NORTH CAROLINA
DARE COUNTY 2118102
NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
AND TRAFFIC AGREEMENT
PROJECT:
TOWN OF NAGS HEAD WORK ORDER: 6.057058
THIS AGREEMENT, made and entered into this ______day of ______, 2002, between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the Department, and the TOWN OF NAGS HEAD, a municipal corporation, hereinafter referred to as the Municipality;
WITNESSETH
WHEREAS, the Department and the Municipality propose to make certain traffic control improvements under said project in Dare County; said project to consist of the installation of a traffic signal on US 158 at the entrance to the new Outer Banks Hospital in Nags Head; AND
WHEREAS, the Municipality has agreed to participate in the cost of the project as hereinafter set out.
NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows:
1.The Department shall provide the plans and traffic signal designs including the metal poles with mast arms and foundation designs, furnish all traffic signal equipment including metal poles with mast arms and hardware necessary for the signal installation and install, or have installed, the traffic signal equipment. All work shall be performed in accordance with the N. C. Traffic Signal Specifications, all local codes, ordinances, and procedures.
2.Due to the unavailability of metal poles with mast arms that are necessary for the installation of the signal by an operational target date of March 19, 2002, the Department shall install the signal on temporary wooden poles.
3.The Municipality shall reimburse the Department for the actual cost of the installation of the signals on temporary wooden poles in an amount not to exceed $10,000 Based on the estimated costs, the Municipality shall submit a check for $10,000 to the Department's 1st Division Engineer upon execution of this Agreement by the Municipality. If the actual cost of the work is less than $10,000, the Department shall reimburse the Municipality any overpayment. The Department shall be responsible for all project costs that exceed $10,000.
4.The Municipality shall accomplish the relocation and/or adjustment of any and all utilities in conflict with the construction of the project Said work shall be accomplished in a manner satisfactory to the Department, and without cost to the Department.
5.It is understood by all parties hereto that all work shall be contained within existing right of way. However, should it become necessary, the Municipality shall provide any required right of way and/or construction easements at no cost or liability whatsoever to the Department. Acquisition of right of way shall be accomplished in accordance with State procedures The Municipality shall indemnify and save the Department harmless from any and all claims for damages that might arise on account of the right of way acquisition, drainage and construction easements for the construction of the project.
6.Upon completion of the project, the traffic control equipment shall be owned and controlled by the Department.
IT IS UNDERSTOOD AND AGREED that the approval of the project by the Department is subject to the conditions of this Agreement, and that no expenditure of funds on the part of the Department will be made until the terms of this Agreement have been complied with on the part of the Municipality.
IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given.
ATTEST: TOWN OF NAGS HEAD
BY:______BY:______
Carolyn F. MorrisROBERT W. MULLER
Town ClerkMayor
(MUNICIPAL SEAL)This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act.
______
Municipal Finance Officer,
Rhonda G. Sommer
Federal Tax Identification Number:
56-6034273______
Town of Nags Head
Remittance Address:
Town of Nags Head
P. O. Box 99
Nags Head, NC 27959
DEPARTMENT OF TRANSPORATION
______
STATE HIGHWAY ADMINISTRATOR
APPROVED AS TO FORM:
______
ASSISTANT ATTORNEY GENERAL