HomeMy WebLinkAboutWindstream Communications LLC 2018 2 FEE. $ 0 00
ACCOUNT# 100-0050-4972-00000
ANNUAL EXCAVATION/WORK IN THE RIGHT-OF-WAY LICENSE
Application is made for a license to work within the Right-of-Way:
NAME: Wind stream Communications, LLC Type of organization:
individual partnership
X corporation
ADDRESS: 11101 Anderson Drive -- Suite 100
State of Incorporation Delaware
Little Rock, AR 72212
I (We)further agree to provide the City with a surety bond issued by a company licensed in the State of
Wisconsin in the amount of Five Thousand Dollars ($5,000.00)
I (we)further agree to secure a Commercial General Liability Policy with limits of:
(a) $500,000 each occurrence for Bodily Injury and Property Damage Liability
(b) $500,000 personal injury
(c) $500,000 general aggregate
(d) $500,000 products/completed operation aggregate
and shall name the City of Oshkosh, its employees and officers, as an additional insured thereon. Proof of
said coverage in the form of an insurance certificate shall be submitted to the City 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 Public Works Department.
DATE ISSUED: (- `^k pa V
EXPIRATION: `i J\ " \ V
BOND TERM:
INSURANCE TERM: J 11)-
DATE: 2l f--1 17
c.-OvY,c\- �� Applicant's Signature
Telephone Number: (501) 748-5234
Annual Work in the Right-of-Way License 4/19/0594-1
` RECEIVED
DEC 0 4 2017 1
CITY CLERK'S OFFICE
ANNUAL EXCAVATION/WORK IN RIGHT-OF-WAY BOND
PRINCIPAL(S)(Legal name(s)and business address(es)) Type of organization:
Windstream Communications, LLC individual partnership
4001 North Rodney Parham, Little Rock,AR 72212 x corporation
Surety(ies)(Name(s)and business address(es)) State of Incorporation DE
Westchester Fire Insurance Company
Bond# K09231626
436 Walnut Street, P. O. Box 1000, Philadelphia, PA 19106
Penal Sum of Bond: $5000.00 (Five Thousand and no/100 Dollars)
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 area within the right-of-way to as good a condition as it was in prior
to Principal's activities; and pay to the City of Oshkosh any amounts due for services or materials furnished in connection
therewith within one week 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 30 days of written demand for payment,however the penal sum of this bond shall not exceed$5000.
It Is understood and agreed by the Principal(s)and Surety(les)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, 2018 (Date of Issuance)to December 31, 2018 (The annual
license period). This bond shall cover claims made for work performed during this annual license period and for an additional two-year
maintenance period beyond the expiration of this annual license period.
SIGNATURES/SEALS:
For the Principal : For the Surety:
Windstream Communications, LLC Westchester Fire Insurance Company
Name Name
By: By: M ,�,�
Title Title Mary K. Swan
436 Walnut Street, P. O. Box 1000
Philadelphia, PA 19106
Address
Any person signing in a representative capacity(e.g., an attorney-in-fact)must furnish evidence of authority if that representative Is riot
a member of the firm or partnership or an officer of the corporation involved.
Annual Excavation/Work In the Right-of-Way
4/15/05
•
Power of Attorney Bond No.K09231626
Westchester Fire Insurance Company
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December 11,2006,to wit:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into the ordinary course of business(each a"Written Commitment").
(I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise.
(2) Each duly appointed attorney-In-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that
such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-in-fan of the Company with
full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written
appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) Each of the Chairman,the President and Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as arc specified in such written delegation,which specification may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.
