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5 <br />A. The County shall advertise and conduct any required public <br />hearings. The County shall be responsible for conducting any needed public hearing meetings <br />to collect public comments from all interested parties and securing an encroachment agreement, <br />if necessary, from the Department for any project work adjacent or intersecting the State <br />Highway System prior to finalizing design plans. <br />B. If any permit issued requires that action be taken to mitigate impacts <br />associated with the improvements, the County shall design and implement a mitigation plan. <br />The County shall bear all costs associated with said mitigation plan, including penalties for <br />violations and claims due to delays. <br />C. The County shall be responsible for designing an erosion control <br />plan if required by the North Carolina Sedimentation Pollution Control Act of 1973, G. S. 113A- <br />50, et seq., and obtaining those permits required thereby in order to construct the project. <br />During the construction of the improvements, the County, and its contractors and agents, shall <br />be solely responsible for compliance with the provisions of said Act and the plan adopted in <br />compliance therewith. <br />4. If the County causes the professional engineering services required by this <br />Agreement to be performed by contracting with a private engineering firm and seeks <br />reimbursement for said services under this Agreement, it is agreed as follows: <br />A. The County shall ensure that an engineering firm is obtained through an <br />equitable selection process and that prescribed work is properly accomplished in a timely <br />manner, at a just and reasonable cost. <br />B. The County, when procuring architectural, professional and engineering <br />services, must adhere to North Carolina Department of Transportation Rules and Regulations <br />for Major Professional or Specialized Services Contracts. This policy conforms to N.C.G.S. <br />143-64, Parts 31 and 32, anct Title 23 of the Code of Federal Regulations, Part 172. The <br />County shall comply with the policies and standards for negotiated contracts as contained in the <br />-5- <br />