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� �' Document A101 — 2007
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_._ _______ --- --- DEF�. Cr� FuBLI� W�r KS
_ Sfandard Form of Agreement Between Owner and Contrac�or w�ie e't�i�e�asis of�
-_ �-- payment is a Stipulated Sum
_.__ . __ ..._ AGREEM ENT made as of the SEVENTEENTH day of JLTLY in the year TWO
- --- - :- .---THOUSAND THIRTEEN ADDITIONS AND DELETIONS:
(In words, iridicate day,month and year The author of this document has
-- -. __ -=BETWEEN the.Owner: _ -- added information needed for its
(Na�ne, legal status, address and other information) completion.The author may also
have revised the text of the original
CITY OF OSHKOSH AIA standard form.An Additions and
215 CHIJRCH AVENUE ;` Deletions Report that notes added
OSHKOSH,WI 54903-1130 information as well as revisions to the
standard form text is available from
and the Conh'actor: the author and should be reviewed.A
(Name, legal stattrs, address and otlzer information� vertical line in the left margin of this
_ document indicates where the author
NIIRON CONSTRUCTION COMPANY,INC. has added necessary information
1471 McMAHON DRNE ' and where the author has added to or
NEENAI�WISCONSIN 54956 deleted from the original AIA text.
This document has important legal
for the following Project: consequences.Consultation with an
' � ! (Name,location and detailed description� attomey is encouraged with respect
� to its completion or modification.
CITY OF OSHI�OSH PUBLIC WORKS FACILTTY 639 WITZEL AVE OSHKOSH WI AIA Dacument A201'"'-2007,
54902 THE PROJECT WII.,L CONSIST OF CONSTRUCTION OF A 150,000 SQ.FT. General Conditions of the Contract
(1)STORY BUII.DING..THE BUII.,DING FRAI�IING SYSTEM WII,L BE STEEL for Construction,is adopted in this
COLUMNS,_TRUSS GIIZDER&TRUSS JOISTS OR STEEL BEAMS,AND document by reference.Do not use
INSULATED PRECAST CONCRETE PANEL EXTERIOR AND INTERIOR WALLS. with other general conditions unless
LOAD BEARING AND NON-BEARING WALLS V��TI.,L SUPPORT THE PRECAST this document is modified.
CONCRETE IvIEZZANINE DECK TI�SITE WORIC AND BITII,DING WII.L BE
- CONSTRUCTED IN TWO PHASES.TI�BUII.,DING ALTERNATES ARE LISTED
-- UIVDER SECTION 4.2 OF TI�CONTRACT.
The Architect:
(Name, legal status, address and other information)
KUENY ARCHITECTS,LLC
10505 CORPORATE DRNE SLTITE 100
PLEASANT PRAIIt�,WISCONSIN 53158
The Ownet and Contractor agree as follows.
i -
Init. AIA Document A101 T"—2007.Copyright�1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 1
reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on 08/05/2013 under Order No.8898942129_1 which expires
on OS/04/2014,and is not for resale.
User Notes: (1499024237)
_,._TAB.LE_OF ARTICLES
1 THE CONiRACT DOCUMENTS
___ ____..__..__2-____—_THE WORK OF THIS CONTRACT
.-3-� DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 .- CONTRACT SUM
5 ' PAYMENTS
6 ' DISPUTE RESOLUTION
7 - TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION DF CONTRACT DOCUMENTS
10 INSURANCE AND BONDS
ARTICLE 1 THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary and otller
Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed
in tl�is Agteement and Modifications issued after execution of this Agreement,all of which form the Contract,and are
as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire
arid integrafed agreemenf between the parties hereto and supersedes prior negotiations,representations or agreements,
either written or oraL An enumeration of the Contract Documents,other than a Modification,appears in Article 9.
_... _
ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shal]fully execute the Work described in the Contract Documents,except as specifically indicated in
the Contract Documents to be the responsibility of others.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated
` below or provision is made for the date to be fixed in a notice to proceed issued by the Owner.
(Insert the date of corrimencement if it di�'ers fronz the date of this Agreement or,if applicable,state that the date will
be fzxed in a notice to proceed.)
� COMIVIENCEMENT OF THE PROJECT:AUGUST 6TH,2013.
-' - If,prior to the commencement of the Work,the Owner requires time to file mortgages and other security interests,the
Owner's time requirement shall be as follows:
�- N/A . __
- -- ------§-33 The Gontract Time shall be measured from the date of commencement.
, § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than O days from the date
of commencement,or as follows:
___ (Insert number of calendar days.Alternatively, a calendar date may be trsed when coordinated with the date of
commencement.If appropriate, insert requirements for earlier Sarbstantial Completion of certai�i portions of the
T�ork.)
