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HomeMy WebLinkAboutPW CNT 84-05/CHG OR G-1/Miron Const Bond No. • • Edeilty and Deposit Co mpany OF MARYLAND BALTIMORE,MD.21203 Public Impriovement Performanee/Labor and Material Payment Bond THIS BO! IS TO BE USED ON punuc IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO. KNOW ALL ME BY THESE PRESENTS: P.G. Miron Construction Company, Inc. (Here insert z1.1111..klid address or kg .ritie..oLthe Contractor) P.O. Box 962,, Aooleton, Wisconsin o4912 .. . . as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MAkYLAND. a corporation of the State i Maryland. with its Home Office in the City of Baltimore, Maryland, and duly authorized and licen9ed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly hound unto.. City of Oshkosh .(Name and address or legal title of Owner) Oshkosh, Wisconsin as Obligee, hereinafter called Owner, for the use and benefit.of claimants as hereinafter provided in the amount of. Three Million, One Hundred Thirty-Nine ThoUsand, Four Hundred Twenty-Nine and Qa/100 Dollars ($.1tl. 9.,.4............. (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 uecernber 27 19 84 , entered into a Oshkosh Centre, Oshkosh, Wisconsin contract with Owner for in accordance with drawings and specifications prepared by Joint Ventures Architect, Reinke, Ham.c.he, Last„ Inc.../Py-Vavra Architects Engineers, Inc. , 805 N. Main St. , Oshkosh, WI (Here insert full name,title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, • to contain in substance the following provision: The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for workmen's compensation insurance and contributions for unemployment compensation. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THfS OBLIGATION. as required by Section 779.11, Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every person entitled thereto for all 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 Con- tract, 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 assiginuent, modification or change of the Contract, or change in the work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. (2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the arnoun:. realized on this bond is insufficient to satisfy all claims of the parties in full, it shall he distributed among the parties pro rata. Signed and sealed this.. 27th Aay of. December , 19 84. ln the presence of P.G. M'r n CoristructionA Inc. By a 7)tift) 7 . . itness . ax_e_47 FIDELITY AND DEPOSIT C01111" NY OF rARYLAND Surety 9- ece„,, Witness k A= mi chael J. McCione - Attorney-in- act A proved by In the presence of: Owner . lly Witness *This bond shall be approved in the case of the state by the state official authorized to enter such contract, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair- man,of a school district by the director or president and of any other public board or body by the presiding officer thereof. C3018(W1)-500,5-83 I 7605 Public Improvement Performance/Labor-Material Bond Wis,ALA Doc.Wis.A312 Jan.1969 Ed. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice-President,and C. W. ROBBINS , Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings, recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint John H. Kane, Fern Scheer, Michael J.McClone, Gene Jack and Pat Anderson, all of Menasha, Wisconsin, EACH 1 s rue an. aw u 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 •n. t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of John H. Kane, etal, dated, January 25, 1983. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this day of October , A.D. 19.8,3 �t.,,,..t, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 34.1.�a„m,�s�cif ATTEST: °1'flcP):"*"re—°# 14 SEAL >i A- ..- ,„ e's: .o a By o'"'" Assistant Secretary Vice-President STATE OF MARYLAND ? SS: CITY OF BALTIMORE J On this 24th day of October ,A.D.19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year firs above written. urfNOTAItY`1 __(. .t.