HomeMy WebLinkAboutProperty #: P19-038 - 9/3/2019 P19-038
ACCESS AND INDEMNITY AGREEMENT
This Access and Indemnity Agreement (hereinafter "Agreement") is made by and between
Dolphin Pool Construction Company, Inc, an Arizona corporation, ("Builder") and the City of
Glendale, a municipal corporation organized under the laws of the State of Arizona (hereinafter
"Glendale")and their respective employees, consultants, contractors, agents,assigns and successors
in interest, and is effective this,,;') day of %,frIpeQ 2019.
WHEREAS, Glendale currently owns the following real property in Glendale, Arizona,
which is legally described in Exhibit A("Property");
WHEREAS, Builder has requested access to the Property so it can undertake certain
construction activities on 9010 W State Ave, Glendale, AZ 85305] referred to herein after as "the
Adjacent Parcel" and the City has agreed to grant access to and through its Property in accordance
with the terms and conditions of this Agreement;
THEREFORE, in consideration of the mutual promises and covenants contained herein
and other good and valuable consideration, the receipt of which is hereby acknowledged, and with
the intent to be legally bound,Builder and Glendale hereby covenant and agree as follows:
DEFINITIONS
As used in this Agreement,the following terms shall have the meaning set forth below:
a) "Builder" means the Dolphin Pools Construction Company, Inc. or any contractor
or subcontractor Builder has retained to perform any Field Work at the Adjacent
Parcel.
b) "Environmental Condition" means any condition with respect to soil, surface
water or groundwater at, from or below the Property or other conditions present at
the Property. Such conditions need not be in violation of Environmental Laws (as
herein defined) or require remedial action and/or could result in claims, demands,
and/or liabilities to third parties, including but not limited to governmental
entities.
c) "Environmental Laws" shall include, without limitation, federal, state,local, and
regional statutes, rules, regulations, and the common law relating to all
environmental media (i.e., air, soil and water), including, without limitation, the
Arizona Environmental Quality Act, contained in Title 49 of the Arizona Revised
Statutes, as amended; the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et
seq. ("CERCLA"); the Resource Conservation and Recovery Act of 1976, as
amended, 42 U.S.C. Section 6901, et seq. ("RCRA"); the Hazardous Materials-
Transportation Act, as amended, 49 U.S.C. Section 1801, et seq. ("HMTA"); the
Clean Air Act, as amended, 42 U.S.C. Section 7401, et seq.; the Emergency
Planning and Community Right-To-Know Act of 1986, as amended, 42 U.S.C.
3. Builder shall be solely responsible for properly disposing of all excavated or waste
materials generated by its Field Work, including any materials that may have been discharged from
its excavation or construction equipment or vehicles.
4. City shall not be responsible, and makes no warranties or representations about the
security for, any vehicles, equipment, tools and other materials of Builder that it used, stored, or that
otherwise came to be located on the Property or Adjacent Parcel. The safety and responsibility for
any vehicles, equipment, tools and other materials used on the Property, or left on the Property at the
conclusion of each day,are the sole responsibility of the Builder.
5. Builder agrees to procure and maintain,until all of their obligations, including any
warranty periods under this Agreement, are satisfied, insurance against claims for injury to
persons or damage to property which may arise from or in connection with the performance of the
Field Work hereunder by Builder.
The insurance requirements herein are minimum requirements for this Agreement and in
no way limit the indemnity covenants contained in this Agreement. The City of Glendale in rio
way warrants that the minimum limits contained herein are sufficient to protect the Builder from
liabilities that might arise out of the performance of the work under this Agreement by the r.
Builder, its agents, representatives, employees, contractors or subcontractors, and Builder is free
to purchase such additional insurance as may be determined necessary.
a. MINIMUM SCOPE AND LIMITS OF INSURANCE: Builder shall provide
coverage with limits of liability not less than those stated below:
1. Commercial General Liability—Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising injury 1
and broad form contractual liability and XCU coverage.
• General Aggregate $2,000,000
• Products—Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Damage to Rented Premises (if applicable) $ 100,000
• Each Occurrence $1,000,000
A. The policy shall be endorsed to include the following additional
insured language: "The City of Glendale, and directors, officers,
officials, agents and employees (hereinafter referred to as
"Indemnitee") shall be named as additional insureds with respect
to liability arising out of the activities performed by or on behalf
of the Builder." Such additional insured shall be covered to the
full limits of liability purchased by the Builder, even if those limits
of liability are in excess of those required by this Agreement.
B. Policy shall contain a waiver of subrogation in favor of the "City
of Glendale, and its directors, officers, officials, agents and
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this Agreement; and that continuous coverage will be maintained
or extended discovery period will be exercised for a period of two
(2) years beginning from the completion of the work under this
Agreement.
B. The professional liability insurance must include coverage for
claims of bodily injury or property damage arising out of pollution
for environmental work, asbestos, laboratory analysis and/or
the operations of a treatment plant, if required by the Scope of
Services.
C. The policy shall cover professional misconduct or wrongful acts
for those positions defined in the Scope of Work of this
Agreement.
b. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or
be endorsed to contain,the following provisions:
1. The Builder's policies shall stipulate that the insurance afforded the Builder
shall be primary insurance and that any self-insurance, insurance or excess
insurance carried by its agents, officials, employees or the City of Glendale
shall be excess and not contribute to it.
