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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION <br />STATE HIGHWAY SYSTEM <br />PROJECT FUNDING AGREEMENT <br />Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or <br />property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad <br />shall also be 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 final <br />acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of <br />Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained <br />through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten <br />days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described <br />herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall <br />not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver <br />of any rights the Department may have. <br />f. Utilities. When the Agreement involves work on or in the vicinity of utility -owned property <br />or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial <br />General Liability policy/ies procured above. <br />g. Insurance Requirement Updates. To the extent the Department's Standard Specifications for <br />Road and Bridge Construction, as revised at the time the Agency enters into any contract for construction of the <br />Project, require higher or different insurance coverages, the requirements of the Standard Specifications shall <br />control. <br />17. Legal Requirements. <br />a. General. The Agency acknowledges that legal requirements are subject to change and agrees <br />that the most recent requirements shall govern its obligations under this Agreement at all times. The Agency shall <br />comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement <br />and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement <br />constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors <br />to comply with, all requirements imposed by applicable federal, state, and local laws and regulations. <br />b. Equal Opportunity and Non -Discrimination. In connection with the carrying out of the <br />Project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, <br />creed, color, sex or national origin and will comply with all statutes and implementing regulations relating to <br />nondiscrimination. <br />C. Environmental Regulations. Execution ofthis Agreement constitutes a certification by the Agency <br />that the Project will be carried out in accordance with all applicable environmental regulations including the <br />securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non- <br />compliance with applicable environmental regulations, including the securing of any applicable permits, and will <br />reimburse the Department for any loss incurred in connection therewith. <br />d. Compliance with Public Records Laws. The Agency agrees to comply with all provisions <br />provided in Chapter 119 Florida Statutes. If the Agency receives a public records request concerning its <br />work undertaken pursuant to this Agreement, the Agency must take appropriate action as required by <br />Chapter 119, Florida Statutes. The Department reserves the right to unilaterally cancel this Agreement for <br />Page 13 of 29 <br />