___ • Notary Public Co i n Expires July 1 1986 .!usu fir *O;4'''' CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of 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 16th day of July, 1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any 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 seal of the said Company,this day of December ,19 84 11011' - 4011010 L1428.—car.—184-4489 A nt Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK Bond No. Fidelity and Deposit Company M HOME OFFICE OF MARYLAND BALTIMORE.MD.21203 Public Improvement Performance/Labor and Material Payment Bond THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT TO SECTION 779.14 WISCONSIN STATUTES AND ACTS AMENDATORY THERETO. KNOW ALL MEN BY THESE PRESENTS: That P.G. Miron Construction Company, Inc. ( re nsert nai r and addresxor leg.l -.- the Contractor)----- P.O. Box 9621 Appleton, IJisconsin S4' YZ as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, with its Home Office in the City of Baltimore, Maryland, and duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety, are held and firmly bound unto City of Oshkosh (Name and address or legal title of Owner) Oshkosh, Wisconsin as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the amount of Three Million, One Hundred Thirty-Nine Thousand, Four Hundred Twenty-Nine and 001_ ,0Q Dollars ($_-3,1 39.,.429.09, (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 present 27 19.84__ WHEREAS, Principal has by written agreement dated , entered into a contract with Owner for Oshkosh Centre, Oshkosh, Wisconsin in accordance with drawings and specifications prepared by Joint Ventures Architect, Reinke, Hans-c-he,__Last,_.Inc..1-Py.-lld.Yra_.Architects Engineers, Inc. , 805 N. Main St. , Qshkosh, WI (Here insert full name,title and address) which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes, to contain in substance the following provision: The Contractor shall pay all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for workmen's compensation insurance and contributions for unemployment compensation. The said written agreement, drawings, specifications and amendments are hereinafter referred to as the Contract. NOW, THEREFORE, T-1E 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 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 Con- tract, 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 Contract, or change in the work covered thereby, or any extension of time for the completion of the Contract shall release the sureties on the bond. (2) Not later than one year after the completion of work under the Contract, any party in interest may maintain an action in his own name against the Principal and the Surety upon this bond for the recovery of any damages he may have sustained by reason of the failure of the Principal to comply with the Contract or with the Contract between the Principal and his subcontractors. If the amount realized on this bond is insufficient to satisfy all claims of the parties in full, it shall be distributed among the parties pro rata. Signed and sealed this 27th clay of December , 19 84 In the presence of: P.G. M. n Co�structio► Vii . Inc. % Fr ci pal +..-c.---�.c oc� '. ^ By. !. ( _/ e ~ 4 ----.(SEAL) 4/itness Title. FIDE Y AND DEPOSIT C ANY OF 7ARYLAND -,te _e ,4_ � l// Surety P ` ��' (S:ani.) Witness Title: Michael J. McClone - Attorney i n-Fact ,i ?rm..,,:d L'y' in the presence of: t Owner 1 •y. .. . . _ . (SEAL) Witness Title: *This bond shall be approved in the case of the state by the state official authorized to enter such contract, of a county by its district attorney, of a city by its mayor, of a village by its president,of a town by its chair- man,of a school district by the director or president and of any other public hoard or body by the presiding officer thereof. C3018(WI)-500,5-83 07605 Public Improvement Performance/Labor-Material Bond Wis.AIA Doc.Wis.A312 Jan.1969 Ed. