HomeMy WebLinkAboutSure-Fire Inc Oshkosh Seniors Center Furnace Replacements1� _►iGlNnL
CONTRACTOR AGREEMENT:
OSHKOSH SENIORS CENTER FURNACE REPLACEMENTS
CITY OF OSHKOSH
THIS AGREEMENT, made on the 141h day of DECEMBER, 2016, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SURE-FIRE INC., 617
WASHINGTON STREET, 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:
1. Proposal Solicitation
2. This Instrument
3. Contractor's Proposal
In the event that any provision in any of the above component parts of this contract conflicts
with any provision in any other of the component parts, the provision in the component part
first enumerated above shall govern over any other component part which follows it
numerically except as may be otherwise specifically stated.
ARTICLE II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Gas y N,r,.t,.,,,yie4. Viee Preside+ 44 Edmi&rJ 'V JtSL,)1ct L 1 (o* jec ' Ir1Av,GgQ.i J
B. Changes in Project Manager. The City shall have the right to approve or disapprove of
any proposed change from the individual named above as Project Manager. The City shall be
provided with a resume or other information for any proposed substitute and shall be given the
opportunity to interview that person prior to any proposed change.
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
1
(Jon G. Urben, General Services Manager)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's Invitation for Bid for the
Project titled "Oshkosh Seniors Center: Furnace Replacements" dated November 5, 2016, 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 July 1,
2017.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of $48,300.00,
adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly statements for
services. The City shall pay the Contractor within 30 calendar days after receipt of such statement.
If any statement amount is disputed, the City may withhold payment of such amount and shall
provide to Contractor a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a
written amendment to this agreement executed by both parties prior to proceeding with the work
covered under the subject amendment.
2
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless
against all actions, claims and demands of any kind or character whatsoever which may in any way
be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns,
his employees or his subcontractors related however remotely to the performance of this Contract
or be caused or result from any violation of any law or administrative regulation, and shall
indemnify or refund to the City all sums including court costs, attorney fees and punitive damages
which the City may be obliged or 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 IX. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an
additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this
Agreement, the City shall have the right to terminate this Agreement by written notice to the
Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory,
usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the Contractor no later
than 10 calendar days before the termination date. If the City terminates under this paragraph, then
the Contractor shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the
Agreement and any alteration thereto shall be invalid unless made in writing, signed by both
parties and incorporated as an amendment to this Agreement.
3
In the Presence of:
IT
(Seal of Co tractor
if a Corporation.)
APPROVED:
Ai�ty Attorney
CONTRACTOR /CONSULTANT
By:��'�i
wia--
(Spe ' y Title)
By: -
Co r
Corp �;ecft
(Specify Title)
CITY OF OSHKOSH
Mark A. Rohloff, City Manager
And:
Pamela R. Uhrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
�Ma &
"o -)City Comptroller
C!
CITY OF OSHKOSH BID PROPOSAL FORM
OSHKOSH SENIORS CENTER: FURNACE REPLACEMENTS
Page 1 of 3
From: -I f. rQ - �/�r� (bidder's company name)
BID PROPOSAL DEADLINE: TUESDAY, NOVEMBER 29, 2016 Q 10:00 A.M.
Date: I) ! Z I / I le
Addenda: Receipt of Addenda numbered — of — 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 1,%7ith the advertising for Bids and having carefully examined the drawings
and specification for the Work and the Site of the proposed work and having
determined all of the conditions of the work, the rules, regulations, laws, codes,
ordinances, and other governing circumstances relating to this project, the undersigned
proposes to furnish all Labor, Materials and Equipment necessary to complete the
construction indicated on the drawings and described in the project manual to include
all described work completed to the Owners' satisfaction. By Submission of this Bid,
each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its
own organization, that this Bid has been arrived at independently without consultation,
communication, or agreement as to a matter relating to this Bid and with any other
Bidder or, with any. competitor. We, the undersigned, propose to furnish all labor and
with .
materials per the project specifications or noted deviations for the following amount(s):
BASE BID:
HC will replace four pre -selected high efficiency furnaces in the Oshkosh Seniors Center
South Building. This work will include removing the existing aged gas furnaces and
condensers, reusing the existing concrete pads for each replaced condenser. Include in
their bid ECDs control number for modifying the existing DDC system for new furnace
systems. Once complete, the HC must measure the CFM at each existing outlet and inlet
and then adjust as required. Include in their bid ECD's control number for modifying
the existing DDC system for new furnace use and features. Once complete, send Project
Engineer a copy of CFM readings.
