HomeMy WebLinkAboutExhibitACCESS AND INDEMNIFICATION AGREEMENT
This Access and Indemnification Agreement (the "Agreement") is made and entered into
this day of , 2010, by and between the City of Miami, a municipal corporation
of the State of Florida ("Owner") and Chuck's Backhoe Service, Inc. (the "Company"), a
corporation organized under the laws of the State of Florida and qualified to transact business in
Florida and provides as follows:
WHEREAS, the Owner is the fee simple owner of certain real property located at 01-
4209-000-0010 Miami, Florida, known as Virginia Key North Point and generally described in
Exhibit A, attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Owner grants to the Company, its agents, representatives, employees or
contractors herein after collectively referred to as "the Company", permission to enter upon the
Property (as such term is defined below) for the purpose of performing certain work relating to
the creation of mountain bike trails in the Property, subject to providing the Owner's Public
Facilities Director at 444 S.W. 2nd Avenue, Miami, Florida 33130 twenty-four (24) hours
advance notice of when access is first required.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein set forth, the parties hereto agree as follows:
DUTIES OF THE COMPANY
1.1 The Company will perform the following scope of work on the Property:
(a) Clearing of vegetation;
(b) Movement of land; and
(c) Any other work necessary or advisable to create mountain bike trails on
the Property.
(d) The Company will perform its duties at the direction of an expert trail
builder, naturalist and biologist to be determined by the Owner.
1.2 (a) Prior to the Company, its agents, employees, and contractors, or anyone
directly or indirectly employed by any of them entering upon the Property for purposes of
performing the work described above, the Company, shall obtain and maintain or cause to be
obtained and maintained throughout the -Tenn of the Agreement, the types and amounts of
insurance coverages set forth in Exhibit B, the Certificate of Liability Insurance attached hereto
and incorporated therein by this reference in such reasonable amounts as approved by the
Owner's Risk Management Administrator protecting the City, against all claims for personal
injury, property damage, and regulatory actions by governmental agencies arising out of or
related to the activities undertaken by the Company upon the Property and naming the City as an
additional insured.
MIA181, 435, 571 v.2
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(b) The insurance required hereunder shall be effective for the Term and any
extensions or renewals thereof. Owner's Risk Management Administrator shall review the
insurance requirements upon any extension or renewal of the Term and reserves the right to
make reasonable changes in the types and amounts of insurance coverages as necessary and shall
revise Exhibit "B" accordingly as necessary.
(c) The Company shall be responsible for assuring that the insurance
certificates required under this Agreement remain in full force and effect for the Term, including
any extensions hereof. If insurance certificates are scheduled to expire during the Term and any
extension thereof, the Company shall be responsible for submitting new or renewed insurance
certificates to the Owner's Risk Management Administrator at least ten (10) calendar days before
such expiration. In the event that expired certificates are not replaced, with new or renewed
certificates which cover the Term and any extension thereof; the Owner shall suspend this
Agreement until such time as the new or renewed certificate(s) are received in acceptable form
by the Owner's Risk Management Administrator; and the Company shall not enter the Property
nor allow any of its employees, agents or contractors to enter the Property; or the Owner may, at
its sole discretion, terminate the Agreement.
(d) Compliance with the foregoing insurance requirements shall not relieve
the Company of its liabilities and obligations under this Agreement.
1.3 The Company has requested and the Owner has agreed to grant access to the
Property to perform the work described in Section 1.1 above for a period of three (3) months
from the date of notice by the Company (the "Term"). If additional time is required, the
Company shall notify the Owner at least three (3) days prior to the comrnencement of the work.
1.4 The Company will use reasonable commercial efforts to avoid the destruction of
native plants, as instructed by the "expert trail builder," naturalist and biologist.
1.5 The Board of Directors of the Company shall approve corporate resolutions in
substantially the form attached hereto as Exhibit C.
