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HomeMy WebLinkAboutContractor Agreemnet: Roof Top Unit Replacememts 2/15/2023F p1cuSign Eywelope ID: 151946AD01 t C -38E1-4DFF-839E-91F41962831C OPY Of kosh Cash CONTRACTOR AGREEMENT: IT REPLACEMENTS: OSHKOSH PUBLIC LIBRARY ROOF TOP UN CITY OF OSHKOSH b and CITY OF OSHKOSH, 2023, y 617 WF,SIIINGTON made on the 15t'` day of FEBRUARY, and SURE-FIRE, INC. THIS AGREEMENT, m CONTRACTOR' partyof the first part, hereinafter referred to as CI CON, WI 53032, hereinafter referred to as the STREET, P.O. BOX 191, HO. WITNESSETH: enter into the following agreement of the parties except and the Contractor, for the consideration ereto and reflects the agr er / That the City xo oral is attache a eement, in which case this agreement shall prevail. agreement. The Contractor's p p where it conflicts with thisgr COMPONENT PARTS OF THE CONTRACT ARTICLE I. are as fully a pit of this contract This contract consists of the following component parts, all of whlch as if herein set out verbatim, or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Contractor's Proposalwith the above component parts of this contract art firsenumerated y In the event that any Provision in any °f rovision m the comp one p onent parts, the P except as maybe provision in any other of the comp component part which follows it numerically p above shall govern over any other otherwise specifically stated. CT MANAGER ARTICLE II. PRO the following individual to manage ent of Project Manager• The Contractor shall assign A. Assignor the project described in this contract: (TED MALEright VICE-PRESIDENT) rove or disapprove of any B. Changes in Project Manager. The City shall have the right to approve The City shall be from Oshkosh, WI 54903-1130 hitp://,NWW.c1.oshkosh.v�l•us .the individual named above as ProjectManager. proposed changeBox 1130 City Hail, 215 Church Avenue P.O. substitute and shall be given the velope ID: 15194BAD 38E1-4DFF-B39E-91F41962831 G�cusign E� Propose or other information fox any posed change. a resumethat person prior to any pro CAPy provided With interview opportunity REPRESEN TATID his contract: ARTICLE ITI. C dual to manage the protect described m assign the following mdivi The City shall -L SERVICES MANAGER) (jON URBEN, GENERA k BIp for the Project SCOPE OF WORK ,s IN�]ITATION FOR ar 6, 2023, and ARTICLE IV the City RARy„ dated lams Y fficts with the services described OSII PUBLIC LIB coil shy provide ENTS. OSIIK thing in the Bid Form The Contractor UNIT REPLACEM as Exhibit A• If any e cations shy SoQem. titled "ROOF TOP materials attache nested the Bid Sp e Teq the contractor's bid foam an m Specifications' the provisions in roducts/services ax the Bid Sp T0ducts and/or services if such p xovide additional p The Contractor may p e xesentative of the City m tivriting by the Authorized R p CITIES the Contractor to aid RESPONSIB oxmation as is needed by ARTICLE V. Cil�l nest, such u1f able from City records. furnish, at the Contractor's -request, obtain other roviding it is reasonably reports and The City shall e project, p e City will examine ail p e progress of th p ,work work witivn a reasonable time in the Contractors to proceed with Tounxeasoneby ut author necessary prevent any documents and w� mak period. tember 1, 2023. TEE Op COMPLETION act shall be completed by no later than September ARTICLE VI. erfoxmed under this contr Parties writing The work to be p reed upon by both es to this completion date must be ag Any Chang e contract e exformanCe of th ARTICLE VII. MINT Contractor for th greed upon in writing Contract Sum• The City shall pay ny changes hereafter mute Y a A The Contr adjusted by the sum of $554,500.00 J by the parties hereto . Agreement. statements for service duration of this Agr ed montIn'hly statem for the t items t of such statement. Conft tractor shall submit s after receip amount and sh B. Fee sched f Pash e t The 30 calendar clays a ment of such am Method ° the Contractor within withhol p Y i shall pay the City maY old payment. Tit The City dis uted, s for withhd set forth in a w ent amount is p ent as to the xeason(s) be negotiated an any statem tatem provide to Contractor a s ii. Additional Costs. Costs\ fox additional services sh D 38E1-4DFF-639E-g1F41962831C Envelope tD� 151946A ' , p;cuSign COPS I a;,jifi 0SYly-DS" C•TOR AGREEME gg PUBLIC LIBRAR CONTRA