Laserfiche WebLink
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 <br /> manager in an amount not less than $3 ,000 ,000 combined single limit for bodily injury and property <br /> damage in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall <br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any <br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable <br /> insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than <br /> $ 3 ,000,000 per occurrence combined single limit for bodily injury and property damage in accordance <br /> with the COUNTY ' s Administrative Policy Manual. The commercial general liability and auto liability <br /> insurance policies shall name INDIAN RIVER COUNTY, a political subdivision of the State of Florida, <br /> as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten ( 10) days prior to the <br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a <br /> certificate of worker ' s compensation insurance with a limit of $ 100,000 for each accident, $ 500, 000 <br /> disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY ' s <br /> Administrative Policy Manual. The DEVELOPER shall provide to the COUNTY at least thirty (30) days ' <br /> written notice by registered mail, return receipt requested, addressed to the COUNTY ' s risk manager, prior <br /> to cancellation or modification of 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 party claims, <br /> judgments, and expense to persons or property that may arise out of, or be occasioned by, any work <br /> contemplated by this agreement, or from any act or omission of any representative, agent, client, and/or <br /> employee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims <br /> and any judgments that may be entered in connection therewith, including attorney fees . DEVELOPER <br /> shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately <br /> owned, may sustain or receive in connection with any work contemplated by this agreement. <br /> DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for <br /> damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or <br /> maintenance of any public improvement, or utility, whether presently in place or which may in the future <br /> be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or <br /> storm sewer facilities , and whether such damage is due to flooding, infiltration, backflow, and/or seepage <br /> caused from the failure of any installation, natural causes, or from any other cause of whatsoever kind or <br /> nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition <br /> of this agreement, that it shall be full and total indemnity against any kind or character of claim whatsoever <br /> that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, <br /> claims, and causes of action brought against the COUNTY arising out of or in connection with any work <br /> contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments , including <br /> attorney fees, that may be rendered against the COUNTY or against the COUNTY ' s officers, employees or <br /> agents in connection therewith. <br /> 14. Maintenance Bond: <br /> The DEVELOPER agrees to convey all right, title, and interest in the aforementioned utility improvements <br /> to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, <br /> issued by a reputable surety company authorized to do business in the State of Florida, for a period of one <br /> year after the COUNTY's acceptance of the improvements. The value of the Maintenance Bond shall be <br /> 25 percent of the total construction value of the utility improvements . At the COUNTY's sole discretion, <br /> the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 <br /> miles of Vero Beach, Florida, in lieu of a surety bond . <br /> F:\UTILITIES\UTILITY - ENGINEERING\PROJECTS - UTILITY CONSTRUCTION PERMITS\TARMAC AMERICA OFFSITE WATER <br /> MAIN UCP #2480\DEVELOPERS AGREEMENT-REV I . DOCPage 4 of 7 <br />