2. RIGHT OF ACCESS
2.1 The Owner grants to the Company, temporary access rights, subject to the
conditions and limitations hereinafter contained, to the Property.
2.2 The Company shall indemnify, defend (excluding, professional liability) and hold
harmless the Owner and Virginia Key Beach Trust, its officers, employees; and servants from
and against all claims, damages or losses resulting from bodily injury, including death to anyone
injured on the Property and property damage to or at the described premises as a result of the
negligence, action or omissions of the Company, its employees, sub -contractors, or consultants
performing the work or activities on its behalf.
2.3 The Company shall list the City of Miami and Virginia Key Beach Trust as an
additional insured on its general liability, auto and excess liability policies, and shall require all
sub -contractors, if any, to carry equal limits of coverage, including applicable coverage
endorsements, as may be applicable in connection to the scope of services being performed.
2
MIA181, 435, 571 v.2
2.4 The Company hereby voluntarily and knowingly waives any and all claims
against the Owner for personal injury or property damage sustained by the Company, its agents,
employees, contractors, sub -contractors or consultants arising out of or related to the activities
undertaken by the Company, its agents, employees, contractors, sub -contractors, or consultants
,upon the Property or in connection with the work and releases the Owner for any claims in
connection therewith. The Company, its agents, representatives or contractors cannot under
Florida law place any type of lien or encumbrance on the Property.
2.5 The Company agrees that in the event of damage to the Property caused by the
Company outside the general work area, the Company will restore the Property to the same or
better condition than it was before the work was conducted.
2.6 Notwithstanding any other tern or provision herein it is expressly. understood and
agreed by the Company that the Owner -is not responsible, liable, or otherwise answerable to pay
any fee, cost, expense, reimbursement or other monetary compensation to the Company, its agents,
representatives, employees or contractors for their work or their services under this Agreement.
The Company understands and agrees that the entity solely responsible for payment of its work
and services is Virginia Key Bicycle Club, Inc., a Florida not for profit corporation. An executed
copy of the contract between the Company and Virginia Key Bicycle Club, Inc., reflecting the
foregoing payment will be made by the Bicycle Club is attached hereto as Exhibit "E".
2.7 The term of This Agreement shall be for ninety (90) days from the date of execution
of this Agreement or until formal acceptance of the work by the Owner, whichever occurs first.
The Owner may for cause grant a thirty (30) day extension for completion of the work. § 2.2, §
2.4, § 2.5 and § 2.6 shall survive the expiration or cancellation of this Agreement.
The Owner grants permission to the Company to park its equipment in the Property
during the Term.
The undersigned hereby acknowledges that he/she has requested permission to perform
certain work relating to the creation of mountain bike trails on City owned property located at,
Miami, Florida.
Dated and executed by the Company this day of , 2010.
WITNESS:
By:
By:
3
MIA 181,435, 571 v.2
CHUCK'S BACKHOE SERVICE, INC.
By:
Name:
Title:
IN WITNESS WHEREOF, the Owner has caused this Access and Indemnification
Agreement to be executed this day of , 2010.
ATTEST: • CITY OF MIAMI, a municipal corporation
of the State of Florida
By:
Priscilla A: Thompson, City Clerk Carlos Migoya, City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM
REQUIREMENTS AND CORRECTNESS
Gary Reshefsky, Interim Director
Risk Management
M!A181,435, 571 v.2
By:
Julie O. Bru
City Attorney
EXHIBIT A
DESCRIPTION OF THE PROPERTY
Legend
Perin:er"Frei ernil -_:ap
jM-FL ur:Rfnderaie TraiLs
A/11d 1R1 AQS S7?v 9
EXHIBIT B
INSURANCE REQUIREMENTS -ACCESS AND INDEMNIFICATION
Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Personal and Adv. Injury $1,000,000
Products/Completed Operations $1,000,000
B. Endorsements Required
City of Miami & Virginia Key Beach Trust included as an additional insured
Employees included as insured
Contingent and Contractual Liability
Explosion, Collapse and Underground Coverage
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami & Virginia Key Beach Trust included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$500,000 for bodily injury caused by an accident, each accident
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
MIA181, 435, 571 v.2
IV. Umbrella Liability (Excess Follow Form)
A. Limits of Liability
$1,000,000 Each Occurrence
$1,000,000 Policy Aggregate
City of Miami and Virginia Key Beach Trust included as an additional insured
The above policies shall provide the City of Miami with written notice of cancellation or
material change (defined as "a reduction in policy limits by endorsement during the
policy period") in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than
"Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies
and /or certificates of insurance are subject to review and verification by Risk
Management prior to insurance approval.
