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HomeMy WebLinkAboutHoltger Bros 2019 FEE: $20.00 RECEtvED ANNUAL RIGHT-OF-WAY EXCAVATION LICENSE JAN282019 DIP]'or: 1 Application is made for a license to work within the Right-of-Way: C�SII�t�'yI I, li'LS Ib pl�kS � NAME: Holtger Bros., Inc. Type of organization: _individual partnership E-MAIL: controller@holtger.corn X corporation State of Incorporation WI ADDRESS: 950 West Main Ave. De Pere, WI 54115 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: I l Z T( 2019 EXPIRATION: 1t 131 1?Al°I BOND TERM: 1 1 I 1 7A1°l — ►2(31 hot, INSURANCE TERM: ' I I h ho l a - < I 1101, DATE: 1/18/19 pplicant's Signature 920-337-9980 Telephone Number 1:\Engineering\ROW Permits\Annual ROW Excavation Bond&License_7.8-19.doc ANNUAL RIGHT-OF-WAY EXCAVATION BOND Bond No.GRWI26177B PRINCIPAL(S)(Legal name(s)and business address(es)) T e of organization: HOLTGER BROS.,INC. individual Qpartnership 950 W Main Ave ✓ corporation De Pere, WI 54115 Surety(ies)(Name(s)and business address(es)) RLCEIV EO State of Incorporation Wisconsin Granite Re,Inc. 14001 Quailbrook Dr JAN 2 4 2019 Oklahoma City, OK 73134 sC N5' Penal Sum of Bond: $25,000.00 ,, O1: 1'vl OBLIGATION: OSl 11.v�1{ 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, 2019 (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: For the Surety: 6 "` � ��� e://4 Granite Re,Inc. Signature / ,( Si e bon 9 fN /I/sP✓ Name Name ///51_44 f� (% Connie Smith, Attorney-in-fact Title Title 14001 Quailbrook Dr Oklahoma City,OK 73134 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&License_14-19.doc GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL its true and lawful Attorney-in-Fact(s)for the following purposes,to wit: To sign its name as surety to, and to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE,INC.through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 27th day of June, 2018. /}r/ .,TE Re,i 'V/ 4.,,e:Zer5 --- .00 o�roy,�4C SEA I. Kenneth D.Whittington, President STATE OF OKLAHOMA ) o.,,,a.• �,� �r� SS: %~y� COUNTY OF OKLAHOMA ) Kyle P. McDonald,Treasurer On this 27h day of June, 2018, before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn,said,that they,the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer,respectively,of the Company. 04. 04 IL g'l Q 4 .J My Commission Expires: August 8, 2021 0POK1.0 Notary Public Commission#: 0101 3257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I WITNESS WHEREOF undersigned ha subscribed this Certificate and affixed the corporate seal of the Corporation this `� -- day of__ 20 1_1_ 0,TE Re,� cfr SEAL `Yh / / Kyle P. McDonald, Secretary/Treasurer GR0800-1