The developer or developer's contractor shall purchase and maintain such liability and other insurance as appropriate for the work being performed and furnished and as will provide protection from claims set forth below which may provide protection from claims set forth below which may arise out of or result from the performance and furnishing of the work by anyone directly or indirectly employed by the developer and the developer's contractor and developer's other obligations under this Subdivision Control Ordinance whether it is to be performed or furnished by contractor, by any subcontractor, or supplier, by anyone directly or indirectly employed by any of them to perform or furnish any of the work or by anyone for whose acts any of them may be liable:
a. Workers' Compensation. Workers' Compensation in accordance with the laws of the State of Indiana and employers' liability in an amount not less than five hundred thousand dollars ($500,000.00).
b. General Liability.
1. Bodily Injury Liability and Property Damage Liability in an amount not less than one million dollars ($1,000,000.00) each occurrence and in the aggregate.
2. Above to include Premises Operations, Blanket Contractual Liability, Products, Completed Operations, Independent Contractors, Broad Form Property Damage, Personal Injury (employees' exclusion deleted) and “X”, “C” and “U” exclusions deleted.
c. Automobile Liability.
1. Bodily Injury Liability in an amount not less than five hundred thousand dollars ($500,000.00) for each person in one accident, and one million dollars ($1,000,000.00) for injuries sustained by two or more persons in any one accident.
2. Property Damage Liability in an amount not less than two hundred fifty thousand dollars ($250,000.00) each accident.
3. Coverage shall include hired and non-owned automobile.
d. Excess (Umbrella) Liability.
Coverage in an amount not less than three million dollars ($3,000,000.00) shall include, but not be limited to, excess coverage for the Workers' Compensation, Comprehensive General Liability, and Comprehensive Automobile Liability policies. The policies of insurance so required to be purchased and maintained shall:
1. include as additional insured the Town of Dyer and Town Engineer and all of whom shall be listed by name as additional insureds, and include coverage for the respective officers and employees, all of such additional insured;
2. remain in effect at least until final acceptance and at all times thereafter when contractor may be correcting, removing or replacing defective work.
The developer's contractor shall not commence work until he has filed with the Town Clerk-Treasurer a certificate of insurance showing complete coverage of all insurance required, signed by the insurance companies or their authorized agents. Each certificate shall provide that coverage shall not be terminated or reduced without thirty (30) days advance written notice to the Town Clerk-Treasurer.
All bonds and insurance required by the contract documents to be purchased and maintained by developer or developer's contractor shall be obtained from surety or insurance companies that are fully licensed or authorized in the jurisdiction in which the project is located to issue bonds or insurance policies for the limit and coverages so required.
In addition to delivering certificates of insurance, developer or developer's contractor shall also deliver to the Town, with copies to each additional insured, copies of all endorsements to the insurance policies which developer is required to purchase and maintain within ninety (90) calendar days after the date of the Pre- Construction Conference. (Ord. No. 94-9, § VIII, A, 8-9-94)