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Home My WebLink AboutZenith Tech Inc WI St bridge- hold harmless agreement 2009F. HOLD HARMLESS AGREEMENT The Redevelopment Authority of the City of Oshkosh hereby grants to the undersigned permission to utilize the vacant lots on the East site of the Fox River, South of Wisconsin Street (Parcels #90102220000 and #90102300000), accessed from Marion Road for demobilization of the undersigned's crane and barges, as described in correspondence from Zenith Tech, In. dated August 15, 2008, Exhibit "A" attached hereto. This permission is given from August 18th through October 15, 2008. There shall be no storage of equipment or other items on the site when the site is not actively being used for demobilization activities. The undersigned is responsible for securing the site when the site is being utilized for demobilization activities. The undersigned shall be responsible for the restoration of the parking and any other areas of the site which may become damaged due to their activities on the site. State law provides that by its acceptance of this privilege the undersigned shall become primarily responsible for damages to person or property by reason of the granting of the permission. In consideration of the Redevelopment Authority of the City of Oshkosh granting permission to the undersigned to use the above - described property, the undersigned agrees that it is solely responsible for its activities under this agreement. The undersigned hereby releases the Redevelopment Authority of the City of Oshkosh and the City of Oshkosh from all debt, claims, demands, damages, actions and causes of action whatsoever which may result from the demobilization of the undersigned's crane and barges. Further, the undersigned agrees to protect and hold the Redevelopment Authority of the City of Oshkosh and the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the activities under this Agreement by the undersigned or agents or employees. Further, the undersigned agrees to indemnify and refund to the Redevelopment Authority of the City of Oshkosh and the City all such sums which the Redevelopment Authority or the City may be obligated or adjudged to pay, including attorney fees and costs, on such actions, claims or demands within 30 days after written request for such indemnification. The undersigned agrees that this paragraph is to be liberally construed in favor of the Redevelopment Authority of the City of Oshkosh and the City of Oshkosh, in consideration of the permission granted under this agreement. This agreement and the permission cannot be assigned without the written consent of the Redevelopment Authority of the City of Oshkosh. By executing this agreement, undersigned agrees to fully abide by such terms and conditions, including revocation upon written notice for noncompliance with this agreement. u� Dated thi day of � 4 2008. ZENITH TECH, INC. And: STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally me before me this �� day of , 2008, the above -named _,f-t r� o,� of the above -named corporation, to me known to be th ,person(s) and officer(s) who executed the foregoing document and acknowledged the same as such off►ce'�s;by its a, 1, ority, for the purpose therein contained. *,rR MMOSE M. Attachment: r dated 8/15/08 from Zenith Tech, Inc. cam.) Notary Public, Co., Wisconsin My Commission: 1I — 0 E_ Zenith Tech, Inc. Structural Engineers and Contractors August 1.5, 2008 City of Oshkosh P.O. Box 1130 Oshkosh, WI 54901 ATTN: Jackson Kinney Director of Community Development RE: WisDOT Project 6110 -15 -71 Fox RiverMisconsin Street Bridge STH 44 Winnebago County SUBS: Request for Use of City Property — Crane & Barge Demobilization Dear Mr. Kinney, The purpose of this letter is to request permission to utilize the vacant lot on the East site of the Fox River, South of Wisconsin Street, accessed from Marion Road as a location for demobilization of out cranes and barges. We would like to utilize this location upon completion of