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• 850-040-69
<br /> - MAINTENANCE
<br /> OGC - 06/10
<br /> Page 2 of 4
<br /> DEPARTMENT with certificates documenting that the required insurance coverage is in place and effective
<br />. If the
<br /> Construction Coordinator is a local governmental entity they will be exempt from these requirements .
<br /> 5 . The Construction Coordinator shall be responsible for monitoring construction operations and the
<br /> maintenance of traffic ("MOT") throughout the course of the project in accordance with the latest edition of
<br /> the
<br /> DEPARTMENT Standard Specifications , section 102 . The Construction Coordinator is responsible for the development of
<br /> a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with
<br /> the latest
<br /> version of the DEPARTMENT Design Standards , Index 600 series . Any MOT plan developed by the
<br /> Construction
<br /> Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional
<br /> engineer. MOT plans will require approval by the DEPARTMENT prior to implementation .
<br /> 6 . The Construction Coordinator shall be responsible for locating all existing utilities , both aerial and
<br /> underground , and for ensuring that all utility locations be accurately documented on the construction plans .
<br /> All utility
<br /> conflicts shall be fully resolved directly with the applicable utility.
<br /> 7 . The Construction Coordinator will be responsible for obtaining all permits that may be required by other
<br /> agencies or local governmental entities .
<br /> 8 . It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements
<br /> resulting from this agreement shall become the property of the DEPARTMENT . Neither the granting of the permission to
<br /> use the DEPARTMENT right of way nor the placing of facilities upon the DEPARTMENT property shall operate to create
<br /> or vest any property right to or in the Construction Coordinator, except as may otherwise be
<br /> provided in separate
<br /> agreements . The Construction Coordinator shall not acquire any right, title , interest or estate in DEPARTMENT right of
<br /> way, of any nature or kind whatsoever, by virtue of the execution , operation , effect, or performance of
<br /> this Agreement
<br /> including , but not limited to , the Construction Coordinator' s use , occupancy or possession of DEPARTMENT right of way.
<br /> The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future
<br />transportation
<br /> concurrency requirements pursuant to chapter 163, Florida Statutes .
<br /> 9 . The Construction Coordinator shall perform all required testing associated with the design and
<br /> construction of the project . Testing results shall be made available to the DEPARTMENT upon request. The
<br /> DEPARTMENT shall have the right to perform its own independent testing during the course of the Project.
<br /> 10 . The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform
<br /> this
<br /> Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
<br /> Agreement and all applicable federal , state , local , administrative , regulatory, safety and environmental laws , codes , rules
<br />,
<br /> regulations , policies , procedures , guidelines , standards and permits , as the same may be constituted and amended
<br />from
<br /> time to time , including , but not limited to , those of the DEPARTMENT, applicable Water Management District,
<br /> Florida
<br /> Department of Environmental Protection , Environmental Protection Agency, the Army Corps of Engineers , the United
<br /> States Coast Guard and local governmental entities .
<br /> 11 . If the DEPARTMENT determines a condition exists which threatens the public's safety, the
<br /> DEPARTMENT may, at its discretion , cause construction operations to cease and immediately have any potential hazards
<br /> removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator . The
<br /> Construction
<br /> Coordinator shall bear all construction delay costs incurred by the DEPARTMENT .
<br /> 12 . All work and construction shall be completed within 730 days of the date of the last signature affixed
<br /> to
<br /> this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond . The
<br /> DEPARTMENT may terminate this Agreement at any time , with or without cause and without DEPARTMENT liability to
<br /> the Construction Coordinator, by providing sixty ( 60) days prior written notice of termination to the Construction
<br /> Coordinator .
<br /> 13 . The Construction Coordinator shall be responsible to maintain and restore all features that might require
<br /> relocation within the DEPARTMENT right of way.
<br /> 14 . The Construction Coordinator will be responsible for clean up or restoration required to
<br /> correct any
<br /> environmental or health hazards that may result from construction operations .
<br /> 15 . Upon completion of construction , the Construction Coordinator will be required to submit to the
<br /> DEPARTMENT final as-built plans and an engineering certification that construction was completed in accordance to the
<br /> plans . Prior to the termination of this Agreement , the Construction Coordinator shall remove its presence, including ,
<br /> but
<br /> not limited to , all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way
<br /> and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project
<br /> to
<br /> substantially the same condition that existed immediately prior to the commencement of the Project.
<br /> 16 . If the DEPARTMENT determines that the Project is not completed in accordance with the provisions
<br />of
<br /> this Agreement , the DEPARTMENT shall deliver written notification of such to the Construction Coordinator.
<br /> The
<br /> Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice
<br />, or
<br /> such other time as the Construction Coordinator and the DEPARTMENT mutually agree to in writing , to complete
<br /> the
<br /> Project and provide the DEPARTMENT with written notice of the same (the " Notice of Completion") . If the Construction
<br /> Coordinator fails to timely deliver the Notice of Completion , or if it is determined that the Project is not properly
<br /> completed
<br /> after receipt of the Notice of Completion , the DEPARTMENT , within its discretion may : 1 ) provide
<br /> the Construction
<br />
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