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A TRUE COPY <br />CERTIFICATION ON LAST PAGE 625-010-10 <br />J.R. SMITH, CLERK ROADWAY DESIGN <br />OGC - Oam <br />Page 4 of 12 <br />District Maintenance Engineer <br />The Department reserves its right to cause the Agency to relocate or remove the Project, in the <br />Department's sole discretion, and at the Agency's sole cost. <br />INDEMNITY AND INSURANCE. <br />a. The Agency agrees to include the following indemnification in all contracts with contractors, <br />subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement.- <br />"The <br />greement:"The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold <br />harmless the State of Florida, Department of Transportation and all of its officers, agents or employees <br />from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or <br />due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ <br />consultant/ subconsultant, its officers, agents or employees." <br />b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep <br />in force during the period of this Agreement a general liability insurance policy or policies with a company <br />or companies authorized to do business in Florida, affording public liability insurance with combined <br />bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property <br />damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance <br />with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant <br />shall cause the Department to be an additional insured party on the policy or policies, and shall provide <br />the Department with certificates documenting that the required insurance coverage is in place and <br />effective. In addition to any other forms of insurance or bonds required under the terms of the <br />Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must <br />provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in <br />accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge <br />Construction, as amended. <br />c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and <br />keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's <br />Compensation Law. <br />6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in <br />writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, <br />overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding <br />forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, <br />unless prior written notice of change of address is given. <br />STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION <br />DISTRICT FOUR PROGRAM MANAGER <br />District Maintenance Engineer <br />3400 West Commercial Boulevard, Fort Lauderdale, FI 33309 <br />Phone: 954-486-1400 <br />Fax: 954-777-4223 <br />Indian River County COUNTY [OR CITY], FLORIDA <br />Dept of Public Works, Engineering Division <br />1801 27th Street <br />