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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) When in the best interest of the State, the Department may enter into a contract with a private developer to accomplish the engineering, design, or construction of improvements to the State highway system.
(b) The Department is authorized to establish policies and promulgate rules providing for its participation in contracts for projects performed on or abutting a state highway or on a facility planned to be added to the State highway system for purposes of completing incidental work on the State highway system.
(c) Any project funded or constructed under this section shall be subject to the following restrictions:
(1) The Department's participation shall be limited to the lesser of ten percent (10%) of the amount of the engineering contract and any construction contract let by the developer for the project or two hundred fifty thousand dollars ($250,000). However, under no circumstances shall participation in the contracts by the Department exceed costs associated with normal practices of the Department.
(2) Plans for the project must meet established standards and shall be approved by the Department.
(3) Projects shall be constructed in accordance with the plans and specifications approved by the Department.
(d) The Secretary shall report annually, not later than March 1, in writing to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Transportation Oversight Committee on all agreements entered into between the Department and a private developer for participation in private engineering and construction contracts under this section.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 136. Transportation § 136-28.6A. Partnerships with private developers - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-136-transportation/nc-gen-st-sect-136-28-6a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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