TOTAL BASE BID $_°L5-m
(BaseBid Price – in Words)
_L/61UVL+0Li-u b&IL 'k - Use' �"ADk etiVglwt;- 1A hem, o�Traea,.
heAtuC.+ cur-+RDuSaavLJ d o IIarS ;rom 10aSe. i ( Y. 0000)
n I Q I 22 I I
Twtoima%Ior,a�+l Dl� ICDu� ` �� NA)Aa f "Pnovl2S JA t i !A "LE S
LX�Yk fioil torM� 2d�c,i- -i_40,`vp,-�,,� '' SaI2S fq�
P
CITY OF OSHKOSH BID PROPOSAL FORM
OSHKOSH SENIORS CENTER: FURNACE REPLACEMENTS
Page 2 of 3
ALTERNATE BID -l:
HC will add cost to replace like for like three of the existing furnace condensate pumps
and clear plastic hoses connecting the pumps to the sanitary drain. Note, furnace 8 is
hard piped to the sanitary drain and has no condensate pump. HC shall install a small
drip pan under the condensate pump to catch any condensate that may overflow a failed
PUMP.
ALTERNATE BID (ADD) $ L,Q0
(Alternate Bid 1 Add Price - in Words)
ALTERNATE BID -2:
HC to Deduct Cost from base bid to purge existing refrigerant lines, clean up and then
reuse the existing R22 lines for R410A Refrigerant. This process will require HC to
replace any insulation not properly adhered.
ALTERNATE BID (DEDUCT) $- _ ppD
.. ....... .......
(Alternate Bid 2 Deduct Price - in Words)
Izn are, aLle- i1v uA a Pfoper VACUUM.
Warranty Details: X Lucl,OLF16A 1616-r 6C CQ , nMQ, 4,
SIGNATURES
Date: Zg b Name of Company: Sc. re- - Cr :fn r -
Submitted by: (name/title) (�AScu �ulo<o►ilc� /yp Email: CASeUM�SIe!'2V-;r2,/l�,Coyv�
Address of Company: (I� kjr,��;nb-�an S�', Phone:
Hcric,DA 53032
Company Representative that w1111 be named Project Manager for this project, if awarded
the bid: A foivrt IVl�utan��
Name
Ti
That I have examined and carefully prepared this Proposal from the PIans and
Specifications and have checked the same in detail before submitting this Proposal; that I
23
CITY OF OSHKOSH BID PROPOSAL FORM
OSHKOSH SENIORS CENTER: FURNACE REPLACEMENTS
Page 3 of 3
have full authority to make such statements and submit this Proposal in (its) (their)
behalf, and that said statements are true and correct.
Signature Title
24
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
Sure -Fire, Inc.
as Principal, (hereinafter called the "Principal"), and Fidelity and Deposit Company of Maryland
, a corporation duly organized under the laws
of the State of Maryland , as Surety, (hereinafter called the "Surety"), are held and firmly bound unto
City of Oshkosh, Oshkosh, WI
as Obligee, (hereinafter called the "Obligee"), in the sum of Five Percent of the Maximum Bid
Dollars ($ 5 Percent Max Bid ' ), for the payment of which sum well and truly to be made, the said Principal
and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has submitted a bid for
HVAC
Oshkosh Seniors Center: Furnace Replacements
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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.
Signed and sealed this 21
Witness
day of November
A.D., 2016
Sure -Fire, Inc.
