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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60f
<br />STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
<br />ons
<br />Page 2 of 3
<br />EXHIBIT "F"
<br />TERMS AND CONDITIONS OF CONSTRUCTION IN DEPARTMENT
<br />RIGHT OF WAY
<br />effect, or performance of this Agreement including, but not limited to, the Recipient's use,
<br />occupancy or possession of Department right-of-way. The Parties agree that this Agreement does
<br />not, and shall not be construed to, grant credit for any future transportation concurrency
<br />requirements pursuant to Chapter 163, Florida Statutes.
<br />g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the
<br />Department's property, including but not limited to, the Department's right-of-way.
<br />h. The Recipient shall perform all required testing associated with the design and construction of the
<br />Project. Testing results shall be entered into the department's Materials Testing and Certification
<br />database application and the department must provide the final Materials Certification for the
<br />Project. The Department shall have the right to perform its own independent testing during the
<br />course of the Project.
<br />The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement
<br />in a good and workmanlike manner, with reasonable care, in accordance with the terms and
<br />provisions of this Agreement and all applicable federal, state, local, administrative, regulatory,
<br />safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines,
<br />standards and permits, as the same may be constituted and amended from time to time, including,
<br />but not limited to, those of the Department, applicable Water Management District, Florida
<br />Department of Environmental Protection, Environmental Protection Recipient, the Army Corps of
<br />Engineers, the United States Coast Guard and local governmental entities.
<br />j. If the Department determines a condition exists which threatens the public's safety, the Department
<br />may, at its discretion, cause construction operations to cease and immediately have any potential
<br />hazards removed from on, under, or over its right-of-way at the sole cost, expense, and effort of
<br />the Recipient. The Recipient shall bear all construction delay costs incurred by the Department.
<br />k. The Recipient shall be responsible to maintain and restore all features that might require relocation
<br />within the Department right-of-way.
<br />I. The Recipient will be solely responsible for clean up or restoration required to correct any
<br />environmental or health hazards that may result from construction operations.
<br />m. The acceptance procedure will include a final "walk-through" by Recipient and Department
<br />personnel. Upon completion of construction, the Recipient will be required to submit to the
<br />Department final as -built plans and an engineering certification that construction was completed in
<br />accordance to the plans. Submittal of the final as -built plans shall include one complete set of the
<br />signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable
<br />Document Format (PDF). Prior to the termination of this Agreement, the Recipient shall remove its
<br />presence, including, but not limited to, all of the Recipient's property, machinery, and equipment
<br />from Department right-of-way and shall restore those portions of Department right of way disturbed
<br />or otherwise altered by the Project to substantially the same condition that existed immediately
<br />prior to the commencement of the Project.
<br />In. If the Department determines that the Project is not completed in accordance with the provisions
<br />of this Agreement, the Department shall deliver written notification of such to the Recipient. The
<br />Recipient shall have thirty (30) days from the date of receipt of the Department's written notice, or
<br />such other time as the Recipient and the Department mutually agree to in writing, to complete the
<br />Project and provide the Department with written notice of the same (the "Notice of Completion"). If
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