HomeMy WebLinkAboutSystem Technologies/Public Library Fire Panel - System TechnologiesDocuSign Envelope ID: 9D59CO96-333C-4FOC-AC2B-CB97C71BOOA3
COPY
CONTRACTOR AGREEMENT:
CITY OF OSHKOSH
OSHKOSH PUBLIC LIBRARY
FIRE PANEL AND FIRE INITITATION AND NOTIFICATION DEVICES
THIS AGREEMENT, made on the 301h day of APRIL, 2024, by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and SYSTEMS TECHNOLOGIES, 731 COUNTY
ROAD DDD, WRIGHTSTOWN, WI 54180, 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. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Justin Burton, Fire and Security Specialist)
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID: 9D59CO96-333C-4FOC-AC2B-CB97C71 BOOA3
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. —e CITY StInt L e
provided with a resume or other information for any proposed substitute an Jh e
opportunity to interview that person prior to any proposed change. ✓"
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Mike Blank, Facilities Project Coordinator)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "FIRE PANEL AND FIRE INITIATION AND NOTIFICATION DEVICES REPLACEMENT" dated
February 23, 2024, Addenda 1 of 1 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 RESPONSIBLII'IES
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 Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any
changes to completion dates must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor $71,075.00, 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.
DocuSign Envelope ID: 9D59C096-333C-4F0C-AC26-CB97C71 BOOM
ii. 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 procee g wi'm Tie
covered under the subject amendment. COPY
ARTICLE VIH. STANDARD PROVISIONS
The CONTRACTOR 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.
DocuSign Envelope ID: 9D59CO96-333C-4FOC-AC2B-CB97C71 BOOM
APPROVED:
DocuSigned by:
[4ZAII�
42E6A3370E81498
City Attorney
SYSTEMS TECHNOLOGIES COPY
DocuSigned by:
By:
Nick Schoch, Systems Technologies
CITY OF OSHKOSH
DocuSigned by:
By
Mark A. Rohloff, City Manager
DocuSigned by:
And: :.
Diane Bartlett, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
(� DlocuSii/gnn�ed/by:
Il /' I l,ci1.
City Comptroller
DocuSign Envelope ID: 9D59C096-333C-4F0C-AC2B-Cl397C71 1300A3
From:
CITY OF OSHKOSH INVITATION FOR BID:
FIRE PANEL AND FIRE INITIATION AND NOTIFICATION DEVI Ilk opy
REPLACEMENT: OSHKOSH PUBLIC LIBRARY
BID PROPOSAL FORM
Page 1 of 2
Systems Technologies
(bidder's company name)
BID SUBMITTAL DEADLINE: BY 10:00 A.M., TUESDAY, MARCH 26, 2024
Date: 3-20-2024
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: $ 71,075.00
Seventy One Thousand Seventy Five Dollars
(Base Bid Price — in Words)
17
DocuSign Envelope ID: 9D59C096-333C-4F0C-AC2B-CB97C71 1300A3
CITY OF OSHKOSH INVITATION FOR BID:
FIRE PANEL AND FIRE INITIATION AND NOTIFICATION DEVI .lU Opy
REPLACEMENT: OSHKOSH PUBLIC LIBRARY
BID PROPOSAL FORM
Page 2 of 2
Date: 3-20-2024 Name of Company: Systems Technologies
SIGNATURES
Submitted by: (name/title) David Spielbauer -Account Manager Email: ,
731 County Rd DDD
Address of Company: Wrightstown, WI 54180 Phone:
David.Splelbauer@pieperpower.com
920-886-6800
Company Representative that will be named Project Manager for this project, if awarded
the bid: Justin Burton, SET
Signature ���A Title Fire &Security Specialist NICET IV #119337
�Jwuoti-.
Burton178337
Company Representative authorized to sign contracts electronically via DocuSign:
Name:
Nick Schoch Email: NIck.Schoch@pieperpower.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
Warranty Details:
Title Account Manager
CC
One Year Parts and. Labor From Date of Substantial Completion.
**If Systems Technologies Performs the Annual Test, Edwards Will
Extend the "Parts" Warranty to Five Years.
Other Notes:
1. Our proposal is a direct one -for -one replacement based on the Quantity of devices and
information provided in the RFP.
2. We have concerns about how the releasing of the deluge system is controlled; supervised and
tested. Our proposal utilizes a K1DDE VM series panel, and is UL Listed for "Releasing" using
releasing modules and disconnects. Should this functionality be desired in the future, this fire
alarm system, with appropriate added modules and programming, will be able to accomplish
this.
