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HomeMy WebLinkAboutZillgesANNUAL RIGHT -OF -WAX EXCAVATION BOND PRINCIPAL(S)(Legal name(s) and business address(es)) 'Tape of organization: Zillges Materials, Inc. ,_individual _partnership 1990 W Snell Rd _ corporation Oshkosh, WI 54904-1004 Surety(ies) (Name(s) and business address(es)) State of Incorporation WI West Bend Insurance Company 1900 S 18th Ave West Bend, WI 53095-8796 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 comiection 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 shalt 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 12/31/2026 (Date of Issuance) to December 31, 20 26 (the annual license period). This bond shall cover claims made for work performed during this arutual 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 receivhig notice from the City of Oshkosh within the two (2) year maintenance period. SIGNATiJRES/SEALS: For the Principal:Zillges Materials, Inc. Signature Name ��&eA CA Title For the Surety: West Bend Insurance Company W\M(M/4'1 Signature Ma,O(t aok"srUd Name Attorney -In -Fact Title 1900 S 18th Ave, West Bend, WI 53095-8796 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. I;\Engineering\ROW Permits\Annual ROW Excavation Bond & License_1-8-19.doc 12/20/18 CITY OF OSHKOSH INSURANCE REQUIREMENTS V. RIGHT-OF-WAY OBSTRUCTION / RIGHT-OF-WAY ANNUAL EXCAVATION / RIGHT-OF-WAY SINGLE SITE EXCAVATION / WORK IN RIGHT-OF-WAY LICENSES INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh Is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All Insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, If any, in the contract or listed below whichever is longer. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal liability and advertising injury (3) $600,000 general aggregate (4) $500,000 products — completed operations aggregate B. Claims made form of coverage Is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations for 2 years after acceptance of completed work (6) The general agaregate must apply separately to this project/location 2. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident. B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — "If' required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. `> A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease— Each Employee V - 1 12/20/1 S 4. BUILDER'S RISK l INSTALLATION FLOATER I CONTRACTOR'S EQUIPMENT OR PROPERTY The contractor Is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, Including loss of use, for damage to property, materials, tools, equipment, and Items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or Its subcontractors. 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance Is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company In the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. V-2 ", _ WEST BEND POWER OF ATTORNEY Bond No. 2664877 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/1/2024), a corporation having Its principal office in the City of West Bend, Wisconsin does make, constitute and appoint; Madeline Johnsrud lawful Attorney(s)-In-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of; Twenty -Five Thousand Dollars and Zero Cents 25,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Insurance Company by unanimous consent resolution effective the 1st day of January 2024, Appotntrnent ofAttorney-in-Fact The president or any vice president, at- any other officer of West Bend insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution ofand attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power ofattorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facshnile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures andfacsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any sold officer at any time. Any reference to West Bend Mutual Insurance Company In any Bond and all continuations thereof shall be considered a reference to West Bend Insurance Company, In witness whereof, West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be hereto duly attested by Its secretary this 1st day of January 2024. Attest .��,°rF Ci YAln; Christo her C. Z 'ga t v. SEAL = Robert J. Jacques Secretary � �� N yN ,e abc' President State of Wisconsin County of Washington On the 1st day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he Is the President of West Bend Insurance Company, the corporation described in and which executed the above Instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument Is such corporate seal; that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. BEN% r' NOTAi7), � `�ejj `t vo '•.'OUBL1G;: �+`: ead orporate Attorney f''i�'SGO?```` ttissionlic, Wi sPermanent on The ry MyCommt The undersigned, duly elected to the office stated below, now the incumbent in West Bend Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force, Signed and sealed at West Bend, Wisconsin this 31st day of December , 2025 9uRArr����i +.��o �oaPoiiq�.�F��, G41ItA5tU'9tillA' C • �ulNgAl� =F � SEAL � �= Ciiriatop er C. Z a v- y�� °��• a; Secretary 1900 8 18th Avenue I West Bend, WI 63095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesilverilning.com