HomeMy WebLinkAboutContractor Agreement: GrandOpera House Roof Top Unit Replacement / tl/
ORIGINAL
Oty
04
Oshkosh
CONTRACTOR AGREEMENT:
GRAND OPERA HOUSE ROOF TOP UNIT REPLACEMENT
CITY OF OSHKOSH
THIS AGREEMENT, made on the 141h day of SEPTEMBER, 2018, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and SURE-FIRE, INC., 617
WASMNGTON STREET, P.O. BOX 191, HORICON, W1 53032, hereinafter referred to as the
CONTRACTOR, ,
WITNESSETH:
That the City and the Contractor,for the consideration hereinafter named,enter into the following
agreement. The 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. This Instrument
2. Proposal Solicitation
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:
(EDWARD "TED" M.ALESEVICH, V.P./PROJECTMANAGER,SURE-FIRE INC.)
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,W1 54903-1 1 30 http://www.ci.oshkosh.wi.us
ARTICLE M. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(JON URBEN, GENERAL SERVICES MANAGER)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the
Project titled "GRAND OPERA HOUSE ROOF TOP UNIT REPLACEMENT" dated AUGUST 11, 2018,
and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts
with the Bid Specifications, the provisions in the Bid Specifications shall govern.
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 fim-dsh, 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 VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than DECEMBER
31,2018. Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$42,300.00 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 VIII. 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 the Presence of: CONTRACTOR/CONSULTAN. T4
1-1
Bv:
CU pn�t
(Sea W&ntractor (Sp
if a Corporation.)
By
(Specify Title)'
CITY OF OSHKOSH
By:
Mark A.fRohloff, City Manager
(Witness)
And:
itness) 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.
,rom ey
City Comptroller
CITY OF OSHKOSH
GRAND OPERA HOUSE ROOF TOP UNIT HVAC REPLACEMENT
BID PROPOSAL FORM
Page 1 of 2
From: Sure-Fire, Inc. (bidder's company name)
BID PROPOSAL DEADLINE: TUESDAY,AUGUST 28,2018 @ 11:00 A.M.
Date: 8/28/18
.Addenda: Receipt of Addenda numbered 0 of 0 Are hereby understood,
acknowledged and included in bidder's bid proposal form. If no addenda were issued
for this project please write "N/A" above.
In compliance with the advertising for Bids and having carefully examined the drawings
and specification for the. Work and the Site of the proposed work and having
determined all of the conditions of the work, the rules, regulations, laws, codes,
ordinances, and other governing circumstances relating to this project, the undersigned
Proposes to furnish all Labor, Materials and Equipment necessary to complete the
construction indicated on the drawings and described in the project manual to include
all described work completed to the Owners' satisfaction. By Submission of this Bid,
each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as*to its
own organization, that this Bid has been arrived at independently without consultation,
communication, or agreement as to a matter relating to this Bid and with any other
Bidder or with any competitor. We, the undersigned, propose to furnish all labor and
materials per the project specifications or noted deviations for the following alnount(s):
TOTAL BASE BID $ 14 Z. �Q 0
�Ipri-q-+Ujb -fL - I -- A rJ I I lafS
J (iase Bid Price—in Words)
Warranty Details: 1 yr workmanship; 1 yr Parts; Syr Compressor; 1 yr Heat Exchanger
SIGNATURES
Date: 8/28/18 Name of Company: Sure-Fire Inc.
Submitted by: (name/title) Casey Malesevich, PresidentEmail: caseym(a),su refire i nc.com
28
617 Washington St.; P.O. Box 191
Address of Company: Horicon, W1 53032 Phone: (920) 485-4883
CITY OF OSHKOSH
GRAND OPERA HOUSE ROOF TOP UNIT HVAC REPLACEMENT
BID PROPOSAL FORM
Page 2 of 2
Company Representative that will be named Project Manager for this project, if awarded
the bid:
Edward "Ted" Malesevich Vice President/Proiect Manager
Name Title
That I have examined and carefully prepared this Proposal from the Plans and
Specifications and have checked the same in detail before submitting this Proposal;that I .
have full authority to make such statements and submit this Proposal in (its) (their)
behalf, and that said statements are true and correct.