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland, by C. M. PECOT, JR. , Vice-President,and C. W. ROBBINS , Assistant Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,which reads as follows: "The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." does hereby nominate constitute and appoint John H. Kane, Fern Scheer, Michael J.McClone, Gene Jack and Pat Anderson, all of Menasha, Wisconsin, EACH t s rue an, aw u 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 n, t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,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 Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of John H. Kane, etal, dated, January 25, 1983. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of October , A.D. 19.83 t..a..4, ,��oorrosr FIDELITY AND DEPOSIT COMPANY OF MARYLAND i�,1-" c ATTEST: t �SEAL n e e t C r..r . B wy+ e , By l I�y,r Assist¢nt Secretary Vice-President STATE OF MARYLAND ` SS: CITY OF BALTIMORE J On this 24th day of October ,A.D. 19 83 ,before the subscriber,a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed by Official Seal,at the City of Baltimore,the day and year firs above written.___ ._..._ ur�pOTA RY it { _t.... :l. + Notary Public Co i n Expires Ju1Y 12 1986 fir•.►usu��i ''"°=`M°" CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of 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 16th day of July,1969. RESOLVED:"That the facsimile or mechanically reproduced signature of any 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." 27th IN TESTIMOONC WHEREOF,I have hereunto�y}'OFF bscribed my name and affixed the corporate seal of the said Company,this day of �J ,19 LI428.—Ctf.—184-4489 A ant Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WATERMARK 1 1 1 1 1 1 1 V I'..{ SET TAB STOPS AT ARROWS Or CERTIFICATE OF INSURANCE ISSi,E DATE (MM/DD/YY) 12/27/84 PRODUCER II Rev i s ed I I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. The McClone Agency, Inc. COMPANIES AFFORDING COVERAGE 59 Racine Street Menasha, Wisconsin 54952 COMPANY A LETTER Employers Mutual Casualty Company COMPANY B INSURED LETTER Northern Insurance Company of New York COMPANY C LETTER P.G. Miron Construction Co. , Inc. P.O. Box 962 COMPANY D LETTER Appleton, Wisconsin 54912 I LETTER E COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS LTR DATE(MM/DD.Mf) DATE(MM/DD/YY) ^i`' EACH AGGREGATE OCCURRENCE GENERAL LIABILITY BODILY COMPREHENSIVE FORM 4D00895 3/1/84 3/1/85 INJURY $ 500 $ 500 im PREMISES/OPERATIONS PROPERTY noUNDERGROUND DAMAGE $ 250 $ 250 EXPLOSION &COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS CONTRACTUAL 4 COMBINED $ $ INDEPENDENT CONTRACTORS BI&PD IP BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY BODILY ANY AUTO 3/1/84 3 1 85 INJURY $ 250 A 4E00895 / / ip ALL OWNED AUTOS(PRIV. PASS.) BODILY lip OTHER THAN INJURY $ 500 ALL OWNED AUTOS�pRIV. PASS. IP HIRED AUTOS PROPERTY IIII NON-OWNED AUTOS DAMAGE $ 100 GARAGE LIABILITY 1 BI&PD COMBINED $ EXCESS LIABILITY UMBRELLA FORM BI&PD A 4J00895 3/1/84 3/1/85 COMBINED $ 15,000 $ 15,000 OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION A AND TC621492913 1/1/85 1/1/86 $100 500 (EACH ACCIDENT) LIMIT) EMPLOYERS' LIABILITY $100 (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Additional Insured With Respects to Liability: City of Oshkosh and Reinke, Hansche, Last, Inc./Py-Vavra Architects-Engineers, Inc. • I . • 1 - 1 - 1 1 .1 l A ' . '- ►• • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City of Oshkosh PIRATII I DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR Tr Oshkosh, WI 54901 MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T' LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABI' OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AU HOR•ED REPRESENTATIVE .- /i'' 410 (? 1 ACORD 25 (2/84) s IIR/ACORD CORP, THE AMERICAN INSTITUTE OF ARCHITECTS 'I�uuW /i11 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 Twenty-Seventh day of December in the year of Nineteen Hundred and Eighty-Four BETWEEN the Owner: The City of Oshkosh 215 Church Avenue Oshkosh, Wisconsin 54901 and the Contractor: P.G. Miron Construction Company, Inc. 806 Valley Road Menasha, Wisconsin 54952 The Project: Oshkosh Centre Oshkosh, Wisconsin The Architect: Joint Venture Architects Reinke, Hansche, Last, Inc./Py-Vavra Architects-Engineers, Ir 805 North Main Street Oshkosh, Wisconsin 54901 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New with Avenue, miss on Washington, D. C. AIA 20006. Reproduction opyr ghttllawss of the United States and willabeasubject quotation to legalltprosecution. 