RES-2005-039 Resolution for Acceptance of Grant for Proposed Scenic Easement Project

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APPENDIX A 7. The Sponsor is responsible for the acquisition or lease of property to ensure appropriate right of way The Sponsor shall comply with all rules and regulations and right of way must be certified in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970. Certification of existing municipally owned right of way shall be in accordance with all rules, regulations, and procedures governing the acquisition of right of way. • The Sponsor must contact the Division Right of Way Agent prior to initiating any right of way acquisition and to certify the existing right of way. • The Sponsor shall accomplish or cause to be accomplished the relocation and/or adjustment of any publicly or privately owned utilities in conflict with the project. A plan showing utility conflicts shall be included with the final plans. • Only two categories allow reimbursement of ROW expenditures: Acquisition of Scenic Easements or Preservation of.Abandoned Railway Corridors. Any right of way costs incurred prior to receipt of FHWA right of way authorization will not be eligible for reimbursement. 8. The TPC will determine the type of Environmental Document required. • If the project requires a Type I Categorical Exclusion (CE), the TPC will document this in the .file and notify the Sponsor. This will conclude the Environmental Document requirements. • If the project requires a Type II Categorical Exclusion (CE), the Sponsor, and/or its agent, is responsible for preparing the Environmental Document and submitting it to the TPC for review and approval. 9. Preliminary design plans (number of sets to be determined by the TPC) will be submitted by the Sponsor to the TPC for review and approval. Preliminary design plans are to show design, profiles, typical. section, construction limits,. drainage, and proposed right of way and/or easements. The project shall be designed in accordance with federal and state regulations as well as AASHTO (American Association of State Highway and Transportation Officials) standards. 10. Prior to the Sponsor advertising for construction bids, the Sponsor shall. submit final plans, specifications, and contractor's estimates to the TPC for review and approval. The TPC will determine the number of final plans and contract proposals that need to be submitted. 11. After the TPC has reviewed and approved the final plans and contract proposals for the project, the TPC will obtain FHWA construction authorization to proceed with the advertisement of the construction project. 12. Upon receipt of approval by FHWA, the TPC shall notify the Sponsor that they may proceed with advertisement. The Sponsor shall follow FHWA regulations as contained in the Federal-Aid Policy Guide. Letting of contracts for construction and purchases shall be in accordance with NCGS 143- 129, NCGS 143-131, or 23 CFR 635A (whichever is determined by the TPC). • Prior to award of the construction contract by the Sponsor, a letter will be submitted to the TPC requesting concurrence with the selection and shall include: a copy of the municipal resolution approving consultant selection, bid tabulation sheets, engineer's estimate(s), and two (2) copies of the successful responsible bidder's contract. FMWA and Board of Transportation must concur prior to award of contract by the Sponsor. • The TPC will notify the Sponsor of FHWA and Board of Transportation concurrence, thereby authorizing Sponsor to proceed with the awarding of the construction contract. -2-