|
DocuSign Envelope ID:27562A39-54B9-4980-BOFD-AE1DCBC76974
<br /> STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40
<br /> LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT
<br /> oc;c-om7
<br /> Page 11du
<br /> 15. Indemnification and Insurance:
<br /> A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
<br /> provisions of any part of this Agreement to create in the public or any member thereof, a third party
<br /> beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit
<br /> for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The
<br /> Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just
<br /> claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the
<br /> Agency agrees to include the following indemnification in all contracts with contractors/subcontractors,or
<br /> consultants/subconsultants who perform work in connection with this Agreement:
<br /> "To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold harmless
<br /> the Agency, the State of Florida, Department of Transportation, and its officers and employees,
<br /> from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
<br /> fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
<br /> the contractor and persons employed or utilized by the contractor in the performance of this
<br /> Contract."
<br /> This indemnification shall survive the termination of this Contract. Nothing contained in this
<br /> paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
<br /> sovereign immunity. •
<br /> To the fullest extent permitted by law, the Agency's consultant shall indemnify and hold harmless
<br /> the Agency, the State of Florida, Department of Transportation, and its officers and employees,
<br /> from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's
<br /> fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
<br /> the consultant and persons employed or utilized by the consultant in the performance of this
<br /> Contract.
<br /> This indemnification shall survive the termination of this Contract. Nothing contained in this
<br /> paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency's
<br /> sovereign immunity."
<br /> B. The Agency shall, or cause its contractor or consultant to carry and keep in force, during the term of this
<br /> Agreement, a general liability insurance policy or policies with a company or companies authorized to do
<br /> business in Florida, affording public liability insurance with combined bodily injury limits of at least
<br /> $200,000 per person and $300,000 each occurrence, and property damage insurance of at least
<br /> $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The
<br /> Agency shall also, or cause its contractor or consultant to carry and keep in force Workers'Compensation
<br /> Insurance as required by the State of Florida under the Workers' Compensation Law. With respect to any
<br /> general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by
<br /> companies licensed to do business in the State of Florida. The Agency shall provide to the Department
<br /> certificates showing the required coverage to be in effect with endorsements showing the Department to
<br /> be an additional insured prior to commencing any work under this Agreement. Policies that include Self
<br /> Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any
<br /> material change in or cancellation of the policies reflecting the required coverage, thirty days advance
<br /> notice shall be given to the Department or as provided in accordance with Florida law.
<br /> 16. Miscellaneous Provisions:
<br /> A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for
<br /> any liability arising from non-compliance with these regulations, and will reimburse the Department for any
<br /> loss incurred in connection therewith. The Agency will be responsible for securing any applicable
<br /> permits. The Agency shall include in all contracts and subcontracts for amounts in excess of$150,000, a
<br /> provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the
<br />
|