VA OSHKO OSH O SH, TOp UNIT REpL CITY F OSHKOSH etweent CITY OASV0GTON ROO b andb C , 617 S�" day of pEBRIJ ��20�a S IZE FTREe CONTACTOR, the 1 ex referred th T made °n referred to aft eferred to IS AGREEMEN 'arty hexeinex wi 53032, hexe1n TH of the first p 1 HORICON, e fOhOvaing party 0. BOX 19 , TNESSETH: hex named' enter° into 'he except exation herein the azeexr`e the consid dreflects xevail• the COntractox, fax is attachedhexeto an ent shah p d osal this a,, That men 1 Th Cty on�a�°S�a�ee ent, in �^'hlch case CT s contract tract cts with CONTRA a Vast of this N,here it Conflicts THE are as fully COW Ol lENT -ARTS OF au of which p,RTICl EI e following Co I-IAeas hereto attached fact consists of` Ox if not attach This con set out vexbab3n, as if herein A This Instruxnent osal Sohcltation cts wit any prop s contact confv exated B. arts of thi art first end C Contractor's proposal of the above component pthe component p t as xnaY be any file provision o sit nurnexically ex ce rovision i a onent parts, . h Poll 'the event any °the Of the other component part wi. prOvisionalml govern over any above sh ecifically stated• dividual to xn2 other^nse sp GER the fohOwing m LB II I'RO CT MANAThe COntractox sh�l assl�` ARTIC anagex • ent of pxOlect this conuact: A Nssignm ct described n` disapprp°E p EVICH, VICE PRBSIDENTi e right to appxOva ex. The City (TgD MALES e ti` O ect Max' g e City Shall -have pr l Manage', named above aS 130 http: •ci.oshKosh wi.us project M indivi.dual Wt 54903- B. Changes change fxOm ti`e p.0. Box 1130 Oshkosh, prOp°sea o1i 215 Church Avenue City G�ucuSign Envelope ID: 151946AD-38E1-4DFF-639E'91F41962831C to and shad be given the orrnation for any proposed substitute a resume or other inf riot to any proposed change. pY provided with opportunity to interview that person p co opp ARTICLE III. CITY REPRESENTATIVE the roject described in this contract: The City shall- assign the following individual to mana5e r (ION BEN, GENERA-L SERVICES MANAGER) SCOPE OF WOE BID for the Project ARTICLE IV. the City's INVITATION FOR 2023, and " dated January 61 Provide the services described in rUBLIC LIBRARY bit A. If any in the Bid Form conflicts with The Contractor shall REPLACEMENTS: OSHK titled "ROOF TOP d materials attached as Exhi overn• s the provisions in the Bid Specifications shall g requested the contractor's bid form an roducts�services are the Bid Specifications, vide additional products and/or services if such p The Contractor may pro . rized Representative of theCity' m writing by the Autho RESPONSIBLITIES ARTICLE V. CITY the Contractor to aid such information as is needed ords. furnish/ at the Contractor irequest, egTe t, such obtainable from City The City shall fu roviding � the progress of the protect, p all Teports and other la in the Contractor's work the City will examine To prevent any unreasonable delay cessary to proceed with worlc within a reasonable time documents and willmake any authorizations ne period. E OF COMPLETION 2023. leted by no later than September 1, ARTICLE TIM rk to be performed under this contract shall be comp in writing. The wo on by both Parties Chan es to this completion date must be agreed up Any g PAYIvMENT ce of the contract ARTICLE VII. performance writing Sum- The City shall pay to theContractor ereafte mutually agreed upon m A The Contract S the sum of $554,500.00 adjusted by any Chang by the parties hereto. Bement. ed monthly statements for services. schedules shallbe firm for the duration of thitAg -g Fee ent The Contractor shall submi s after receipt of such statement, If 30 calendar day amount and shall i Method of Payrn withhold payment of such The City shall pay the Contractor the City may withholding payment. ount is disputed, s for withh d set for in a written any statement am otiated an additional services shall be neg provide to Contractor a sta Tea di as to the reason p Costs fo ii. Additional. Costs. 15194BAD 38E1 4�FF"g39E 91F41962931C roceeding Wit l the WOrk Gocusign Envelope io: both parties prior to p ent to this agreement executed by amendment amendment. 