§ 136-28.6. Participation by the Department of Transportation with private developers. - North Carolina Statutes

§ 136‑28.6. Participation by the Department of Transportation with private developers.

(a)        The Department ofTransportation may participate in private engineering and constructioncontracts for State transportation systems.

(b)        In order to qualifyfor State participation, the project must be:

(1)        The construction ofa transportation project on the Transportation Improvement Plan adopted by theDepartment of Transportation; or

(2)        The construction ofa transportation project on a mutually adopted transportation plan that isdesignated a Department of Transportation responsibility.

(c)        Only those projectsin which the right‑of‑way is furnished without cost to theDepartment of Transportation are eligible.

(d)        The Department'sparticipation shall be limited to fifty percent (50%) of the amount of anyengineering contract and/or any construction contract let for the project.

(e)        Department ofTransportation participation in the contracts shall be limited to costassociated with normal practices of the Department of Transportation.

(f)         Plans for theproject must meet Department of Transportation standards and shall be approvedby the Department of Transportation.

(g)        Projects shall beconstructed in accordance with the plans and specifications approved by theDepartment of Transportation.

(h)        The Secretary shallreport in writing, on a quarterly basis, to the Joint Legislative Commission onGovernmental Operations on all agreements entered into between a privatedeveloper and the Department of Transportation for participation in privateengineering and construction contracts under this section.

(i)         Counties andmunicipalities may participate financially in private engineering, landacquisition, and construction contracts for transportation projects which meetthe requirements of subsection (b) of this section within their jurisdiction.  (1987, c. 860, ss. 1, 2;1989, c. 749, s. 1; 1991, c. 272, s. 1; 1993, c. 183, s. 1; 1995, c. 358, s. 5;c. 437, s. 3; c. 447, ss. 1, 2; 2002‑170, s. 1; 2008‑164, s. 2;2009‑266, s. 14.)