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625010.10 <br /> ROADWAY DESIGN <br /> OGC-12112 <br /> Page 3 of 12 <br /> Section No. 87170001 CAFA No. 2016-0002 <br /> and sealed by the Responsible Professional for the Project,the form of which is attached to this <br /> Agreement as Exhibit"E". The certification shall state that work has been completed in compliance with <br /> the Project construction plans and specifications. If any deviations are found from the approved plans, <br /> the 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 FDOT right-of-way and shall restore those portions of FOOT right-of-way <br /> disturbed or otherwise altered by the Project to substantially the same condition that existed immediately <br /> prior to the commencement of the Project,at Agency's sole cost and expense. <br /> k. If FDOT determines that the Project is not completed in accordance with the provisions of this Agreement, <br /> FDOT shall deliver written notification to the Agency. The Agency shall have thirty(30)days from the <br /> date of receipt of FDOT's written notice to complete the Project and provide FDOT with written notice of <br /> the same("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion,or if it is <br /> determined that the Project is not properly completed after receipt of the Notice of Completion,FDOT <br /> may: 1)provide the Agency with written authorization granting additional time as FDOT deems - <br /> appropriate to correct the deficiency(ies);or 2)correct the deficiency(ies)at the Agency's sole cost and <br /> expense,without FDOT liability to the Agency for any resulting loss or damage to property, including but <br /> not limited to machinery and equipment. If FDOT elects to correct the deficiency(ies),FDOT shall provide <br /> the Agency with an invoice for the costs incurred by FDOT and the Agency shall pay the invoice within <br /> thirty(30)days of the date of the invoice. <br /> I. 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 <br /> Damage and Deterioration components. The Initial Defect Maintenance inspection should be conducted, <br /> and any required repairs performed during the Construction Phase. The Instantaneous Damage <br /> Maintenance inspection should be conducted sixty(60)to ninety(90)days after placement and is <br /> --------------intended-to identity short-term damage that does not develop over longer-time periods: The Deterioration---- - <br /> - Maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify <br /> defects and damages that occur by naturally occurring chemical,physical or biological actions, repeated <br /> actions such as those causing fatigues, normal or severe environmental influences,abuse or damage <br /> due to other causes. Deterioration Maintenance shall include,but is not limited to,the following services: <br /> Replacing or restoring faded,deteriorated,or illegible logo skin. <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$0.00 <br /> n. FDOT reserves its right to cause the Agency to relocate or remove the Project, in FDOT's sole discretion, <br /> and at the Agency's sole cost. <br /> 5. INDEMNITY AND INSURANCE. <br /> a. The Agency agrees to include the following indemnification in all contracts with contractors, <br /> subcontractors,consultants,and subconsultants,who perform work in connection with this Agreement: <br /> "The contractor/subcontractor!consultant/subconsultant shall indemnify,defend, save and hold <br /> 1.) <br />