEL ELECTRIC CORP. 3050 West Elberg Avenue Appleton, Wisconsin 54911 The Project: STREET LIGHTING WORK 400 BLOCK, NORTH MAIN STREET Oshkosh, Wisconsin The Architect: YARBRO—KEMPINGER ARCHITECTS , INC. 1018 West South Park Avenue Post Office Box 2096 Oshkosh, Wisconsin 54903 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. 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. 8618 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) DIVISIONS 1 and 16 STREET LIGHTING WORK 400 BLOCK, NORTH MAIN STREET OSHKOSH , WISCONSIN ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten (10) days after final execution of this Contract and,and, subject to authorized adjustments,)ialiKtICACCompletion shall be achieved not later than August 29 , 1986 (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. 8618 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 THIRTY SIX THOUSAND FOUR HUNDRED SEVENTY FIVE AND NO/100THS DOLLARS ($36 , 475 . 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 29 May 1986 $36 , 475 . 00 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: • Not later than three (3) days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90%) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner;N$1?C 4 XXI CSI MXIXSANIX XdC X 01"(?$AXIXX4(11003XX)?I $$ I°f$i lXXtR c f t XXXX XXXXXXxxxx xxx x )CxZN x5xkXxxtx xXx AgNX lx xExkxxik t Tx `xftoAkxxbom xkkmxxxx x xcxm XR*xx xxxxxxxxxxxxxxxxxxxxxxx (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. 8618 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 8618 , Dated May 14 , 1986 Pages Thru TITLE PAGE 1 Page TABLE OF CONTENTS TC/ 1 DIVISION 1 — CONDITIONS OF THE CONTRACT General Conditions 19 Supplementary Conditions SC/11 General Requirements GR/ 7 DIVISION 16 — ELECTRICAL Section Title 16001 Street Lighting Work 16001/ 6 ADDENDUM NO. 1, dated May 22 ,1986 DRAWINGS Sheets '1, 2 and 3 dated 14 May 1986 CONTRACTOR' S PROPOSAL dated 29 May 1986 Pages C/1 and C/2 , attached hereto AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® .^.1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4 FILE NO. 8618 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 REIGEL ELECTRIC CORP . G . BY s' F 04./(2 Title Y_�►e.4 • (Seal of Contractor - if a Corporation) OWNER CITY OF OS OSH, WISCONSIN BY --�- ` ' William D. Frueh, City Manager ry //((. 1/ t ' By v1 ," ? �`�&) ' f , Donna C. Serwas , City Clerk , 4 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 App oved as to form and execution (644! _ t .' City Attorn- FILE NO. 8618 5 WISCONSIN SOCIETY OF ARCHITECTS �trip) THE AMERICAN INSTITUTE OF ARCHITECTS \A ;teiM. i� 4tl�l n� WIS. AIA DOCUMENT q JULY 1980 ED. WIS. A312 H a PUBLIC IMPROVEMENT ti PERFORMANCE/LABOR AND MATERIAL m PAYMENT BOND THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT A' TO SECTION 779.14 WISCONSIN STATUTES. Bond #0150-33-092879C - 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) Reigel Electric Corporation, 3050 W. Elberg Avenue, Appleton, WI 54911 as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety) Employers Insurance of Wausau A Mutual Company, P.O. Box 400, Wausau, WI 54401. duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto (Name and address or legal title of Owner) The City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin, 54901 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Thirty-six Thousand Four Hundred Sevety Five and no/100ths Dollars Dollars ($ 37,475.00), (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 19 , entered into a contract with Owner for in accordance with drawings and specifications prepared by (Here insert full name, title and address) Yarbro-Kempinger Architects, Inc. , 1018 W. South Park Ave. , Oshkosh, WI, 54903. which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, 0, The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. PUBLIC IMPROVEMENT PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES ty WIS. AIA DOC. WIS. A312JULY, I980ED. PAGE 1 Copr. 1969 Wisconsin Society of Architects/AIA . 615 E.Washington Ave. Madison.Wis. 53703 NOW, THEREFORE, THE CONDITION'OF THIS OBLIGATION, as required by Section 779.14; Wisconsin Statutes, is such that, if the'Principal shall faithfully perform the said contract and pay every person entitled thereto for all the claims for labor performed and materials furnished under the Contract, to be used or consumed in making the public improvement or performing the public work as provided in the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1) No assignment, modification or change of the Principal and the Surety upon this bond for the Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by any extension of time for the completion of the Con- reason of the failure of the Principal to comply with tract shall release the sureties on the bond. the Contract or with the Contract between the Prin- cipal and his subcontractors. If the amount realized 2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of work under the Contract, any party in interest may the parties in full, it shall be distributed among the maintain an action in his own name against the parties pro rata. Signed and sealed this 10th day of June , 19 86 IN THE PRESENCE OF: Reigel Electric Corporation Principal G 1 /W e�/. Br 4(46.2Y t�/X (Seal) 1 .. /)...64.7 Witness / Tithe: CI /t2.4 EMPLOYERS INSURANCE OF WAUS .L taxi Company Name of Surety ,2"444L' IcI/iC C By'g (Seal) Witnea Ti : Attorney—in—Fact { Dale G, Carlson APPROVED BY* IN THE PRESENCE OF: CITY F ( H IC-OS Pi Owner old) 4it& 2-' By: s (seal) Witness CiTY La_ Title: CiT•I kik tJF -E(Z *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 1980 ED. PAGE 2 Notarial Acknowledgement—Attorney in