Common use of Design and Construction Standards and Required Approvals Clause in Contracts

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notbe f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects The Recipient must certify that are not located on the Department’s right-of-way, installation of the Recipient Project is not required to hire completed by a contractor Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department notifies in writing or exhibit past project experience in the Recipient prior to letting last five years that they are required to hire a contractor prequalified by comparable in scale, composition, and overall quality of the Departmentsite identified within the scope of services of this Project. d. The Recipient is responsible for provision of b. Construction Engineering Inspection (CEI) services. The Department reserves the right to require services will be provided by the Recipient to hire by hiring a Department pre-qualified prequalified consultant firm that includes including one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed unless otherwise approved by the same entityDepartment in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. .. The Department shall have approve all CEI personnel. The CEI firm shall not be the right to approve same firm as that of the CEI firmEngineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. c. The Recipient understands that it is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to shall hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision . d. Execution of law this Agreement by both Parties shall be deemed a Notice to Proceed to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards Recipient for the type design phase or other non-construction phases of construction contemplated by the Project, including, as applicable, but not. If the Project f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. e. The Recipient will provide copies one (1) copy of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. f. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable lawSection 337.18(1), Florida Statutes. i. g. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. h. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In 1) Grantee shall undertake the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-waydesign, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rulesconstruction, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Consultant Construction Engineering Inspection (CEI“CCEI”) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who Project in accordance with all applicable federal, state and local statutes, rules and regulations, including any other applicable standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by DepartmentGrantee. 2) Grantee shall certify to DEO that Grantee’s design consultant and/or construction contractor has secured the necessary permits, including but not limited to, building permits. The Department Grantee shall provide to DEO certification and a copy of appropriate documentation substantiating that all required right-of- way necessary for the Project have been obtained. If Grantee fails to provide each required certification to DEO on or before the right Commencement Date, DEO may, in its sole discretion, terminate this Agreement. 3) Grantee shall provide to approve DEO its written notification of either its intent to: a) Award the CEI firmconstruction of the Project to a contractor which is the lowest, responsive, and responsible bidder in accordance with applicable state and federal statutes, rules, and regulations. The Department Grantee shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or b) Construct the Project utilizing existing Grantee employees, whose qualifications have been reviewed and approved by DEO, if Grantee can complete said Project within the time frame in Section 1 of this Agreement. 4) If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then Grantee must comply with the requirements of Sections 255.0991 and 255.0992, F.S. 5) Grantee is responsible for the preparation of all design plans for the Project. Grantee shall hire a qualified consultant for the design phase of the Project using Grantee’s normal procurement procedures to perform the design services for the Project. 6) Grantee shall hire a qualified contractor using Grantee’s normal bid procedures to perform the construction work for the Project. 7) Grantee shall hire a qualified CCEI to perform construction oversight including the obligation to assure that any and all verification testing is performed in accordance with, as applicable, the 2014 Standard Specifications for Road and Bridge Construction, as amended from time to time. DEO shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to The CCEI firm may not be the approval same firm as that of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements Engineer of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans Record for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient 8) Grantee shall require the RecipientGrantee’s contractor to post a payment and performance bond in accordance with applicable lawSection 337.18(1), Florida Statutes. i. The Recipient 9) Grantee shall carry or require its contractor/subcontractor/consultant/subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of this Agreement, when it includes construction within the limits of a railroad right-of-way, Grantee must provide or cause its contractor to provide insurance coverage in accordance with Section 7-13 of DEO’s Standard Specifications for Road and Bridge Construction (2014), as amended. 10) Grantee shall be responsible to ensure for ensuring that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all meets any other applicable Recipient and Department standards. j. 11) Grantee shall expend funds provided pursuant to this Agreement in a timely manner and solely for the purpose of the approved Project. Grantee shall not use the funds for the purchase or planting of any landscape, mitigation, the installation or relocation of utilities, for any legal action against the State or DEO, or costs associated with preparation of the Proposal. 