MIA 181,435, 571 v.2
moo® CERTIFICATE OF LIABILITY INSURANCE
OP ID IZ
CHUCK-1
DATE (MM/DD/YYYY)
09/30/10
PRODUCER
InSource , Inc .
9500 South Dadeland Blvd. , #400
-P.O. Box 561567
Miami FL 33256-1567
Phone:305-670-6111 Fax:305-670-9699
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.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED -
Chuck's Backhoe Service Inc.
2301 NW 15 Court
Pompano Beach FL 33069
INSURER A. Zurich American Ins . Co .
INSURER B: American Guarantee 6 Liability
26247
INSURERC. Valley Forge Insurance Co.
20508
INSURERD: American Casualty Co.
20427
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AF••v 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, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TNSK AUU L'
LTR INSRD TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DDIYYYY)
POLICY EXPIRATION
DATE (MMIDD!YYYY)
LIMITS
GENERAL ABILITY
-
EACH OCCURRENCE
S 1000000
A
X
X
COMMERCIAL GENERAL LIABILITY
GL0591947504
04/01/10
04/01/11
UAMAGt I ( RENIEU
PREMISES EaocwrericeJ
$ 300000
J CLAIMS MADE X I OCCUR
MED EXP (Any one person)
s 10000
PERSONAL & ADV INJURY
S 1000000
GENERAL AGGREGATE
$2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
S 2000000
POLICY IX I 'ECT IELOC
AUTOMOBILE LIABILITY
B
X
X
ANY AUTO
BAP591947604
04/01/10
04/01/11
COMBINED SINGLE LIMIT
(Es accident)
S 1000000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
X
HIRED AUTOS
BODILY INJURY
X
NON -OWNED AUTOS
•
(Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
S
ANY AUTO
OTHER THAN EA ACC
S
AUTO ONLY: AGG
S
EXCESS I UMBRELLA LIABILITY
EACH OCCURRENCE
5 2000000
B
X
X OCCUR ( I CLAIMS MADE_
AUC591948504
04/01/10
04/01/11
AGGREGATE
$2000000
S
DEDUCTIBLE.
S
X
RETENTION 5 0
5
WORKERS COMPENSATION
AND EMPLOYERS'
LIABILITY Y/ N
XITORY LIMITS IUI
ER
C
ANY OFFICER/MEMEREXCLUDED?
2026240536
04/01/10
04/01/11
E.L. EACH ACCIDENT
s500000
ECUTIV�
(Mandatory in NH) 1
1f yes, describe untler
E.L. DISEASE - EA EMPLOYEE
$ 500000
E.L. DISEASE - POLICY LIMIT
5 500000
SPECIAL PROVISIONS below
OTHER
D
Equipment
2077252357
04/01/10
04/01/11
Scheduled $2685000
2% of TIV*
*MINIMUM $2,500
Rented $50000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
*10 days written notice of cancellation for non-payment of premium.
