HomeMy WebLinkAboutContractors Agreement: Public Library Roof Top Unit Replacement NiA
of
ushkosh
, ORIGINAL
CONTRACTOR AGREEMENT:
OSHKOSH PUBLIC LIBRARY ROOF TOP UNIT REPLACEMENT
CITY OF OSHKOSH
THIS AGREEMENT, made on the 2411, day of OCTOBER, 2018, by and between the CITY OF
OSHKOSFI, party of the first part, hereinafter referred to as CITY, and SURE-FIRE, INC., 617
WASHINGTON STREET, P.O. BOX 1.91, HORICON, WI 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.
ARTICI..,E 1. 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 Il. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(EDWARD "TED" MALESEVICH,V.P./PROJECT MANAGER, 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 1 130 Oshkosh,Wl 54903-1130 http://www.ci.oslikosh.wi.us
ARTICLE 111. 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 "OSHKOSH PUBLIC LIBRARY ROOF TOP UNIT REPLACEMENT" dated September 1,
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 Scope of Work will include the Base Bid and Alternate 1 Bid (Update Existing BAS Software).
The Contractor may provide additional products and/or services if such products/services are
requested in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed by the
Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will examine all reports and
other documents and will make any authorizations necessary to proceed with work within a reasonable
time period.
ARTICLE VI, TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than February 1,
2019. 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$394,000.00 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
1.0 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.
4
In the Presence of: CONTRACTOR/CONSULT NT
By:
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
Title)
CITY OF OSHKOSH
By:
MarAR�ohloff,��ity Man,18er
itness)
And
,,(Wi ness) Pamela R. Ubri8, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
� illtv tntorne�,y4_ 36
y
City Comptroller
r
ADDENI7UM�1
OSHKOSH PUBLIC LIBRARY RTU REI'"LA CEMENT
ISSUEI)C ICTOBER'2,2018
OSHKOSH PUBLIC LIBRARY RTU REPLACEMENTS
BID PROPOSAL FORM
Page 1 of 2
From.: Sure-Fire Inc. (bidder's company name)
ID PRfJ�I'OSAL DEADLINE fJCT6BE,R 9,2018
B 10 00 A M
Date: 10/09 2018
Addenda: Receipt of Addenda numbered 1 of 1 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 tl-is Bid and with any other Bidder or with any competitor. We, the
undersigned, propose to furrLish all labor and materials per the project specifications or
noted deviations for the following amount(s):
TOTAL BASE BID (Phase 1 RTU-1 thru RTU-10):$380,000.00
TOTAL BASE BID (Phase 2 RTU-11 thru RTU-19):$371,000.00
ALTERNATE 1 BID (Update Existing BAS System Software):$14,000.00
ALTERNATE 2 BID (Replace Pneumatic Humidifier Control Valves with DDC):
55 000.00
l
iN`o- ,. �fi'u v�;u�
OSHKOSH PUBLIC LIBRARY RTU REPLACEMENT
BID PROPOSAL FORM
Page 2 of 2
Warranty Details: 1-yr labor,material and parts;5-yr compressor; 15-yr heat exchanger
SIGNATURES
Date: 10/09/2018
Name of Company: Sure-Fixe, Inc.
Submitted by: (name/title) Casey Malesevich,President
Email: caseym@surefireil-c.com
Address of Company 617 Washington St.;P.O.Box 191,Horicon,WI53032
Phone: (920)485-4883
Company Representative that will be named Project Manager for this project,if awarded
the bid:
Edward "Ted" Malesevich Vice President/Project 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:President
2
THE AMERUCAN INSTITUTE OF ARCHITECTS
/
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^4{A D0CU/Den/A3Y0
��^�� Bond
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D��"�� Q�»=~� "��
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KNOW ALL MEN BY THESE PRESENTS, that weauRE-F|ns.INC. 617Washingm Street *onn^n,vN
53032
�
(Here insert full name.and address m legal title mContractor)
as Principal, hereinafter called the Principal, and FidelitV and Deposit Company of MarVland 3910 Keswick Road Baltimore,MD
21211
a corporation duly organized under the |oes of the State of K80 as Surety, hereinafter called the Suneh/, are held and
firmly bound unto City of Oshkosh 215 Church Avenue Oshkosh,Wl 54903
(Here insert full name.and address v.legal title wOwner)
as {)b|igee, hereinafter called the (}b|igee, in the sum of Ten Percent(lq�ij of the Bid for the payment of which
sum well and truly to be mode, the said Principal and the said Surety, bind ouroe|vmo, our heirs, exaoub)re,
administrators, successors and assigns,jointlyand severally, firmly by these presents.