Signature Title
29
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Band
KNOW ALL MEN BY THESE PRESENTS, that we SURE-FIRE,INC. 617 Washington Street Horicon,WI
53032
(Here insert full name,and address or legal title of Contractor)
as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 3910 Keswick Road Baltimore,MD
21211
a corporation duly organized under the laws of the State of MD as Surety, hereinafter called the Surety, are held and
firmly bound unto City of Oshkosh, 215 Church Avenue Oshkosh,WI 54903
(Here insert full name,and address or legal title of Owner)
as Obligee, hereinafter called the Obligee, in the sum of Five Percent( v1.)of the Bid for the payment of which sum
well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Grand Opera House Roof Top Unit HVAC Replacement.
(Here insert full name,address and description of project)
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
may
Obligee in good faith contract with another party to perform the Work covered by said bid then this obligation
g Y
shall be null and void otherwise to remain in full force and effect.
Signed and sealed this 27th day of August, 2018
SURE-FIRE, INC.
j (Principal) (Seal)
I
(Witness) Title
l
Fidelity and Deposit Company of Maryland
(Surety) (Seal)
I `
(Witness) jay rah , ATTORNEY-IWFACT
I AIA DOCUMENT A310 BID BOND AIA @ FEBRUARY 1970 ED THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.WASHINGTON, D.C. 20006
r' 9/93
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALI,MEN BY THESE PRFSENTS: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
DAVID MCVICKER,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 Jenny L.HIRTH,Kathryn A.WEIDNER,Jay ZAHN and MiclielleT. FALKOWSKI,all of Menomonee Falls,
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 duty 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 Seats of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of May,A.D.2018.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OFMARYLAND
is
CAL
%
Assistant Secretary trice President
loshua Lecker David Ale 11icker
State of Maryland
County of Baltimore
On this 29th day of May, A.D. 2018, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID
MCVICKER,Vice President,and JOSIIUA LECKER,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
the 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.
.'w'0
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 184-2528
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Auorij . 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
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 under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN fNSURANCF,COMPANY at a meeting duly called and field on the 15th day of December 1998.
IZESOLVED: "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 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."
"I'his 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 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 W11 IEREOF,I have hereunto subscribed my name and affixed the corporate scats of the said Companies,
this Zbday of Awil,19T —,20(0
SAAL�
Michael Bond,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BONI),PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 8494981
AIA Document A312
Payment Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
SURE-FIRE, INC. Fidelity and Deposit Company of Maryland
617 Washington Street 3910 Keswick Road
Horicon,WI 53032 Baltimore, MD 21211
OWNER(Name and Address):
City Of Oshkosh
215 Church Avenue
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Date: September 14, 2018
Amount: FORTY TWO THOUSAND THREE HUNDRED AND 00/100 ($42,300.00 )
Description (Name and Location): Grand Opera House Roof Top Unit Replacement. Oshkosh,WI
BOND
Date(Not earlier than Construction Contract Date: September 14,2018
Amount: FORTY TWO THOUSAND THREE HUNDRED AND 00/100 ($42,300.00 )
Modifications to this Bond: x None See Page 6
CONTRACTOR AS PRINCIPAL SURETY
COMPANY: (Corporate Seal) COMPANY: (Corporate Seal)
SURE-FIRE, INC. Fidelity a`,.D?osit Company of Maryland(4Signature: Signatuie
Name an�dT'tl �yr Name and Titid.
, I Ares Kathryn A.Weidner,Attorney-in-Fact
e/4 71 IS: ,e v i,10 et-�'
(Any7 additional signatures appear on page 6)
FOR INFORMATION ONLY-Name,Address and Teleptione OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other party):
R&R INSURANCE SERVICES,INC.
PO Box 160
Menomonee Falls,WI 53052
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA0.
