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Home My WebLink AboutBerndt Excavating 2019 FEE: $20.00 ANNUAL RIGHT-OF-WAY EXCAVATION LICENSE Application is made for a license to work within the Right-of-Way: NAME: V.4.(A Lv , dl (• Type of organization: _individual _partnership ` E-MAIL: D< A` A-A-30( G,4'1 A l ). (0v✓1 Ni corporation ��q State of Incorporation Wz. ADDRESS: 1 W 30 6) • L\IA. k Ave. DOnlr 5 ll, '-T 5/-/1ol 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: 3/6 I Zt)I°I EXPIRATION: 12 131 12011 BOND TERM: j I I I 2011 ` 12I31 12019 INSURANCE TERM: 1 I I 12b1 a1— 1 I I I Z07A DATE: 3/G 17A19 Applicant's Signature q-49 - Z35--333/ Telephone Number 1:\Engineering\ROW Permits\Annual ROW Excavation Bond&License_1-8-19.doc Bond#60897421 ANNUALL,RIGHT-OF-WAY EXCAVATION BOND PRINCIPAL(S)(Legal name(s)and business address(es)) of organization: Berndt Excavating,Inc. Type8 2430 W. Waukan Ave. _individual „partnership Oshkosh,WI 54904 x corporation Surety(les)(Name(s)and business address(es)) State of Incorporation Wisconsin WESTERN SURETY COMPANY 101 S.Reid St.,Ste. 300 Sioux Falls, SD 57103-7046 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 Oahkosh 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 Siandard 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 Principals)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 OP BOND: This bond shall cover work performed from January 1.2019 (Date of ivtuano.) 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 th inci 1: BE XCAVATING,INC. For the Surety: WESTERN OMPANY • Signature Si Lure SVRET�Co (( / i. ?/�/ James R. Mitchell y �pRPORATf z Name s Name 2/1/2019 3 SEAL Q Tres/ c'(- 1 Attorney-ln-Fact s'OTFi Up�'OC Title Title 101 S. Reid St., Ste. 300 Sioux Falls. SD 57103-7046 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. L•5'r'�ffib tint ROW Peru s1Anruai ROW Excavaticr.B d&Licefne_114.19dee Western SuretyCompany POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint James R. Mitchell of Oshkosh , State of Wisconsin with limited authority, its true and lawful Attorney-in-Fact,with full power and authority hereby conferred to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: • One RIGHT OF WAY CITY OF OSHKOSH bond with bond number 60897421 for BERNDT EXCAVATING, INC. as Principal in the penalty amount not to exceed: S25,000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force,to-wit: Section 7. All bonds,policies,undertakings, Powers of Attorney,or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by Vice President with the corporate seal affixed this 1st day of February 2019 ATTEST 1l'e� � WESTJURET COMPANY a • LJ S �. By • A.Vietor,Assistant Secretary Paul T. flat,Vice President �t545Ei�Elii�lfffJ�fi ' _E;�i "�, T f {s pia o Lb slot• ; STATE OF SOUTH DAKOTA ss 3 p.4 ' COUNTY OF MINNEHAHA 4-e0 On this 1st dayof February 2019 personally appeared , before me, a Notary Public, personally appeared Paul T. Bruflat and A. Vietor who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Corporation. + + f J. MOHR p NOTARY PUBLIC SEAL f SOUTH DAKOTA d Notary Public +44MhY4.4y4shN�a sb•SbtiSti44 My Commission Expires June 23, 2021 To validate bond authenticity, go to www.cnasurety.com >Owner/Obligee Services >Validate Bond Coverage. Form 672-1-2016