� N/A
AIA Document A101TM—2007.Copyright OO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 2
reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possible under the law.This document was produced byAlA software at 19:50:13 on OB/O5/2013 under Order No.8898942129_1 which expires
on 08/04/2014,and is not for resale.
User Notes: (1499024237)
____,.___ .________ ___._.Portion of Work Substantial Completion Date
I GENERAI�CONSTRUCTION SUBSTANTIAL COMPLETION WILL BE 555 DAYS
FROM TI3E DATE OF SIGNING THIS AGREEMENT
_____.__,______.,subject to adjustments of this Contract Time as provided in the Contract Documents.
(b7sert provisions, if any,for liqtcidated damages relating to faila�re to achieve Sz�bstantial Completion on time or for
_ : bona�s payments for early completion of tlze Work.)
� : N/A
._- _ ..:,; ,.
ARTICLE 4 CONTRACT SUM
§ 4:1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the
Contract.The Contract Sum shall be FOURTEEN MILLION FIFTY TWO THOUSAND SEVEN HLTNDRED
SEVENTY-ONE DOLLARS ($ 14,052,771.00),subject to additions and deductions as provided in the Contract
Documents. �
_
§ 4.2 The Contract Sum is based upon the following alternates,if any,which are described in the Contract Documents
� and are hereby accepted by the Owner:
- (State the numbers or otlTer ident�cation of accepted alternates.If the bidding orproposal doctnnents pernzit the
Owner to dccept other aZternates subsequent to the execution of tTTis Ao eemeizt, a#ach a schedule of such other
alternates showing tlie amot�izt for each and the date when that amount expires.)
Base Bid : $ 13,090,000.00
ALTERNATE 3 Fuel Island $ 273,716.00
ALTERNATE 5&6 Cranes $ 75,502.00
ALTERNATE 9 Pressure Washer $ 9,677.00
ALTERNATE 10 Special Foundations $ 587,119.00
ALTERNATE 13 _ CNG Parks $ 22,405.00
ALTERNATE 14 - CNG Sanitation fans only $ 5,767.00
ALTERNATE 15 Storm Sewer-- $ 139,563.00
Sub Total __ _ $14,203.749.00
Credit for Lifts $ 62,394.00
Credit for Landscape $88,584.00
GRAND TOTAL $14,052,771.00
§ 4.3 Unit prices,if any:
(Identify and state the zrnit price;state quantity Zinzitations, if any, to which the unit price will be applicable.)
-' ' :Item - --_ ---- Units and Limitations Price Per Unit($0.00)
I. SEE ATTACHED BID FORM Total of 8 Pages
§ 4.4 Allowances included in the Contract Sum,if any:
(Identify allowance and state exclusions, if any,from t1�e allowance price.)
Item Price
IN/A
ARTICLE 5 PAYMENTS
- -------- -----____ _--------
§ 5.1 PROGRESS PAYMENTS
§ 5.1.1 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 provided below and elsewhere in the Contract Documents.
AIA Document A101 TM—2007.Copyright�O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 3
reproduction or distribution of this AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on OS/OS/2013 under Order No.8898942129_1 which expires
on 08/04/2014,and is not for resale.
User Notes: (1499024237)
_,_._____.___�___§_5.1,2,_The period covered by each Application for Payment shall be one calendar month ending on the last day of the
month,or as follows:
� _ PER 5.1.3 Below
§ 5.1.3 Provided that an Application for Payment is received by the Architect not]ater than the TWENTY FffTH
__ . _ , (25Eh.) day of a month,the Owner shall make payment of the certified amount to the Contractor not]ater than the
— LAST day of the FOLLOWING month.If an Application for Payment is received by the Architect after the
applicarion date fixed above,payment shall be made by the Owner not later than FORTY FIVE(45 )days after the
Architect receives the Application for Payment.
(Federal, state or local Zaws may regz�ire payment within a certain period of time.)
§ 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor
in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the
. various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to
substan6ate its accuracy as the Architect may require.This schedu]e,unless objected to by the Architect,shal]be used
as a basis for reviewing the Contractor's Applications for Payment.
§ 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of
the period covered by the Application for Payment.
- § 5.1.6 Subject to other provisions of the Contract Documents,the amount of each progress payment shall be
computed as follows
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract Sum
` allocated to that portion of the Work in the schedule of values,less retainage of FIVE PERCENT
percent(3% %).Pending final determination of cost to the Owner of changes in the Work,amounts
not in dispute shali be included as provided in Section 7.3.9 of AIA Document A201T"'2007,General
Conditions of the Contract for Construction;
.2 . Add that portion of the Contract Sum properly allocable to materials and equipment delivered and
' suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in
advance by the Owner,suitably stored offthe site at a location agreed upon in writing),less retainage of
- FIVE PERCENT percent( 5 %);
.3 Subtract the aggregate of previous payments made by the Owner;and
� .4 Subtract amounts,if any,for which the Architect has withheld or nullified a Certificate for Payment as
provided in Secfion 9:5 of AIA Document A201-2007.