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 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 the Oshkosh Centre, (Here insert the caption descriptive of the Work as used on other Contract Documents.) Oshkosh, Wisconsin; Architect's Project Number 1383. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced within ten (10) days and, subject to authorized adjustments, Substantial Completion shall be achieved not later than four hundred (Here insert any special provisions for liquidated damages relating to failure to complete on time.) fourteen (414) calendar days from the date of this contract. Liquidated damages shall be assessed at the sum of $250.00 per calendar day thereafter, in accordance with the Specifications, this Contract and Article 8 of the General Conditions. 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 • ARTICLE The Owner shall pay the deductions by Chan Contractor CONTRACT SUM Six Huns by Change Order as in current funds for Hundred the Contractor current in the Contract Doc te performance °f Thousand and uments, the the Work, sub' The Contract S No/100 Contract Sum of Tnect to additions and (State here the um is determined Dollars base bid or other/um as follows: ($3 75 ee Million P sum: ° ' wS: 000.00)acce ptedalternand unit pas aPPlicab/ ) ase Bid for )rchite s Project No. 1383, ,�E5 Based upon q by the Archit ct the Owner shall mitted to the Contract D make progress the Architect b Not later than Documents for the payments on by the Contractor ninety five period ending the account of the and Certificates for Payment equipment following Contract the issued pment jncor g the end e Contractor as Sum properly incorporated in theOW%) of the portion of of the period day of the month as follows: Y allocable to Work and the Contract Sum covered by the in writing for the materials and ninety m properl Application Owner; and u period covered by equipment suitably percent y allocable to labor, for Payment upon Substantial Completion the Application for to y stored at the site o�0 %) of the materials and one hundred pletjo Payment, at so portion of the Contract incomplete Own al Co n of the entire Work ' less the a me other location a Work and rcent o gg e ate of %) of the , a su r g greed u unsettled clai Contract Su m sufficient previous payments upon (It not covered ms as the less such to increase the total made by the stage of complet/on,Where in the Contract Documents, provided in the Co amounts as the payments to here insert any ntract D Architect shall Documents. determine Y provision for limiting for all g or reducing the amount retained alter the Work reaches a certain Payments due and unpaid under the Contract Documents shall bear fe date paym entered below, or in the absence thereof, at the legal rate prevailing at interest the place rom of th ent is due at the rate 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 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.) Specifications published October, 1983 and Drawings as listed on the Index Sheet of the Drawings, published October, 1983, including Addendum No. 1 and 2. Federal Labor Rates attached herein, dated January 27, 1984, and listed as Exhibit "A• APPROVED cyj CITY A`'? Y OSHKOSH.wise. •I' d �] -- ✓ ..tai i i ^-' This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR THE CITY OF)OSHKOSH r P.G.t AWArOZO,V. A RON ..lok. T ILj3/4, - \ 41 r' F'1.7�t�, . '1 Ga d/ �,G-�! (b AIA DOCUMENT A101 • OWNER-CONTRACTOR AGEEMENT • ELEVENTH EDITION ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON,D.C. 20006 A101-1977 4 • 46924 Federal Register / Vol.48, No. 200 / Friday, October 14, 1983 / Notices • U U v �- YNQCOC ' •+uec" EXHIBIT "A" �u^ ..1111..i .°.t •Y60 V• u°V Cu o 0 6 u40.04144•-f ••�..n Y D_.+ 6... CO 7.'7, l.0 .• • <p9Yp. w »7 s 4 S i .60 4 4. S i 1 ..4Y C4 •> • C�C A E7 `� 2a wh 0 Cy • • .0 0 y0 0 O •9■ YY y 1tl '.