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DocuSi n Envelop veltlp 10: E1848C?D7-gdB't4 287 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPOIWAT ll t GRANT AGREES 0007 coverage. or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon #C= work or operations in the vicinity d lila, railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form GG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6.000.000. The railroad shall also be added along with the Department as an Additional Insured on the policylies pmwred pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be noted in writing within ten days of any cancellation. notice of cancellation. renewal, or proposed change to any polic3y, or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage. or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicirity of utility-owned pro orlaci , the utility shall be added along with the Department as an Additional�lfttWed on ft Commercial General Liability policylies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred it connection therewith b. Non -Admission of Liability, In no event shall the making by the Departmentof any payment to the Agency constitute or be construed as a waiver by the Department of my breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision Of this Agreement is held invalid the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f hl n -Contravention of State Law. Nothing in the Agreement shall require th4k.,AGWAY W Observe or enforce compliance with any provision or perform any act or do any moi" in a�111a af�S .