WHEREAS, the Phnuipal has submitted a bid for
Oshkosh Public Library RT[1 Rep|2CeD18Dt City of (]S��OS�, ����CDO�iO�
` �
(Here insert full name,address and description wproject)
NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal nhoU enter into a Contract
with the Obligee in accordance with the bamns 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 mhm|| 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
Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation 1
�
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 5th day of October, 2018SURE-FIRE, INC.
(Principal) (Seal)
Fidelity and Deposit Company of Maryland
�
(Surety) (Seal)
(Witness) Jenny L. HirtlF, ATTORNEY-IN-FACT
INSTITUTE Op ARCHITECTS, 1rasNlxVc, wXuvvASx|wGTON. D.C. 20006
i
a
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
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 Michelle T. FALKOWSKI,all of Menomonee Falls,
Wisconsin, EACH its true and lawful agent and Attorney-in-Pact,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 officer-,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/tier names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of May,A.D.2018.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
EAL ii
�N
By:
AssistantSecrelary Vice President
Joshua Lecker David AlfcVicker
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
NICVICKER,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.
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,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate sea], appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments oil behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate sea]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 SURF'I'Y 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 ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998,
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof hearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile tinder and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth 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 WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this TN d, 20 ay of 0(,r0f3PP,
............
0
I 10%
0i SEAL�
Im
000
0? e
01
Michael Bond,Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
THE AMERICAN INSTITUTE OF ARCHITECTS
Premium Amount Based
on Final Contract Amount
Bond No. 8494983
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: October 24, 2018
Amount: THREE HUNDRED NINETY FOUR THOUSAND AND 00/100 ($394,000.00)
Description (Name and Location): Purchase Order#181310-00, Oshkosh Public Library Roof Top Unit Replacement
BOND
Date (Not earlier than Construction Contract Date): November 12, 2018
Amount:THREE HUNDRED NINETY FOUR THOUSAND AND 00/100 ($394,000.00)
Modifications to this Bond: [X] None [I See page 3
CONTRACTOR AS PRINCIPAL SURETY
COMPANY: (Corporate Seal) COMPANY: (Corporate Seal)
SURE-FIRE,INC;. Fidelity and De sit Company of Maryland..
Signature:
g � .����..,,
Name and Till Name andT tle: fix.
�Z /��� Lv,
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(W A 312-1964 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,
,)iqd themselves,their heirs, executors,administrators, reasonable promptness under the circumstances: �
successors, and assigns Vo the Owner for the performance .1 After investigation, determine the amount for which itmay
' of the Construction Contract,which ie incorporated herein ha liable to the Owner and, aa soon ao practicable after the
by reference. amount io determined,tender payment therefor h»the �
Owner; or
.2 Deny liability in whole orin part and notify the Owner �
citing` reasons therefor. �
2. If the Contractor performs the Construction Contract, S. |f the Surety does not proceed as provided inParagraph .
the Surety and the Contractor shall have noobligation 4 with reasonable promptness, the Surety shall bedeemed �
under this Bond,except Vo participate in conferences ea tobein default on this Bond fifteen days after receipt ofan
provided in Subparagraph 3.1. additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
3. |f there iono Owner Default,the Surety's obligation this Bond, and the Owner shall ba entitled ho enforce any
under this Bond shall arise after: remedy available to the Owner. |f the Surety proceeds au
provided in Subparagraph 4.4. and the Owner refuses the
3.1 The Owner has notified the Contractor and the payment tendered or the Surety has d i| in �
Surety ud its address described in Paragraph 1U below whole nrin part,without further notice the Owner shall be
that the Owner io considering declaring aContractor entitled ho enforce any remedy available ho the Owner.