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N,W,,WASHINGTON,D.C.20006 A312-1984 4
THIRD PRINTING-MARCH 1957
`
1. The Contractor and the Surety,jointly and severally, 6. When the Claimant has satisfied the conditions of
' bind themselves, their heirs, executors, administrators, Paragraph 4. the Surety shall promptly and stthe
successors, and assigns h>the Owner 0u pay for labor, Surety's expense take the following actions:
materials and equipment furnished for use|n the pedop $.1 Send an answer to the Claimant,with o copy hm �
monceof the Construction Contract,which ieinoorpo- the Owner,within 45 days after receipt of the claim, |
rated herein byreference. stating the amounts that are undisputed and the basis �
2. With respect(o the Owner,this obligation shall bo for challenging any amounts that are disputed. i
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed |
2.1 Promptly makes payment, directly,orindirectly, amounts. �
for all sums due Claimants, and
7. The Surety's total obligation shall not exceed the
2.3 Defends, indemnifies and holds harmless the amount of this Bond, and the amount uf this Bond shall be
Owner from claims, demands,liens or suits byany credited for any payments made in good faith by the Surety.
person or entity whose claim, demand, lien or suit io 8. Amounts owed by the Owner bo the Contractor under
for the payment for labor, materials, or equipment fur- the Construction Contract shall bo used for the pedbr-
�
nishodkxume|ntheperfbnnan000ftheCmnstmcUnn monoeof the Construction Contract and bu satisfy claims,
Contract, provided the Owner has promptly notified iƒany, under any Construction Performance Bond. By �
the Contractor and the Surety(at the address the Contractor furnishing and the Owner accepting this �
described in Paragraph 12)of any claims, demands, Bond, they agree that all funds earned by the Contractor �
liens,or suits and tendered defense of such claims, in the performance of the Construction Contract are
demands, liens o,suits 0o the Contractor and the dedicated ho satisfy obligations of the Contractor and
Surety, and provided there iano Owner Default. theSuneb/underthis Bond subject to the Owne/aPriop
3 With '
' ' ityho use the funds for the completion of the work.
null and void if the Contractor promptly makes pay- 9. The Surety shall not be liable 0o the Owner, Claimants
ment. directly ur indirectly, for all sums due. or others for obligations of the Contractor that are unrelat-
ed toUheConatructionCVntnaoC The Owner shall not ha
4. The Surety shall have no obligation toClaimants liable for payment of any costs or expenses of any Claim-
under thinBondunU|: ant under this Bond, and shall have under this Bond noob|i- i
4.1 Claimants who are employed byor have adirect goUnnoto make payments to, give notices nn behalf of, mr �
contract with the Contractor have given notice tothe otherwise have obligations ho Claimants under this Bond. �
Surety(at the address described in Paragraph 12)and 10. The Surety hereby waives notice of any change,
sent o copy, or notice thereof, to the Owner, stating including changes nf time, ho the Construction Contract
that m claim is being made under this Bond and,with orho related subcontracts, purchase orders and other
substantial accuracy, the amount of the claim. obligations.
4.2 Claimants who do not have a direct contract 11. No suit or action shall be commenced byaClaimant
with the Contractor: under this Bond other than |na court of competent juris-
.1 Have furnished written notice to the Con- diction in the location in which the work or part ofthe
tractor and sent m copy, or notice thereof, ho work is located o/after the expiration of one year from the
the Owner, within 90 days after having last date(1)on which the Claimant gave the notice required by
� performed labor or last furnished materials or Subparagraph 4.1or Clause 4.2.3. or(2)on which the last
equipment included in the claim siah .stating, with labor or service was performed by anyone or the last mate-
substantial mnouracy. theomountofthen|oim rials or equipment were furnished by anyone under the Con-
and the name of the party to whom the drucUon Contract,whichever of(1)or(2)first occurs. If the
materials were furnished or supplied orfor provisions wf this Paragraph are void or prohibited bylaw,
whom the labor was done or performed; and the minimum period of limitation available tosureties as
.2 Have either received a rejection in whole or defense in the jurisdiction of the suit shall beapplicable.
| in part from the Contractor, nr not received 12. Notice ho the Surety, the Owner nr the Contractor
� within 3O days of furnishing the above no- shall be mailed or delivered to the address shown onthe
| t|ce any communication from the Contractor signature page. Actual receipt ofnotice by Surety, the
| by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall
| claim will ba paid directly or indirectly; and bm sufficient compliance aoof the date received atthe
.3 Not having been paid vvithinthe above 3O address shown on the signature page.
