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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />STATE -FUNDED GRANT AGREEMENT
<br />525-010-60
<br />PROGRAM MANAGEMENT
<br />01/18
<br />standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State
<br />of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured
<br />as to such insurance. Such coverage shall be on an "occurrence" basis and shall include
<br />Products/Completed Operations coverage. The coverage afforded to the Department as an Additional
<br />Insured shall be primary as to any other available insurance and shall not be more restrictive than the
<br />coverage, afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each
<br />occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an
<br />umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations
<br />performed under the Agreement, and may not be shared with or diminished by claims unrelated to the
<br />Agreement. The policy/ies and coverage described herein may be subject to a deductible and such
<br />deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain
<br />or be subject to a Retention or a Self -Insured Retention unless the Recipient is a state agency or subdivision
<br />of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and
<br />at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided
<br />with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department
<br />shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or
<br />proposed change to any policy or coverage described herein. The Department's approval or failure to
<br />disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
<br />procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
<br />Department may have.
<br />d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass
<br />structure, or any other work or operations within the limits of the railroad right-of-way, including any
<br />encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient
<br />shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain
<br />Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and
<br />where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage
<br />per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be
<br />added along with the Department as an Additional Insured on the policy/ies procured pursuant to the
<br />paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to
<br />final acceptance of the work, both the Department and the railroad shall be provided with an ACORD
<br />Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein
<br />shall be maintained through final acceptance of the work. Both the Department and the railroad shall be
<br />notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change
<br />to any policy or coverage described herein. The Department's approval or failure to disapprove any
<br />policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
<br />maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
<br />e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall
<br />be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies
<br />procured above.
<br />15. Miscellaneous:
<br />a. In no event shall any payment to the Recipient constitute or be construed as a waiver by the Department
<br />of any breach of covenant or any default which may then exist on the part of the Recipient and the making
<br />of such payment by the Department, while any such breach or default shall exist, shall in no way impair or
<br />prejudice any right or remedy available to the Department with respect to such breach or default.
<br />b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In
<br />such an instance, the remainder would then continue to conform to the terms and requirements of
<br />applicable law.
<br />c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors,
<br />consultants, and subconsultants are not agents of the Department as a result of this Agreement.
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