Default and has emted andattempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt ofsuch G. After the Owner has terminated the Contractor's right
notice to discuss methods uf performing the Conatmc- m complete the Construction Contract, and if the Surety
honContraot. |f the Owner,the Contractor and the elects to act under Subparagraph 4.1.4.2. nr4.3above, �
Surety agree,the Contractor shall bo allowed oreason- then the responsibilities of the Surety tu the Owner shall �
!
able time to perform the Construction Contract,but not bo greater than those of the Contractor under the �
such an agreement shall not waive the Owner's right, if Construction Contract,and the responsibilities ofthe �
any,subsequently ho declare o Contractor Default; and Owner hm the Surety shall not be greater than those ofthe ^
Owner under the Construction Contract. To the limit ofthe
3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject m commitment bythe
formally terminated the Contractor's right 0ncomplete Owner of the Balance of the Contract Price to mitigation of |
the contract. Such Contractor Default shall not bede- costs and damages on the Construction Contract,the 0ura' �
clared earlier than twenty days after the Contractor and tyia obligated without duplication for:
the Surety have received notice ou provided in Sub-
paragraph 3.1; and 8.1 The responsibilities of the Contractor for correc-
tion ofde/oc1ivowwrkondcomp|eUonofthoCnnstruo`
3.3 The Owner has agreedt pay the Balance o/the honContrac\;
Contract Price to the Surety in accordance with the
terms of the Construction Contract nrhoacontractor 6.2 Additional legal,design professional and delay
selected\o perform the Construction Contract inacoop costs resulting from the Contractor's Default, and re-
dance with1hetennepfthecon1motvvi\htheOwner. ao|hng from the actions ur failure 1n act of the Surety
under Paragraph 4; and .
4. When the Owner has satisfied the conditions of Para-
graph 3,the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages, or|fno liquidated damages
ponoe take one of the following actions: are specified in the Construction Contract, actual dam-
ages cmueedhyde/ayedperformunneurnon-pedbr-
4.1 Arrange for the Contractor,with consent ofthe manceof the Contractor.
Owner,tu perform and complete the Construction
Contract; or T. The Surety shall not ha liable 1n the Owner or others for
obligations of the Contractor that are Unrelated to the Con'
4.2 Undertake\n perform and complete the Cnnotmc- atrudioo Contract,and the Balance nf the Contract Price �
boo Contract itself,through its agents ur through inde- shall not be reduced nr set off on account nf any such
pendent contractors; or unrelated obligations, No right nf action shall accrue on �
this Bond to any person or entity other than the Owner nr �
4.3 Obtain bids nr negotiated proposals from its heirs,executors,administrators, orsuccessors. �
qualified contractors acceptable 10 the Owner for o �
contract for performance and completion of the Con- 8. The Surety hereby waives notice of any change, indud-
m1mction Cnn(rac1, arrange for a contract to be pm- ing changes of time,to the Construction Contract or to !
pared for execution by the Owner and the contractor related subcontracts, purchase orders and other nb||ga'
selected with the Owner's concurrence,tnbesecured done
with performance and payment bonds executed by
qualified surety equivalent\o the bonds issued onthe V. Any proceeding, legal or equitable, under this Bond �
Construction Contract, and pay to the Owner the may be instituted in any court of competent jurisdiction in
amount ofdammgeoee described in Paragraph Ginex- the location in which the work nr part nf the work iolocated
oeaxof the Balance of the Contract Price incurred bythe and shall heinstituted within two years after Contractor
Owner resulting from the Contractor's default;or Default m/within two years after the Contractor ceased
working nr within two years after the Surety refuses orfails
4.4 Waive its rights to perform and complete, arrange io perform its obligations under this Bond,whichever oo'
hn/oomp|ohon. nrobtoinanewoontmnturandwi\hnsauonab|a curs first. |f the provisions uf this Paragraph are void ur
promptness under the circumstances: prohibited by law,the minimum period of limitation available
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIA 0 A 312-1984 2
� xmsm^Av INSTITUTE o,ARCHITECTS,v`o NEW,onx^vs,wxu.wxmmws`nwoo.moo"
� THIRD PRINTING M^nCx`,ur
able to sureties aom defense in the jurisdiction of the suit tractor of any amounts received cxtobe received by
shall beapplicable. the Owner in settlement of insurance or other claims
for damages ho which the Contractor ia entitled, ne-
1O. Notice to the Surety,the Owner or the Contractor shall duoedby all valid and proper payments made hooron
be mailed o/delivered to the address shown on the nig- behalf of the Contractor under the Construction Con-
nature page. tract,
11. When this Bond has been furnished ho comply with m 122 Construction Contract: The agreement between
statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-
the construction was to be pehormed, 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 herefrom and provisions con-
forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor,
be deemed incorporated herein. The intent ia that this which has neither been remedied nor waived,tn per-
Bond ahnUbeoonutmademostotuhorybondmndno(mso form or otherwise ho comply with the terms ofthe
common law bond. Construction Contract.