§ 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the
following ci"rcumstances:
_
,1 Add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the
_ full amount of the Contract Sum,less such amounts as the Architect shall detennine for incomplete
Work,retainage applicable to such work and unsettled claims; and
�', � (Section 9.8.-5 ofAIA Doczanerzt A201-2007 requires release of applicable retainage upon Substmztial
Completion of Work with consent ofsurety, if any.)
.2 Add,if final completion of the Work is thereafter materially de]ayed through no fault of the Contractor,
- any additional amounts payable in accordance with Section 9.103 of AIA Document A201-200"7.
§ 5.1.8 Reduction.or limitation of retainage,if any, shall be as follows:
_ _ __ __ _fIf i#ts intended�rior to Si�bstantial Completion of the entire Work, to reduce or limit tlie retainage reszrltif�gfrom tlie
percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and tlzis is fiot explained elsewhere in the Contract
Doct�mer7ts, insert here provisior�s for sa�ch reda�ction or limitation.)
I Retainage to be 5%up to 50%completion,No additional retainage to be held after 50%.
AIA Document A101 T"—2007.Copyright OO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute ofArchitects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized 4
reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and wiil be prosecuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on 08/05/2013 under Order No.8898942129_1 which expires
on OS/04/2014,and is not for resale.
User Notes: (1499024237)
______§_5,1.9_Except with the Owner's prior approval,the Contractor shail not make advance payments to suppliers for
: materials or equipment which have not been delivered and stored at the site.
§ 5.2 FINAL PAYMENT
-----------------§ 5.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the
Contractor when
-__ _ ._ . .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct
- --- - - - Work as"provided in Section 12.2.2 of AIA Document A201-2007,and to satisfy other requirements,if
any,which extend beyond final payment;and
.2 a final Certificate for Payment has been issued by the Architect.
- — --- — -5.2.2TheOwn - --
_. _.
§ er's finai payment to the Contractor shal]be made no later than 30 days after the issuance of the
Architect's final Certificate for Payment,or as follows:
I FINAL PAYI�NT SHALL BE DITE WITHIN THIRTY(30)DAYS OF THE ISSUANCE OF A FINAL
CERTIFICATE OF PAYMEIVT BY TI�ARCHIT'ECT.
ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 INITIAL DECISION MAKER
The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201-2007,unless the
parries appoint below another individual,not a pariy to this Agreeme�it,to serve as Initial Decision Maker.
(If tlze parties martually agree,ii�sert the name,address mrd other contact infonnation of tlze britial Decisio�:Maker, if
other thai�t1Te Architect.)
� N/A
§ 6.2 BINDING DISPUTE RESOLUTION
I For any Claim,the method of binding dispute resolution shall be as follows:
(Check the appropriate box.If the Owner and Contractor do not select a method of binding dispa�te reso&�tion below,
. or do not subsequently agr"ee in writing to a binding dispute resolution method other tlzan litigarion, Claims will be
resolved by litigation in a court of competent jzrrisdiction.)
[ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2007
I ` [X ] Litigafion_in a court of competent jurisdiction
[; j Other(SpecifyJ
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Arricle 14 of AIA Document
A201-2007.
§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 or another Contract
; -- --- ---: Document;thereference refers to that provision as amended or supplemented by other provisions of the Contract
- Documents.
§ 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated
_____ :_ below or_in.the_absence thereof,at the legal rate prevailing from time to time at the place where the Project is located.
(basert rate of interest agreed upon, if any.)
I 0%
AIA Document A101 TM—2007.Copyright OO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2D07 by The American
Init. Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 5
reproduetion or distribution af this AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on 08l05I2013 under Order No.8898942129_1 which expires
on 08/04/2014,and is not for resale.
User Notes: (1499024237)
§ 8.3 The Owner's representative:
____.__ ________._____(Name,address and other information)
David C.Patek
_ D'uector of Public Works
__-____ _._.___.._215 Church Avenue
Oshkosh,WI 54903-1130
-- § 8.4 The Contractor's representafive:
(Name, address and other information)
DEAN BASTEN,CFO
' - MIRON CONSTRUCTION COMPANY,INC.
1471 McMAHON DRIVE
NEENAH,WISCONSIN 54956
§ 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the
other party. '
§ 8.6 Other provisions:
� N/A
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated in
the sections below.
