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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 />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 />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 />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 />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.
<br />p. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the
<br />vicinity of your proposed work. It is the responsibility of the Recipient to locate and avoid damage to these
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