12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has
neither been remedied nor waived, hz pay the Con-
12.1 Balance of the Contract Price: The total amount tractor am required by the Construction Contract orho
payable by the Owner to the Contractor under the perform and complete ur comply with the other terms
Construction Contract after all proper adjustments thereof. -
have been made, including allowance to the Con-
MODIFICATIONS TOTHIS BOND ARE ASFOLLOWS:
/
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR ASPRINCIPAL SURETY Company
(Corporate Seal) (Corporate Seal)
Si Signature:
Name and Title: ' Nome and Title: a
Address: Address:
THE^msmo^w INSTITUTE OF ARCHITECTS,1nm NEW,oRxAvs.mm�vAox/warnw D.C. 20006
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
.KNOW AI..L MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
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 Michelle T.FALKOWSKI,all of Menomonee Falls,
Wisconsin, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seat and deliver,for,and on its behalf as surety,and as
its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall
be as binding upon said Companies, as fully and amply,to all intents and purposes, as if they had been duly executed and acknowledged by
the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York., the regularly
elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the
regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of May,A.D.2018.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Cary I.,;DUO,,
s
SEAL
I
n"o
% J R
it
Assistant.Secretary Vice President
Joshua Lecker David Ale llicker
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 I.XCKER,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.
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,Attorneys-in-Fact. The Chief'ExeCUtive Officer, the President,or any Executive Vice President or Vice President
may, by written instrument tinder the attested corporate seat, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf'of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause niodify or revoke any such appointment or authority at any
tirne",
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND StJRI.,,'fY 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 or
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the l5th(lay of December 1998.
RESOLVE'D: "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 or Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and sea]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 S(AU"I"Y COMPANY at a triecting duly called and field on the 5th day of
May, 1994, and (fie following resolution of the Board of Directors of the RDELITY AND DEPOSIT COMPANY OF MARYLAND at a
triecting 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-11rcsident, 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 WHEIREOF,I have hereunto subscribed joy naine and affixed the corporate seals of the said Companies,
this 2o 6(lay
.............
REAL
44,
Michael Bond, Vice President
TO REPORT 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
^ ��� �U����V���� A���~����� ��� ����U�����
� " ��� �~.���.~.��.�.� ����� . . � �� � �� ��. . .� ��.. �� . ��'� . ��
to
Bond No. 8494983
A|A Document A312
Payment Bond
Any singular reference m Contractor,Surety,Owner�other party shall�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 381V Keswick Road
Horicou,VV|53U32 Baltimore, K0D21211
OWNER (Name and^xureoa):
City Of Oshkosh �
215 Church Avenue
Oshkosh,VV| 543O3
CONSTRUCTION CONTRACT
Date: October 24. 2018
Amount: THREE HUNDRED NINETY FOUR THOUSAND AND 0D/100 ($394.00¢.UO )
Description (Nome and Looa(ion): Purchase Order#181310-00, Oshkosh Public Library Roof Top Unit Replacement
BOND .
Date (Not earlier than Construction Contract Date: November 12. 2o1D
Amount: THREE HUNDRED NINETY FOUR THOUSAND AND OO/1OO ($394.O00.O0 )
Modifications to this Bond: xNone See Page S
CONTRACTOR ASPRINCIPAL SURETY
COMPANY: (Corporate Seal) COMPANY: (Corporate Seal)
SURE-FIRE, INC. 0d,U dD 'ounpany of Maryland
Signature: SignW14e:
Name and e " �
/ N�meandTft|e '
� �
(xvt»*��� Kathryn A.Weidner,Attorney-in'Fact
(Any additional signatures appear on page G)
FOR INFORMATION ONLY-Name,Address and Telephone OWNER'S REPRESENTATIVE (Architect,
AGENT OR BROKER: Engineer or other pudy):
R&R INSURANCE SERVICES,INC.
PO Box 18V
Menomonee Falls,vv|soo5c
x/A DOCUMENT^q, PERFORMANCE BOND AND PAYMENT BOND osxsmasnmn*so,^mw
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 u
THIRD PRINTING'w^nnn1om,
1. The Contractor and the Surety,jointly and severally, 8. When the Claimant has satisfied the conditions of
bind themselves, their heirs, executors, administrators, Paragraph 4. the Surety shall promptly and otthe
^ successors, and assigns ho the Owner to pay for labor, Surety's expense take the following actions: '
materials and equipment furnished for use inthe pedbp 6.1 Send en answer to the Claimant,with a copy to �
manceof the Construction Contract,which ioinoorpo- the Owner,within 45days after receipt of the claim,
rated herein byreference. stating the amounts that are undisputed and the basis �
2. With respect in the Owner,this obligation shall be for challenging any amounts that are disputed. �
null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed !
