HomeMy WebLinkAboutLibrary Roof Top unit Replacement/ Sure-Fire IncQt;cuSign E velope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C
CITYof COPY
Oshkosh
CONTRACTOR AGREEMENT:
ROOF TOP UNIT REPLACEMENTS: OSHKOSH PUBLIC LIBRARY
CITY OF OSHKOSH
THIS AGREEMENT, made on the 1511, day of FEBRUARY, 2023, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and SURE-FIRE, INC., 617 WASHINGTON
STREET, P.O. BOX 191, 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.
ARTICLE I. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a part of this contract
as if herein set out verbatim, or if not attached, as if hereto attached:
A. This Instrument
B. Proposal Solicitation
C. 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 H. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(TED MALESEVICH, VICE-PRESIDENT)
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
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C
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.
ARTICLE III. CITY REPRESENTATIVE COPY
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 "ROOF TOP UNIT REPLACEMENTS: OSHKOSH PUBLIC LIBRARY" dated January 6, 2023, and
the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with
the Bid Specifications, the provisions in the Bid Specifications shall govern.
The Contractor may provide additional products and/or services if such products/services are requested
in writing by the Authorized Representative of the City.
ARTICLE V. CITY RESPONSIBLITIES
The City shall 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 September 1, 2023.
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 $554,500.00 adjusted by any changes hereafter mutually agreed upon in writing
by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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.
ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written
GocuSign Envelope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C
amendment to this agreement executed by both parties prior to proceeding with the work
covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS COPY
The CONSULTANT agrees in all hiring or employment made possible by or resulting from this
agreement, there will not be any discrimination against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. 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 adjudged 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 X. 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 XI. TERMINATION
C. 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.
D. For Convenience. The City may terminate this contract at any time by giving written notice
to the Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation for
any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions of the Agreement and
any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated
as an amendment to this Agreement.
Signatures. By placing their signatures below, each individual affirms that the entity they
represent is authorized to enter into this Agreement, and further affirm that they are authorized
by the entity they are representing to bind their respective parties to the terms and conditions
of this Agreement.
UocuSign Envelope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C
(Witness)
(Witness)
APPROVED:
EDocuSigned by:
42F6A3370E81498...
City Attorney
CONTRACTOR
DocuSigned by: V OPY
By: 74444E8C3586460 -
Casey Malesevich, President, Sure -Fire, Inc.
CITY OF OSHKOSH
DocuSigned by:
By: E222ER,2Q7D8EZ'AA9'
-
Mark A. Rohloff, City Manager
DocuSigned by:
E
And:2A2d7AGn0AgjAPn
Jessi Balcom, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
DocuSigned by:
City Comptroller
DocuSign Emelope ID: 15194BAD-38E1-4DFF-B39E-91 F41962831 C
CITY OF OSHKOSH INVITATION FOR BID:
ROOF TOP UNIT REPLACEMENTS COPY
OSHKOSH PUBLIC LIBRARY
BID PROPOSAL FORM
Page 1 of 2
From: Sure -Fire, Inc. (bidder's company name)
BID SUBMITTAL DEADLINE: BY 10:00 A.M., THURSDAY, FEBRUARY 2, 2023
Date: 2/2/2023
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/OR specification for the Work and the Site of the proposed work and having
determined all of the conditions of the work, the rules, regulations, laws, codes,
ordinances, and other governing circumstances relating to this project, the undersigned
proposes to furnish all Labor, Materials and Equipment necessary to complete the
construction indicated on the drawings and described in the project manual to include all
described work completed to the Owners' satisfaction. By Submission of this Bid, each
Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own
organization, that this Bid has been arrived at independently without consultation,
communication, or agreement as to a matter relating to this Bid and with any other Bidder
or with any competitor. We, the undersigned, propose to furnish all labor and materials
per the project specifications or noted deviations for the following amount(s):
TOTAL BASE BID: $ 554, 5 0 0*
five -hundred -fifty -four -thousand, five -hundred dollars
(Base Bid Price - in Words)
* Base bid price includes Aaon RTUs. Units need be released
within 60 days of bid date.
SIGNATURES
Date: 2/2/2023 NameofCompany: Sure -Fire, Inc.
Submittedby: (name/title) Casey Males evi ch/ Pres Email: caseym@surefireinc.com
617 Washington St.; PO Box 191
Address of Company: Horicon WI 53032 Phone: (920)485-4883
20
DocuSign Envelope ID: 15194BAD-38E1-4DFF-B39E-91F41962831C
CITY OF OSHKOSH INVITATION FOR BID:
ROOF TOP UNIT REPLACEMENTS COPY
OSHKOSH PUBLIC LIBRARY
BID PROPOSAL FORM
Page 2 of 2
Company Representative that will be named Project Manager for this project, if awarded
the bid: Ted Malesevich
Signature
Title Vice President
i
Company Representative authorized to sign contracts electronically via Docu ign:
Name: Casey Malesevich Email: caseym@surefireinc.com
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
Warranty Details: Per manufacturer, plus 1 year labor/material from SC Date
21
Contract NumberRoof Top Unit Replacements: Bond Number N/A
Oshkosh Public Library
Date Bond Executed (Date of Contract or Later) February 2, 2023
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
Sure -Fire, Inc.
