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PUBLIC TRANSPORTATION DEVELOPMENT <br /> GRANT AGREEMENT 0CCO2/19 <br /> b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's <br /> Workers' Compensation law for all employees. If subletting any of the work, ensure that the <br /> subcontractor(s) and subconsultant(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 ("PEO's"), <br /> ensure that such employees are covered by Workers' Compensation Insurance through the <br /> PEO's or other leasing entities. Ensure that any equipment rental agreements that include <br /> operators or other personnel who are employees of independent contractors, sole <br /> proprietorships, or partners are covered by insurance required under Florida's Workers' <br /> Compensation law. <br /> c. If the Agency elects to self-perform the Project,then the Agency may self-insure. If the Agency <br /> elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or <br /> cause its contractor or consultant to carry, Commercial General Liability insurance providing <br /> continuous coverage for all work or operations performed under this Agreement. Such <br /> insurance shall be no more restrictive than that provided by the latest occurrence form edition <br /> of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed <br /> for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant <br /> to cause, the Department to be made an Additional Insured as to such insurance.Such <br /> coverage shall be on an"occurrence" basis and shall include Products/Completed Operations <br /> coverage.The coverage afforded to the Department as an Additional Insured shall be primary <br /> as to any other available insurance and shall not be more restrictive than the coverage <br /> afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for <br /> each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of <br /> amounts provided by an umbrella or excess policy. The limits of coverage described herein <br /> shall apply fully to the work or operations performed under the Agreement, and may not be <br /> shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage <br /> described herein may be subject to a deductible and such deductibles shall be paid by the <br /> Named Insured. No policy/ies or coverage described herein may contain or be subject to a <br /> Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of <br /> the State of Florida that elects to self-perform the Project. Prior to the execution of the <br /> Agreement, and at all renewal periods which occur prior to final acceptance of the work, the <br /> Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the <br /> coverage described herein. The Department shall be notified in writing within ten days of any <br /> cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or <br /> coverage described herein.The Department's approval or failure to disapprove any policy/ies, <br /> 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 or defenses the <br /> Department may have. <br /> d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass <br /> or underpass structure, or any other work or operations within the limits of the railroad right- <br /> of-way, including any encroachments thereon from work or operations in the vicinity of the <br /> railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance <br /> coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO <br /> Form CG 00 35) where the railroad is the Named Insured and where the limits are not less <br /> than $2,000,000 combined single limit for bodily injury and/or property damage per <br /> occurrence,and with an annual aggregate limit of not less than$6,000,000.The railroad shall <br /> also be added along with the Department as an Additional Insured on the policy/ies procured <br /> pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal <br /> periods which occur prior to final acceptance of the work, both the Department and the railroad <br /> shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage <br /> described herein. The insurance described herein shall be maintained through final <br /> acceptance of the work. Both the Department and the railroad shall be notified in writing within <br /> ten days of any cancellation, notice of cancellation, renewal,or proposed change to any policy <br /> 69 <br />