2.1 Promptly makes poyment, divect|y, or indirectly, amounts.
for all sums due Claimants, and
7. The Surety's total obligation shall not exceed the
2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be
Owner from claims, demands, liens or suits byany credited for any payments made in good faith by the Surety. !
person o/entity whose claim, demand, lien or suit io $. Amounts owed by the Owner to the Contractor under �
for the payment for labor, materials, nr equipment fur- the Construction Contract shall be used for the pedor- �
niohodfnruuointhapedbrmonneofiheConotruotion manceof the Construction Contract and to satisfy claims,
Contract, provided the Owner has promptly notified if any, 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, ormui�mondtende/mddefenmoofuuohdaima
' in the performance of the Construction Contract are
demands, liens dedicated to satisfy obligations nf the Contractor and
Suraty, and provided there is no Owner Default. the Sunah/under this Bond subject tothe Owner's priVp
3 With naape��(o Claimants,this be '
' ' ityto 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 to the Owner, Claimants
mont. directly or indirectly, for all sums due. or others for obligations of the Contractor that are unrelat-
ed totheConetrucUonControcL The Owner shall not ba
4. The Surety shall have nu obligation toClaimants liable for payment of any costs or expenses of any Claim-
under this Bond until: ant under this Bond, and shall have under this Bond nnob|i- �
4.1 Claimants who are employed byor have adirect gationoto make payments to, give notices on behalf of, or �
contract with the Contractor have given notice tothe otherwise have obligations to Claimants under this Bond. |
Surety (at the address described in Paragraph 12) and 10. The Surety hereby waives notice of any change, �
�
sent a copy, or notice thereof, ho the Owner, stating including changes of time, to the Construction Contract
that e claim io being made under this Bond and, with orto 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 hyaClaimant
with the Contractor: under this Bond other than ino 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 a copy, or notice thereof, bo work is located or after the expiration of one year from the
the Owner,within O0 days after having last date (1) on which the Claimant gave the notice required by
performed labor or last furnished materials or Subparagraph 4.1 or Clause 4.2.3, or on which the |oat
equipment included |n the claim stating,with labor or service was performed by anyone or the last mate-
substantial accuracy, the amount of the claim rials or equipment were furnished by anyone under the Con-
and the name of the party to whom the mhucUon Contract, whichever of(1)or(2)first occurs. If the
materials were furnished or supplied orfor provisions of this Paragraph are void or prohibited bylaw,
whom the labor was done or performed; and the minimum period of limitation available to sureties aaa �
2 Have defense. �
in part from the Cuntnactor, or not received 12. Notice to the Sumh/.the Owner nrthe Contractor �
within 3O days of furnishing the above no- shall be mailed nr delivered to the address shown onthe �
� Uce any communication from the Contractor signature page. Ao\uo| receipt of notice by Suneh/, the
by which the Contractor has indicated the Owner or the Contractor, however accomplished, shall
claim will bo paid directly ur indirectly; and be sufficient compliance oso(the date received atthe �
.3 Not having been paid within the above 30 address shown on the signature page.
days, have sent o written notice to the Surety 13. When this Bond has been furnished tn comply with o
(at the address described in Paragraph 12) and statutory o,other legal requirement in the location where �
sent m copy, nr notice thereof, to the Owner, the construction was&mbe 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 herefrorn and provisions con-
written notice furnished to the Contractor. forming to such statutory nr other legal requirement shall
be deemed incorporated herein. The intent is that this
5. |fe notice required by Paragraph 4ia given by the Owner to �
the Contractor orto the Surety, that ie sufficient compliance.AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.,AIAOi) A312-1984 5
�
THE^MspmAw INSTITUTE nr ARCHITECTS,,ns NEW,onx^xs,w,W,wxou/wGrvw D,czwo
THIRD PRINTING'MARCH,ym
^ Bond shall be construed sma statutory bond and not maa Construction Contract, architectural and engineering
common law bond. services required for performance of the work cfthe
Contractor and the Contractor's Subcontractors, and
14. Upon request by any person or entity appearing tobea all other items for which o mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish m copy of this Bond or shall permit ocopy or equipment were furnished.
hobumade.
