|
13 . Insurance and Indemnification:
<br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the
<br /> selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general
<br /> liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk manager
<br /> in an amount not less than $3 ,000,000 combined single limit for bodily injury and property damage in
<br /> accordance with the COUNTY's Administrative Policy Manual. The DEVELOPER shall ensure that, at
<br /> least ten ( 10) days prior to the commencement of any work the selected contractor and any subcontractor
<br /> provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance
<br /> company subject to approval by the COUNTY' s risk manager in an amount not less than $3 ,000,000 per
<br /> occurrence combined single limit for bodily injury and property damage in accordance with the COUNTY' s
<br /> Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall
<br /> name Indian River County, a political subdivision of the State of Florida, as an additional insured. In
<br /> addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work
<br /> the selected contractor and any subcontractor provides to the COUNTY a certificate of worker' s
<br /> compensation insurance with a limit of $ 100,000 for each accident, $500,000 disease (policy limit) and
<br /> $ 100,000 disease (each employee) in accordance with the COUNTY' s Administrative Policy Manual. The
<br /> DEVELOPER shall provide to the COUNTY at least thirty (30) days ' written notice by registered mail,
<br /> return receipt requested, addressed to the COUNTY' s risk manager, prior to cancellation or modification of
<br /> any required insurance.
<br /> The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY' s officers,
<br /> employees and agents, from and against any and all claims for damages, costs, third parry claims, judgments,
<br /> and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this
<br /> agreement, or from any act or omission of any representative, agent, client, and/or employee
<br /> of
<br /> DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and arty judgments
<br /> that may be entered in connection therewith, including attorney fees. DEVELOPER shall indemnify the
<br /> COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or
<br /> receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any
<br /> claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of
<br /> the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or
<br /> utility, whether presently in place or which may in the future be constructed or installed, including but not
<br /> limited. to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is
<br /> due to flooding, infiltration, backflow, and/or seepage caused from the failure of any installation, natural
<br /> causes, or from any other cause of whatsoever kind or nature. It is the intention of this indemnification
<br /> agreement on the part of DEVELOPER, and a condition of this agreement, that it shall be full and total
<br /> indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY.
<br /> DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the
<br /> COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER
<br /> agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the COUNTY
<br /> or against the COUNTY' s officers, employees or agents in connection therewith.
<br /> 14. Payment and Performance Bond:
<br /> The DEVELOPER agrees to furnish to INDIAN RIVER COUNTY a payment bond for 100 percent of the
<br /> total amount of the offsite utility bid and a performance bond for 125 percent of the offsite utility bid, subject
<br /> to COUNTY's approval, as security for the faithful performance of all of the contractor's obligations under
<br /> the contract documents. At the COUNTY's sole discretion, the COUNTY may accept a Letter of Credit,
<br /> drawn on a reputable financial institution located within 200 miles of Vero Beach, Florida, in lieu of a surety
<br /> bond.
<br /> Page 4
<br />
|