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against all claims, liability, loss and expense, including reasonable costs, collection
<br /> expenses, attorneys' fees, and court costs which may arise because of the negligence
<br /> (whether active or passive), misconduct, or other fault, in whole or in part (whether joint,
<br /> concurrent, o'r contributing), of ContractorNendor, its officers, agents or employees in
<br /> performance or non-performance of its obligations under the Agreement.
<br /> ContractorNendor recognizes the broad nature of this indemnification and hold harmless
<br /> clause, as well as the provision of a legal defense to the City of Zephyrhills when
<br /> necessary, and voluntarily makes this covenant and expressly acknowledges the receipt
<br /> of such good and valuable consideration provided by the City of 2eDhvrhills in support of
<br /> these indemnification, legal defense and hold harmless contractual obligations
<br /> in accordance with the laws of the State of Florida. This clause shall survive the
<br /> termination of this Agreement. Compliance with any insurance;requirements required
<br /> elsewhere within this Agreement shall not relieve ContractorN41ndor of its liability and
<br /> obligation to defend, hold harmless and indemnify the City of Zephyrhills as set forth in
<br /> this article of the Agreement. Nothing herein shall be construed to extend the City of
<br /> Zephyrhills's liability beyond that provided in section 768.28, Florida Statutes.
<br /> 4.8 BUILDERS' RISK If this Contract includes: (1) construction of a new
<br /> above-ground structure or structures, or(2)any addition(s), improvement(s), alteration(s),
<br /> or repair(s), to an existing above-ground structure or structures, or (3) the installation of
<br /> machinery or equipment into an existing structure or structures, the Contractor shall
<br /> provide, in a policy acceptable to the City, "all risk" (i.e. Special Form) property insurance
<br /> on any such construction, additions, machinery or equipment. The amount of the
<br /> insurance shall be no less than the estimated replacement value at the time of the City's
<br /> final acceptance of such new structures, addition(s), improvement(s), alteration(s),
<br /> repair(s), machinery or equipment. The coverage shall not be subject to any restriction
<br /> with respect to occupancy or use by the City and, subject to thirty (30) days' prior written
<br /> notice to the City shall remain in full effect until final acceptance by the City. In addition,
<br /> the City, the Professional, and the Contractor's subcontractors, of any tier, shall be
<br /> additional insureds on this policy. The insurance shall include a;deductible no greater
<br /> than one percent(1%)of the Contract amount, or$25,000,whichever is smaller,for which
<br /> the Contractor shall be responsible. The risk of loss whether insured or not shall remain
<br /> with the Contractor until final acceptance. Upon request, Contractor shall furnish to the
<br /> City complete copies of the insurance policy.
<br /> ARTICLE V. CHANGES IN THE WORK
<br /> 5.1 Changes in the work may be accomplished after execution of this
<br /> Agreement, without invalidating this Agreement, by written change�order, signed by each
<br /> party, subject to the limitations stated in the Contract Documents.
<br /> 5.2 For the purposes of this Agreement, a change order is defined as a written
<br /> instrument prepared by the Contractor and signed by both parties stating their agreement
<br /> upon all of the following: (1) a change in the work; (2) the amount of the adjustment, if
<br /> any, in the contract sum; and (3)the extent of the adjustment, if any, in the contract time.
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