617 Washington Street
Horicon, WI 53032
SURETY(IES) (Le al Name(s) and Business Address(es))
Fidelity and Deposit Company of Maryland
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
CITY OF OSHKOSH
Type of Organization
❑ Individual ❑ Partnership
® Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
Five Percent (5%)
of the Amount Bid
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this
Contractor within the time specified in the bid documents or within such time period as may be agreed upon
between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business
days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond.
The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in
which the Owner may accept the bid.
If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such
bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the
prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the
difference between the amount specified in the bid and such larger amount for which the Owner may in good faith
contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have
no obligation 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
Name of Principal/Contractor
AAtsev+d, #a--5 "
Fidelity and Deposit Company of Maryland
Name of Surety
Title Kathryn A. eidner, 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 T14ESE 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 undertaldngs, 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.
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SEAL m e
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: 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 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 (mown 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.cont 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 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 10th 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 1 2023
i yTr pp Oq�O is r•,y�� pF0 T♦�': �d" _?0
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By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLA01 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:
reportsfclaims@zufichna.com
Authenticity of this bond can be confirmed at bondvalidator.zurichna.conr or 410-559-8790
PERFORMANCE BOND
Roof Top Unit Replacements:
Contract Number Oshkosh Public Library Bond Number 9405229
City of Oshkosh
Date Bond Executed (Date of Contract or Later) February 15, 2023
PRINCIPAUCONTRACTOR (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
CITY OF OSHKOSH
Type of Organization
❑ Individual ❑ Partnership
x❑ Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
$554,500.00
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified
above, which is incorporated herein by reference.
This Bond shall cover any work performed during initial construction and any warranty period required by the
Contract.
If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after:
4. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the
Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the
Contractor or the Surety may request a conference with the Owner to discuss such default and the
remedy therefor. If a conference is requested, the conference shall be scheduled to take place at
Owner's principal place of business or another agreed upon location within five (5) business days of the
request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a
reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any,
to subsequently declare the Contractor in default;
5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and
6. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the .
Contract to the Surety or to a qualified Contractor selected to perform the Contract.
Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its
obligations.
Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the
following actions:
6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract;
7. Undertake to perform and complete the Contract itself, through qualified agents or independent
contractors;
8. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a
contract with the Owner for performance and completion of the Contract, to be secured with
performance and payment bonds, and to pay to the Owner as damages any amount in excess of the
original contract amount for the completion of the Contract; any additional legal, design professional,
architect, or consultant fees resulting from any delay in the completion of the Contract; and any
applicable liquidated damages specified within the Contract resulting from any delay in the completion
of the Contract.
9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of
the Contract; or
10. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial.
If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety
shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety
perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon
default.
Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2
above, Surety's liability shall be limited to the amount of 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.
The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the
Contract and any authorized modifications during the term of the original Contract and any extensions thereof.
Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor.
Sure -Fire, Inc.
Name of Principal/Contractor
Ti�tl �/J / /
P1-qS1 r
Fieldity and Deposit Company of Maryland
Name of Surety
ATiltlKathryn A. W idner, 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 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.
............. ,p111"111,11,1 ,,,11111I
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�SEAL�'_
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: 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 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.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 IOth 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
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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 TBE 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:
reportsfclaims�zurichna.com
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-5.59-8790
PAYMENT BOND
Roof Top Unit Replacements:
'Contract Number Oshkosh Public Library, Bond Number 9405229
City of Oshkosh
Date Bond Executed (Date of Contract or Later) February 15, 2023
PRINCIPAL/CONTRACTOR (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
CITY OF OSHKOSH
Type of Organization
❑ Individual ❑ Partnership
❑X Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
$554,500.00
The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Contract identified above, which is incorporated herein by reference, subject to the following terms.
If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds
harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor,
materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform
or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the
Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in
the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor
and the Surety.
Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to
satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy
obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the
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 answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the
amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for
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
Name of Principal/Contractor
Title
Fidelity and Deposit Company of Maryland
Name of Surety
i
Title Kathryn A. Weidnerney-in-
, AttorFact
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 undertaldngs, 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.
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��''h,,,,,,,,,,,,,,, ° """,,,o°,;.r° ',N,,,,,,,,,,,,, • ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murrav
Vice President
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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 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 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.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 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 15th day of February 2023
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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:
reportsfclaims@zurichna.com
Authenticity of this bond can be confirmed at bondvalidatonzurichna.com or 410-559-8790