§ 9.1.1 The Ageement is this executed AIA Document A101-2007,Standard Form of Agreement Between Owner
and Contractor. .
§ 9.1.2 The General Conditions are AIA Document A201 2007,General Conditions of the Contract for Construcfion.
§ 9.1.3 The Supplementary and other Conditions of the Contract:
Document -- -Title Date Pages
� Section 00 73 00 Supplementary General 3/15/2013 10 Pages
Conductions
§ 9.1.4 The Specifications: .
(Either list tlze Specifications here or refer to an exhibit attached to this Agreemer�t.)
: I Title of Specifications exhibit: SEE ATTACHI�IENT A
(Table deleted)
§ 9.1.5 The Drawings:_
(Either lisl the Drcnvings here or refer to an exlTibit attached to this AgreemenL)
I Title of Drawings exhibit: SEE ATTAC�-IMENT B
�
. § 9.1.6 The Addenda,if any:
'" Number�I Date Pages
ADDENDUM#1 4/18/2013 133 Total Pages
_----- -.--:______:_:---�DENDUM#2 4/25/2013 22 Total Pages
ADDENDUM#3 4/26/2013 12 Total Pages
ADDENDi7M#4 4/29/2013 7 Total Pages
ADDENDUM#5 4/29/2013 5 Total Pages
AIA Document A101 TM—2007.Copyright OO 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute of Architects.All rights reserved.WARNING:This AIA�Document is protected by U.S.Copyright Law and International Treaties.Unauthorized s
reproduction or distribution of this AIA� Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possi6le under the law.This document was produced byAlA software at'19:50:13 on 08/05/2013 under Order No.8898942129_1 which expires
on 08I04/2014,and is not for resale.
User Notes: (1499024237)
_ .._ _i__ __-_ _ _ __-�
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
.__._ ._.____.___._§.9.1.7 Additional documents,if any,forming part of the Contract Documents:
__. .._ ._._ :_ _. . .1 AIA Document E201T'"-2007,Digital Data Protocol Exhibit,if completed by the parties,or the
_ __. ___ . - following:
I _ , N/A
- -- -. - - _ :
.2 Other documents,if any,listed below:
- (List here any additional docLrments that are intended to fornz part of the Contract Doci�ments.AIA
Doctiment A201-2007 provides that bidding reqt�irements such as advertisement or invitation to bid,
Instructions to Bidders,sample forn�s and the Contractor's bid are not part of tl�e Contract Documents
' u�rless e�rumerated in this Agreement. T/iey shoadd be Zisted here only if intended to be part of the
Contract Documents.)
- � N/A '
ARTICLE 10 INSURANCE AND BONDS
The Contractor shall purchase and maintain insurance and provide bonds as set forth in Articie 11 of AIA Document
A201=2007:
(State bonding reqirirements, if any, and limits of liability for insirrance regz�ired in Article 11 of AIA Docanne»t
A201-2007.)
Type of insurance or bond Limit of liability or bond amount($0.00)
Performance Bond and a Material and 100%of Contract
Labor Payment Bond in the amount equal
to 100 Percent of the contract.
AIA Document A101 TM—2D07.Copyright O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute ofArchitects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and International Treaties.Unauthorized 7
reproduetion or distribution of this AIAm Document,ar any poRion of it,may result in severe civil and criminal penalties,and will be proseeuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on 08/05/2013 under Order No.8898942129_t which expires
on 08/04I2014,and is not for resale.
User Notes: (1499024237)
� This Agreement entered into as of Tuesday,August 6,2013.
---- _ _ �_ -- � � •
OWNER(Signature) C NT CTOR(Signature)
__ _ I __ David G.Voss,Jr.President&CEO
(Printed name and title) (Printed name and title)
' ` Gt d��✓l�/�
�
MarkA.Rohloff
City Manager
�
� 'p(�, � /
�-�l /
Pamela R.Ubrig �
City Clerk
X ����� ��
' Peggy Steeno
' City Comptroller
' � I
; Lyn n o
City Atto rn ey
AIA Document A101 TM—2007.Copyright�O 1915,1918,1925,1937,1951,1958,1961,1963,1967,1974,1977,1987,1991,1997 and 2007 by The American
Init. Institute of Architects.All rights reserved.WARNING:This AIAm Document is protected by U.S.Copyright Law and Intemational Treaties.Unauthorized 8
reproduction or distribution of this AIAm Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the
� maximum extent possible under the law.This document was produced by AIA software at 19:50:13 on 08/05/2013 under Order No.8898942129_1 which expires
on 08I04I2014,and is not for resale.
User Notes: (1499024237)