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Last modified
11/4/2016 11:44:15 AM
Creation date
11/4/2016 11:44:10 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/18/2016
Control Number
2016-180
Agenda Item Number
8.P.
Entity Name
Florida Department of Transportation
Subject
Small County Outreach Program
Reconstructing 58th Ave.
Area
58th Ave. from 26th St. to 57th St.
Project Number
434840-1-54-01
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Florida Statutes: 850-035-01 <br /> 334.044(7) PROGRAM MANAGEMENT <br /> OGC-12/15 <br /> Page 10 of 20 <br /> just claims for materials,supplies,tools,or labor and other just claims against the Recipient <br /> or any subcontractor, in connection with this Agreement. Additionally, the Recipient <br /> agrees to include the following indemnification in all contracts with <br /> contractors/subcontractors and consultants/sub consultants who perform work in <br /> connection with this Agreement. <br /> "To the fullest extent permitted by law the Recipient's contractor shall indemnify and hold <br /> harmless the Recipient,the State of Florida,Department of Transportation,and its officers <br /> and employees, from liabilities, damages, losses and costs, including, but not limited to, <br /> reasonable attorney's fees, to the extent caused by the negligence, recklessness or <br /> intentional wrongful conduct of contractor and persons employed or utilized by contractor <br /> in the performance of this Agreement. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained <br /> in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and <br /> the Recipient's sovereign immunity. <br /> To the fullest extent permitted by law,the Recipient's consultant shall indemnify and hold <br /> harmless the Recipient,the State of Florida,Department of Transportation,and its officers <br /> and employees from liabilities, damages, losses, and costs, including, but not limited to, <br /> reasonable attorney fees to the extent caused, in whole or in part, by the professional <br /> negligence, error or omission, recklessness, or intentional wrongful conduct of the <br /> consultant or persons employed or utilized by the consultant in the performance of the <br /> Agreement. <br /> This indemnification shall survive the termination of this Agreement. Nothing contained <br /> in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and <br /> the Recipient's sovereign immunity." <br /> 17. The Recipient shall provide Workers' Compensation Insurance in accordance with <br /> Florida's Workers' Compensation law for all employees. If subletting any of the work, <br /> ensure that the subcontractor(s) have Workers' Compensation Insurance for their <br /> employees in accordance with Florida's Workers' Compensation law. If using "leased <br /> employees" or employees obtained through professional employer organizations <br /> ("PEO's"), ensure that such employees are covered by Workers' Compensation insurance <br /> through the PEO's or other leasing entities. Ensure that any equipment rental agreements <br /> that include operators or other personnel who are employees of independent Contractors, <br /> sole proprietorships or partners are covered by insurance required under Florida's Workers' <br /> Compensation law. <br /> 18. The Recipient shall, or cause its contractor or consultant to carry Commercial General <br /> Liability insurance providing continuous coverage for all work or operations performed <br /> under the Agreement. Such insurance shall be no more restrictive than that provided by the <br /> latest occurrence form edition of the standard Commercial General Liability Coverage <br /> Form (ISO Form CG 00 01) as filed for use in the State of Florida. Cause the Department <br /> to be made an Additional Insured as to such insurance. Such coverage shall be on an <br /> "occurrence" basis and shall include Products/Completed Operations coverage. The <br /> coverage afforded to the Department as an Additional Insured shall be primary as to any <br />
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