12) Upon completion of the work authorized by this Agreement, the Recipient Grantee shall notify the Department DEO in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. F. The certification shall state that work has been completed constructed in compliance with the Project construction design plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. All deviations shall have had prior written approval from DEO in advance of the deviation being constructed. k. The Recipient shall provide the Department with as-built plans of any portions 13) Upon completion of the Project funded through Project, Grantee shall be responsible for the perpetual maintenance of the facilities on its system that are constructed under this Agreement prior as agreed to final inspectionin Exhibit E. The terms of this provision shall survive the termination of this Agreement and may be enforced by DEO.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law.in i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects Agency understands that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient it is responsible for the preparation and certification of all design plans for the Project. The Department reserves the right to require the Recipient to Agency shall hire a Department pre-qualified consultant for the design phase of the Project using or, if applicable, the Recipient’s normal procurement procedures Agency shall require their design-build contractor or construction management contractor to perform hire a qualified consultant for the design services phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non-construction phases of the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on If the Project involves a construction phase, the Agency shall be performed in accordance with not begin the requirements construction phase of all applicable laws and governmental rules and regulations and federal and state accepted design standards the Project until the Department issues a Notice to Proceed for the type of construction contemplated by phase. Prior to commencing the Projectconstruction work described in this Agreement, including, as applicable, but not f. The Recipient the Agency shall adhere request a Notice to Proceed from the Department’s Conflict Project Manager, Xxxx Xxxxxxx or designee (email: Xxxx.Xxxxxxx@xxx.xxxxx.xx.xx) or from an appointed designee. Any construction phase work performed prior to the execution of Interest Procedure (FDOT Topic No. 375-030- 006)this required Notice to Proceed is not subject to reimbursement. g. c. The Recipient Agency will provide copies one (1) copy of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to bidding or commencing construction of the Project. The Department will specify the number of copies required and the required format. h. d. The Recipient Agency shall require the RecipientAgency’s contractor to post a payment and performance bond in accordance with applicable lawlaw(s). i. e. The Recipient Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it the construction work will meet all applicable Recipient Agency and Department standards. j. f. Upon completion of the work authorized by this Agreement, the Recipient Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Engineer’s Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completionto this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plansplans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event If the Project involves construction on the Department’s FDOT right-of-way, the Recipient shall provide the Department FDOT with written notification of either its intent to: i. Award the construction of the Project to a Department FDOT prequalified contractor which is the lowest and best responsive bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to prior written approval by FDOT, or iii. If the DepartmentProject is not located on FDOT’s right-of-way and the provisions of Section 255.0992, Florida Statutes, are applicable to the Project, that the Recipient will award the construction to a qualified contractor in accordance with section 255.0992 and other applicable law. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the DepartmentFDOT’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department FDOT unless the Department FDOT notifies the Recipient prior to letting of the construction work that they are required FDOT will require the Recipient to hire a contractor prequalified by FDOT. If the DepartmentProject is not located on FDOT’s right-of-way and the provisions of Section 255.0992, Florida Statutes, are applicable to the Project, FDOT will not require the Recipient to hire a FDOT prequalified contractor. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department State reserves the right to require the Recipient to hire a Department pre-qualified FDOT prequalified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding The Recipient shall hire a FDOT prequalified consultant firm in accordance with the provisions of this paragraph for any provision of law to the contrary, design services and CEI services may not be performed by the same entityProject work on FDOT right-of-way. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by DepartmentFDOT. The Department DEO, upon recommendation from FDOT, shall have the right right, but not the obligation, to approve the CEI firm. The Department If the Project is not located on FDOT’s right-of-way and the provisions of Section 255.0992, Florida Statutes, are applicable to the Project, FDOT will not require the Recipient to hire a FDOT prequalified consultant. FDOT, upon notice to DEO, shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the DepartmentFDOT, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department FDOT prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department State reserves the right to require the Recipient to hire a Department FDOT pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding The Recipient shall hire a FDOT prequalified consultant firm in accordance with the provisions of this paragraph for any provision Project design work on FDOT right-of-way. If the Project is not located on FDOT’s right-of-way and the provisions of law Section 255.0992, F.S., are applicable to the contraryProject, FDOT will not require the Recipient to hire a FDOT prequalified consultant. If the Recipient is required to hire a FDOT prequalified consultant to perform design services for the Project, the Recipient shall adhere to the FDOT Conflict of Interest Procedure (FDOT Topic No. 375-030-006) or