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(3) Professional Liability Insurance providing coverage for <br />intentional, reckless or negligent acts, errors, or omission committed or <br />alleged to have been committed by the Developer's Engineer with a limit <br />of $500,000 per claim/annual aggregate. <br />There shall be no more than $5,000 deductible per claim amount unless approved <br />by the County Risk Manager. Any deductibles or self-insured retentions greater <br />than $5,000 must be approved by the Risk Manager for Indian River County with <br />the ultimate responsibility for same going to the Developer. <br />C. The Developer's insurance coverage shall be primary. <br />D. All above insurance policies shall be placed with insurers with a <br />Best's rating of no less than AV. The insurer chosen shall also be licensed to do <br />business in Florida. <br />E. The insurance policies procured shall be per occurrence policies or <br />as generally available on the open insurance market. <br />F. The Insurance Carriers shall supply Certificates of Insurance <br />evidencing such coverage to the Indian River County Risk Management <br />Department prior to the commencement of any work in a County right-of-way. <br />G. The insurance companies selected shall send written verification to <br />the Indian River County Risk Management Department that they will provide <br />thirty (30) days written notice to the Indian River County Risk Management of its <br />intent to cancel or terminate said policies of insurance. <br />H. A written safety inspection plan must be submitted to the Indian <br />River County Risk Management Department for approval prior to the <br />commencement of any work in a County right-of-way. <br />I. The Developer shall include in all sub -contracts for sub -contractors <br />the above insurance requirement or show them as insured under its policies or <br />shall furnish separate certificates and endorsements for each sub- <br />contractor. All coverages for sub -contractors shall be subject to all of the <br />requirements stated herein. <br />J. Up to $1 million, the Developer hereby agrees to indemnify Indian <br />River County and Representatives thereof from all claims arising solely from <br />intentional, reckless or negligent acts, errors or omissions of the Developer or the <br />Developers' Representatives in the performance of Services under this Amended <br />Agreement and for which the Developer is legally liable. <br />RM:7031940:9 <br />Page 9 of 14 <br />