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Last modified
3/2/2021 11:51:41 AM
Creation date
5/28/2020 12:51:50 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/19/2020
Control Number
2020-105
Agenda Item Number
12.F.2.
Entity Name
State of Florida - Florida Department of Transportation
Subject
45th Street Improvements-43rd Avenue to 58th Avenue FDOT Small County Outreach Program
for FM No. 436848-1-54-01, IRC-1722
Area
45th Street Improvements-43rd Avenue to 58th Avenue
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION J.R. SMITH, CLEWS-o+o.sor <br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT <br />ones <br />Page 1 of 9 <br />EXHIBIT "F" <br />TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT <br />RIGHT OF WAY <br />1. Construction on the Department's Right of Way. If the Project involves construction on, under, or <br />over the Department's right-of-way, the design work for all portions of the Project to be constructed on, <br />under, or over the Department's right-of-way shall be submitted to the Department for review prior to <br />any work being commenced, and the following provisions shall apply: <br />a. The Project shall be designed and constructed in accordance with the latest edition of the <br />Department's Standard Specifications for Road and Bridge Construction and Department Design <br />Standards and Manual of Uniform Traffic Control Devices ("MUTCD"). The following guidelines <br />shall apply as deemed appropriate by the Department: the Department Structures Design Manual, <br />AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design <br />Specifications, the Department Plans Preparation Manual ("PPM") and the Department Traffic <br />Engineering Manual. <br />Designs that do not meet Department standards may be rejected by the Department at its sole <br />discretion. The Department may allocate Department -managed resources to facilitate compliance <br />with applicable design standards. If changes to the Department approved plans are required, the <br />Recipient shall notify the Department of the changes and receive approval from the Department <br />prior to the changes being constructed. The Recipient shall maintain the area of the Project, at all <br />times, and coordinate any work needs of the Department during construction of the Project. <br />b. The Recipient shall notify the Department a minimum of 48 hours before beginning <br />construction within, under, or over Department right-of-way. The Recipient shall notify the <br />Department should construction be suspended for more than 5 working days. The <br />Department contact person for construction is Katherine Kehres located at 3601 Oleander <br />Avenuen, Fort Pierce, FL 34982. Telephone number 772-429-4889. Email address <br />Katherine. Kehres@dot.state.fl. us. <br />c. The Recipient shall be responsible for monitoring construction operations and the maintenance of <br />traffic ("MOT") throughout the course of the Project in accordance with the latest edition of the <br />Department Standard Specifications, section 102. The Recipient is responsible for the development <br />of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in <br />accordance with the latest version of the Department Design Standards, Index 600 series. Any <br />MOT plan developed by the Recipient that deviates from the Department Design Standards must <br />be signed and sealed by a professional engineer. MOT plans will require approval by the <br />Department prior to implementation. <br />d. The Recipient shall be responsible for locating all existing utilities, both aerial and underground, <br />and for ensuring that all utility locations be accurately documented on the construction plans. All <br />utility conflicts shall be fully resolved directly with the applicable utility. <br />e. The Recipient will be responsible for obtaining all permits that may be required by other agencies <br />or local governmental entities. <br />f. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all <br />improvements located on, under, or over the Department's right-of-way resulting from this <br />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 <br />operate to create or vest any property right to or in the Recipient, except as may otherwise be <br />provided in separate agreements. The Recipient shall not acquire any right, title, interest or estate <br />in Department right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, <br />
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