Orange County NC Website
Browse       Search
D. "Non-FHWA Routes"shall mean those routes for which FHWA does not <br /> provide reimbursement, generally rural secondary roads rights of way within <br /> the County and those urban secondary roads within the municipalities within <br /> the County. The non-FHWA routes are those routes within the County, <br /> which are not listed on Attachment A. <br /> 2. During a State of Disaster or Imminent Threat of Disaster and/or a State of <br /> Emergency declared pursuant to Chapters 14 and 166A of the North Carolina <br /> General Statutes and upon a determination by the Parties that is desirable that <br /> County be responsible for removal of debris from the right of way of State System <br /> Roads,NCDOT shall issue to County a written Notice to Proceed with debris <br /> removal. <br /> 3. County shall remove and dispose of(1) Eligible Storm Debris on all non-FHWA <br /> routes and(2) Eligible Storm Debris on FHWA routes. In so doing, County shall <br /> comply with all FEMA and DEM requirements regarding storm removal and <br /> disposal including landfill quantity calculations and site disposal costs. <br /> 4. County shall apply directly to DEM and/or FEMA for reimbursement in <br /> accordance with the rules,regulations and procedures of those agencies. Any <br /> reimbursement must be governed by the rules,regulations and procedures of those <br /> agencies, and NCDOT shall not be responsible for any portion of reimbursement <br /> to County. <br /> 5. County is responsible for complying with all NCDOT rules and regulations <br /> including,but not limited-to, safety, insurance, and traffic control in accordance <br /> with the Manual on Uniform Traffic Control Devices, and County shall hold <br /> NCDOT harmless in all matters arising from or related to this Agreement. <br /> Further, County shall be responsible for all damage or injury to persons or to <br /> private property occurring as a result of the debris removal activities pursuant to <br /> this Agreement, and County shall hold NCDOT harmless in all matters arising <br /> therefrom. <br /> 6. County shall be responsible for repair of any damages to the state maintained <br /> right of way,which may be caused by debris removal operations undertaken <br /> pursuant to this Agreement. All repairs shall be made to the satisfaction of the <br /> Division Engineer of the Highway Division in which county is located, and the <br /> Division Engineer's judgment in this regard shall be final. <br /> 7. County shall remove all Eligible Storm Debris even if such removal requires <br /> multiple passes on a particular route and shall continue until the mutually agreed <br /> upon completion date. All work pursuant to this Agreement shall be done to the <br /> satisfaction of the Division Engineer of the Highway Division in which county is <br /> located, and the Division Engineer's judgment in this regard shall be final. <br /> 8. All work pursuant to this Agreement shall be completed by a date mutually <br /> agreed to by DEM, FEMA,NCDOT and County. <br /> 9. This Agreement may be terminated by either party upon submission of a thirty- <br /> day advance written notice of termination. No notice of termination shall be <br /> effective for debris removal pursuant to any Notice to Proceed already issued by <br /> NCDOT. <br />