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525-011-00
<br /> PROGRAM MANAGEMENT
<br /> 05121
<br /> Page 2013
<br /> g. The Recipient shall not cause any liens or encumbrances to attach to any portion of the Department's
<br /> 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 Project.
<br /> Testing results shall be entered into the department's Materials Testing and Certification database
<br /> application and the department must provide the final Materials Certification for the Project.The Department
<br /> shall have the right to perform its own independent testing during the course of the Project.
<br /> i. The Recipient shall exercise the rights granted herein and shall otherwise perform this Agreement in a good
<br /> and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this
<br /> Agreement and all applicable federal,state,local,administrative,regulatory,safety and environmental laws,
<br /> codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be
<br /> constituted and amended from time to time,including,but not limited to,those of the Department,applicable
<br /> Water Management District, Florida Department of Environmental Protection, Environmental Protection
<br /> Recipient, the Army Corps of 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 may,
<br /> at its discretion, cause construction operations to cease and immediately have any potential hazards
<br /> removed from on, under,or over its right-of-way at the sole cost, expense, and effort of the Recipient. The
<br /> 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 within
<br /> the Department right-of-way.
<br /> I. The Recipient will be solely responsible for clean up or restoration required to correct any environmental or
<br /> health hazards that may result from construction operations.
<br /> m. The acceptance procedure will include a final"walk-through"by Recipient and Department personnel. Upon
<br /> completion of construction, the Recipient will be required to submit to the Department final as-built plans
<br /> and an engineering certification that construction was completed in accordance to the plans. Submittal of
<br /> the final as-built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan
<br /> sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of
<br /> this Agreement, the Recipient shall remove its presence, including, but not limited to, all of the Recipient's
<br /> property, machinery, and equipment from Department right-of-way and shall restore those portions of
<br /> Department right of way disturbed or otherwise altered by the Project to substantially the same condition
<br /> that existed immediately prior to the commencement of the Project.
<br /> n. 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 of such to the Recipient. The Recipient shall
<br /> have thirty(30)days from the date of receipt of the Department's written notice, or such other time as the
<br /> Recipient and the Department mutually agree to in writing, to complete the Project and provide the
<br /> Department with written notice of the same (the "Notice of Completion"). If the Recipient fails to timely
<br /> deliver the Notice of Completion,or if it is determined that the Project is not properly completed after receipt
<br /> of the Notice of Completion, the Department, within its discretion may. 1)provide the Recipient with written
<br /> authorization granting such additional time as the Department deems appropriate to correct the
<br /> deficiency(ies); or 2) correct the deficiency(ies) at the Recipient's sole cost and expense, without
<br /> Department liability to the Recipient for any resulting loss or damage to property, including, but not limited
<br /> to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall
<br /> provide the Recipient with an invoice for the costs incurred by the Department and the Recipient shall pay
<br /> the invoice within thirty(30)days of the date of the invoice.
<br /> o. The Recipient shall implement best management practices for erosion and pollution control to prevent
<br /> violation of state water quality standards. The Recipient shall be responsible for the correction of any
<br /> erosion, shoaling, or water quality problems that result from the construction of the Project.
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