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HomeMy WebLinkAboutMartell Construction 2019 FEE: $20.00 RECEIVED ANNUAL RIGHT-OF-WAY EXCAVATION LICENSE PER r42019 DEP • I Uh Application is made for a license to work within the Right-of-Way: OSIIhuSII i! '1'ORKS ISLUNSIN NAME: MARTELL CONSTRUCTION, INC, Type of organization: individual _partnership E-MAIL: reversnn@martellco com X corporation ADDRESS: 1220 HURLBUT ST State of Incorporation GREEN BAY, WI 54303 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: 2 Ile I ?III c1 EXPIRATION: %2 13I J 2t5t' BOND TERM: Z I j ICI 4 I2/3I/I INSURANCE TERM: Z I I J 14 40 Z l 1 l ZOZC7 DATE: Z MI S' ! 1°1 Applicant's Signature 920-468-8071 Telephone Number 1:\Engineering\ROW Permits\Annual ROW Excavation Bond&License_1-8-19.doc ANNUAL RIGHT-OF-WAY EXCAVATION BOND Bond Number: W150336954 PRINCIPAL(S)(Legal name(s)and business address(es)) Type of organization: Martell Construction, Inc. _individual _partnership 1220 Hurlbut Street Green Bay, WI 54303 X__corporation State of Incorporation Wisconsin Surety(ies)(Name(s)and business address(es)) Old Republic Surety Company RECEIVED 445 S Moorland Rd, Suite 200 Brookfield, WI 53005 FEB 1 4 2019 Penal Sum of Bond: $25,000.00 DEPT OF PUBLIC' WORKS OBLIGATION: OSHKOSII WISC(l\SIV 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 02/08/2019 (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 Princ' (For the Surety: _f cf.t.f W �2� L rJkAn Signature Signature 0000x1l044,„ yiterl Eve✓Sem Roxanne Lynn Jensen J�" ,6 suNN Name Name =a Attorney-in-Fact % Title Title Api,,,,,n,,00" 445 S Moorland Rd,Suite 200 Brookfield,WI 53005 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. ..- . ,nem..,_..-_.._,.....-.-i nnw F.e,va,inn Rond&I.imnsc 1-8-19.doc ..k*f+r• * OLD REPUBLIC SURETY COMPANY_ ***** POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and appoint: KELLY L.CODY,ROXANNE LYNN JENSEN,BRIAN LESTER KRAUSE,CHRISTOPHER K.HOVDEN,OF GREEN BAY,WI its true and lawful Attomy(s)-in-Fact,with full power and authority,not exceeding$50,000,000,for and on behalf of the company as surety,to execute and deliver and affix the seal of the company thereto(if a seal is required),bonds,undertakings,recognizances or other written obligations in the nature thereof,(other than bail bonds,hank depository bonds,mortgage deficiency bonds,mortgage guaranty bonds,guarantees of installment paper and note guaranty bonds,self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds,hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED SEVEN MILLION FIVE HUNDRED THOUSAND($7,500,000) FOR ANY SINGLE OBLIGATION. and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact,pursuant to these presents,are ratified and confirmed. This document is not valid unless printedon colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that,the president,any vice-president,or assistant vice president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds,undertakings,recognizances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (i)when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant secretary;or (ii)when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the company;and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be affixed this 16TH day of MARCH,2016. OLD REPUBLIC SURETY COMPANY i7 SEAL Avasuoi k / STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS ". President On this l6TH day of MARCH,2016 ,personally came before me, Alan Pavlic and Jane E Cherney ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say; that they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. A. • - �a Notary Public My commission expires: 9/28/2018 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I,the undersigned,assistant secretary of the OLD REPUBLIC SURETY COMPANY,a Wisconsin corporation,CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. / (�A 24-5017 "su� �. Signed and sealed at the City of Brookfield,WI this n rt J day of r , SEAL 11 /' q.r 's AsSntani '�'rN,,,lr.•Y AON RISK SERVICES CENTRAL INC THIS DOCUMEh11 HAS A COLORED BACKGROUND AND IS MULTI-COLORED ON THE FACE THE COI PAVM LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IF THESE FEATURES ARE ABSENT.THIS DOCUMENT IS VOID. ,, i,.... -6._( -Ir