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 or entity having a direct changes thereto.
contract with the Contractor or with a Subcontractor of
the Contractor tofurnish |abor, materials or equip- 15.3 Owner Default: Failure o[the Owner,which has
mont for use in the performance ui the Contract. The neither been remedied nor waived, to pay the Con-
intent of this Bond shall be to include without limita- tractor os required by the Construction Contract orho
tionin the terms"|obor. materials mr equipment"that perform and complete or comply with the other terms
part nf water, gas, power, light, heat, oil, gasoline, thereof.
telephone service m rental equipment used inthe
MODIFICATIONS TD THIS BOND ARE ASFOLLOWS:
i. Amend paragraphs 4.1 and 4.2.3 dealing with notice to the surety by adding at the end _
of each paragraph"and furnished to Surety an explanation of the clain and copies of
documents on which the Claimant relies to support the daim.^
2. Amend paragraph 5by changing^or"\o^and^ooitreads:
+
5. Um notice required by paragraph 4is given by the Owner 0n the Contractor and
to the Surety, that im sufficient compliance.
1 Paragraph 6 above is deleted in its entirety and the following is Substituted in its place:
G. When the claimant has satisfied the conditions of paragraph 4 and has
submitted any additional supporting documentation, and any sworn proof o/
claim, requested by the Surety,the Surety shall,within e reasonable period of
time,which shall not be less than 45 days, respond too the Claimant and offer to .
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 or\o dispute o/identify any specific defense W all or part ofmclaim
shall not be deemed an admission of liability by the Surety or otherwise constitute
a waiver of any rights o/defenses the Contractor and/or Surety may have nr
acquire as to such claim, including,without limitation, any right to dispute such
claim. |nno event shall the Surety's liability bz 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 A3PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Neme and Title: Name and Title:
Address:
AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.AIAJeJ A312-1984 6
THE mmsmoxm INSTITUTE op ARCHITECTS,`rn NEW vonx^vs w.W,wAm wmrnw.uc 20006
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
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 ftill force and effect on the date hereof, do hereby nominate,
constitute,and appoint Jenny L.HIRTH,Kathryn A.WEIDNER,Jay ZAHN and MichelleT. FALKOWSKI,all of Menomonee Falls,
Wisconsin, EACH its true and lawful agent and Attorney-in-Pact,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 MARYI...AND at its office in Owings Mills, Maryland.,in their
own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of
the By-Laws of said Companies,and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 29th day of May,A.D.2018.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
REAL
8 A Lut z
BT
Assistant Secretary Vice President
Joshua Lecker David Me Vicker
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 conanissioned and qualified, DAVID
MCVICKER,Vice President,and JOSITUA 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 tile execution of same, and being by tile duly swom, 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 WliER-EOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
"no
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,Attprflqy�-in-Fact, The ChiefEIxecutive Officer, the President,or any Executive Vice President or Vice President
may, by written instrument tinder the attested corporate sea], 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;arid may with or without cause modify of'revoke any such appointment or authority at ally
time."
CERTIFICATE
1, the undersigned, Vice President of' the ZINUCII AMEIRICAN INSURANCE COMPANY, the COLONIAL AM].'RICAN
CASUALTY AND SURETY COMPANY, arid the FIDFI'LITY AND DEPOSIT COMPANY OF MARYLAND, (to 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 AMt!"RICAN INSURANCF,COMPANY at a ineeting duty called arid field on the 15th day of'Decernber 1998.
RESOLVF,D: '"'That the signature ofthe President or a Vice President and the attesting signature of a Secretary or all Assistant Secretary
arid the Sea] of the Company may be affixed by facsimile oil any Power ofAttorney...Any such power or any certificate thereof'bearing such
facsimile signature and seal shall be valid arid binding oil 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 AME,RICAN CASIJALTY AND SURETY COMPANY at a meeting(Jul), 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 oil the I Oth day of May, 199(f,
RESOLVED: "That the facsimile or mechanically reproduced sea] of the company and fiacsimile 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 arid binding upon the Company with the same force arid effect
its though manually affixed.
IN TEST LLIMONY WI 11"'REOF, I have hereunto subscribed in),name and affixed the corporate seals of the said Companies,
this J�j.,.,Lfx1ayofLIL_ t. . ........... 201
�4011014!",0
N to
.........
Michael Kernel,Vice President
TO REPORTA CLAIM WITH, REGARD TO A SURETY BONI), PLEASE SUBMIT ALI..,REQUIRED
INFORMATION TO:
Zurich American Insurance Co.
Attn: Surety Clainis
1299 Zurich Way
Schaumburg, 11,60196-1056