Conflict of Interest Procedure for SCRAP, SCOP, and CEI services may not be performed by the same entityCIGP Grant Projects (FDOT Topic No. 750-000-002). All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the American Association of State Highway and Transportation Officials (AASHTO) Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on FDOT right-of-way shall conform to all applicable standards of FDOT, as provided in Exhibit “F”, if a portion of the Project will be located on FDOT’s right of way. f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s FDOT Construction Project Manager prior to commencing requesting a FDOT Notice to Proceed to commence construction of the Project. The Department FDOT will specify the number of copies required and the required format. Upon FDOT’s issuance of a Notice to Proceed, FDOT shall send copies of the final design plans and specifications, the final bid documents, and the Notice to Proceed to DEO’s Agreement Manager for this Agreement. h. g. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. h. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department FDOT standards. j. i. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department FDOT and DEO in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. j. The Recipient shall provide the Department FDOT with as-built plans of any portions of the Project funded through the this Agreement prior to final inspection. k. In accordance with s. 287.05805, F.S., if funding provided under this Agreement is used for the purchase of or improvements to real property not owned by or transferred to FDOT, Recipient shall xxxxx XXX a security interest in the property in the amount of the funding provided by this Agreement for the purchase of or improvements to the real property for five years from the date of purchase or the completion of the improvements or as further required by law. l. NONEXPENDABLE PROPERTY: i. For the requirements of this section of the Agreement, "nonexpendable property" is the same as “property” as defined in s. 273.02, F.S., (equipment, fixtures, and other tangible personal property of a non-consumable and nonexpendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback-covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and hardback-covered bound books, with a value or cost of $250 or more). ii. All nonexpendable property, purchased under this Agreement, shall be listed on the property records of Recipient. Recipient shall inventory annually and maintain accounting records for all nonexpendable property purchased and submit an inventory report to DEO with the final expenditure report. The records shall include, at a minimum, the following information: property tag identification number, description of the item(s), physical location, name, make or manufacturer, year, and/or model, manufacturer’s serial number(s), date of acquisition, and the current condition of the item. iii. At no time shall Recipient dispose of nonexpendable property purchased under this Agreement without the written permission of and in accordance with instructions from DEO. iv. Immediately upon discovery, Recipient shall notify DEO, in writing, of any property loss with the date and reason(s) for the loss. v. Recipient shall be responsible for the correct use of all nonexpendable property Recipient purchased or FDOT or DEO furnished under this Agreement. vi. A formal Agreement amendment is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved Agreement budget. vii. Title (ownership) to all nonexpendable property acquired with funds from this Agreement shall be vested in DEO and said property shall be transferred to DEO upon completion or termination of the Agreement unless otherwise authorized in writing by DEO. Notwithstanding the other provisions of this paragraph, title to nonexpendable property installed on FDOT right-of-way shall vest in FDOT and said property shall be transferred to FDOT upon completion or termination of this Agreement.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notof f. The Recipient shall adhere to the Department’s Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006).030- g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit “F”, Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT’s right of way. f. The Recipient shall adhere to the Department’s Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006).030- g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law.in i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations.. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit “O”, Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375STATE-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.FUNDED GRANT AGREEMENT

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project.Project.‌ b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to:to:‌ i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations.. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department.Department.‌ d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof.thereof.‌ e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot‌‌‌ limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit “O”, Terms and Conditions of Construction, which is attached to and incorporated into this Agreement.‌‌ f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006).006).‌‌ g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format.format.‌ h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in in‌ accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards.standards.‌ j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation.deviation.‌ k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.inspection.‌

