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HomeMy WebLinkAboutRight Away Bond - ZillgesANNUAL RIGHT-OF-WAY OBSTRUCTION BOND PRINCIPALS) (Legal name(s) and business address(es)) Type of organization: Zlliges 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: $5,000.00 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 placing an obstruction withh-i 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 Oslikosh, 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 amlual 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 sheet 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 $5,000. It is understood and agreed by the Principal(s) and Surety(ies) that this bond supplements, but does not take the place of, any liability insurance required to be carried by said Principal(s) herein by the City of Oshkosh policies Or ordinances, TERM OF BOND: This bond shall cover work performed from 12/31/2025 (Date of Issuance) to December 31, 20 26 (the annual license period). This bond shall cover claims made for work performed during this annual license period and for an additional two (2) year maintenance period beyond the expiration of this annual license period. The principal agrees to correct all maintenance issues brought to the attention of the Principal(s) upon receiving notice from the City of Oshkosh within the two (2) year maintenance period. SIGNATURES/SEALS: For the Principal: Zili$es Materiels, Inc. Signature . V Z'lla�S Name OtonEA Title For the Surety: West Bend Insurance Company Q O Signature KC l' ne' �O�nn srcc o� Name Attorney -In -Fact Title 1900 S 18th Ave, West Bend, WI 63095-8796 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. 1;\ Engineering\ROW Permits\Annual ROW Obstruction Bond & License_1-0.19.doc WEST BEND° POWER OF ATTORNEY Bond No. 2664876 Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 1/l/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: Five Thousand Dollars and Zero Cents 5,000.00 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 lsrday of January 2024, Appointment ofAttorney-In-Fact; The president or any vice president, or any other offcer of West Bend Insurance Company may appoint by written certificate Attorneys -In -Fact to act on behalf of the company in the execution of and 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 of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures orfacsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile signatures and facsimile 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 said 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 list day of January 2024. Attest tWx P. RA ,,�� Christo hex C. Z ar' t `� SEAL �" Robert J. Jacques Secretary Vv ' 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, ,����11BE NeQ, Is %'OUBLIG ;&k i 4ead orporate Attorney Op ..... �'�°� try Public, Washington Co., WI My Commission is Permanent 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 31 st day of December 2025 1gUFtq.... ��i aroAyr' : n'l tnlllt5 1, • V F Christop er C. Zt a ' secretary 1900 S 18th Avenue I West Bend, WI 53095 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www,thesllverlining.com t / 1 �.`., WEST BEND Date: 12/16/2026 Bond Number:2664877 ANSAY & ASSOCIATES LLC 430 N KOELLER ST., STE 300 OSHKOSH, WI 54902 Principal Information: Zillges Materials, Inc. 1990 W Snell Rd Oshkosh, WI 54904-1004 Billing Address - if blank, see Principal above: c/o: Obligee Information: City of Oshkosh - Public Works - Engineering Division 215 Church Ave Po Box 1130 Oshkosh, WI 54901-4747 WB Index:2664877 Bond Eff Date: 12/31/2025 Bond Exp Date: 12/31/2026 Bond Type: Annual Right -of -Way Excavation Bond Work Description: THE SILVER LINING* 48247 Direct Billed BOND EXECUTION REPORT Current: Bond Penalty: $ 25,000.00 Bond Premium: $ 276.00 Previous Bond Penalty: $ 25,000.00 Premium Change: $ 275.00 Effective January 1, 2024, West Bend Mutual Insurance Company changed its name to West Bend Insurance Company, therefore, any reference to West Bend Mutual Insurance Company shall be considered a reference to West Bend Insurance Company. THIS IS NOT AN INVOICE MICHIGAN ONLY: This policy is exempt from filing requirements of Section 2236 of the Insurance Code of 1956, 1956 PA 218 and MCL 600,2236. 1900 S 18th Avenue I West Bend, W1 53095 1 Phone; (800) 236-5010 1 Pax: (877) 674-2663 1 www.thesilverlining.coin