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63 <br /> <br /> Chairman Barnhart reconvened the meeting of the Board of Commissioners at <br />5:55 P.M. <br /> <br />Utility Agreement with the North Carolina Department of Transportation <br /> <br /> UPON MOTION of Commissioner Fennel, seconded by Commissioner Carpenter and <br />unanimously carried, the Board approved the Utility Agreement, Project R-2104, <br />between the North Carolina Department of Transportation and the Water and Sewer <br />District at a cost of $71,329.04 and authorized the Chairman to execute the <br />Agreement. <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br />NORTH CAROLINA' DEPARTMENT OF <br />TRAN S PORTAT I ON <br /> AND <br />WATER AND SEWER DISTRICT OF CABARRUS COUNTY <br /> <br />9/29/93 <br /> <br />UTILITY AGREEMENT <br />PROJECT: R-2104 <br /> <br /> THIS AGREEMENT, made and entered into this the __ day of <br /> , 19 , between the DEPARTMENT OF TRANSPORTATION, an <br />agency of the State of North Carolina, hereinafter referred to as <br />the Department, and the WATER AND SEWER DISTRICT OF CABARRUS COUNTY, <br />hereinafter referred to as the District; <br /> <br />W I T N E S S E T H; <br /> <br /> WHEREAS, the Department has prepared and adopted plans to make <br />certain street and highway constructions and improvements under <br />Project R-2104, Cabarrus County, said plan consisting of improvement <br />of NC 24-27 from US 601 to west of the City Limits of Locust at SR <br />1142 in Stanly County; said project having a right-of-way width as <br />shown on the project plans on file with the Department's office in <br />Raleigh, North Carolina; and, <br /> WHEREAS, the parties hereto wish to enter into an agreement <br />for certain utility work to be performed by the Department's <br />construction contractor with full reimbursement by the District for <br />the costs thereof as hereinafter set out. <br /> NOW, THEREFORE, it is agreed as follows: <br /> 1. The Department shall place provisions in the construction <br />contract for Project R-2104, Cabarrus County, for the contractor to <br />relocate and adjust certain district-owned water and sewer lines <br />located along the project. Said work shall be accomplished in <br />accordance with the project special provisions attached hereto as <br />Exhibit "A" and the plan sheets attached hereto as Exhibit "B". <br /> 2. The Department shall be responsible for the entire cost of <br />utility work shown in yellow on the attached Exhibit "B". <br /> 3. The District shall be responsible for the entire cost of <br />said betterment utility work as shown in green on the attached <br />Exhibit "B". The District shall reimburse the Department for said <br />costs as follows: <br /> (A) Upon completion of work, the Department shall submit <br /> an itemized invoice to the District for cost incurred. Billing <br /> will be based upon the contract unit cost and actual <br /> quantities used. <br /> (B) Reimbursement shall be made by the District in a <br /> lump sum amount within sixty (60) days of date of said <br /> invoice. <br /> (C) Interest shall be charged at the rate of eight <br /> percent (8%) on any unpaid balance due. In accordance with <br /> G.S. 147-86.1; G.S. 147-86.21 and G.S. 105-241.1 (i), the <br /> Department shall charge interest on the unpaid balance from <br /> the date the account receivable was due until it is paid. <br /> 4. Upon the satisfactory completion of the relocations and <br />adjustments of the district-owned utility lines covered under this <br />Agreement, the District shall assume normal maintenance operations <br />to the said utility lines. Upon completion of the construction of <br />the highway project, the District shall release the Department from <br />any and all claims for damages in connection with adjustments made <br /> <br /> <br />