00— 'DP covered under the subject ameTidm PROVISIONS or resulting from this ARTICLE VIlI' possible by ment made p licant fox employment all hiring or employ employee or app TANT agrees in against any or national origin. The CONSI� of be any discriminationender identity/ ent, there will n sex, sexual orientation, g agreement color, religion, because of race, OLD C�RIvIT-._---- �nst all actions, TRACTOR TO H oshha trdess ag or result ARTICLE IX. CON dhold the City of Oshk y be caused by d agrees to protect ana in any `�'�a to ees or his ents or assigns, his emp Y The Contractor covenantsany kind or character whatsoever hi ag d demands of Y acts of the Contractor, e of this Contract or be caused or rest sums claims anperformance or refund to the City the intentional or negligentotel to the p mrufy ud ed to from ever -remotely lation, and shall rode y be obliged or adjudged for actors relatedhow strative regu Bich the City may s Written demand subcontr law or admini a es �^' fees and punitive dag Y any violation of any within thirty C da s of the date of the City, including court costs, attorney pay on any such claim - pay or demands w indemnification ox refund. NSURANCE e Cityof Oshkosh as an additional ARTICLE X. ro ect that includes the bit B. ce for this p J ro ect is attached as Exlu The Contractor shall p rovide insuran ce for this p J • sated. The contractor's certificate of insurance m of the NATION and roper mannerly ent ATZTICLE XI. TERN11 to fulfill in timely p ate this Agreem shall have the right to teimactor be entitled to Cause. If the Contractor sha the City o Contractor shall C. Fox der this Agreement, In this event, obligations tin the Contractor. completed. by written notice to usable work satisfactory, time by giving writteTi notice compensation for any If the City ate this contract at any ation date. e City may terminate clays before the termini Compensation for For Convenience. The 10 calendar Y be entitled to D, o later than then the Contractor shall to the Contractor n ar agr aph/ ation. terminates under this performed to the date of termini Agreement and any satisfactory work p d conditions °f the Agr orated s ecified attachments contain all. terms an d b both parties and incoxp d any p less made m wxitmg� sign Y This document anall be invalid un any alteration the shall reement. that the entity they as an amendment to this Ag individual affirms e are authorize, atures below, each that they their sign then affirm and condition lacing to this Agreement, and fur par to the terms atuxes. By orized d their respective p S� to enter in represent is a �eY are representing to bin by the entity of this Agreement. Si n Envelope ID: 151946AD-38E1-4DFF-B39E-91F4i96283iC pocu 9 CONCTOR DoCuSigned by: cGS� By: y Malesevich, President' Snxe-File, Inc' Case CITY OF OSHKOSH. CDoc,,,,U®Signed by: 9 1 A By: Maroh loff, City Managergex kA.R pocuSigned by; (Witness) C I -wl�o+w - Anl. LL`j---e---ss_ i BBaalcom' City Clerk (Witness) APPROVED: pocuSigned by: 42F6A3370h City Attorney ,hereby certify that the necessary provisions ade to pay the liability which have been m will accrue under this contract. 900;9� cu5lgnedby�,4�� / . oller Gocusign Envelope ID: 15194BAD-38E1-4DFF-g39E'91F41962831C I CITY OF OSIIKOSH INVITATION ENTSBID R OOF TOP UNIT RE Y C OSHKOSHO OBLICLIBRARSAL FORM BID PR Pagelof2 (bidder's company name) Fxom: sure -Fire Inc. FEBRUARY 2' 2023 BID SUBMITTAL DEADLINE: BY 10:00 A.M•t THURSDAY, Date: 2/ 2/ 2 0 2 3 understood, 1 1 f ------ are hereby bidder'sbid proposal form ipt of Addenda numbered oIf no addenda were issue Addenda: Rece acknowledged and included in for this project please write "NIA" above. carefully examined the drawings for Bids and having ro osed work and having In compliance will' the advertising k and the Site of the P p laws, codes, es, regulations, and/OR Specification for the W e work, the the undersigned all of the conditions of to this project, determinedgoverning circumstances relating ent necessary to complete the ll ordinances, and other g Materials and Egtupm proposes to furni sh all Labor, m s and described in the project manual to include a B Submission of this Bid, each construction indicated on the maw g erg' satisfaction. Y leted to the Own thereto certifies as to its own described work co a m the case of a joint Bid, each park' without consultation, pendently wi other Bidder Bidder certifies, an to this Bid and with any organization, that this Bid has boeam�er xe acting e h all labor and In or agreement as communication, e the undersigned, pTO]?ose to furnish amount(s): or with any competitor. W , project specifications or noted deviations for the following per the pr J p $ 554 500* TOTAL BASE BID: t _four -thousand, five -hundred dollars five -hundred-f if y ords (Base Bid Price T, . Units need be released * Base bid price includes Aaon within 60 days of bid date. SIGNATURES Inc . 