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DowSign Envelope ID 0816C7D7-0061-46B4- <br />sTATEr�"ASIORS" 01"MW OF TRANrsvoarA M <br />PUKX 7%~ORTATION. <br />~#CREEMENT <br />.. <br />subcor>tra , in conte with tills Agri. �I ionafly, 4he Agency shall irideMlOy, <br />defend, and !iW harrrtleaaic State of Dirk, IN rtment afTWsportation, including file <br />DepartmeWs Officers and employees, *i1i , damages, tosses, and costs, including, <br />but not ltmiaed to, reasonable attorney's 'lees, to the extent caused by the negligence, <br />reddeserli s, or intentional wrongful mboon_c#u+ t 1! the Agency and persons employed or <br />srtifi d # the Ager •lit the perfonnar4a +> Agreement. 'alis; #emnificatlon shalt <br />survive termrnsrtiafr dii this Agreement. Additionally, the Agency agrees toincludethe <br />foYowing indemni%tion in all contracts with contractors/subcontractors and <br />oorrsuitants/subconsuttants who perform work in connection with this Agreement; <br />'to the fullest extent permitted by law, the Agency's; acto0conw'Itant shall lndemnlfy <br />defend, and hold harmless the Agency a nielthe State of�a, Depart t"ransportatiolii, <br />including the Departments officers aid# employees, frtult liabilities, don0ps, losses a W <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 contractorfconsultant and <br />persons employed or Mind .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 stall provide Wort eW 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 suJ;omulta sl) have VAWAers' OwrOnsation instsame for ter <br />employees in accordance with Flo dais Workers' Compensation law. If using 'leased <br />employees' or employees obtained through professional employer organizations CPEOY), <br />ensure that such employees are covered by WorkeW tornpensation InsurraO*' #Wftgh 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 />c. if the Agency elects to self -perform the Project, them 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 awe restrictive 006.t pri ded bythe latest of encs 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 Muse its aontrac tior or consultant <br />to cause, the 'Department to be made an Additional Insured as to °l,1 * kwi <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 rat .restrictive than do tloverage <br />afforded to the Named Insured. The limits of coverage shall not be less than $1:,.1100,000 for <br />each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of <br />amounts provided by an umbrella or excess policy. The limits of coverage described herein <br />shall apply fully to the work or operations performed under the Agreement, and way i* be <br />shared with or diminished by claims unrelated to the Agreement. The policyres and coverage <br />described herein may be subject to a deductible and such deductibles shall be paid by the.::. <br />Named insured. Ng.policy/ies oar4everage dowibed Mrsin t1 gt lt:aubjedt> test <br />Retention or a$elf-Insured Retenln unless a AgeF y is a state any ter subdivis%r of <br />the State of Florida that elects to self-perfoft the Pfaject. Prior to the execution of the <br />Agreement, ar `at all renewal�;�`40 final r ifr � ,the <br />Department shall be provided wtih alt ACM Certr aile of Liability Insurance fr Being the <br />coverage described herein. The Depefiment shall be notified in writing within teff yrs of any <br />cancellation, notice of cancellation, lapse, renewal, * proposed change to +ter <br />coverage described herein. The Departments approval orfailurelst disapprove any " , <br />