HomeMy WebLinkAboutAugust Winter & Sons 2019 FEE: $20.00
RECEIVED
ANNUAL RIGHT-OF-WAY EXCAVATION LICENSE
BAN 2 8 2019
Application is made for a license to work within the Right-of-Way: DEPT 017 PI 1131 lC OItKs
OSHKOSH `\ 1', ONSIN
NAME: August Winter & Sons, Inc. Type of organization:
_individual _partnership
X corporation
E-MAIL: tglennon(a�auqustwinter.com
State of Incorporation WI
ADDRESS: 2323 N Roemer Road
Appleton, WI 54911
I (We) further agree to provide the City of Oshkosh with a surety bond issued by a company licensed in the State of
Wisconsin in the amount of Twenty Five Thousand Dollars($25,000.00).
I(we)further agree to secure a Commercial General Liability Policy with limits of:
(a) $500,000 each occurrence
(b) $500,000 personal liability and advertising injury
(c) $500,000 general aggregate
(d) $500,000 products-completed operations aggregate
and shall name the City of Oshkosh, its officers, council members, agents, employees, and authorized volunteers as an
additional insured thereon. Proof of said coverage in the form of an insurance certificate shall be submitted to the City of
Oshkosh prior to issuance of any permit to perform work within the right-of-way.
Each individual project/address at which work will be performed requires a separate permit which may be obtained from
the City of Oshkosh Public Works Department-Engineering Division.
DATE ISSUED: in 12619
EXPIRATION: 12/31 ZOI 9
BOND TERM: I / I 1 ZO19- 1212,1 12O19
INSURANCE TERM: (Oh t I7b(8- (O 1112ol9
DATE: 1-21-2019
Applicant's Signature
920-739-8881
Telephone Number
I:\Engineering\ROW Permits\Annual ROW Excavation Bond&License_1$-19.doc
ANNUAL RIGHT-OF-WAY EXCAVATION BOND
PRINCIPAL(S)(Legal name(s)and business address(es))
Type of organization:
August Winter&Sons,Inc. _individual —partnership
2323 N.Roemer Road,P.O.Box 1896 X corporation
Appleton,WI 54912-1896 —
Surety(ies)(Name(s)and business address(es)) State of Incorporation Wisconsin
Ohio Farmers Insurance Company Bond No.5950241
P.O.Box 5001
Westfield Center,OH 44251-5001
Penal Sum of Bond: $25,000.00
OBLIGATION:
We,the Principal(s)and Surety(ies),are firmly bound to the City of Oshkosh in the above penal sum. For payment of the penal sum,
we bind ourselves,our heirs,executors,administrators,and successors,jointly and severally.
CONDITIONS:
The Principal contemplates performing work within the right-of-way area(s)within the City of Oshkosh from time to time during the
calendar year shown below. The Principal desires that all of those projects be covered by a single bond rather than a separate bond for
each contract.
The Principal shall faithfully perform all work done in the City of Oshkosh with proper care and skill; obey all laws of the State of
Wisconsin and ordinances of the City of Oshkosh in connection with such work performed and with the employment of labor;properly
replace and restore any street, sidewalk, terrace, or other public right-of-way, vacated right-of-way, or City easement areas in
accordance with the current edition of the Standard Specifications for City of Oshkosh, Wisconsin; and pay to the City of Oshkosh any
amounts due for services or materials furnished in connection therewith within one(1)month of invoice.
The Principal shall for a period beginning on the date of issuance of this bond through a two(2)year period from the expiration date of
the annual license save, defend, and hold harmless the City of Oshkosh from and against any and all claims, damages, costs, and
expenses of any kind or character arising out of or resulting,however remotely,from the work performed by the Principal under the
attached license,including but not limited to,all accidents and damages caused by any failure to erect and maintain sufficient barriers
or lights at the place where licensee has placed obstruction or performed work,or by failure to guard against injury to persons passing
upon the street or sidewalk,or by failure to promptly remove all tools,implements, refuse, and unused materials from said right-of-
way. The Principal shall indemnify and refund to the City of Oshkosh all sums which it may become obligated to pay, including
damages,punitive damages,attorney fees,and court costs,within thirty(30)days of written demand for payment;however,the penal
sum of this bond shall not exceed$25,000.
It is understood and agreed by the Principal(s)and Surety(ies)that this bond supplements,but does not take the place of,any liability
insurance required to be carried by said Principal(s)herein by the City of Oshkosh policies or ordinances.
TERM OF BOND:
This bond shall cover work performed from January 1,2019 (Date of Issuance) to December 31, 20 19 (the annual license
period). This bond shall cover claims made for work performed during this annual license period and for an additional two(2)year
maintenance period beyond the expiration of this annual license period. The principal agrees to correct all maintenance issues brought
to the attention of the Principal(s)upon receiving notice from the City of Oshkosh within the two(2)year maintenance period.
SIGNATURES/SEALS:
For the Principal: August Winter&Sons,Inc. For e Su e : Ohio Farmers Insurance Company
ri
Signature ignature
It
i i Z 5 l�n n byj Kelly Nicole Bruggeman
Name Name
c J Attorney-in-Fact
Title tf4r61, Title
P.O.Box 5001
Westfield Center,OH 44251-5001
Address
Any person signing in a representative capacity(e.g.,an attorney-in-fact)must furnish evidence of authority if that representative is not
a member of the firm or partnership or an officer of the corporation involved.
1:\Engineering\ROW Permits\Annual ROW Excavation Bond at License_141-19.doc
Surety Acknowledgment
State of Minnesota }
} ss.
County of Hennepin
On this 1st day of January 2019, before me personally came Kelly Nicole Bruggeman, to me
known,who being by me duly sworn,did depose and say that she is the Attorney-in-Fact of
Ohio Farmers Insurance Company described in and which executed the above instrument; that she knows
the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so
affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like
order.