/ days, have sent a written notice to the Surety 13. When this Bond has been furnished to comply with u
' (at the address described in Paragraph 12)and statutory nr other legal requirement in the location where
sent a copy, or notice thereof, bz the Owner, the construction was tobe performed, any provision inthis
stating that claim is being made under this Bond conflicting with said statutory orlegal requirement
Bond and enclosing a copy of the previous shall be deemed deleted herefrom and provisions con-
written notice furnished to the Contractor. U forming statutory naquirem�nteh�
�
be deemed incorporated horein. The intent ia that this
5. |fm notice required by Paragraph 4\e given by the Owner ho
the Contractor or to the Surety, that is sufficient compliance.
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIAO A312-1984 5
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C. 20006
THIRD PRINTING'MARCH 1om
Bond shall be construed mee statutory bond and not asa Construction Contract,architectural and engineering
common law bond. services required for performance uf the work nfthe
Contractor and the Contractor's subcontractors,and
14. Upon request by any person mr entity appearing hzbem all other items for which m mechanic's lien may be
potential beneficiary of this Bond,the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish o copy of this Bond nr shall permit ocopy or equipment were furnished.
tobemade.
15.2 Construction Contract: The agreement between
15. DEFINITIONS the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
15.1 Claimant: An individual ur entity having mdirect changes thereto.
contract with the Contractor or with a subcontractor of
the Contractor tu furnish labor, materials orequip- 15.3 Owner Default: Failure of the Owner,which has
meni for use in the performance of the Contract. The neither been remedied nor waived,to pay the Con-
intent of this Bond shall be to include without limita- tractor oa required by the Construction Contract orhm
dunin the terms''|mhor. materials nr equipment"that perform and complete or comply with the other terms
part of water,gas, power, light,heat, oil,gasoline, thereof.
telephone service or rental equipment used inthe
MODIFICATIONS TD THIS BOND ARE ASFOLLOWS:
1. Amend paragraphs 4.1 and 42.3 dealing with notice tw the surety by addingt the end
of each paragraph"and furnished to surety an explanation of the Clain and copies of
documents mn which the Claimant relies to support the c|o|m.^
2. Amend paragraph 5hy changing ''or'hm^mnd^moitreads: ,
5. |fa notice required by paragraph 4ia given by the Owner tn the Contractor and
tm the Surety,that im sufficient compliance.
3. Paragraph 8above is deleted in its entirety and the following is substituted in its place:
8. When the claimant has satisfied the conditions of paragraph 4 and has
submitted any additional supporting documentation,and any sworn proof of
claim, requested by the Surety,the Surety shall,within a reasonable period of
time,which shall not be less than 45 days, respond too the Claimant and offer ho '
pay or arrange for payment of any undisputed amount; provided, however,that
the failure of the Surety to fully and/or timely discharge its obligations under this
paragraph orto dispute or identify any specific defense bz all or part mf ao|aim
shall not be deemed an admission of liability by the Surety or otherwise constitute
a waiver uf any rights or defenses the Contractor and/or Surety may have wr
acquire as to such claim, including,without limitation, any right to dispute such
claim. |nnu event shall the Surety's liability to any claimant under this Bond
exceed the sum properly due such claimant.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
�
Signature: Signature:
' Name and Title: / Name and T�e
Address:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALI-.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 FIDEI.,ITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
DAVID MCVI(',KER,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 Jenny L.HIRTH,Kathryn A.WEIDNER and Michelle T.FALKOWSKI,all of Menomonee Falls,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 SURF'ITY 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 narnes 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 16th day of February,A.D.2018.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
r�.06j,
L
AP)
Assistant Secretary Vice President
Joshua Lecker David AlIcIl'icker
State of Maryland
County of Baltimore
On this 16th day of February,A.D. 2018,before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, DAVID
MCVICKER,Vice President,and JOSHUA LECKER,Assistant Secretary,of the Companies,to nie 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 duty 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
the 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 TESo'11MONY WliEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
h.
