|
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION E
<br />LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAAGEMGEMENNTT
<br />OGC/OOC— 09/22
<br />Page 11 of 15
<br />b. To the extent provided by law, Recipient shall indemnify, defend, and hold harmless the Department against
<br />any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of
<br />Recipient, or any of its officers, agents, or employees, acting within the scope of their office or employment,
<br />in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the
<br />limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver
<br />of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes,
<br />Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the
<br />Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or for
<br />the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third
<br />parties in any manner arising out of this Agreement. This indemnification shall survive the termination of
<br />this Agreement.
<br />c. Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors,
<br />consultants, or subconsultants (each referred to as "Entity" for the purposes of the below indemnification)
<br />who perform work in connection with this Agreement:
<br />"To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the
<br />[RECIPIENT] and the State of Florida, Department of Transportation, including the Department's
<br />officers, agents, and employees, against any actions, claims, or damages arising out of, relating
<br />to, or resulting from negligent or wrongful act(s) of [ENTITY], or any of its officers, agents, or
<br />employees, acting within the scope of their office or employment, in connection with the rights
<br />granted to or exercised by [ENTITY].
<br />The foregoing indemnification shall not constitute a waiver of the Department's or [RECIPIENT']'s
<br />sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the
<br />same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT] for the
<br />negligent acts or omissions of [RECIPIENT], its officers, agents, or employees, or third parties. Nor
<br />shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for
<br />the negligent acts or omissions of the Department, its officers, agents, or employees, or third
<br />parties. This indemnification shall survive the termination of this Agreement."
<br />d. The Recipient shall, or cause its contractor or consultant to carry and keep in force, during the term of this
<br />Agreement, a general liability insurance policy or policies with a company or companies authorized to do
<br />business in Florida, affording public liability insurance with combined bodily injury limits of at least $200,000
<br />per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each
<br />occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also,
<br />or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as
<br />required by the State of Florida under the Workers' Compensation Law. With respect to any general liability
<br />insurance policy required pursuant to this Agreement, all such policies shall be issued by companies
<br />licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates
<br />showing the required coverage to be in effect with endorsements showing the Department to be an
<br />additional insured prior to commencing any work under this Agreement. Policies that include Self Insured
<br />Retention will not be accepted. The certificates and policies shall provide that in the event of any material
<br />change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall
<br />be given to the Department or as provided in accordance with Florida law.
<br />16. Maintenance Obligations: In the event the Project includes construction then the following provisions are
<br />incorporated into this Agreement:
<br />a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System
<br />constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
<br />Department right-of-way, the Recipient
<br />® shall
<br />❑ shall not
<br />maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is
<br />required to maintain Project improvements located on the Department right-of-way beyond final
<br />acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this
<br />
|