Princi 1
(SEAL)
Fidelity and Deposit Company of Maryland
p Surety
By
( SEAL)
Witness Ann Linzmeyer , Attorney -in -Fact
Printed in cooperation with the American Institute of Architects (AIA) by Fidelity and Deposit Company of Maryland
Fidelity and Deposit Company of Maryland vouches that the language in the document conforms exactly to the language
used in AIA Document A-310, February 1970 Edition.
BID70000ZZ0701f
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GERALD F. HALEY, 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 Patrick J. McCLONE, Jamie R. NICKEL, Brian J. MCCLONE, Diane McCLONE, Samuel McCLONE, Ann
LINZMEYER, Mallory A. SCOTT, Rhonda S. KLUESSENDORF, Mary Beth BARIBEAU and Troy Matthew CARLSON, all of
Menasha, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of April, A.D. 2016.
ATTEST:
4c-, 12), 151�
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
o
VCIs� a,.+•• � q�
NsuwY �° `'GrN , V
rrr � t f vi a �4iJ'�60�•�11�1 cP 9
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,ung "...., `'• y?.'t � '*�,'a�s;r
a At
Secretary Vice President
Eric D. Barnes Gerald F. Haley
State of Maryland
County of Baltimore
On this 29th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F.
HALEY, Vice President, and ERIC D. BARNES, 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 helshe 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.
1l
�I/r111111r��``
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA -F 1844489
Bond No. 09103976
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where
applicable.
CONTRACTOR (Name and Address):
Sure -Fire, Inc.
617 Washington Street
Horicon, WI 53032
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue, PO Box 1130
Oshkosh, WI 54903-1130
CONSTRUCTION CONTRACT
Date: December 14, 2016
Amount: $ 48,300
Forty - Eight Thousand, Three Hundred Dollars and no/100
Description (Name and Location):
City of Oshkosh Seniors Center: Furnace Replacements
BOND:
Date:
Amount:
December 21, 2016
48,300
SURETY:
Fidelity and Deposit Company of Maryland
(Not earlier than Construction Contract Date)
ht Thousand, Three Hundred Dollars and no/100
Modifications to this Bond: None QSee Section 16
Dollars
Dollars
CONTRACTOR AS PRINCIPAL SURETY
Company Company
Sure -Fire, Inc. Fidelity and Deposit Company of Maryland
Signature: Signature:
Name: Name: Ann Linzmeyer
Title: Title: Attorney -In -Fact
(Any additional signatures appear on the last page of this Performance Bond)
FOR INFORMATION ONLY — Name, address and telephone
AGENT OR BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
McClone
885 Western Avenue, Suite 100
Fond du Lac, WI 54935
920-929-8243
Language conforms to AIA Document A312 Performance Bond, 2010 edition.
PRF76003ZZ071If
1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise
after:
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a
Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a
conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the Owner shall attend. Unless, the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the
Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
4. Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except
to the extent the Surety demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by
the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract
Price incurred by the Owner as a result of the Contractor Default; or
5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner
to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the
Language conforms to AIA Document A312 Performance Bond, 2010 edition.
PRF76003ZZ071 If
commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication,
for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or
its heirs, executors, administrators, successors and assigns.
10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
14. DEFINITIONS
14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts
received or to be received by the Owner in settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
14.2Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
14.3Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
14.40wner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
14.5Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Language conforms to AIA Document A312 Performance Bond, 2010 edition.
PRF76003ZZ071 if
•
16. Modifications to this Bond are as follows:
(Space is provided below for additional signatures of addedparties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company
Sure -Fire, Inc.
Signature:
Name:
Title:
Company
Fidelity and Deposit Company of Maryland
Signature:
Name: Ann Linzmeyer
Title: Attorney -In -Fact
Language conforms to AIA Document A312 Performance Bond, 2010 edition.
PRF76003ZZ071 If
BOND NO.: 09103976
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Sure -Fire, Inc.