Constance A.Dunn,Notary Public
My Coninussion Expires:July 9,2019
POA-F 184-2528
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V,Section 8,Attorneys-i n-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice president
may, by written illStl-Ulllcut Under the attested corporate seal, appoint attorneys-in-fiact with authority to execute [)ends, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Conipany, and rnay 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 COI,,,ONIAI, AMERICAN
CASUAI,.,'I'Y AND S(flUAN 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 oil the(late of this certificate;and I do further certify that Article V, Section 8,of
the By-Laws ofthe Companies is still in force.
This Power of Attorney an(] Certificate may be signed by facsimile under an(] by authority of the following resolution of the Board of
Directors of the ZURICH AMI?RICAN INSURANCE'COMPANY at a meting duly called and held oil the 15th(lay 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 Seat of 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 SURfry COMPANY at a meeting(July called and held oil the 5th (lay of
May, 1994, and the following resolution of the Board ol'Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duty called and field on the I Oth day of May, 1990,
RESOLVED: "That the racsimile 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'f1.,S'J'IM01NY WHEREOF I have hereunto subscribed ray naine and affixed the corporate seals of the said Companies,
this day of,`112, j,�v g,� 20
..........
....... ......
SEAL
gpuupUFS
Michael Bond,Vice president
TO 11EPORT A CI,AIM WIT11 REGARD TO A SURETY BOND, P1,EASE SUBMIT ALL.REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1 056
THE AMERICAN INSTITUTE OF ARCHITECTS
Premium Amount Based
on Final Contract Amount
Bond No. 8494981
AIA Document A312
Performance Bond
Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
SURE-FIRE, INC. Fidelity and Deposit Company of Maryland
617 Washington Street 3910 Keswick Road
Horicon,WI 53032 Baltimore, MD 21211
OWNER(Name and Address):
City Of Oshkosh
215 Church Avenue
Oshkosh,WI 54903
CONSTRUCTION CONTRACT
Date: September 14,2018
Amount: FORTY TWO THOUSAND THREE HUNDRED AND 00/100 ($42,300.00)
Description (Name and Location): Grand Opera House Roof Top Unit Replacement. Oshkosh,WI
BOND
Date(Not earlier than Construction Contract Date): September 14, 2018
Amount: FORTY TWO THOUSAND THREE HUNDRED AND 00/100($42,300.00)
Modifications to this Bond: [X] None See Page 3
CONTRACTOR AS PRINCIPAL SURETY
COMPANY: (Corporate Seal) COMPANY: (Corporate Seal)
SIJRE-,''IRE,INC. Fidelity and DepoAt Company of Maryland
Signature: Signatu 4
Name and Title: Name and'rftle:
4$eiti mals'w Pro0m+ Kathryn A.Weidner,Attorney-in-Fact
(Any�additional signatures appear on page 3)
FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect,__
AGENT OR BROKER: or Engineer or other party):
R&R INSURANCE SERVICES,INC.
PO Box 160
Menomonee Falls,WI 53052
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA 08 A 312-1984 1
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON D.C.20006
THIRD PRINTING.MARCH 1987
1. The Contractor and the Surety,jointly and severally,
' bind themselves,their heirs,executors,administrators, reasonable promptness under the circumstances:
successors, and assigns Owner for the performance .1 After investigation,determine the amount for which bmay
mf the Construction Contract,which io incorporated herein be liable k/the Owner and,mm soon am practicable after the
byreference. amount in determined,tender payment therefor k/the
Owner;or
.2 Deny liability in whole or|n part and notify the Owner
citing reasons therefor.
