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DocuSign Envelope ID: E5E3F6C3-1140-45DC-9E04-D9C3A4A5DE3A <br /> 47 <br /> 11.UTILITIES <br /> The Municipality, and/or its agent, at no liability to the Department, shall relocate, adjust, relay, <br /> change or repair all utilities in conflict with the Project, regardless of ownership. All utility work <br /> shall be performed in a manner satisfactory to and in conformance with State and Federal rules <br /> and regulations, prior to Municipality beginning construction of the project. This Agreement does <br /> not modify or supersede any existing Utility Encroachment Agreements that may be in place. <br /> 12.RIGHT OF WAY / UTILITY / RAILROAD CERTIFICATION <br /> The Municipality, upon acquisition of all right of way/property necessary for the Project, relocation <br /> of utilities, and coordination with the railroad shall provide the Department all required <br /> documentation (deeds/leases/easement/plans/agreements)to secure certification. Certification is <br /> only issued after all ROW is in public ownership or property is publicly accessible by a legal <br /> document; utilities in conflict with the project are relocated, or a plan for their relocation during <br /> construction has been approved; and coordination with the railroad (if applicable) has occurred <br /> and been documented. <br /> 13.CONTRACT PROPOSAL AND ENGINEER'S ESTIMATE <br /> CONTRACT PROPOSAL <br /> The Municipality shall develop a contract proposal that will be advertised for bids. The proposal <br /> shall comply with NCDOT Specifications and Standard Drawings as applicable to the Project. <br /> The proposal shall also contain provisions, as applicable, per Title 23 Code of Federal <br /> Regulations 633 and 635 to include, but not be limited to: FHWA 1273, Buy America, Davis- <br /> Bacon Wage Rates, Non-discrimination, DBE Assurances, Contractor Certification regarding <br /> suspension and debarment, and other provisions as required by the Department. <br /> ENGINEER'S ESTIMATE <br /> The Municipality shall develop an itemized engineer's estimate to show items referenced to the <br /> NCDOT Standard Specifications, if applicable, along with units and unit price. The engineer's <br /> estimate will be used as the basis for comparing bids received. <br /> Agreement ID# 11619 10 <br />