Does hereby nominate,constitute and appoint Mary K.Swan of the City of( Little Rock ),( AR ),each
individually if there be more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all
bonds, undertakings, recognizances, contracts and other writings in the nature thereof in penalties not exceeding Twenty Five Million Dollars & Zero Cents
($25,000,000.00) and the execution of such writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly
executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 31st day of March 2017
WESTCHESTER FIRE INSURANCE COMPANY
4 r
40
\ -1 per Stephen NI.Elaney,Vice President
•
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 31st day of Match , AD. 2017 before mc, a Notary Public of the Commonwealth of Pennsylvania in and for the County of
Philadelphia came Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and
officer who executed the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate
seal of said Company;that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted
by the Board of Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
COMMONWEALTH OrP NNSYLVANIA
NOTARIAL SEAL
KAREN E.f1RIWD1',Notary Pudic
1/4
j hR}r C.OtRMISSiOf1 SSISSJE1b01 ZS,2018 NotaryPublic
I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this 1st day
of January 2018 .
:61-4- •.4.341.1t* aktail-et(
•• , !
t Dawn M.Chloros,Assistant Secretary
a
r `
Replaces Bond#K09231626 ANNUAL EXCAVATION/WORK IN RIGHT-OF-WAY BOND
PRINCIPAL(S)(Legal name(s)and business address(es)) Type of organization:
Windstream Communications, LLC _individual _partnership
4001 N. Rodney Parham, Little Rock,AR 72212 x corporation
Surety(ies)(Name(s)and business address(es)) State of Incorporation DE
Aspen American Insurance Company Bond # SU10961
175 Capital Boulevard, Suite 300, Rocky Hill, CT 06067
Penal Sum of Bond: $5000.00 ( Five Thousand and no/100 Dollars)
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 area within the right-of-way to as good a condition as it was in prior
to Principal's activities; and pay to the City of Oshkosh any amounts due for services or materials furnished in connection
therewith within one week 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 30 days of written demand for payment, however the penal sum of this bond shall not exceed$5000.
It is understood and agreed by the Principal(s)and Surety(ies)that this bond supplements, but does not take the place of any liability
insurance required to be carried by said Principal(s)herein by the City of Oshkosh policies or ordinances.
TERM OF BOND:
This bond shall cover work performed from April 25, 2018 (Date of Issuance)to December 31, 2018 (The annual
license period). This bond shall cover claims made for work performed during this annual license period and for an additional two-year
maintenance period beyond the expiration of this annual license period.
SIGNATURES/SEALS:
For the Principal : For the Surety:
Windstream Communications, LLC Aspen American Insurance Company
Name Name
By: 7 F �o"' By.
Title • .,1} �, ` Title h Y �sraii
Ve c,� . 175 Capital ulevard, Suite 300
3 . Sr�� Rocky Hill, CT 06067
.2010 n _ Address Surety Phone No. 860-258-3500
4
Any person signing in a representativd'capa$ity(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.
Annual Excavation/Work in the Right-of-Way
4/15/05
•
ASPEN
Aspen American Insurance Company
175 Capital Boulevard,Rocky Hill,CT 06067
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS,THAT Aspen American Insurance Company,a corporation drily organized under the laws of the
Slate of Texas,and having its principal offices in Rocky Hill,Connecticut,(hereinafter the"Company")does hereby make,constitute and appoint
PatrickT.Pribyl;Jeffrey C.Carey;Evan D.Sizemore;MaryT.Flanigan;Debra J.Scarborough;Charles R.Teter,III.;Charissa D.Lecuycr;
Christy M.Braile;Laura M.Buhrmester,Rebecca S.Leak C.Stephens Griggs;Megan L.Burns-Hasty and Tabitia M.Fry of Locktoa
Companies, its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge on behalf of
the Company,at any place-within the United States,the following instrument(s)by his/her sole signature and act any and all bonds,recognizances,and
other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto,and to bind the
Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.All acts of said Attorncy(s)-in-
Fact done pursuant to the authority herein given are hereby ratified and confirmed.
rmed_
This appointment is made under and by authority of the following Resolutions of the Board of Directors of said Company effective on April 7,2011,which
Resolutions arc now in full force and effect
VOTED:All Executive Officers s of the Company(including the President,any Executive,Senior or Assistant Vice President,any Vice.President,any Treasurer,Assistant
Treasurer,or Secretary or AssiseintS..µ4tn j may appoint Attm ets-in-Fact to a3 for and on behalfof the Company to sign with theCompari s name and seal with the
Company's seal,bonds,recognizances,and other writings obligatory in the nature of a bond,recognianm,or conditional undertakirm and any of said Executive Officers at
any time may remove any such appointee and revoke the power given him or her.