• ■ > . y. . 0. •m. _ • FY O V_a C gVv V.y0 0 y SI m>..0.00....•M • O YOc 0 a y17.0 . . 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C �r r.� 2 2Y.O.• 0 am 046• 1..1 00 41404100 O 40 `.f• Fa .> �^�' X10 = 77 V.�.O-V+ Z V F Y N • V m • U Y•Y F fA N N v •Y .( C7 a.f S V C V V O V.6.• OY] tW IM 61. • 4]•�K•9 �• _ a •� • �. YS O P1^ • fT <FN 4 =• Kp V U 40.1a441)•L.. 5 St^ OC Y KyC 'f F w Y V.p 4•0•• 00.114T.P.�C V y F A Y Y O I-.0 41 w a 4 V L>.41 Y V•7.+a= j7. •,, • C 0 • ..D E V C < V O.Vi C o 0z V 4s.7V C4 �j4410..0.414.+000.0Ex41 F••F4D 0.0 0EYEWyfy Y, 0,a-c• ,0 i V J c E •- V N ONO• NI =taw-I.= 00 b :18:Y� wG V YF.7ZZ.V M 7L]21 iaf.7 Q7 n •• Q L V I ia as =mlca G7 ^f1.c...n .. {i. U� 04122 a.0 C,W 6dp..C. =.m C!41 f,. r CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ AIA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ Page 1 of 3 PROJECT: Oshkosh Centre CHANGE ORDER NUMBER: G-1 (name, address) Oshkosh, Wisconsin INITIATION DATE: December 27, 1984 TO (Contractor): ARCHITECT'S PROJECT NO: 1383 P.G. Miron Construction Co. , Inc. CONTRACT FOR: General Construction 806 Valley Road Work - Entire Project Menasha, Wisconsin 54952 CONTRACT DATE: December 20, '1984 You are directed to make the following changes in this Contract: DEDUCTIONS 1. Delete wear-resistant finish on sidewalk. $ 3,500.00 2. Omit southwest planter wall. 4,694.00 3. Omit all exterior benches. 3,304.00 4. Omit concrete paver blocks on exterior and replace with concrete walks. 3,084.00 5. Delete all tree grates and steel guards at planters in parking area. 1,360.00 6. Omit special coating on exposed concrete slabs in convention hall. 8,311.00 7. Change elevator cab design to manufacturer's standard design. 1,365.00 8. Fabric banners in concourse to be deleted. Change ceiling tile to 5/8" in lieu of 3/4", change Alcan ceiling to manufacturer's standard color, as selected. 8,576.00 9. Change wall finish in toilet rooms to paint or vinyl fabric in lieu of ceramic tile. 1,260.00 10. Omit ceramic wall tile in kitchen, paint wall with epoxy paint. 2,680.00 11. Omit two display cases on west wall of concourse, one on west wall of Room 118, and delete display case in lobby. 1,400.00 12. Change custom chair rail to standard oak trim as per Architect's detail. 1,020.00 13. Delete all folding partitions from contract. 174,849.00 14. Delete painting in all mechanical rooms and unoccupied spaces. 5,670.00 15. Change toilet partitions to steel, baked enamel in lieu of fiber resin plastic. 3,200.00 16. Reduce sound insulation in walls to 2" instead of 3". 2,864.00 17. Omit drywall, metal studs and insulation on areas where exterior insulated metal wall panels occur. - 1,756.00 18. Change all ceramic floors and quarry tile floors to the'thin set method. Substitute manufacturer of quarry tile floors and use stan- dard cement grout in kitchen. 6,235.00 ALA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIAA • © 1978 G701—1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.1V..WASHINGTON, D.C. 20006 CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ AlA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ Page 2 of 3 PROJECT: Oshkosh Centre CHANGE ORDER NUMBER: G-1 (name,address) Oshkosh, Wisconsin INITIATION DATE: December 27, 1984 TO (Contractor): 1— ARCHITECT'S PROJECT NO: 1383 1 P.G. Miron Construction Co. , In7.1 CONTRACT FOR: General Construction 806 Valley Road Work - Entire Project Menasha, Wisconsin 54952 CONTRACT DATE: December 2 , 1984 You are directed to make the following changes in this Contract: 19. Change roof system to Carlisle "Design B" in lieu of "Design C" and use patio block as ballast on skywalk roof instead of stone. Insulation value to remain as specified. 8,000.00 20. Delete flag poles. 2,415.00 21. Delete hardware allowance from contract. City of Oshkosh to purchase all hardware and supply to Contractor. 79,000.00 22. Delete brick allowance from contract. Owner will purchase directly from supplier and provide to Contractor on site. 32,850.00 23. Change aluminum window system on skywalk to 1-3/4" x 4-3/4" thermo- break system in lieu of 1600 Series detailed, and eliminate 9" high cross bar in all aluminum entrance doors. 