Fact On this 10th day of June , 1986 ,before me, STATE OF "tisconsin Linda Franz ,a Notary Public in and for said S.S. Outagamie County of Outagamie County,State aforesaid,residing therein,duly commissioned and sworn,personally appeared Dale G. Carlson known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company and acknowledged to me that he subscribed the name of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company thereto as surety,and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said county of Outagamie the day and year in this certificate first above written. �n Notary Public in and for the county of Outagamie Wisconsin State of 6-21-87 815-4216 9-79 My commission expires No. 201-033- - 00105 • EMPLOYERS INSURANCE OF WAUSAU A Mutual Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin, and having its principal office in the City of Wausau, County of Marathon,State of Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint Dale G. Carlson its true and lawful attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute, seal, acknowledge and deliver ANY OR ALL BONDS, UNDERTAKINGS, RECOGNIZANCES OR OTHER WRITTEN OBLIGATIONS IN THE NATURE THEREOF INCLUDING CONSENTS OF SURETY AND WAIVERS TO THE CONDITIONS OF CONTRACTS. NOT TO EXCEED THE PENAL SUM OF TEN MILLION DOLLARS ($10,000,000 p o ind the corporation thereby as fully and to the same extent as if such bonds were signed by the President,sealed with W the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said attorney-in-fact may do in the premises. • This power of attorney is granted pursuant to the following resolution adopted by the Board of Directors of said Company at a cc meeting duly called and held on the 18th day of May, 1973,which resolution is still in effect: "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, 0 and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach Z thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company." "FURTHER RESOLVED,that the signatures of such officers and the seal of EMPLOYERS INSURANCE OF WAUSAU W A Mutual Company may be 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 facsimile signatures and facsimile seal shall be valid and binding upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." w IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be W signed by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1St day Q of June , 19 82 Z .�° � EMPLOYERS INSURANCE OF WAUSAU A Mutual Company V J +•o."ftATf i Z = SEAL LL_ By QR.D.Farnsworth Vice President Attest: �J�a CC AACCJJ O D.J.Borrell Assistant Secretary QSTATE OF WISCONSI u_ )ss. O COUNTY OF MARATHON ) WOn this 1St day of June , 19 82 ,before me personally came • R.D.Farnsworth ,to me known,who being by me duly sworn,did depose o and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,the corporation • described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said • instrument is such corporate seal and that it was so affixed by order of the Board of Directors of said corporation and that he 7..1• signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year herein first above • written. to Donna Lutzow Notary Public NOTARY PUBLIC STATE OF WISCONSIN = MY COMMISSION IS PERMANENT STATE OF WISCONSIN ) CERTIFICATE CITY OF WAUSAU )ss. COUNTY OF MARATHON ) I, the undersigned, assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company, a Wisconsin corporation, do hereby certify that the foregoing and attached power of attorney, WHICH MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County State of Wisconsin,this 10th day of June 19 86 00.PoR„I SEAL s€I' D.J.Borrell Assistant Secretary NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(800)826-1661.(IN WISCONSIN,CALL(800)472-0041). 8618 (SUBMIT IN DUPLICATE) C/1 BID FORM STREET LIGHTING WORK 400 BLOCK, NORTH MAIN STREET OSHKOSH, WISCONSIN BIDS CLOSE: 11:00 A.M. , 29 May 1986 AT: ,Office of City Clerk City Hall Oshkosh, Wisconsin TO: City Manager City of Oshkosh, Wisconsin (An Individual) (A Corporation) e E, vc, (A Partnership) of �(C ) F-402 Street 1�.� 4 q I S LitL - 7 3 3- 3bec ty, State and Zip Telephone Number hereby agree to execute proposed contract and to furnish a satisfactory Surety Bond in the amount specified and to provide all labor and materials required to complete the construction of project designated above, for prices set forth below, in strict accordance with Contract Documents prepared by Yarbro-Kempinger Architects, Inc. , 1018 West South Park Avenue, P.O. Box 2096, Oshkosh, Wisconsin 54903, File No. 8618 , and dated May 14 , 1986. BASE BID NO. 1: All work required to complete the Street Lighting Work in accordance with the drawings and specifi- cations, For the sum of /A � -' .' /e.AR> Dollars ($ 36� 7,S, ) 8618 C/2 ADDENDUM RECEIPT We acknowledge Receipt of the following Addendum NUMBER DATE NUMBER DATE NUMBER DATE 1-- 5/ZY6f0 _— 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 August 29, 1986 . Accompanying this Proposal is certified check, bid bond, etc. in the amount of % ($ ) as called for in the Instructions to Bidders. Cr)(' (Nam of Corporation, Partnership or Pdrson submitting Bid) S ic�ure ' y (Seal - if Bid is by Title, if any Corporation) READ NOTES BELOW BEFORE SIGNING NOTE 1: This bid will be rejected if the Bid Form has been altered or changed in such a way that it incorporates un- solicited material, either directly or by reference, which would alter any essential provision of the contract documents or require consideration of unsolicited material in deter- mining the award of the contract. NOTE 2 : If this bid is not accompanied by a bid guarantee, it will be considered NO BID and will not be read at the bid opening.