Reso 2017-2658 - Laserfiche WebLink

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625-010-10 ROADWAY DESIGN OGC•12/12 Page 2 of 12 Section No. 87170001 CAFA No. 2016-0002 expressly disclaims all other representations and warranties in connection with the plans, including,but not limited to the integrity, suitability,or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. FDOT's review of the plans does not relieve the Agency,its consultants or contractors of any professional or other liability for the plans. All changes required by FDOT shall be made by the Agency and final corrected plans shall be provided to FDOT within thirty(30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground,and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403,Florida Statutes,shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT")throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by FDOT prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal,state, or local agency. e. Prior to commencing the Project,the Agency shall request a Notice to Proceed from FDOT's Construction Project Manager,Alex Perez ,at(305)640-7165 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement,to enter FDOT's right-of-way to install the Project(see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use FDOT's right=of=waynor the---------- - placing e--_- placing of facilities upon FDOT's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right,title, interest,or estate in FDOT right-of-way,of any nature or kind whatsoever, by virtue of the execution,operation,effect,or performance of this Agreement including,but not limited to, the Agency's use,occupancy or possession of FDOT right-of-way. g. FDOT shall have the right, but not the obligation,to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If FDOT determines that a condition exists which threatens the public's safety, FDOT may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense,and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty(30) days,FDOT may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents,and that it will meet all applicable federal,state,and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit i. The Agency shall notify FDOT a minimum of forty eight(48) hours before beginning the Project within - FDOT right-of-way. The Agency shall notify FOOT should installation be suspended for more than five(5) working days. j. Upon completion of the Project,the Agency shall notify FDOT in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer,the notification shall contain a Responsible Professional's Certification of Compliance,signed 3 5.