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STATE OF FLORIDA OF PAR TMENT OF TRANSPORTATION 525.010-60 <br /> STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGF ME N1 <br /> 05121 <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 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 /> 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 /> 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 /> g. 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 /> Page 11 of 14 <br />