City of Miarn & Virginia Key Beach Trust are Arirli tional Insureds under the
General Liability, Automobile Liability & Umbrella Liability policies, when
required by written contract.Employees are included as insureds under the
CGL policy, per policy terms,conditions & exclusions. **SEE HOLDER NOTES**
CERTIFICATE HOLDER
CANCELLATION
City of Miami
Capital Improvements Program
444 S.W. 2nd Avenue, 8th Floor
Miami FL 33130
ACORD 25 (2009/01)
CITY000
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO S0 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPR SENTATIVE"(/,�
O A OR� D CORF0 I rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/D1)
OLDER CODE
INSUREDS NAME ; Chu
INSURED: Chuck's Backhoe Service, Inc.
**General Liability also includes Contractual Liability and Explosion,
Collapse and Undergroung Coverages.
Waiver of Subrogation in favor of the Additional Insureds is included
under the Workers' Compensation policy.**
EXHIBIT C
CORPORATE RESOLUTION
WHEREAS. Chtgi.'s Backhoe Sri:, Inc. desires to enter into an at.*:.
with the
City of Miami for the purpose of perfuming. the work described in the contract to %.-h.c..h this
rc.'solution is atached; an
WHEREAS, the Board of Directors at a duly held corporate IT1 -ttne has cunstkred the
manerm acrdance with the By-L.a‘vs of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
DIRECTORS that the
(type title of-off-17...er)
. is hereby authorized
(type Milne of officer)
and instructed to. eater into a contract, in the name end on behalf of this crpoation1with thc
City of Miami upon the terms contained in the proposed contract to which this ries lotion is
attached and to execute the corresponding performance bond.
DATED this day of octotyr , ;0
-17Y (
trperson of the Board of Directors
Corporate Secretary
(Corporate Seal)
MIATer,4351571v,2
EXHIBIT "D"
SITE PLAN
MIA181, 435, 571 v.2
EXHIBIT "E"
EXECUTED CONTRACT BETWEEN
CHUCK'S BACKHOE SERVICE, INC.
AND VIRGINIA KEY BICYCLE CLUB, INC.
MIA181,435,571v.2
Company Name: V
Street Address: bap
City: •
Phone: JO a-) et- `7('r6
Type of Business: 1 G�-Q
Date Established:
Web Site:
Chuck's BACkhOE SERVICE, INC.
2301 N.W. 15th Court
Pompano Beach. FL 33069
(954) 973-6600 • (800) 273-6248 • Fax: (954) 973-6667
www.chucksbackhoe .com
Heavy Equipment Rentals With Operator/
SERVING FLORIDA SINCE 1971
CREDIT APPLICATION
'L'e);
106 \ )% e/ .ice/
State:[, Zip: 33/37
Fax: 3 0 .�
De)1a
Of
545•1- era,
--'' Owner/President}/Partner/Vice-President
Name: 2pAYl Y D 57 / r 1 [� ?ere--3rlof \ 1%1 �
Address: (>CO A)E 3(c' S4tg._.4146)
l%t 33131
SS #:
Subsidiary of Another Company () Yes,4 No
If so, Whom
Purchase Order Number Required () Yes
Accounts Payable Contact Name:
Trade References:
1.
2.
3.
4.
5.
Company Name
Phone/Fax #
Chuck's Backhoe Service, Inc. - Credit Application - page f of 3
Chuck's 3AckkoE SERVICE? INC.
2301 N.W. 15th Court
Pompano Beach, FL 33069
954) 973-6600 • (800) 273-6248 • Fax: (954) 973-6667
www,chucksbackhoe.com
Heavy Equipment Rentals With Operator/
SERVING FLORIDA SINCE 1971
CREDIT APPLICATION CONTINUED:
Bank Reference:
Name:
Address: e etJ`i- TO be_ e
City "�j t S u .Se 7- %7 State: FC---
Phone: 3 es— 66 (— T L g-
Account #:
b l,vjrgct 9/e4.c 4 FIN &s
Zip: 3 z,-I
Checking: Savings: Loan:
Contact Name: / O € '-C_ 0 1 -, rs.c N i 9LV . 4
tin inr..n Fe.. 33 146
I/We have listed information for the purpose of obtaining credit. I/We do hereby attest that the information
supplied on this application is true and correct and authorize Chuck's Backhoe Service, Inc. to investigate the
references listed.