2023-- Name of Company. sure -Fire Date: 2/2.__ �--case m@surefireinc.cor Malesevich/ Pres Email: Submitted (name/title) Case PO Box 191 Submi y' de) Washington st•% Phone: 920 485-4883 Addres s of CompanY Boricon WI 53032 20 uocuSign Envelope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C s � CITY OF OSHKO INVITATION BID: ROOF TOP UNIT REPLACEMENTS OSHKOSH PUBLIC LIBRARY BID PROPOSAL FORM Page 2 of 2 KOPY m an Representative that will be named Project Manager for this project, if awarded Co p Y the bid: Ted Malesevich Title Vice President Signature _ an Representative authorized to sign contracts electronically via DocuSign: Comp y p Name; Case .Malesevich Email: case m@surefireinc. com this Proposal from the Plans and That I have examined and carefully prepared this Proposal; that I and submit this Proposal in (its) (their) behalf, S ecifications and have checked the sets detail before submitting P have full authority to make such statements and that said statements are true and correct, lk Title President Signature ear labor material f Warranty Details: Per manufacturer lus 1 21 om SC Date CITY OF OSHKOSH BAD-8--- Bond Number Ni Unit Replacements: Contract NumberRoof Top 2 2023 February Oshkosh Public Library _w-- a_ Date of Contract or Later Date Bond Executed ( - Type of Organization 0Individual ❑ Partnership rt CIPALICONTRACTOR (Legal Name and Business Address)oration PRIN ® Corp Sure -Fire, Inc. 617 Washington Street State of Incorporation HoricOn, WI 53032 Wisconsin Penal Sum of Bond Five Percent (5%) s and Business Address(es)) of the Amount Bid SURETY(IES) osit�aompany Name( Fidelity and Dep 1299 Zurich Way Schaumburg, IL 60196 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION - �,- administrators, successors executors, - ~ is the bid of this their heirs, and severally, bind themselves, be agreed upon The Contractor and Surety, jointly enal sum identified above if thee owner asamay 5 business and assigns to the Owns e for the amount of the p a claim upon this Bond. t specified in the bid documents or within such time Contractor shall fail to execto the Contract within five ( ) Contractor within the of Owner's intent to make between the owner e o he Contractor and Sure Contr-cety of written n t between the Owner and Contractor to extend the time In days agree waives any notice of an ag gives such The Surety hereby accept the bid. which the Owner may faithful o the Owner the th performance of the Contract and for the contract with Owner in accordance with the terms of the s i an documents for the fa ur ose thereof, or pay in good faith If the Contractor ebeespecified inothe bidding furnished for the p p bonds) that may materials and supplieser amount for which the Owner may g p rompt payment of labor, ecified in the bid and such larg then the Surety and the Contractor shall have difference between the amount sp person with another party perform the work covered in such bi , contract wi upon delivery to an officer or p no obligation under this Bond. given: (i priority, registered or certified mail shall be deemed to have been elivered by p the date and or a upon delivery oticeE Notice to the Contractor or Surety 'ii upon delivery by a commercial of reeectronic transmission. N entitled to such notice, if hand delivered; ()facsimile, email or other form ecified on this Bond or to through the United States Postal Service, () to the other party to be used for thi or iv upon transmission if by provided in writing time of delivery; () e Owner, Surety and, Contractor at their address as s shall be provided to th facsimile, email or other electronic address that h purpose. The laws of the State of Wisconsin shall govern the interpretation and ovisi nconstruction th s Bond that may onflicWinnebago h County shall be the venue for all disputes arising under this Bond. Any p e herein.ed deleted herefrom and provisions conforming to the statutory or statutory or other legal requirement shall be de other legal requirement shall be deemed incorporated Sure -Fire, Inc Name of Principal/Contractor Fidelity and Deposit Company of Maryland Name of Surety J /f