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<br />all maintenance within the limits of the project including but not limited to <br />mowing, litter pickup, sweeping, dust control, ice control, and traffic signal <br />maintenance. <br />5.1.1. All correspondence and instruction to the contractor performing the <br />work will be the sole responsibility of the Developer. <br />5.1.2. All work will be performed, unless otherwise specifically stated in the <br />contract documents for the Project, in accordance with the Standard <br />Specifications for Construction and Maintenance of Highways, Streets, <br />and Bridges or special specifications or provisions approved by the <br />Department. <br /> <br />5.2. The Department will allow the Developer or its authorized representative to <br />have access to the site to perform any activities required to execute the work <br />and issue a right of entry for the performance of all construction activity. <br /> <br />5.3. The Developer will negotiate and approve all Change Orders and contract <br />revisions that the Developer finds necessary or convenient to accomplish the <br />construction activities for the Project. For Change Orders and contract <br />revisions that affect prior environmental approvals or result in non-conformity <br />with the specifications and standards agreed upon for the Project, the <br />Developer must assess any potential environmental effects and any additional <br />or revised environmental permits, issues, coordination, mitigation, and <br />commitments required as a result of the contract revisions. <br />5.3.1. The Developer will document any such changes, including a proposed <br />course of action. <br />5.3.2. The Developer will notify the Department of the need for such changes <br />and submit the appropriate documentation. <br />5.3.3. The Department shall have no more than 10 business days after the <br />Developer's submission either to approve the changes as submitted by <br />the Developer or to respond with the Department's proposed revisions. <br />5.3.4. If the Department responds with revisions, the Developer and the <br />Department will work diligently and in good faith to develop mutually <br />agreeable changes that shall then be implemented by the Developer. <br />5.3.5. The Developer shall be responsible for obtaining any required <br />approvals from federal, state, or local governmental authorities, with <br />the exception of the Department and FHWA, and except as otherwise <br />specified in this agreement. <br />5.3.6. To the extent that a Change Order requires the adoption of alternative <br />design criteria, an exception to the Department's design criteria, or a <br />change in the approved design, the design must be approved as set <br />forth in Sections 4.3, 4.4, or 4.5, as applicable. <br /> <br />5.4. The Developer will comply with applicable Federal requirements throughout <br />the procurement and construction process in order to maintain the <br />Department's eligibility for Federal reimbursement for Project costs. The <br />Developer's compliance with requirements necessary to maintain eligibility for <br />federal reimbursement is a condition precedent to performance by the <br />Department. <br /> <br />Attachment D <br /> <br />Page 7 of 11 <br />