O
BLAKE S. BOHLIG
44e?
Notary Public State of Minnesota My Commission Expires Not Public
January 31,2021 �'
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWEjt#AND ISSUED PRIOR TO 09/28/18, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 2263612 01
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio,do by these
presents make, constitute and appoint
BRIAN D.CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD, JESSICA HOFF, MICHELLE HALTER, HEATHER R.GOEDTEL,
KELLY NICOLE BRUGGEMAN, BLAKE S. BOHLIG, JOINTLY OR SEVERALLY
of BLOOMINGTON ana State of MN its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship •
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE,OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereoy as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-m-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President,any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
"Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate re;ating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 28th day o'SEPTEMBER A.D.,2018 .
Corporate +'".•••it"'"+ ",•,•,•k"'' """.•�,""'',. WESTFIELD INSURANCE COMPANY
c 'r"'aSYRA.V �` •jtt?Nn�A.�.', '' �-•••-•.,. .., WESTFIELD NATIONAL INSURANCE COMPANY
Affixed firs'..es• `po O;'SEAL
r'-,9% " 3 OHIO FARMERS INSURANCE COMPANY
VVr y. 4 :�: :o, `csy. 1848 :!
: --Q1/*Alw`Nn?" II`f ..C .
* "" yDennis P. Baus, National SuretyLeader and
State of Ohio "•'•"'
County of Medina ss.: Senior Executive
On;his 28th day of SEPTEMBER A.D.,2018 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name:hereto by like order.
Notarial
Seal .''°al P .�
Affixed �,...... •
o:: \\�llllj�v Oelya,d/6&A.
David A. Kotnik, Attorney at Law, Notary Public
State of Ohio • N ��o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code)
County of Medina as.: ' v'/- O 2•% r,
O r
I, Frank A. Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Compan es,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
in Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies a: Westfield Center, Ohio, this 1st day of
January ?„D, 2019 • .
f.k,',',-),
•F:[1 E Y t. LL °7
;�;"•c,NMTERfp-,^r //f. /9 Lltit.'
\' \..s..lf. '7-' •o: I:- ••184B '" Frank A. Carrino, Secretary
Secretary
BPOAC2 (combined) (06-02)
Change Rider
ANNUAL RIGHT-OF-WAY EXCAVATION LICENSE
To be attached to and form a part of surety bond number 5950241, dated the 1st day of January, 2019,
issued by Ohio Farmers Insurance Company, as surety on behalf of
August Winter & Sons, Inc., as principal (the "Principal"), in favor of
City of Oshkosh, as obligee (the "Obligee").
The Surety hereby consents to changing the attached bond as follows:
Increase the Bond Amount:
From: $5,000.00
To: $25,000.00
This change is effective the 1st day of January, 2019. The attached bond shall be subject to all of its
terms, conditions and limitations except as herein modified.
IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and
sealed this 1st day of January, 2019.
Ohio Farmers Insurance Company
(Surety)
// (Seal)
Kel y icole Bruggeman, ey-in-Fact
THIS-POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME
POWER#AND ISSUED PRIOR TO 09128H8, FOR ANY PERSON OR PERSONS NAMED BELOW.
POWER NO. 2263612 01
General
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMLRS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio,do by these
presents make, constitute and appoint
BRIAN D.CARPENTER, NICOLE LANGER, CRAIG OLMSTEAD,JESSICA HOFF, MICHELLE HALTER, HEATHER R.GOEDTEL,
KELLY NICOLE BRUGGEMAN, BLAKE S. BOHLIG, JOINTLY OR SEVERALLY
of BLOOMINGTON and State of MN its true and lawful Attorney(s)-in-Fact,with full power and authority hereoy conferred in its name;
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
GUARANTEE.OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
"Be It Resolved,that the President,any Senior Executive, any Secretary or any Fidelity&Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions:
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of incemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8,2000).
In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto
affixed this 28th day of SEPTEMBER A.D.,2018 .
Corporate {+•_iSyp�l •,t .,`.cpnNAL/_•.,, "� .,"''•••,ry WESTFIELD INSURANCE COMPANY
Seals / % ,••-.......• s� ?.•••'••••••.,SG•; , ' C WESTFIELD NATIONAL INSURANCE COMPANY
Affixedv�• .w � 0 40;• ••. �TE ••1.a OHIO FARMERS INSURANCE COMPANY
L a. SEAL SEAL =" c� D
,�• ,� iZi
;y.• :n: S'.• 184B :e,s * ? 10,,,,.j._
State of Ohio " By Dennis P. Baus, National Surety Leader and
County of Medina ss.: Senior Executive
On this 28th day of SEPTEMBER A.D.,2018 , before me personally came Dennis P. Baus to me known,who, being by me duly sworn, did
depose and say, that he resides in Wooster, Ohio;that he 's National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY,WESTFIELD NATIONAL :NSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which
executed the above instrument;that he knows the seals of said Companies;that the seals affxed to said instrument are such corporate seals;that
they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order.
Notarial
Seal R\A L N.
Affixed ,� ;"................
z'= _�.r
• • David A. Kotnik,Attorney at Law, Notary Public
State of Ohio is �fo My Commission Does Not Expire(Sec.147.03 Ohio Revised Code)
County of Medina ss.: i. "I •tom;
Tf •
aF 0
I, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center; Ohio, this 1St day of
January...• • •;•,2019 ..,.M,,,,,,,,,,
,�i to =�,: `:9Z (1.311. .:2.77..4f41:,..E.1°.t.„iii
/''1 a7lsCfa+ ¢t _�: SEAL :m' // Secretary
`: J ;•'o; ; Frank A. Carrino, Secretary
BPOAC2 (combined) (06.02)