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A TRUE COPY <br />CERTIFICATION ON LAST PAGE 625-010-10 <br />J.R. SMITH, CLERK ROADWAY DESIGN <br />OGC - 08117 <br />Page 3 of 12 <br />as Exhibit "E". The certification shall state that work has been completed in compliance with the Project <br />construction plans and specifications. If any deviations are found from the approved plans, the <br />certification shall include a list of all deviations along with an explanation that justifies the reason to <br />accept each deviation. The Agency and its contractors shall remove their presence, including, but not <br />limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property, <br />machinery, and equipment from the Department's right-of-way and shall restore those portions of the <br />Department's right-of-way disturbed or otherwise altered by the Project to substantially the same <br />condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and <br />expense. <br />k. If the Department determines that the Project is not completed in accordance with the provisions of this <br />Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty <br />(30) days from the date of receipt of the Department's written notice to complete the Project and provide <br />the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely <br />deliver the Notice of Completion, or if it is determined that the Project is not properly completed after <br />receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization <br />granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct <br />the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for <br />any resulting loss or damage to property, including but not limited to machinery and equipment. If the <br />Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice <br />for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of <br />the date of the invoice. <br />Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the <br />Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage <br />and deterioration components. The initial defect maintenance inspection should be conducted, and any <br />required repairs performed during the construction phase. The instantaneous damage maintenance <br />inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity <br />short term damage that does not develop over longer time periods. The deterioration maintenance <br />inspection shall be conducted on regular, longer term intervals and is intended to identify defects and <br />damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such <br />as those causing fatigues, normal or severe environmental influences, abuse or damage due to other <br />causes. Deterioration maintenance shall include, but is not limited to, the following services: <br />Inspect all sign surfaces every six (6) months for excessive deterioration: Inspect Structural Components <br />yearly: Inspect Sign Lighting every six (6) months: Conduct Vegetation Control quarterly: maintenance <br />and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and <br />electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces, <br />replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members, <br />graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs. <br />m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the <br />Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure <br />its obligation to remove the Project and restore the right-of-way by providing a removal and restoration <br />deposit, letter of credit, or performance bond in the amount of $ . The removal and <br />restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term <br />of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the <br />Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted <br />with approval from the District Maintenance Engineer for those installations with estimated <br />restoration/removal costs less than or equal to $2000.00. <br />