6,900.00 24. Heating Changes: A. Two chillers will remain as originally designed. B. Chilled water stand-by pumps are to be omitted. C. Two boilers will remain. D. Ceiling diffusers will be changed to Carnes, or approved equal in all areas, except the entry lobby. E. Hot water stand-by pump will be deleted. F. Delete all automatic stand-by pump operation. G. Delete the temperature indicators on outside air, make-up air and return air ducts. H. Combine control panels for air handling units into one panel. I. Substitute 1/2" liner for transfer ductwork in lieu of 1", and change spiral ductwork to single wall in lieu of double wall material. • 43,550.00 25. Electrical Changes: A. Delete all "OF" fixtures and change "L" fixtures to incandes- cent fixtures. 10,650.00 B. Delete six of the ten convention center distribution centers originally specified. 5,520.00 C. Change rigid steel conduit to thin wall conduit and .use PVC conduit in concrete slab and underground. Change wrench type fittings to set screw type. 5,300.00 AlA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • MA. • 0 1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON. O.C.20006 G701—1978 CHANGE Distribution to: ORDER OWNER ❑ AIA DOCUMENT G701 ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ Page 3 of 3 PROJECT: Oshkosh Centre CHANGE ORDER NUMBER: G-1 (name, address) Oshkosh, Wisconsin TO (Contractor): INITIATION DATE: December 27, 1984 ARCHITECT'S PROJECT NO: 1383 P.G. Miron Construction Co. , Inc. CONTRACT FOR: General Construction 806 Valley Road Work - Entire Project Menasha, Wisconsin 54952 CONTRACT DATE: December 20, 1984 You are directed to make the following changes in this Contract: D. Delete all "OC" fixtures. - E. Direct credit from the light fixture supplier and approved 1,500.00 changes in the sound system. 17,775„00 26. Delete all work for parking lot at north side of Ceape Avenue. 96,983.00 ADDITION 27. Allowance for electrical service work for Wisconsin Public Service as per specifications. Cost to be certified by Contractor and a change order issued to reflect the difference. 10,000.00 Total Contract Additions and Deductions -$535,571.00 (:e= attached letter of clarification on each of the above changes listed) • N „, `,af signed by both the Owner and Architect. S *.- ■ he Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. .ti. rl he ci al (Contract Sum) f ed- axcifi .Ees.t) was ch'. ge by previously authorized Change Orders $ 3,675,000.00 (Contract Sum){Geraraftteeel-44exir»tfr»{.o, $ t}prior to this Change Order was $ 3,675,000.00 e ontract Sum)-(6nafgrrtee4 a arm{.may) will be iiiierea9e4(decreased) (trnc rengedj by this Change Order $ 535,571.00 The new (Contract Sum) (6Qararrteechthaximvmfvst)including this Change Order will be $ 3,139,429.00. The Contract Time will be (inereesedi-{dee (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is February ( 0 ) Days. Joint Venture-Reinke, Hansche, 1986 Authorized: Last, Inc./Py-Vavra Architects P.C. Miron Construction Co. City of Oshkosh ARCHITECT CONTRACTOR OWNER 805 N. Main Street 806 Valley Road 215 Church Avenue Address Address 5490 Address Osh sh, I 549 Menas : . WI 4952 Aw Oshkosh,osh, 'I 54901. BY ✓ / BY L/ '/ �frr BY � "c- - g DATE V DATE 6 ! /'. DATE / MA DOCUMENT G701 • CHANGE ORDER • APRIL 1978 EDITION • AIA ' • O c > 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 �P-a _ _ /� 't..i - _r G ;c .J701 -1970 .. architects REINKE • HANSCHE • LAST • INC • IY-VAVRA ARCHITECTS ENGINEERS INC. 805 NORTH MAIN STREET • OSHKOSH. WISCONSIN 54901 • TELEPHONE 4t4 231.6950 December 27, 1984 P.G. Miron Construction Co. , Inc. 806 Valley Road Menasha, Wisconsin 54952 RE: OSHKOSH CENTRE PROJECT NO. 1383 Gentlemen: Following is a detailed explanation for each of the items listed in the Change Order. Item Detailed Description 1. Specifications and drawings indicated wear-resistant finish on certain exterior sidewalk areas. Finish material shall be de- leted and concrete shall be finished with an approved broom finish. Item deleted is in Section 0330, Part 2, 2.01, Paragraph L. 2. Drawings indicate a low planter wall on the southwest corner of the building. This wall runs from door D-25 to D-27. This wall shall be eliminated. 