BC 1991 03 25 - Laserfiche WebLink

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82 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 County, without expense to the Department, shall effect all necessary changes, adjustments, and relocations of telephone, telegraph, and electric power lines; underground cables, gas lines, and other pipelines or conduits; or any privately- or publicly- owned utilities. 2. The County, at its own expense and without any cost or liability whatsoever to the Department, shall provide all necessary right of way and easements required for the project in addition to the existing right of way already owned by the Department and shall remove from said rights of way all obstructions and encroachments of any kind or character and all utilities as set out hereinabove. Further, the County shall indemnify and save harmless the Department from any and all claims for damages that might arise on account of the acquisition of right of way, drainage and construction easements for the construction of said project in accordance with the plans on file with the Department. 3. If during construction of this project contaminated and/or hazardous material is discovered or becomes known to the Department, the County shall be solely responsible for the removal and disposal of said material at their expense. The County's responsibility shall be limited to that material located in the right of way acquired by the County for said project as set out in Item #2 above. Any hazardous material discovered in the existing right of way owned by the Department prior to acquisition of right of way by the County for construction of this project shall be the responsibility of the Department. The County shall be solely responsible for any damages caused by the existence of said material now and at any time in the future and will save the Department harmless from any legal actions arising as a result of this contaminated and/or hazardous material within the newly acquired right of way. 4. The County shall design and prepare plans and specifications for the project in accordance with the Department's standard practices for highway construction. Plans are to be submitted to the Department for its review and approval. 5. The Department shall construct the project in accordance with the plans and specifications adopted therefor, or as altered or amended by the Department. 6. The County shall participate in twenty-nine percent (29%) of the actual construction costs of the project. The Department may invoice the County monthly for costs incurred. Reimbursement by the County shall be within thirty (30) days of the date of invoice from the Department. 7. Traffic control devices shall be the responsibility of the Contractor as part of the construction contract. 8. Traffic during construction of the project sh~ll be maintained at all times on NC 136. The reservoir shall not be flooded until sufficient pavement has been constructed on NC 136 at the higher elevation to maintain traffic. 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 County by authority duly given, as evidenced by the attached certified copy of Resolution, Ordinance or Charter Provision, as the case may be. t.S. ATTEST: /s/ Frankie F. Small SECRETARY COUNTY OF CABARRUS By: /s/ Billy J. Simmons, Jr, CHAIRMAN ( SEAL) APPROVED AS TO FORM BY: ASSISTANT ATTORNEY GENERAL DEPARTMENT OF TRANSPORTATION BY: STATE HIGHWAY ADMINISTRATOR