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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01
<br />PUBLIC TRANSPORTATION STRATEGIC
<br />DEVELOPMENT
<br />GRANT AGREEMENT OGc07/22
<br />It is specifically agreed between the Parties executing this Agreement that it is not intended
<br />by any of the provisions of any part of this Agreement to create in the public or any member
<br />thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to
<br />this Agreement to maintain a suit for personal injuries or property damage pursuant to the
<br />terms or provisions of this Agreement. The Agency guarantees the payment of all just claims
<br />for materials, supplies, tools, or labor and other just claims against the Agency or any
<br />subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify,
<br />defend, and hold harmless the State of Florida, Department of Transportation, including the
<br />Department's officers and employees, from liabilities, damages, losses, and costs, including,
<br />but not limited to, reasonable attorney's fees, to the extent caused by the negligence,
<br />recklessness, or intentional wrongful misconduct of the Agency and persons employed or
<br />utilized by the Agency in the performance of this Agreement. This indemnification shall
<br />survive the termination of this Agreement. Additionally, the Agency agrees to include the
<br />following indemnification in all contracts with contractors/subcontractors and
<br />consultants/subconsultants who perform work in connection with this Agreement:
<br />"To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify,
<br />defend, and hold harmless the Agency and the State of Florida, Department of Transportation,
<br />including the Department's officers and employees, from liabilities, damages, losses and
<br />costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
<br />negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and
<br />persons employed or utilized by the contractor/consultant in the performance of this
<br />Agreement.
<br />This indemnification shall survive the termination of this Agreement."
<br />b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's
<br />Workers' Compensation law for all employees. If subletting any of the work, ensure that the
<br />subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their
<br />employees in accordance with Florida's Workers' Compensation law. If using "leased
<br />employees" or employees obtained through professional employer organizations ("PEO's"),
<br />ensure that such employees are covered by Workers' Compensation Insurance through the
<br />PEO's or other leasing entities. Ensure that any equipment rental agreements that include
<br />operators or other personnel who are employees of independent contractors, sole
<br />proprietorships, or partners are covered by insurance required under Florida's Workers'
<br />Compensation law.
<br />If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency
<br />elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or
<br />cause its contractor or consultant to carry, Commercial General Liability insurance providing
<br />continuous coverage for all work or operations performed under this Agreement. Such
<br />insurance shall be no more restrictive than that provided by the latest occurrence form edition
<br />of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed
<br />for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant
<br />to cause, the Department to be made an Additional Insured as to such insurance. Such
<br />coverage shall be on an "occurrence" basis and shall include Products/Completed Operations
<br />coverage. The coverage afforded to the Department as an Additional Insured shall be primary
<br />as to any other available insurance and shall not be more restrictive than the coverage
<br />afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for
<br />each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of
<br />amounts provided by an umbrella or excess policy. The limits of coverage described herein
<br />shall apply fully to the work or operations performed under the Agreement, and may not be
<br />shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage
<br />described herein may be subject to a deductible and such deductibles shall be paid by the
<br />Named Insured. No policy/ies or coverage described herein may contain or be subject to a
<br />Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of
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