A lip,
NW =A..1 Document A310TM 2010
Bid Bond
CONTRACTOR:
(Name, legal status and address)
PIEPER ELECTRIC, INC. DBA SYSTEMS
TECHNOLOGIES
731 County Road DDD
Wrightstown, WI 54180
OWNER:
(Name, legal status and address)
CITY OF OSHKOSH
215 Church Avenue, Oshkosh, Wl 64903-1130
BOND AMOUNT: Five Percent of Amount bid
(6% of Amount Bid)
PROJECT:
SURETY:
(Maine, legal status and principal place
of business)
FIDELITY AND DEPOSIT COMPANY OF
MARYLAND
1299 Zurich Way
Schaumburg, IL 60196.1056
This document has Important legal
consequences. Consultation with
an attorney Is encouraged with
respect to Its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
(Maine, location or address, and Project number, tf any)
Fire Panel and Fire Initiation and Notification Devices Replacement - Oshkosh Public Project Number, if any:
Library
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided lierein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such
bid, and gives such bond or bonds as may be specked in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specked in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives tiny notice of
an agreement between the Owner and Contractor to extend the time In which the Owner may accept the bid, Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the tern Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted lierefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
funaislaed, the Intent is that this Bond shall be construed as a statutory bond and not as a cormnon law bond.
Signed and sealed this 26th day of March, 2024
�/J PIEPER ELECTRIC, INC. BA SYSTEMS TECHNOLOGIES
.�!-tom. (Pr pa , (Seal)
(EYitness)
Mile)
� ```�IpiII1111rgryl
` FIDELITY AND DEPOSIT COMPANY OF MARYLAND ���� p8\t colhp�
(6 ss r ) l �oP VA o�
(Title) Tru y . Szale ttorney in Fact SEAL
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AIA Document A310TM — 2010. Copyright 0 1963,1970 and 2010 by The American institute of Architects. All rights reserved.
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 Kelly CODY, Brian KRAUSE, Roxanne JENSEN, Trudy A, SZALEWSKI, Jeffrey S. MOORE, Marc SACIA. all of Green Day,
Wisconsin, Its true and lawful agent and Attorney -in -Tact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its not
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 05th day of July, A.D. 2023,
,,nun«" wu"u
.01N"�Ctsuub 'rri,�; `��d� VA riry�g,`` "a SW 0o�jp4..
QyO� a, � DeCAQ4O t,j.'�
'h,,rr ..., n`a,a °��h�dta`0� 4,o/y�:!}°•�d°•f
nununo «ru",ni r««"uaATTEST.
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Ytce President
By: Dmyn E. Brown
Secretary
State of Maryland
County of Baltimore
On this 05th day of July, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Drown, 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 officerof
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 %Note 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.
'J.g�
/4B1.1e
[vaHothea
Noury PA110
My commksioa F.xpiru September 30, 202r
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 ofthe 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 Attornoy...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 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 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 seats of the said Companies,
this 'day of r 4 c)j
A. 0111111/ `ddNlnr"/r 4PQ W/�q
a�,��w,s� +r�wtuR„rv43$ �a o°�y��i
'�16rn11111iW� ���h+/i1111 M��a` r�prllllln�l"aA
_7KqPdAi4,L
By: Mary Jean Pethiek
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, TIIE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
renortsfelaims0murichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
• ; u : ► i7►l
Contract Number Bond Number 9452064
Date Bond Executed (Date of Contract or Later) May 28, 2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address)
SYSTEMS TECHNOLOGIES
731 County Road DDD
Wrightstown, WI 54180
SURETY(IES) (Legal Name(s) and Business Address(es))
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1299 Zurich Way
Schaumburg, IL 60196-1056
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
[R Corporation
State of Incorporation
Wisconsin
Penal Sum of Bond
$71,075.00
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: (1) 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.
SYSTEMS TECHNOLOGIES
Name of Principal/Contractor
Tit,e
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Name of Surety
t
_'',,, -'
Title Trudy A. Szalerwski, Attorney -in -Fact
PAYMENT BOND CITY OF OSHKOSH
Contract Number Bond Number 9452064
Date Bond Executed (Date of Contractor Later) May 28, 2024
PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization
SYSTEMS TECHNOLOGIES
731 County Road DDD
Wrightstown, WI 54180
❑ Individual ❑ Partnership
® Corporation
State of Incorporation
Wisconsin
SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond
FIDELITY AND DEPOSIT COMPANY OF MARYLAND $71,075.00
1299 Zurich Way
Schaumburg, IL 60196-1056
OWNER (Legal Name and Business Address)
CITY OF OSHKOSH
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
OBLIGATION
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; (ill) 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.
SYSTEMS TECHNOLOGIES
Name of Princip l/Contractor
Title
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Name of Surety
k�
Title Trudy A. Silewski, 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 Kelly CODY, Brian KRAUSE, Roxanne JENSEN, Trudy A. SZALEWSKI, Jeffrey S. MOORE, Marc SACIA all of Green Bay,
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
By: Robert D. Allurray
Vice President
By: Dmim E. Brown
Secretary
State of Maryland
County of Baltimore
OF MARYLAND, this 05th day of July, A.D. 2023.
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u" Y.0nnrm,a,a `O` ATTEST
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On this 05th day of July, A.D. 2023, 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.
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Iva Bethea
Notary Public
My Commission Expires September 30, 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 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 day of
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"4SEAL SEAL}s- a >l SEAL`�)o
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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
INFORtMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
renortsfclaims n.zurichna.com
800-626-4577
Authenticity of this band can be confirmed at bondvalidator.zurichna.com or 410-559-8790