VOTED:The foregoing authority for certain classes ofoffrce s of the Company to appointAttorneys-in-Fact by virtue of a Power of Attomeylo sign and seal bonds,
recopinances,and other writings obli_eauuy in the nature of a band,iecopizance,or conditional undertaking,as well es to revoke any such Powerof Attorney,is hereby
panted specifically tothe following individual officers of Aspen Specialty Insurance Manargement,Inc
Michael Toppi,Executive Vice President,Scott Sadowsky,Senior Vice President,Kevin W.Gillen,Senior Vice President,Mathew Itaino, Senior Vice
President, Ryan Field,Senior Vice President;Timothy P. Griffin,Vice President,Jessica Mann,Vice President,Keith Flannery,Vice President, Mary
E.Durosko,'Vice President,Frank Campiglia,Vie President,Ray Philiippen,Assistant Vice President,Lucas Lomax,Assistant Vice President and
Jalmie Morrison,Vice President
This Power of Attorney may be signed and sealed by facsimile(mechanical or pi in teal)under and by authority of the following Resolution voted by
the Boards of Directors of Aspen American Insurance Company,which Resolution is now in full force and effect
VOTED:That the signature of any of the Officers identified by title or specifically named above may be affixed by facsimile to any Potter ofAtfomey for purposes
only of executing and attesting bonds and u ndetakings and other writings obligatory in the nature thereof and any and all consents incident thereto,and any such Power
of Attorney or certificate bearing such facsimile simsature or facsimile seal shall be valid and binding upon the Company.Any such power so executed and certified by
such facsimile signature and/or facsimile seal shall be valid and binding upon the Company with respect to any bonder undertaking so executed.
IN WITNESS WHEREOF,Aspen American Insurance Company has caused this instrument to be signed and its corporate seal to be hereto affixed this 2nd
Day of January 2018.
Aspen American ce Company
STATE OF CONNECTICUT r// ` _ a �/.
SS. ROCKY HILL eve (,0
COUNTY OF HARTFORD Mary Egitfri. �ko Vice President
On this 2d day of January 2018 before me personally came Mary E.DmrosLo to me IaioM,who beim by me drily sworn,did depose and say,that he/she is Vice
President,of Aspen American Insurance Company,the Company described in and which executed the above instrummit that he/she!sows the seal of said corporation;that
One seal:tined to the said instrummt is such corporate Mai-and thatheJshern-rnrtrrt the said instrument-on behalf of the Company by authority of his/her office under the above
Re �thereo£ Vanessa Arias
s`Ii- - 'A..l (/iihcz: Notary Public
Notary Public
My commission expires:2282019 State of Connecticut
CERTIFICATE My Commission Expires February 28,2019
I,the undersigned,Mary E.Durosko of Aspen American Insurance Company,a stock corporation of the Sta torresas,da hereby certify that the foregoing
Power of Attorney remains is full force and has not been revoked;and furthermore,that the Resolutions of tine Boards CfDirectors,:s set forth above,are now and
remain in fell force and effect APR 2 5 201 R
Given under my hand and seal of said Company,in Rocky Hill,Connecticut,this_day of
see., F pFti
t tin'" `°rim 3
. ram
��,ryry
By: L CL(fry LO Name Mary B.Duns ro View President "'ads,
•For verification of the authenticity of the Power ofAttorney you may call(8.4;0)760-7728 or;mail:Patricia_Taberfaraspen-insurance com