f" r� Title Kathryn A. Weidner, Attorney -in -Fact 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 Illinois, and the FIDELITY by AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), anies, , which are Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Comp 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 Judith A. WALKER, Jenny L. HIRTH, David ZENOBI, Patrick A. MCKENNA, Brooke L. PARKER, Kathryn A. WEIDNER, Jay A. ZAHN, Lynn E. POTTER of Madison, Wisconsin, 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 the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of August A.D. 2022 4.g.Y p l P Sj i, r'4,.o i SEAL Ai `SLAL 1, ,,t SC6�L � „<,tx,�a�•" „.,a,x„. F.E.. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND B3 • Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 26th day of August, A.D. 2022, before the subscriber, a No Public of the State of Maryland, duly commissioned and qualified, Robert D. E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who Murray, Vice President and Dawn e, and being by me duly sworn, deposeth and saith, that be/she is the said officer of executed the preceding instrument, and acknowledged the execution of sam 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, 2023 4ineuWeee Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 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 seal, appoint attomeys-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 a,,., �,, :_.__ __. time." .. . CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INS CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPCANY OF MARYLAND, COLONIAL ohereby hLcertAify hat he 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 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 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 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 1 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 2nd day of February 2023 TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CITY OF OSHKOSH PERFORMANCE BON-,,-,,,,--- .- Roof Top Unit Replace-ments: 9405229 - Contract Number Oshkosh Public Library Bond Number City of Oshkosh 152023 Date Bond Executed (Date of Contract or Later) February, P PRINCIPALICONTRACTOR (Legal Name and Business Address) Sure -Fire, Inc. 617 Washington Street Horicon, WI 53032 SURETY(IES) (Legal Name(s) and Business Address(es)) Fidelity and Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL60196 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership 0 Corporation State of Incorporation Wisconsin Penal Sum of Bond $554,500.00 tors rators, successors execu _~ jointly and severally, bind themselves, their heirs, erfo manceaof the tCont act identified The Contractor and Surety,) y and assigns to the Owner for payment of the sum shown above or the p reference. above, which is incorporated herein by ion and any warranty period required by the This Bond shall cover any work performed during initial construct Contract. performed or to perform s required under the If there is no Owner Default to pay the Contractorn the Surety(es) obligation under this Bond shall arise after: or complete any material term of the Contract, then that the Owner is considering declaring the business days of the Owner's notice, either the 4• The Owner provides oftheo the Conttrithin five (5) buy caner to discuss such default and the Contractor in default may q lace at Contractor or the Surety request a conference with the O business days of the therefor. if a conference is requested, the conference onrtocation within five (5) led to take p ed a remedy t al lace of business or another agreed p agree, the Contractor may be allow Owner's principal p right, if any, request for conference. If { eOContractobut such agreement shall not waive the Owner's rig reasonable time to perform to subsequently declare the Contractor in default; accordance with the terms of the 5. The Owner decl ares the Contractor in default and no the 1Suretyeof the declaration of default; an g The Owner agrees to pay the balance of the Contract cted tto perform the Contract. C ntractor sele • Contract to the Surety or to a qualfied o Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. provided above, the Surety shall promptly and at Surety's expense take one of the Upon notice from the Owner as p following actions: complete the Contract; perform and comp or