2. |f the Contractor performs the Construction Contract, 5. |f the Surety does not proceed aa provided inParagraph �
the Surety and the Contractor shall have nuobligation 4 with reasonable promptness,the Surety shall badeemed
under this Bond, except to participate in conferences an Wbein default on this Bond fifteen days after receipt ofan
provided in Subparagraph 3.1. additional written notice from the Owner 0o the Surety /
demanding that the Surety perform its obligations under |
3. |Y there ianu Owner Default,the Surety's obligation this Bond,and the Owner shall be entitled Vo enforce any �
under this Bond shall arise after: remedy available ha the Owner. |f the Surety proceeds oe �
provided in Subparagraph 4.4. and the Owner refusesthe �
3.1 The Owner has notified the Contractor and the payment tendered mr the Surety has denied liability, in
Surety mt its address described in Paragraph 1Obelow whole orin part,without further notice the Owner shall be
that the Owner im considering declaring aContractor entitled Vo enforce any remedy available to the Owner.
Default and has requested and attempted(o arrange m
conference with the Contractor and the Surety b
held not later than fifteen days after receipt nfsuch 6. After the Owner has terminated the Contractor's right
notice to discuss methods of performing the Conmtruc- to complete the Construction Contract, and if the Surety
honContnact. |f the Owner,the Contractor and the elects to act under Subparagraph 4.1.42.or4.3above.
Surety agree,the Contractor shall be allowed areason- then the responsibilities of the Surety tm the Owner shall
able time to perform the Construction Contract, but not ha greater than those of the Contractor under the �
such an agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities nfthe
any,subsequently 10 declare o Contractor Default; and Owner to the Surety shall not bo greater than those ofthe �
Owner under the Construction Contract. To the limit ofthe
3� The Owner amount of this Bond, but auMect0u commitment bythe
�
— �formally terminated the Contractor's right*acomplete Owner of the Balance of the Contract Price to mitigation of �
the contract. Such Contractor Default shall not bede- costs and damages mn the Construction Contract,the Sux+
c|nrod*adierthonhmentydayuaMu/thmContmoto/and tyio obligated without duplication for:
the Surety have received notice am provided in Sub-
paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc-
tion ofdefec1ivewmrkandcomp|oUonofthmConotru*
3.3 The Owner has agreed 0opmy1h*Ba|annoofthe 8nnCon1moi;
Contract Price N the Surety in accordance with the
terms nf the Construction Contract or0oocontractor 6.3 Additional legal,design professional and delay
selected\o perform the Construction Contract inancop costs resulting from the Contractor's Default, and re-
dance withthotmrmoofthocontnac|wi{hthaOwnur. nu|Ung from the actions nr failure to act of the Surety
under Paragraph 4;and
4. When the Owner has satisfied the conditions of Para-
graph 3.theSunatysha|}pmmp\|yuodattheSumty'max' 0.3 Liquidated damages,nrifno liquidated damages
ponoe take one of the following actions: are specified in the Construction Contract, actual dam-
ages naumed by delayed performance or non-perfor-
41 Arrange for the Contractor,with consent n[the man000f the Contractor. �
Owner,to perform and complete the Construction .
Contract; or 7. The Surety shall not be liable 0o the Owner or others for
obligations nf the Contractor that are unrelated hz the Con- |
4� Undertake mtruc�ionCon$ract and, . �
tion Contract itself,through its agents or through|ndo- shall not be reduced or set off on account of any such
pendent contractors; or unrelated obligations. No right of action shall accrue on
this Bond hn any person or entity other than the Owner o/
4.3 Obtain bids or negotiated proposals from its heirs,executors,administrators,orsuccessors.
qualified contractors acceptable m the Owner for a
contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, includ-
struction Contract, arrange for a contract to be pre- inO changes of time,Vo the Construction Contract ortu
pared for execution by the Owner and the contractor related subcontracts, purchase orders and other obliga-
selected with the Owner's concurrence,to be secured Uona.
