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850. 040 -89
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<br />OGC — 07113
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<br />5. The Construction Coordinator shall be responsible for monitoring construction operations and the
<br />maintenance of traffic ( "MOT ") throughout the course of the project in accordance with the latest edition of the
<br />DEPARTMENT Standard Specifications, section 102. The Construction Coordinator is responsible for the development of
<br />a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest
<br />version of the DEPARTMENT Design Standards, Index 600 series. Any MOT plan developed by the Construction
<br />Coordinator that deviates from the DEPARTMENT Design Standards must be signed and sealed by a professional
<br />engineer. MOT plans will require approval by the DEPARTMENT prior to implementation.
<br />6. The Construction Coordinator shall be responsible for locating all existing utilities, both aerial and
<br />underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility
<br />conflicts shall be fully resolved directly with the applicable utility.
<br />7. The Construction Coordinator will be responsible for obtaining all permits that may be required by other
<br />agencies or local governmental entities.
<br />8. It is hereby agreed by the parties that this Agreement creates a permissive use only and all improvements
<br />resulting from this 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 operate to create
<br />or vest any property right to or in the Construction Coordinator, except as may otherwise be provided in separate
<br />agreements. The Construction Coordinator shall not acquire any right, title, interest or estate in DEPARTMENT right of
<br />way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement
<br />including, but not limited to, the Construction Coordinator's use, occupancy or possession of DEPARTMENT right of way.
<br />The parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation
<br />concurrency requirements pursuant to chapter 163, Florida Statutes.
<br />9. The Construction Coordinator shall perform all required testing associated with the design and
<br />construction of the project. Testing results shall be made available to the DEPARTMENT upon request. The
<br />DEPARTMENT shall have the right to perform its own independent testing during the course of the Project.
<br />10. The Construction Coordinator shall exercise the rights granted herein and shall otherwise perform this
<br />Agreement in a good 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, codes, rules,
<br />regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from
<br />time to time, including, but not limited to, those of the DEPARTMENT, applicable Water Management District, Florida
<br />Department of Environmental Protection, Environmental Protection Agency, the Army Corps of Engineers, the United
<br />States Coast Guard and local governmental entities.
<br />11. If the DEPARTMENT determines a condition exists which threatens the public's safety, the
<br />DEPARTMENT may, at its discretion, cause construction operations to cease and immediately have any potential hazards
<br />removed from its right of way at the sole cost, expense, and effort of the Construction Coordinator. The Construction
<br />Coordinator shall bear all construction delay costs incurred by the DEPARTMENT.
<br />12. All work and construction shall be completed within 120 days of the date of the last signature affixed to
<br />this agreement. If construction is not completed within this time, the DEPARTMENT may make a claim on the bond. The
<br />DEPARTMENT may terminate this Agreement at any time, with or without cause and without DEPARTMENT liability to
<br />the Construction Coordinator, by providing sixty (60) days prior written notice of termination to the Construction
<br />Coordinator.
<br />13. The Construction Coordinator shall be responsible to maintain and restore all features that might require
<br />relocation within the DEPARTMENT right of way.
<br />14. The Construction Coordinator will be responsible for clean up or restoration required to correct any
<br />environmental or health hazards that may result from construction operations.
<br />15. Upon completion of construction, the Construction Coordinator will be required to submit to the
<br />DEPARTMENT final as -built plans and an engineering certification that construction was completed in accordance to the
<br />plans. Prior to the termination of this Agreement, the Construction Coordinator shall remove its presence, including, but
<br />not limited to, all of the Construction Coordinator's property, machinery, and equipment from DEPARTMENT right of way
<br />and shall restore those portions of DEPARTMENT right of way disturbed or otherwise altered by the Project to
<br />substantially the same condition that existed immediately prior to the commencement of the Project.
<br />16. If the DEPARTMENT determines that the Project is not completed in accordance with the provisions of
<br />this Agreement, the DEPARTMENT shall deliver written notification of such to the Construction Coordinator. The
<br />Construction Coordinator shall have thirty (30) days from the date of receipt of the DEPARTMENT'S written notice, or
<br />such other time as the Construction Coordinator 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 the Construction
<br />Coordinator fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed
<br />after receipt of the Notice of Completion, the DEPARTMENT, within its discretion may: 1) provide the Construction
<br />Coordinator with written authorization granting such additional time as the DEPARTMENT deems appropriate to correct
<br />the deficiency(ies); or 2) correct the deficiency(ies) at the Construction Coordinator's sole cost and expense, without
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