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11 <br />"FORM NO. 710-010-74 <br />s 3288 <br />Page 2 of 3 <br />2. All of the work on the lighting system is to be done according to the plans and specifications of <br />the DEPARTMENT which plans and oscillations are, by refarreee Mato, Sade a part hereof. TM <br />DEPARTMENT will be responsible for performing the completed installation. <br />�. The DEPARTMENT rill provide the necessary engineering supervision to assure eonstructioa is In <br />compliance with the plans and specifications bereinabove referred to, and will perform the nal <br />'inspection of the completed project. . fi <br />4. The COUNTY agrees that the equipment of the lighting system shall remain the property of the <br />DEPARTMENT, and it is hereby understood and agreed that the COUNTY shall not, under any condition, remove <br />the equipment which is the subject matter et this Agreement for any reason without permission and written <br />consent of the DEPARTMENT. <br />S. The COUNTY further agrees upon completion of the installation, to assume sole responsibility for <br />the maintenance of said lighting signal system in accordance with the DEPARTMENT'S policies and "Standard <br />Specif*cations for Highway Lighting". <br />6. The COUNTY further agrees to be responsible for the payment of all cost for electrical power <br />and/or other electrical charges incurred in connection with the operation of the completed lighting <br />system. <br />7. The COUNTY covenants and agrees that it will Indemnify and hold harsh's. to the extent provided <br />by Florida Statutes 768.28, DEPARTMENT and all of DEPARTMENl's officers, agents, and employees from any <br />claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by <br />COUNTY during the performance of the contract, whether direct or indirect, and whether to any person or <br />property to which DEPARTMENT or said parties may be subject, except that neither COUNTY nor any'of its <br />sub -contractors will be liable under this section for damages arising out of injury or damage to persons <br />or property directly caused or resulting from the sole negligence of DEPARTMENT or any of its officers, <br />agents or employees. <br />8. All services and work under the construction contract shall be performed to the satisfaction of <br />the DEPARTMENT'S Director of Construction end he shall decide all questions, difficulties and disputes of <br />whatever nature, which may arise under or by reason of such contract for highway lighting; the <br />prosecution and fulfillment of the services thereunder, and the character, quality, amount, and value <br />thereof; and his decision upon all claims, questions, and disputes thereunder shall be final and <br />conclusive upon the parties hereto. <br />9. The COUNTY will inform the Department's appropriate Resident Engineer in writing when they start <br />or resume work on the project. <br />