with performance and payment bonds executed byo
qualified surety equivalent to the bonds issued onthe g. Any proceeding, legal or equitable, under this Bond
Construction Contract, and pay ho the Owner the may be instituted in any court of competent jurisdiction in
amount of damages ae described in Paragraph 0|nex- the location in which the work or part of the work imlocated
oeeoof the Balance of the Contract Price incurred bythe and shall be instituted within two years after Contractor
Owner resulting from the Contractor's default;nr Default or within two years after the Contractor ceased
working or within two years after the Surety refuses orfails
4.4 Waive its rights tn perform and complete,arrange to perform its obligations under this Bond,whichever oc-
for completion,or obtain a new contractor and with reasonable curs first. |f the provisions of this Paragraph are void nr
promptness under the circumstances: prohibited by law,the minimum period uf limitation available
--------- AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER`1984 ED.,AIA A 312-1984 2
^wsmoxw INSTITUTE ormncxnccra 1,an NEW vonx^vs,wxv,wmmmwsroxn.o.20006
rmnopn/wnwe'MARCH�oo,
able ho sureties osa defense in the jurisdiction of the suit tractor of any amounts received orNbe received by
shall boapplicable. the Owner in settlement m[insurance or other claims
for damages ho which the Contractor iw entitled, m-
1U. Notice Uz the Surety,the Owner orthe Contractor shall ducedby all valid and proper payments made toormn
he mailed or delivered tn the address shown mn the eig- behalf o[the Contractor under the Construction Con-
nature page. tract.
11. When this Bond has been furnished bu comply with a 12.2 Construction Contract: The agreement between
statutory o/other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be performed, any provision in this nature page, including all Contract Documents and
Bond conflicting with said statutory or legal requirement changes thereto.
shall be deemed deleted herefmm and provisions con-
forming to such statutory orothmr|ega| nequimmen(ehaU 12.3 Contractor Default: Failure uf the Contractor,
bw deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per-
Bond ehmUbecmnatmedaaastahuho9bundandnotmaa form or otherwise to comply with the terms ofthe
common law bond. Construction Contract.
12 DEFINITIONS 12.4 OwnerDebyu|t Failure mf the Owner,which has
neither been remedied nor waived,bo pay the Con-
12.1 Balance nfthe Contract Price: The total amount tractor oerequired by the Construction Contract mrto
payable by the Owner 0o the Contractor under the perform and complete or comply with the other terms
Construction Contract after all proper adjustments thereof.
have been made, including allowance to the Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: ,
� (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY Company
Seal) (Corporate Seal)
Signature: Signature:
Name and Title: ^ Name and Title: «
Address: Address:
AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1984 3D.,AIA 0 A312-1984 3
THE AMERICAwINSTITUTE OF ARCHITECTS,1nm NEW����m�wASmNGTOwuc20006
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALI.,MEN BY TI IESE 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
DAVID MCVICKER,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 fall force and effect on the date hereof, do hereby nominate,
constitute,and appoint Jenny L.HIRTH,Kathryn A.WEIDNER and Michelle T. FALKOWSKI,all of Menomonee Falls,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 tile said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 16th day of February,A.D.2018,
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,SEAL
o.0.119......
DUO$
SEAL
�e9l
Assistant Secretai), flice President
Joshua Leckcr David He Vicker
State of Maryland
County of Baltimore
On this 16th day of February,A.D. 2018,before the subscriber,a Notary Public of the State of Maryland,,duly commissioned and qualified,DAVID
MCVICKER,Vice President,and JOSHUA LECKER,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
Ire/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
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by file 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.
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2019
POA-F 184-2528
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Allp -.1"act. 'file ChiefEIxecutive Officer,the])resident,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 behall'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 inodify of revoke any such appointment or authority at any
time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSIJRANCI,,,' COMPANY, the COLONIAL AMI,.RICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY Of,' MARYLAND, do hereby certify that tile
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 I'acsimile under and by authority of the Following resolution of the Board of
Directors ofthe ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held out the 15th day of December 1998,
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of 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 bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by fticsimile under all(] by authority of the following resolution of the Board of
Directors of tyre COLONIAI, AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held our 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
inecting duly called and held oil 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.
INTESTIMONY WI IEREOF1 I have hereunto subscribed my name and affixed file Corporate seals of the said Companies,
this F day at 'V1
20
SEA1.
sib j
Michael Bond,Vice ]:)resident
TO REPORT CLAIM WITH REGARD TO A SURETY BOND, P1..,EASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg, fl..,60196-1056