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notservices f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects The Recipient must certify that are not located on the Department’s right-of-way, installation of the Recipient Project is not required to hire completed by a contractor Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department notifies in writing or exhibit past project experience in the Recipient prior to letting last five years that they are required to hire a contractor prequalified by comparable in scale, composition, and overall quality of the Departmentsite identified within the scope of services of this Project. d. The Recipient is responsible for provision of b. Construction Engineering Inspection (CEI) services. The Department reserves the right to require services will be provided by the Recipient to hire by hiring a Department pre-qualified prequalified consultant firm that includes including one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed unless otherwise approved by the same entityDepartment in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. .. The Department shall have approve all CEI personnel. The CEI firm shall not be the right to approve same firm as that of the CEI firmEngineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. c. The Recipient understands that it is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to shall hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision . d. Execution of law this Agreement by both Parties shall be deemed a Notice to Proceed to the contrary, Recipient for the design services and CEI services may not be performed by phase or other non-construction phases of the same entityProject. All design work on If the Project involves a construction phase, the Recipient shall be performed in accordance with not begin the requirements construction phase of all applicable laws and governmental rules and regulations and federal and state accepted design standards the Project until the Department issues a Notice to Proceed for the type of construction contemplated by phase. Prior to commencing the Projectconstruction work described in this Agreement, including, as applicable, but not f. The the Recipient shall adhere request a Notice to Proceed from the District Program Administration Engineer, Wm. Xxxxx Xxxxxxxx, PE, PTOE, CPM, at (000) 000-0000 or from an appointed designee. Any work performed prior to the Department’s Conflict execution of Interest Procedure (FDOT Topic No. 375-030- 006)this Agreement is not subject to reimbursement. g. e. The Recipient will provide copies one (1) copy of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. f. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable lawSection 337.18(1), Florida Statutes. i. g. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. h. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. : The Recipient is responsible for obtaining all permits necessary for the Project. b. . In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. : Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. . The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. . The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. . The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. If any portion of the Project will be located on, under, or over any Department-owned right-of-way, the Department shall review the Project's design plans for compliance with all applicable standards of the Department, as provided in Exhibit “O”, Terms and Conditions of Construction, which is attached to and incorporated into this Agreement. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 030-006). g. . The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. . The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. . The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. . Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. . The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection. Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on Department right-of-way, the Recipient shall shall not maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit “D”. This provision will survive termination of this Agreement.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CEI firm. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but notnot limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit “F”, Terms and Conditions of Construction, which is attached to and incorporated into this Agreement if a portion of the Project will be located on FDOT’s right of way. f. The Recipient shall adhere to the Department’s Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 525-010-XX). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient Agency is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-waydesign, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction construction, and maintenance of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with all applicable federal, state and federal local statutes, rules, rules and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department’s right-of-way, the Recipient is not required to hire a contractor prequalified by including the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CEI) servicesstandards and specifications. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contraryA professional engineer, design services and CEI services may not be performed by the same entity. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department’s District Design Engineer, located at . The Department will review the plans for conformance to the Department’s requirements and feasibility. The Department review shall have not be considered an adoption of the plans nor a substitution for the engineer’s responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department’s requirements, and the Department 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. The Department’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 the Department shall be made by the Agency and final corrected plans shall be provided to the Department 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 the Department 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 the Department’s Construction Project Manager, , at ( ) - or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department’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 Department’s right-of-way nor the placing of facilities upon Department’s right-of-way shall operate to create or vest any property right in or to approve the CEI firmAgency. The Agency shall not acquire any right, title, interest, or estate in the Department’s 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 the Department’s right-of-way. g. The Department 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. Subject If the Department determines that a condition exists which threatens the public’s safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the approval sole cost, expense, and effort of the DepartmentAgency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Recipient Department may choose to satisfy remove the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet safety hazard at the requirements of this paragraphAgency’s sole cost, or a combination thereof. e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision of law to the contraryexpense, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of construction contemplated by the Project, including, as applicable, but not f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required formateffort. h. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable law. i. The Recipient Agency shall be responsible to ensure that construction of the construction work under this Agreement Project is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit “C”. i. The Agency shall notify the Department standardsa minimum of forty eight (48) hours before beginning the Project within the Department’s right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the work authorized by this AgreementProject, the Recipient Agency shall notify the Department in writing of the completion of construction the installation of the Project; and for . For all design work that originally required certification by a Professional Engineer, this the notification shall contain an Engineers a Responsible Professional’s Certification of Compliance, signed and sealed by a Professional Engineerthe responsible professional for the project, the form of which is attached hereto and incorporated herein to this Agreement as Exhibit “CE”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor’s/ subcontractor’s/ consultant’s/ subconsultant’s property, machinery, and equipment from the Department’s right-of-way and shall restore those portions of the Department’s right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency’s sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Recipient Agency shall have thirty (30) days from the date of receipt of the Department’s written notice to complete the Project and provide the Department with as-built plans of any portions written notice of the same (“Notice of Completion”). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project funded through is not properly completed after receipt of the Agreement Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency’s sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. l. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to final inspectionthe Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: . n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department’s sole discretion, and at the Agency’s sole cost.

Design and Construction Standards and Required Approvals. In the event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient is responsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department’s right-of-way, the Recipient shall provide the Department with written notification of either its intent to: i. Award the construction of the Project to a Department prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, rules, and regulations. ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient’s use of this option is subject to approval by the Department. c. The Recipient shall hire a qualified contractor using the Recipient’s normal bid procedures to perform the construction work for the Project. For projects The Recipient must certify that are not located on the Department’s right-of-way, installation of the Recipient Project is not required to hire completed by a contractor Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department notifies in writing or exhibit past project experience in the Recipient prior to letting last five years that they are required to hire a contractor prequalified by comparable in scale, composition, and overall quality of the Departmentsite identified within the scope of services of this Project. d. The Recipient is responsible for provision of b. Construction Engineering Inspection (CEI) services. The Department reserves the right to require services will be provided by the Recipient to hire by hiring a Department pre-qualified prequalified consultant firm that includes including one individual that has completed the Advanced Maintenance of Traffic Level Training. Notwithstanding any provision of law to the contrary, design services and CEI services may not be performed unless otherwise approved by the same entityDepartment in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have approve all CEI personnel. The CEI firm shall not be the right to approve same firm as that of the CEI firmEngineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Subject to the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or a combination thereof. e. c. The Recipient understands that it is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient to shall hire a Department pre-qualified consultant for the design phase of the Project using the Recipient’s normal procurement procedures to perform the design services for the Project. Notwithstanding any provision . d. Execution of law this Agreement by both Parties shall be deemed a Notice to Proceed to the contrary, design services and CEI services may not be performed by the same entity. All design work on the Project shall be performed in accordance with the requirements of all applicable laws and governmental rules and regulations and federal and state accepted design standards Recipient for the type design phase or other non-construction phases of construction contemplated by the Project, including, as applicable, but not. If the Project f. The Recipient shall adhere to the Department’s Conflict of Interest Procedure (FDOT Topic No. 375-030- 006). g. e. The Recipient will provide copies one (1) copy of the final design plans and specifications and final bid documents to the Department’s Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. f. The Recipient shall require the Recipient’s contractor to post a payment and performance bond in accordance with applicable lawSection 337.18(1), Florida Statutes. i. g. The Recipient shall be responsible to ensure for ensuring that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. h. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and incorporated herein as Exhibit “C”, Engineers Certification of Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through the Agreement prior to final inspection.