Site Entry Agreement-Sewage Treatment Plant & TPS.pdf

VENDOR SITE ENTRY AND INDEMNITY AGREEMENT

Owner: Binghamton-Johnson City Joint Sewage Board, City of Binghamton, NY and Village of Johnson City, NY

4480 Vestal Road, Vestal NY 13850

Vendor: ______________________________________

Vendor Address: _______________________________

Premises: 1) Binghamton-Johnson City Joint Sewage Treatment Plant, 4480 Vestal Road, Vestal, NY

2) Terminal Pump Station, Gates Road, Vestal, NY

Subject to the terms and conditions herein stated and agreed to by the above-named Vendor, the above-named “Owner” does hereby give permission to Vendor to enter the above-named Premises and/or provide services to the Owner.

1. Insurance. Vendor represents and warrants that Vendor has in force the following insurance coverage applicable to their operations.

a. Worker’s compensation & employers liability coverage for all Vendor’s employees, including corporate officers, partners and proprietors.

b. Commercial general liability insurance, including premises & operations, and contractual liability covering the liability assumed under this agreement and indemnity and liability. The minimum limits of liability applicable to this insurance will be

$1,000,000 each occurrence and $2,000,000 general aggregate. The policy must be endorsed, providing the General Aggregate per project Form CG2503.

c. Comprehensive automobile liability with combined bodily injury and property damage limits of at least $1,000,000. Such coverage to include all owned, non-owned, leased, and hired vehicles.

d. Umbrella excess liability, with limits for each occurrence of at least $1,000,000, and an aggregate limit of at least

$1,000,000. The umbrella will be endorsed, providing excess coverage over the per-project general aggregate endorsements.

e. For architects, engineers, land surveyors, and other design professionals, professional liability insurance with limits of at least $1,000,000 each act, error, or omission.

f. Owner is to be named as an additional insured on a primary, non-contributory basis on all policies with the exception of worker’s compensation and professional liability.

g. A Certificate of Insurance will be provided within 48 hours of request by or on behalf of the Binghamton-Johnson City

Joint Sewage Board. All certificates of insurance will provide for 30 days notice to the Owner of cancellation or non-renewal.

h. Vendor waives all rights of subrogation against Owner and will have all policies endorsed setting forth this waiver of subrogation.

2. Vendor’s Equipment. All Equipment owned by the Vendor and used at the Premises is the sole responsibility of the Vendor and will be insured or self-insured by the Vendor.

3. Indemnity. To the fullest extent permitted by law. Vendor shall defend, indemnify and hold harmless Owner and its agents, employees and representatives (individually or collectively, “indemnitee”)from and against all claims, damages, liabilities, losses and expenses, including but not limited to attorneys’ fees, arising out of or in any way connected with the performance or lack of performance of any work or services provided to the Owner provided that any such claim, damage, liability, loss or expense is attributable to bodily injury, sickness, disease or death, or physical injury to tangible property including loss of use of that property, or loss of use of tangible property that is not physically injured, and caused in whole or in part by any actual or alleged act or omission of the vendor or anyone directly or indirectly retained or engaged by it or anyone for whose acts it may be liable; or violation of any statutory duty, regulation, ordinance, rule or obligation by any indemnitee provided that the violation arises out of or is in any way connected with the vendor’s performance or lack of performance of any work or services provided to the Owner.

4. Limitation On Entry. Vendor’s rights to enter onto the Premises are subject to cancellation if Vendor does not provide evidence of required insurance coverage to Binghamton-Johnson City Joint Sewage Board within 48 hours of a request.

5. Authorization. The individual signing this Site Entry Agreement and Indemnity for Vendor is authorized to sign this document on behalf of Vendor (and if Owner requests, will provide evidence of such authority to Owner within 24 hours).

6. Receipt of copy. Vendor acknowledges receipt of a copy of this Site Entry and Indemnity Agreement.

7. It is agreed that any clause of the contract that is found to be void and unenforceable will not affect the enforceability of any of the remaining provisions.

OWNER

Print Name and Title of Person Signing Signature Date

VENDOR

Print Name and Title of Person Signing Signature Date