2. Coverage provided by the Builder shall not be limited to the liability assumed
under the indemnification provisions of this Agreement,
c. NOTICE OF CANCELLATION: With the exception of (10) day notice of
cancellation for non-payment of premium, any changes material to compliance with
this Agreement in the insurance policies above shall require (30) days written notice
to the City of Glendale. Such notice shall be sent directly to the Department.
d. ACCEPTABILITY OF INSURERS: Builder's insurance shall be placed with
companies licensed in the State of Arizona or hold approved non-admitted status on
the Arizona Depathuent of Insurance List of Qualified Unauthorized Insurers.
Insurers shall have an "A.M. Best" rating of not less than A- VII. The City of
Glendale in no way warrants that the above-required minimum insurer rating is
sufficient to protect the Builder from potential insurer insolvency.
e. VERIFICATION OF COVERAGE: Builder shall furnish the City of Glendale
with certificates of insurance (ACORD form or equivalent) as required by this
Agreement. The certificates for each insurance policy are to be signed by an
authorized representative. All certificates and endorsements are to be received and
approved by the City of Glendale before work commences. Each insurance policy
required by this Agreement must be in effect at or prior to commencement of work
under this Agreement and remain in effect for the duration of the project. Failure to
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9. The City may immediately terminate Builder's or any of its contractor's right to
enter and access the Property for the failure to comply with any obligations under this Agreement.
Otherwise, the grant of the right to enter and access the Property terminates automatically upon the
completion of the construction activities at the Adjacent Parcel.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed below:
BUILDER: GRANTOR:
CITY OF GLENDALE, ARIZONA
Ny6, c cc 1 j a rnui2icipal corporati n
0 . n By rel.
,k'City Manager
ATTEST:
Ci
APPROVED AS TO FORM:
Cit ey
7
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17f EXHIBIT "A"
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Portion of NW 1/2 SW 1/4 Sec 3 T2N R1E GSRBM , ,. ..1
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A 20' vehicular access commencing 25' north of the southwest corner --(•40# � '�� ��
It/ 1;1: of City property running approximately 500' east then turning ry ' -
,i` south 25' to access 9010 W. State Avenue back wall for purposes of "� - '' N -.•
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installation. i
20' width 9010 W. State Avenue "—' .,
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��......41 DOLPPOO-02 BSERAFIN
ACORO' DATE(MMIDDIYYYY)
`� CERTIFICATE OF LIABILITY INSURANCE 7/16/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)must have ADDITIONAL INSURED provisions or be endorsed.
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),
PRODUCER License#91751 Iniect. Bethany Serafin
The Clements Agency,LLC 480
8350 E.Raintree jac°NNo,Ext);{ )477-5245 208 I(Alpo,No):
Suite 235 Maw ss:bserafin@clementsinsurance.com
Scottsdale,AZ 85260
I __INSURER(S)AFFORDING COVERAGE ,., NAIL#
INSURER A:Philadelphia Indemnity Ins Co 18058 -.
INSURED INSURER B:
Dolphin Pool Construction Co.,Inc. INSURER C:
20635 N.Cave Creek Rd., --Suite#A3#A3 INSURER 0___
Phoenix,AZ 85024-4403 INSURER S
_INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS__ SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OMR ADDL SUER POLICY EFF POUCY EXP
LIR TYPE OF INSURANCE IVSD WVD POLICY NUMBER (MNIDDIYYYY) (IAMIDDIYYYY) LIMITS
A I XCOMMERCIAL GENERAL LIABILITY I i EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE I X 1 OCCUR X PHPK1976372 5/1/2019 5/1/2020 DAMAISESTOORRENTTED 1 S 100,000
MEDaw(Anyonepe�onJ --3 5,000
1,000,000
PERSONAL a ADV INJURY $
-----............._ 2,000,000
GENt AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE 3_-.-----___._ 1
1 POLICY[ !a LJ LOC pRopucTS_COMP/OP AGO $ 2,000,000 :-
OTHER:
pMMBIINEEDUSINGLE LEST $ 1,000,000
A AUTOMOBILE LIABILITY
X 1 ANY AUTO PHPK1976372 5/112019 51112020 BODILY INJURY(Nineteen) S
r—OWNED f SCHEDULED .. -..-
. AUTOS{��� ONLY _ AUTOS pp _BODILY INJURYpPer accident) $
X AUTOS ONLY _X �Y (rgerOe TMwd) E $
S
5,000,000
A X UMBRIILA UAB X OCCUR EACH OCCURRE,tICE„_-....._..-3__-_-,-_----
.� EXCESS UAB CLAIMS-MADE PHUB674400 5/112019 5/1/2020 AGGREGATE 5,000,000
DED X RETENTIONS 10,000 _ s
WORKERS COMPENSATION ....I..;Mi .._10m.
AND EMPLOYERS'LIABILITY
ANY O��RIEETBORRMAA�ER EXECUTIVE YIN NIA E.L.EACH ACCIDENT_._..__...-. $-_. .. .
Inds ryb in NH) I E.L.DISEASE-EA EMPLOYEE $
If yes describe under
DESCRIPTION OF OPERATIONS baba _ E,L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space Is required)
City of Glendale Is additional insured with respect to general liability as required per written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Glendale ACCORDANCE WITH THE POUCY PROVISIONS.
5850 West Glendale Ave.#315
Glendale,AZ 85301
AUTHORIZED REPRESENTATIVE
I
ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD