HomeMy WebLinkAboutOTHER-2023-061-Sidewalk maintenance agreement Attachment 1
NORTH CAROLINA SIDEWALK MAINTENANCE AGREEMENT
DATE :
NORTH CAROLINA TRANSPORTATION OF
TRANSPORTATION
AND WBS Element :
ORANGE COUNTY CFDA : 20 . 205
THIS AGREEMENT is made and entered into on the last date executed below , by and between the
North Carolina Department of Transportation , an agency of the State of North Carolina , hereinafter
referred to as the " Department" and Orange County , a municipal corporation , hereinafter referred to
as the " Municipality " .
WITNESSETH :
WHEREAS , the Department has plans to make certain sidewalk improvements under WBS
#48404 . 1 . 1 (TIP # 13 -6037 ) in Orange County and ,
WHEREAS , the Department and the Municipality have approved the construction of the Project with
responsibilities for the Project as hereinafter set out .
WHEREAS , the Municipality has agreed to participate in the maintenance of the sidewalks subject to
the conditions hereinafter set forth ;
NOW, THEREFORE , the parties hereto , each in consideration of the promises and undertakings of
the other as herein provided , do hereby covenant and agree , each with the other , as follows :
SCOPE OF THE PROJECT
1 . TIP # 13 -6037 proposes to replace Bridge No . 670049 on NC 86 over the Norfolk Southern
Railroad in Orange County .
2. The proposed sidewalk portion of the project within the jurisdiction of Orange County consists of
approximately 650 ' of sidewalk on the west side of NC 86 from Bridge No . 670049 north to the
existing Home Depot property ( PIN 9873680800 ) . It also consists of approximately 400 ' of
sidewalk on the east side of NC 86 from Bridge No . 670049 north to intersection of NC 86 and
Old NC 10 ( SR 1710 ) . A total of 1 , 050 ' of sidewalk is proposed to be maintained by the County
currently in County jurisdiction .
PLANNING , RIGHT OF WAY AND UTILITIES
2 . The Department shall develop the plans and specifications in accordance with the Department' s
standard policies and procedures for pedestrian facilities .
3 . All work shall be performed within the existing right of way and in accordance with Departmental
standards , policies and procedures .
4 . The Department does not anticipate the need to relocate and adjust any municipally -owned
utilities at this time . If during the project it becomes necessary to adjust and relocate the
municipally -owned utilities , the Municipality , at no expense to the Department , shall be
responsible for the relocation and adjustment of all utilities in conflict with the Project .
CONSTRUCTION AND MAINTENANCE
5 . The Department shall construct the Project in accordance with the Project plans and with
Departmental policies and procedures . The Department , and/or its agent , shall administer the
contract for construction of the Project .
6 . The County , at its own expense , shall be responsible for all liability and maintenance
responsibilities for the sidewalk upon completion of Project . This accounts for the following
parcels in County jurisdiction and within state owned right-of-way
1 . PIN 9873687308 , accounts for approximately 400 ' of sidewalk along NC 86
2 . PIN 9873683437 , accounts for approximately 240 ' of sidewalk along NC 86
3 . PIN 9873684399 , accounts for approximately 400 ' of sidewalk along NC 86
4 . PIN 9873684235 , accounts for approximately 10 ' of sidewalk along NC 86
7 . County Maintenance is temporary . Maintenance transfers to Town of Hillsborough upon parcel ' s
annexation into town .
ADDITIONAL PROVISIONS
8 . To the extent authorized by state statutes , each party shall be responsible for its respective
actions under the terms of this agreement and save harmless the other party from any claims
arising as a result of such actions .
9 . By Executive Order 24 , issued by Governor Perdue , and N . C . G . S . § 133 -32 , it is unlawful for any
vendor or contractor ( i . e . architect , bidder, contractor , construction manager, design professional ,
engineer, landlord , offeror , seller , subcontractor, supplier, or vendor) , to make gifts or to give
Agreement ID # 2
favors to any State employee of the Governor' s Cabinet Agencies ( i . e . , Administration ,
Commerce , Correction , Crime Control and Public Safety , Cultural Resources , Environment and
Natural Resources , Health and Human Services , Juvenile Justice and Delinquency Prevention ,
Revenue , Transportation , and the Office of the Governor) .
IN WITNESS WHEREOF , this Agreement has been executed , in duplicate , the day and year
heretofore set out , on the part of the Department and the Municipality by authority duly given .
L . S . ATTEST :
BY : BY :
TITLE : Arv► PW ILLV00* TITLE :
DATE : q /`!
L,)
N . C . G . S . § 133 -32 and Executive Order 24 prohibit the offer to , or acceptance by , any State
Employee of any gift from anyone with a contract with the State , or from any person seeking to do
business with the State . By execution of any response in this procurement, you attest , for your entire
organization and its employees or agents , that you are not aware that any such gift has been offered ,
accepted , or promised by any employees of your organization .
Approved by the -as attested to by the signature of
�-
Clerk of the ity � ( governing body ) on e 0
This instr ent has been pre -audited in the manner
required ocal Government Budget and
Fiscal o A t .
( SEAL )
I NCE OFFICER)
Federa Tax Identification Number
m
Remittance Address :
DEPARTMENT OF TRANSPORTATION
BY :
( CHIEF ENGINEER)
Agreement ID # 3
DATE :
APPROVED BY BOARD OF TRANSPORTATION ITEM O : ( DATE)
Agreement ID # 4