4.17.23 OUTBoard Packet - Laserfiche WebLink

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3. The Department shall be responsible for the development of the design and preparation of Project plans specifications, quantities and details for said Project. Said work shall be accomplished in accordance with Departmental and Federal standards and specifications. 4. All work shall be performed within the existing right of way and in accordance with Departmental standards, policies and procedures. In the event any additional right of way or construction easement is required for the new sidewalk construction within the County jurisdiction, the County shall provide said additional right of way/or easement at no expense or liability whatsoever to the Department. Acquisition of any right of way and/or easements shall be performed in accordance with all State and Federal procedures. CONSTRUCTION AND MAINTENANCE 6. The Department shall advertise and award a contract for the construction of the Project in accordance with the Project plans and with Departmental and Federal policies and procedures. The Department, and/or its agent, shall administer the contract for construction of the Project. 7.. The County, at its own expense, shall be responsible for all liability and maintenance responsibilities for the sidewalk within the County's jurisdiction upon completion of the Project. ADDITIONAL PROVISIONS 8. To the extent authorized by the state and federal tort claim statues, 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. All terms and conditions of this Agreement are dependent upon and subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. 10. 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 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). IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement. Agreement ID#5648 2