|
DocuSign Envelope ID: 2B16A1F0-9890-4B32-B498-9507F2BA43B6
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
<br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
<br />loizozo
<br />granted to or exercised by [ENTITY] hereunder, to the extent and within the limitations of Section
<br />768.28, Florida Statutes.
<br />The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits
<br />set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute
<br />agreement by [ENTITY] to indemnify [RECIPIENT] for the negligent acts or omissions of
<br />[RECIPIENT], its officers, agents, or employees, or third parties. Nor shall the same be construed
<br />to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or
<br />omissions of the Department, its officers, agents, or employees, or third parties. This
<br />indemnification shall survive the termination of this Agreement."
<br />d. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers'
<br />Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and
<br />subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's
<br />Workers' Compensation law. If using "leased employees" or employees obtained through professional
<br />employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation
<br />insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that
<br />include operators or other personnel who are employees of independent contractors, sole proprietorships
<br />or partners are covered by insurance required under Florida's Workers' Compensation law.
<br />e. If the Recipient elects to self -perform the Project, and such self -performance is approved by the Department
<br />in accordance with the terms of this Agreement, the Recipient may self -insure and proof of self-insurance
<br />shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to perform the
<br />Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability
<br />insurance providing continuous coverage for all work or operations performed under the Agreement. Such
<br />insurance shall be no more restrictive than that provided by the latest occurrence form edition of the
<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 policylies and coverage described herein may be subject to a deductible and such
<br />deductibles shall be paid by the Named Insured. No policylies 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 />f. 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 />Page 11 of 14
<br />
|