617 Washington Street
Horicon, WI 53032
OWNER (Name and Address):
City of Oshkosh
215 Church Avenue, PO Box 1130
Oshkosh, WI 54903-1130
CONSTRUCTION CONTRACT
Date: December 14, 2016
Amount:$ 48,300
Forty - Eight Thousand, Three Hundred Dollars and no/100
Description (Name and Location):
City of Oshkosh Seniors Center: Furnace Replacements
BOND:
Date: December 21, 2016
SURETY:
Fidelity and Deposit Company of Maryland
(Not earlier than Construction Contract Date)
Amount: $ 48,300
Forty - Eight Thousand, Three Hundred Dollars and no/100
Modifications to this Bond: X None See Section 18
Dollars
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Sure -Fire, Inc. Fidelity and Deposit Company of Maryland
Signature:_ Signature: 0l/1 "
Name: v I Name: Ann Linzmeyer
Title: -Title: Attorney
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY -Name, address and telephone)
AGENT OR BROKER:
McClone
885 Western Avenue, Suite 100
Fond du Lac, WI 54935
920-929-8243
Language conforms to AIA Document A312 Payment Bond, 2010 edition.
PAY76003ZZ0613f
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:
Doilars
1. The Contractor and the 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 Construction Contract, which is incorporated herein by reference, subject to the following
terms.
2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds
harmless the Owner from 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 Construction Contract, then the Surety and the
Contractor shall have no obligation under this Bond.
3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section
13) 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 Construction Contract and
tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
4. When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
5. The Surety's obligation to a Claimant under this Bond shall arise after the following:
5.1 Claimants, who do not have a direct contract with the Contractor
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim; and
.2 have sent a Claim to the Surety (at the address described in Section 13)
5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety
(at the address described in Section 13).
6. If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor that is sufficient to
satisfy a Claimant's obligations to furnish a written notice of non-payment under Section 5.1.1.
7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are
disputed; and
7.2 Pay or arrange for payment of any undisputed amounts.
7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to
undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety
fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant
for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and
owing to the Claimant.
8. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good
faith by the Surety.
9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the
Language conforms to AIA Document A312 Payment Bond, 2010 edition.
PAY76003ZZ0613f
performance of the Construction 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.
10. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable for the payment of any costs, or expenses of any
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on
behalf of, Claimants or otherwise have any obligations to Claimants under this Bond.
11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1
or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
13. Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond
and not as a common law bond.
15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
16. DEFINTIONS
16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or furnished or last furnished materials or
equipment for use in the performance of the Construction Contract:
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the
date of the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as
of the date of the claim.
16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equipment for use in the performance of the Construction
Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim
under an applicable mechanic's lien or similar statute against the real property upon which the Project is
located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or
equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment
used in the Construction Contract, architectural and engineering services required for performance of the
work of the Contractor and the Contractor's subcontractors, and all other items for a which a mechanic's
lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished.
Language conforms to AIA Document A312 Payment Bond, 2010 edition.
PAY76003ZZ0613f
16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the Agreement and the Contract Documents.
16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as
required under the Construction Contract or to perform and complete or comply with the other material
terms of the Construction Contract.
16.5 Contract Documents. All the documents that comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
18. Modifications to this Bond are as follows:
(Space is provided below for additional signatures of addedparties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Sure -Fire, Inc.
Signature:
Name: _
Title:
Language conforms to AIA Document A312 Payment Bond, 2010 edition.
PAY76003ZZ0613f
Fidelity and Deposit Company of Maryland
Signature:
Name:Ann Linzmeyer
Title: Attomey-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 Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
GERALD F. HALEY, 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 Patrick J. McCLONE, Jamie R. NICKEL, Brian J. MCCLONE, Diane McCLONE, Samuel McCLONE, Ann
LINZMEYER, Mallory A. SCOTT, Rhonda S. KLUESSENDORF, Mary Beth BARIBEAU and Troy Matthew CARLSON, all of
Menasha, Wisconsin, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of April, A.D. 2016.
ATTEST:
By
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
SEAL
a
Secretary Vice President
Eric D. Barnes Gerald F. Haley
State of Maryland
County of Baltimore
On this 29th day of April, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F.
HALEY, Vice President, and ERIC D. BARNES, 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.
��IIII1111���`
Constance A. Dunn, Notary Public
My Commission Expires: July 9, 2019
POA -F 1844489