3. Exterior benches, Section 0245, Part. 2.01; site furnishings shall be deleted from contract. 4. Exterior paver blocks, as indicated on drawings on exterior walks and patios, shall be deleted and replaced with concrete walks as detailed. 5. Delete all tree grates and tree guards as specified in Section 0245, Part 2.04. 6. Delete special coatings, Section 0980, where indicated as "Note 1" under floor coverings on Room Finish Schedule, Sheet 12 of drawings. 7. Elevator cab designs shall be changed to manufacturer's stan- dard, Otis LRU 3011 in accordance with letter from Otis Eleva- tor Company, dated December 15, 1983. P.G. Miron Construction Co. , Inc. December 27, 1984 Page 2 8. Fabric banners in concourse to be deleted and change ceiling suspension system. All ceiling tile specified as 3/4" shall be changed to 5/8" thickness. Alcan ceiling system to be changed to manufacturer's standard color. Note: All items in this paragraph will be reviewed prior to final approval of shop drawings. 9. Toilet Rooms 117 and 118: Delete ceramic wall tile and change to paint or vinyl fabric. 10. Delete ceramic tile wainscoat in Rooms 162, 166, 167, 167, and finish wall with epoxy paint. 11. Delete display cases on west walls of Rooms 115 and 105 (3) and display case on south wall of Room 123. Walls where cases are omitted shall be finished as per adjacent surfaces. 12. Change custom chair rail to standard oak trim as per detail to be furnished by architect and approved by millwork subcon- tractor. 13. Specification Section 1062 shall be omitted from the General Contract. Owner will purchase directly. Owner will provide contractor with shop drawings for punching of anchor bolt loca- tions. 14. Delete painting of the following rooms: 137, 139, 141, 148, 149, Stair 150, 159, 164, 170, 171, 172, 173, 174, 205, 206 and 207. 15. Change toilet partitions in Rooms 117 and 118 to standard type partitions as specified in Section 1000, Part 2.01, B. 16. In all areas where sound insulation in walls is detailed as 3", it shall be changed to 2" material as specified for 3" insulation. 17. On Sheet No. 8, delete all drywall on inside face of all ex- terior walls in unfinished spaces. 18. Change all ceramic and quarry tile floors to thin-set method in lieu of mud-set method. Grout shall be standard cement grout in lieu of type specified in Section 0930. Samples of quarry tile shall be submitted for approval prior to ordering. This change omits floor depressions for mud-set system. How- ever, floors under freezers and coolers will be constructed as per detail. Topping of insulation shall be concrete ready for quarry tile installaion. P.G. Miron Construction Co. , Inc. December 27, 1984 Page 3 19. Roof system shall be changed to Carlsile Design 'B' with patio block ballast on skywalk roof and as per E.D. Chase Company letter of November 15, 1984. 20. Delete flag poles, Section 1000, Part 2.05. 21. Delete all hardware, Section 0870. Hardware will be furnished to General Contractor for installation. Contractor shall receive, store and tag as required. 22. Brick will be purchased by the Owner from Contractor's count. Brick will be delivered to job site. Contractor will be re- sponsible for unloading if this is a requirement of brick sup- plier. 23. Change aluminum window system on skywalk to 1600 Series and eliminate 9" high crossbar in aluminum entrance. This change will be reviewed prior to preparation of shop drawings with window subcontractor. 24. & 25. Separate letter will be prepared and forwarded for HVAC and electrical work. 26. Parking lot work, north of Ceape Avenue, is deleted from con- tract. 27. Self-explanatory. I trust these items agree with all of our discussions. If there are questions, please feel free to contact me. Very truly yours, RONALD D. HANSCHE RDH/dbo