independent 6. Arrange for the Contractor, with co complete thensent of Contractr itself, through qualified agents 7. Undertake to perform and comp contractors; als from qualified contractors acceptable to the Owner to enter into a secured with 8. Obtain bids or negotiated propos he Owner for performance and completion of the Contract, amounb n excess of the contract with t to the Owner as damages any professional, performance and payment bonds, and to pay additional legal, design p completion of the Contract; any from any delay in the completion of the Contract; and any original contract amount for the comp delay in the completion architect, or consultant fees resulting es specified within the Contract resulting from any applicable liquidated damages of the Contract. practicable after an amount is determined for completion of g. Make payment to the Owner, as soon as p the Contract; or ecificit the reasons for such denial. 10. Deny liability in whole or in part and notify the Owner, citing with sp Y promptness, Owner may give notice to the Surety and the Surety roceee Surety d with reasonable)us business days after notice by the Owner demanding s the Surety does not p remedy available to Owner upon shall be deemed in default on this Bond five (5) perform its obligations under this Bond. Owner shall be entitled to enforce any 2 default. complete the Contract itself under Paragraph Except for default of the Surety and Surety's election to perform . above above, Surety's liability shall be limited to the amount of this Bon given: i upon delivery to an officer or person if delivered by priority, registered or certified mail Notice to the Contractor or Surety shall be deemed on°delve delivery g' P entitled to such notice, if hand al Service; or (ii) U delivery by a commercial carrier that will certify the date and (...) through the United States postal if by facsimile, email or other form of electronic fed ton this Bond or time of delivery; or (iv) upspecified art to be used for this shall be provided to the owner, address thaturety rhas been provided in writing to the other party facsimile, email or other electron purpose. govern the interpretation and construction of this Bond. Winnebaconflict with The laws of the State of Wisconsin slas ing under this Bond. Any provision in this Bond tha tomay statutory or County shall be the venue for all dispute or or other legal requirement shall be deemed hterein herefrom and provisions conforming statutory other legal requirement shall be deemed incorporatedagreements of the perform and fulfills all the terms, conditions and e pensions thereof. The above obligation is void if the Contractor p the term of the original Contract and any Contract and any authorized modifications mfi ate ns agreed upon by Owner and Contractor. Notice to the Surety is waived for any Fieldit and De osit corn an of Ma land Sure -Fire, Inc. Name of Surety Name of Principal/Contractor 4tl rKathryn A. W idner, Attorney -in -Fact Titl 4��J / 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 Judith A. WALKER, Jenny L. HiRTH, David ZENOBI, Patrick A. MCKENNA, Brooke L. PARKER, Kathryn A. WEiDNER, Jay A. ZAHN, Lynn E. POTTER of Madison, Wisconsin, 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 the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of August, A.D. 2022. fAL F i } "'EAi ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murrnv Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 26th day of August, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, 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, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.coin or 410-559-8790 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 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 revolve any such appointment or authority at any time." CERTIFICATE I, 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 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 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 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 loth 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 15th day of Fcbmary 2023 w S'E E ER ; AA9 By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO; Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph:800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: _ x yR11 Authenticity of this bond can be