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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 />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
<br />procure and maintain the insurance required herein, nor serve as a waiver of any rights the
<br />Department may have.
<br />e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
<br />the utility shall be added along with the Department as an Additional Insured on the
<br />Commercial General Liability policy/ies procured above.
<br />19. Miscellaneous:
<br />a. Environmental Regulations. The Agency will be solely responsible for compliance with all
<br />applicable environmental regulations and for any liability arising from non-compliance with
<br />these regulations, and will reimburse the Department for any loss incurred in connection
<br />therewith.
<br />b. Non -Admission of Liability. In no event shall the making by the Department of any payment
<br />to the Agency constitute or be construed as a waiver by the Department of any breach of
<br />covenant or any default which may then exist on the part of the Agency and the making of
<br />such payment by the Department, while any such breach or default shall exist, shall in no way
<br />impair or prejudice any right or remedy available to the Department with respect to such breach
<br />or default.
<br />c. Severability. If any provision of this Agreement is held invalid, the remainder of this
<br />Agreement shall not be affected. In such an instance, the remainder would then continue to
<br />conform to the terms and requirements of applicable law.
<br />d. Agency not an agent of Department. The Agency and the Department agree that the
<br />Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
<br />agents of the Department as a result of this Agreement.
<br />Page 15 of 24
<br />A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />J.R. SMITH, CLERK
<br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
<br />Fonn 725.000-01
<br />PUBLIC TRANSPORTATION
<br />STRATEGIC
<br />GRANT AGREEMENT
<br />DEVELOPMENT
<br />Occ07122
<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 />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
<br />procure and maintain the insurance required herein, nor serve as a waiver of any rights the
<br />Department may have.
<br />e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities,
<br />the utility shall be added along with the Department as an Additional Insured on the
<br />Commercial General Liability policy/ies procured above.
<br />19. Miscellaneous:
<br />a. Environmental Regulations. The Agency will be solely responsible for compliance with all
<br />applicable environmental regulations and for any liability arising from non-compliance with
<br />these regulations, and will reimburse the Department for any loss incurred in connection
<br />therewith.
<br />b. Non -Admission of Liability. In no event shall the making by the Department of any payment
<br />to the Agency constitute or be construed as a waiver by the Department of any breach of
<br />covenant or any default which may then exist on the part of the Agency and the making of
<br />such payment by the Department, while any such breach or default shall exist, shall in no way
<br />impair or prejudice any right or remedy available to the Department with respect to such breach
<br />or default.
<br />c. Severability. If any provision of this Agreement is held invalid, the remainder of this
<br />Agreement shall not be affected. In such an instance, the remainder would then continue to
<br />conform to the terms and requirements of applicable law.
<br />d. Agency not an agent of Department. The Agency and the Department agree that the
<br />Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not
<br />agents of the Department as a result of this Agreement.
<br />Page 15 of 24
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