Res 2006-054 - Laserfiche WebLink

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I I I Agreement No. shall provide to the State a letter of certification from the law enforcement agency that will be providing traffic control for the Event, certifying that they agree with the enforcement plan and will be able to meet its requirements. G. The Requestor hereby assures the State that there will be appropriate passage allowance for emergency vehicle travel and adequate access for abutting property owners during construction and closure of the highway facility. These allowances and accesses will be included in the Requestor's traffic control plan. H. The Requestor will avoid or minimize damage, and will, at its own expense, restore or repair damage occurring outside the State's right of way and restore or repair the State's right of way, including but not limited to roadway and drainage structures, overhead signs, signs, pavement markings, traffic signals, power poles, pavement, etc., to a condition equal to that existing before the closure, and, to the extent practicable, restore the natural and cultural environment in accordance with federal and state law, including landscape and historical features. Article 4. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the Requestor will remain the property of the Requestor. All data prepared under this agreement shall be made available to the State without restriction or limitation on their futu re use. Article 5. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of both parties. (2) By the State upon determination that use of the State's right of way is not feasible or is not in the best interest of the State and the traveling public. (3) By either party, upon the failure of the other party to fulfill the obligation as set forth herein. (4) By satisfactory completion of all services and obligations as set forth herein B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and Requestor under this agreement. If the potential termination of this agreement is due to the failure of the Requestor to fulfill its contractual obligations as set forth herein, the State will notify the Requestor that possible breach of contract has occurred. The Requestor must remedy the breach as outlined by the State within ten (10) days from receipt of the State's notification. In the event the Requestor does not remedy the breach to the satisfaction of the State, the Requestor shall be liable to the State for the costs of remedying the breach and any additional costs occasioned by the State. Article 6. DISPUTES Should disputes arise as to the parties' responsibilities or additional work under this agreement, the State's decision shall be final and binding. Article 7. RESPONSIBILITIES OF THE PARTIES The State and the Requestor agree that neither party is as agent, servant, or employee of TRF - TEA29 CLOSURE (Unincorporated) Page 3 of 6 Rev. 06/08/05