I/We do hereby agree to pay any and all obligations to Chuck's Backhoe Service, Inc. within 30 days of receipt of
invoice. All sums not paid when due will bear interest at the rate of one and one half percent interest or the
maximum rate permitted by law, whichever is less. All costs of collection, including reasonable attorney's fees,
will be paid by the customer.
Chuck's Backhoe Service, Inc. - Credit Application - page 2 of 3
Agreement between Chuck's Backhoe Service, Inc. and Customer
The purpose of this agreement is to identify the job site responsibilities of Chuck's Backhoe Service, Inc. (providing heavy equipment
rental with operator or operator without equipment) and. Customer (supervising the heavy equipment with operator or operator without
equipment) provided by Chuck's Backhoe Service, Inc.
Chuck's Backhoe Service, Inc. shall provide equipment and/or operator(s) that are in compliance with applicable OSHA rules and
regulations as they relate to the operator, the machine and the machine's operation only. Matters concerning the utility locates, safe work
areas and safe trenches are the customer's responsibility.
Customer shall provide the following:
1) Customer shall locate all underground utilities (Electric, Phone, Gas, Water, Data, etc.) before Chuck's Backhoe Service, Inc. starts
work on job.
a) For "easement" related utilities Florida Statute 556 requirements to call SUNSHINE STATE ONE -CALL 1-800-432-4770
two -business days before excavation are the customer's responsibility.
b) For "private property" related utilities the customer shall obtain locations of all underground utilities in the path of or near the
proposed excavation by;
i) Customer to check "as built" drawings for existing buildings and site improvements.
ii) Customer to check with on -site trades (i.e. electrical, plumbing and mechanical) for recently installed utilities on new
construction jobs.
iii) Customer to utilize an outside locating service as necessary. Palm Beach and Fort Lauderdale — Ground Hound (561) 737-
9800. Dade County — CLS Inc. (305) 599-3001
2) Customer shall provide safe work areas that are in compliance with applicable OSHA rules and regulations.
a) Customer to maintain traffic control to allow for safe work areas.
b) Customer to keep all work areas free from obstructions such as scaffolding, ladders, stored materials, etc.
c) Customer to provide proper ventilation.
d) Customer to provide proper lighting.
3) Customer shall provide safe trenches that are in compliance with all applicable OSHA rules and regulations.
a) Customer to provide a "Competent Person" on -site as required by OSHA,
b) Customer to keep all objects, tools, etc', at least two feet away from the edge of excavations.
c) Customer to keep ladder top at least three feet above the top of excavations.
d) Customer to provide ladder or ramp for excavations deeper than four feet.
e) Customer to provide cave-in protection (sloping, trench box or shoring) for excavations deeper than five feet.
f) Customer to provide fall protection (fence, guard rail, barricades) for excavations deeper than six feet.
g) Customer to provide safe access (ladder) every twenty five feet,
h) Customer to pump out water from all excavations as required by OSHA,
i) Customer to insure all excavations do not weaken above ground installations (light poles, foundations, trees, roadways,
sidewalks, scaffolding, etc)
j) Customer to insure all excavations do not weaken below ground installations (catch basins, wall footers, duct banks, utilities,
etc)
Both Chuck's Backhoe Service, Inc. and Customer agree to the above listed job site responsibilities.
Chuck's Backhoe Service, Inc.:
By:
Don Horowitz Sec./Treas.
Date September 7, 2010
Customer: of 9...6r',0, R 4f.
By: Customer's legal na e /
Sign
P: ted ame of
It s
Title (i.e. President, Vice Present,
Date
Chuck's Backhoe Service, Inc.- Credit Application - page 3 of 3