confirmed at bdndvalidator.zurichna.com or 410-559-8790 CITY OF OSHKOSH ENT PAYMBON- ��� Roof Top Unit Replacements, Bond Number 9405229 Contract Number Oshkosh Public Library City of Oshkosh 15, 2023 Date Bond Executed (Date of Contract or Later) February _...._^ Type of Organization PRINCIPAUCONTRACTOR (Legal Name and Business Address) ❑ Individual ❑ Partnership Sure -Fire, Inc. © Corporation 617 Washington Street Horicon, WI 53032 State of Incorporation Wisconsin Penal Sum of Bond SURETY(IES) (Legal Name(s) and Business Address(es)) $554,500.00 Fidelity and Deposit Company of Maryland 1299 Zurich Way Schaumburg, IL60196 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATIO jointly and severally, bind themselves, their heirs, executors, administrators, rrance of the successors The Contractor and Surety, j y for labor, materials and equipment furnished for use in temp and assigns to the Owner to pay subject to the following Contract identified above, which is incorporated herein by reference, and defends, indemnifies and holds payment of all sums due to claimants,indemnifies for labor, If the Contractor promptly makes pay an person or entity seeking payment performance of the Contract, then the Surety and the Contractor harmless the Owner from all claims, demands, liens or suits by Y P materials or equipment furnished for use in the p shall have no obligation under this Bond. performed or to perform If there is no owner Default to pay the Contractor as required underotbli obligation under thisact for Bond shall arise after the of claims, demands, liens or suits against the Owner or or complete any material term of the Contract, then the Surety of lain g equipment furnished for use in Owner has promptly notified the Contractor and the SuaerrYent for labor, materials or equip the Owner's property by any person or entity seeking payment the performa nce of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. performance of the Contract and to the Contractor furnishing and the Owner accepting this Amounts owed by the Owner to Contractor under the Contract shall be used or satisfy claims, if any, under any Performance Bond. By erformance of th Bond, they agree that all funds earnee Contract are dedicated to satisfy d by the Contractor in the p ty under this Bond, subject to the Owner's priority to use the funds fort e obligations of the Contractor and Sure completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall are d sr uted and theth a copy to speci is basisOwner, ithin for challengingxany amountdays thatthe ds putedthe orpayclaim, or arrange the r amount that p payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Sure -Fire Inc Fidelity and Deposit Company of Maryland Name of Principal/Contractor Name of Surety Title Title Kathryn A. Weidner, Attorney -in -Fact 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, 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 Judith A. WALKER, Jenny L. HiRTH, David ZENOBI, Patrick A. MCKENNA, Brooke L. PARKER, Kathryn A. WEiDNER, Jay A. ZAHN, Lynn E. POTTER of Madison, Wisconsin, 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 tare 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 26th day of August, A.D. 2022 95 SY 41 r i tir SEAL _ c tf KCAL ' i ,, . ..> SEAI. a = =a z zi ate-•„ x'. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murrav Vice President t l�ct;+f��i � t�fLfttt>� By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 26th day of August, A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, 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, 2023 Authenticity of this bond can be confirmed at bondvandator.zurichna.com or 410-559-8790 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 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 I, 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 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 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 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 loth 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 15th day of February 2023 711M R �oq a�.c_ k, By: Maly Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph: 800-626-4577 If your jurisdiction allows for electronic reporting of surety claims, please submit to: i rt Eti Authenticity of this bona can be confirmed at bondvafldator.zurichna.com or 410-559-8790