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<br />CERTIFICATION ON LAST PAGE
<br />625-01 0-10
<br />J.R. SMITH, CLERK ROADWAY DESIGN
<br />OGC - 08/17
<br />Page 2 of 12
<br />disclaims all other representations and warranties in connection with the plans, including, but not limited
<br />to the integrity, suitability, or fitness for the intended purpose or whether the improvements are
<br />constructed in accordance with the plans. The Department's review of the plans does not relieve the
<br />Agency, its consultants or contractors of any professional or other liability for the plans. All changes
<br />required by the Department shall be made by the Agency and final corrected plans shall be provided to
<br />the Department within thirty (30) days.
<br />b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for
<br />ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
<br />shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall
<br />determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work
<br />not required to be borne by the utility by Section 337.403, Florida Statutes.
<br />c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
<br />("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard
<br />Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making
<br />any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of
<br />FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from
<br />FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
<br />approval by the Department prior to implementation.
<br />d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local
<br />agency.
<br />e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's
<br />Construction Project Manager, Patricia Evans at (239) 841-3980 or from an
<br />appointed designee.
<br />f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way
<br />to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement
<br />creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor
<br />the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in
<br />or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's
<br />right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or
<br />performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession
<br />of the Department's right-of-way.
<br />g. The Department shall have the right, but not the obligation, to perform independent assurance testing
<br />during the course of construction and throughout the maintenance term of the Project. If the Department
<br />determines that a condition exists which threatens the public's safety, the Department may, at its
<br />discretion, cause the Project to cease and/or immediately have any potential hazards removed from its
<br />right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the
<br />safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole
<br />cost, expense, and effort.
<br />h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with
<br />the approved construction documents, and that it will meet all applicable federal, state, and local standards
<br />and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C".
<br />The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project
<br />within the Department's right-of-way. The Agency shall notify the Department should installation be
<br />suspended for more than five (5) working days.
<br />j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the
<br />installation of the Project. For all design work that originally required certification by a Professional
<br />Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed
<br />and sealed by the responsible professional for the project, the form of which is attached to this Agreement
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