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2008-407
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2008-407
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Last modified
4/20/2016 2:14:42 PM
Creation date
10/1/2015 1:18:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/09/2008
Control Number
2008-407
Agenda Item Number
8.J.
Entity Name
Florida Department of Transportation
Subject
Joint Transportation Incentive Program Agreement
Area
Aviation Blvd. to Old Dixie Highway
Project Number
424142-1-58-01
Alternate Name
FDOT
Supplemental fields
SmeadsoftID
8388
Document Relationships
2008-197
(Attachments)
Path:
\Resolutions\2000's\2008
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C ) The COUNTY agrees that once the additional capacity from the PROJECT is <br /> available for purposes of concurrency under Fla . Stat. § 163 . 3180 , it will officially <br /> adopt the DEPARTMENT ' S level of service for the segment of US - 1 /SR-5 between <br /> the logical termini specified in (B ) , above . This will be accomplished through and <br /> update to the comprehensive plan within one year. <br /> 6 . INDEMNITY AND INSURANCE <br /> A) INDEMNITY <br /> i) When either party receives notice of claim for damages that may have been caused <br /> by the other party in the performance of services required under this Agreement, that <br /> party will immediately forward the claim to the other party . Each party will <br /> evaluate the claim , and report its findings to each other within fourteen ( 14) working <br /> days and jointly discuss options in defending the claim . A party ' s failure to <br /> promptly notify the other of a claim will not act as a waiver or any right herein . <br /> ii) With respect to any of the COUNTY ' S agents , consultants , subconsultants , <br /> contractors , and/or sub -contractors , such party in any contract for this Project shall <br /> agree to indemnify , defend , save and hold harmless the DEPARTMENT from all <br /> claims , demands , liabilities , and suits of any nature arising out of, because of or due <br /> to any intentional and/or negligent act or occurrence , omission or commission of <br /> such agents , consultants , subconsultants, contractors and/or subcontractors . The <br /> COUNTY shall provide to the DEPARTMENT written evidence of the foregoing <br /> upon the request of the DEPARTMENT , It is specifically understood and agreed <br /> that this indemnification clause does not cover or indemnify the DEPARTMENT <br /> for its own negligence . <br /> B ) LIABILITY INSURANCE . <br /> i) The COUNTY shall carry and keep in force during the period of this Agreement a <br /> general liability policy or policies with a company or companies authorized to do <br /> business in Florida, affording public liability insurance with combined bodily injury <br /> limits of at least $ 100 , 000 per person and $ 200 ,000 each occurrence , and property <br /> damage insurance of at least $ 50 , 000 each occurrence , for the services to be <br /> rendered in accordance with this Agreement . However, in the event the COUNTY <br /> maintains a self- insurance fund to cover such liability , the COUNTY agrees to <br /> maintain sufficient reserves in the fund to pay the above -described liability limits . In <br /> addition to any other forms of insurance or bonds required under the terms of this <br /> Agreement, the COUNTY must comply or cause its contractor to comply with § 7 - <br /> 13 of the DEPARTMENT ' S Standard Specifications for Road and Bridge <br /> Construction (2007) , as amended . Upon the DEPARTMENT ' S request the <br /> COUNTY must provide documentation to the DEPARTMENT that shows that the <br /> insurance requirements are being met in accordance with the Agreement. <br /> C) WORKERS ' COMPENSATION . <br /> i) The COUNTY shall also carry and keep in force Workers ' Compensation insurance <br /> as required for the State of Florida under the Workers ' Compensation Law . <br /> 7 , COMPLIANCE WITH LAWS <br /> A) The COUNTY shall allow public access to all documents , papers , letters, or other <br /> material subject to the provisions of Chapter 119 , Florida Statutes , made or received by <br /> the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant <br /> Page 5 of 13 <br />
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