our barge required operations, which will take place during September 2008. There would be 3 periods we would like to utilize this area. Each period would be an approximated duration of 3 -4 days each. During each period, we would unload the crane from the barge, disassemble the barges and clean the sections, then load out the barges and crane. Zenith Tech will limit the work area through the use of cones and will not use this as a storage area. Our intention is to unload and truck out the equipment as expeditiously as possible. In addition, should any restoration of the parking lot be required due to damages caused by Zenith Tech, we understand that we will be fully responsible for such costs. Thank you for your consideration of this request. Should you require any additional information regarding this request, please do not hesitate to call me at (262) 366 -5004. Very truly yours, ZENITH TECH, Inc. Ben Johnson, P.E. Project Manager CC: Steve Gohde, Oshkosh Public Works Dept. Tom Buchholz, WisDOT, Wisconsin Street Bridge Project Manager file: 503098 Correspondence P:Trojects\Oshkosh\Lette m\ZTCO -008 An Equat Opportunity Employer P.O. Box 1028 700 Eagle Nest Blvd. N6 W23633 Bluemound Road Suite C Waukesha, WI 53187 -1028 Rothschild, WI 54474 Office: 262- 524 -1800 Office: 715 - 241 -6299 Fax: 262- 524 -1840 Fax: 715-9-41-6610 Producer Aon Risk Services Inc. of Wisconsin P.O. Box 23004 111 N. Washington Street Green Bay, WI 54305 -3004 800 - 437 -0555 Insured Zenith Tech, Inc. P.O. Box 1028 Waukesha, WI 53187 -1028 Attn: Diane Schmidt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Company A Travelers Indemnity Company Company B Travelers Property Casualty Co of America Company C Travelers Indemnity Co. of Connecticut Company D Navigators Insuran Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, WN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE LIMITS SHO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE LIMITS Co LTR DATE (MM/DD/Y (MM/DD /Yl) General Aggregate $2,000,000 A General Liability ® Commercial General Liability VTC2K- CO- 7211B454- 03/01/08 03/01/09 Products- comp /op ag $2,000,000 El Claims ® Occur IND -08 Personal & adv injury $1,000,000 Each Occurrence $1,000,000 ❑ Owner's & Cont Prot Fire Damage(An 1 Fire) $300,000 ® Aggregate Per Project Med Exp (Any I Person) $5,000 ❑ B Automobile Liability ® Any Auto VTC2J- CAP- 3510A222- 03/01/08 03/01/09 Combined Single Limit $2,000,000 TIL -08 Bodily Injury $ F1 All Owned Autos El Scheduled Autos Per Person Bodily Injury $ ® Hired Autos ® Per Non -Owned Autos Accident Property Damage $ ❑ Garage Auto Only -Ea Accident $ Liability Other than Auto Only 'x �. ❑Any Auto Each Accident ,;,��,; $ ❑ ❑ Aggregate $ Each Occurrence $5,000,000 D Excess Liability ® Umbrella Form CH08EXC1311205NV 03/01/08 03/01/09 Aggregate $5,000,000 ❑ Other than Umbrella Form ® Statutory ��a1 BC Workers Compensation and VTRJUB- 6697B998 -08 WI Limits „[. �� Employers' Liability VTC2EUB- 6698B018- 03/01/08 03/01/09 Each Accident $500,000 The Proprietor /Partners/ ®Inca. 08 MI, IL Disease - Policy Limit $500,000 Executive Officers Are: , ❑Exc. Disease - Ea Employee $500,000 B Other Contractors Equipment QT6307369B939TIL08 03 /01 /08 03/01/09 15,000,000 Blanket Limit Leased or Rented Equipment ._. _ . ___ .-. r _ _ - __= 05.1,. ,..0 lu V__ $750,000 Limit D:vor cnn41, of Wicrnnein Ct nn the, Description of Oyerations/Locaiions /Vehicles /Special Ite ms: ror use oI Vacanl IOL On zasl oluc kiI LllG I Vii Imo.... -, �� __ �_ •• -� ___ -___ Oshkosh Bascule Project 6110- 15 -71. The Certificate holder is an Additional Insured on the above General Liability policy per the Travelers A.I. Endorsement #CG D2 08/05 for claims of bodily injury or property damage arising out of the negligent performance or activity of the I�ns City of Oshkosh & City of Oshkosh Redevelopment Authority PO Box 1130 Oshkosh, WI 54902 Attn Assistant Director of Public Works: Steven Gohde SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED 1: ilv REPRESENTATIVE