20061617 Ver 1_Emails_20060124

Kick-off Meeting for US 64 Interchange (Wendell Falls Blvd.)
Subject: Kick-off Meeting for US 64 Interchange (Wendell Falls Blvd.)
From: "Flesch-Pate, Julie" <[e-mail]>
Date: Tue, 24 Jan 2006 09:25:33 -0500
To: <[e-mail]>, <[e-mail]>,
<eric. c. alsmeyer@usace. army.mil>
When: Wednesday, February 08, 2006 2:00 PM-4:00 PM (GMT-05:00) Eastern Time (US & Canada).
Where: NCDOT Poole Road Building A-Structure Design Conference Room "c" Near column C-4

To All:
I hope you are able to attend our kick-off meeting with NCDOT to discuss future design of the US 64
Interchange.
The agreement between Wendell Falls Blvd. Inc. and NCDOT has been signed and approved by the
board. Copies will be provided at this meeting or sent to you separately if you are not able to attend.
Monty-our timeline for submitting the roadway and Phase I (residential development) mapping, detailing
the total amount of impacts to jurisdictional streams and wetland is the last week in February.
Thank You,
Julie Flesch-Pate
The Louis Berger Group
1 of 1 1/24/2006 9:31 AM

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 25, 2006
Mr. Dean Hatfield
The Louis Berger Group
1513 Walnut Street, Suite 250
Cary, NC 27511
Dear Dean:
LYNDO TIPPETT
SECRETARY
Attached is a fully executed copy of the agreement between the Department of
Transportation and Wendell Falls Development for the construction of a bridge
and interchange at Eagle Rock Road and US 64 Bypass in Wake County.
The developer shall be responsible for all aspects of this project. Work will be to
state standards and specifications and subject to departmental approval and
inspection. The Department has no financial obligations under the terms of this
agreement.
Roadway Design Engineer Chris Haire has scheduled a scoping meeting on
February 8 for the DOT's various branches and units and your staff to review the
project. This will be an opportunity for everyone to discuss the major project
phases and process for review/approval as the project progresses.
Please provide the original to Mercury Development. A copy is provided for your
files. Let me know if you have any questions at this time.
Sincerely,
Sandy ce
Attachment
cc: Deborah Barbour, Director, Preconstruction
Jon Nance, Division Engineer
Calvin Leggett, Program Development
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NG DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION 6UIlDIN6
STATE HIGHWAY ADMINISTRATOR ~ 1 SOUTH WILMINGTON STREET __^
1536WrIl.SEFtVICECENTER WEBSITE: WWW.DOH.DOT.STATE.NC.US RALEIGH NC
RALEIGH NC 27699-1538

Analysis provided by the Developer (design should be based on twenty year traffic
projections after construction). Preliminary design was part of the R-2547C TIP
Project drawings and is illustrated on Exhibit A. The interchange concept was
originally proposed as part of the recently completed US 64 Knightdale Bypass
Design Build Project. The final construction documents will convert the
interchange design concept in SI Units (Metric) to English Units
(B) The Developer shall be responsible for the construction of the roadways
connecting the interchange ramps to existing state owned roadways. Upon
completion the Project will be taken onto the state highway system for
maintenance. The Department shall review and approve the design and
construction of the Project. The Project shall be constructed to state standards for
highway construction. Every effort will be made to construct the west side of the
Project within the existing right of way.
(C) All intersections except the Y-line within the Project shall be at-grade
intersections.
(D) The Department shall have sole authority to approve driveway connections
and median crossovers and intersections onto state maintained roadways.
(E) The right of way shall include all temporary and permanent construction and
drainage easements needed for construction of the Project. The width and location
of the roadway, structure, right of way, and construction and drainage easements
shall be determined during the planning and design phases of the Project.
2. All work will be in accordance with the approved Project plans and
specifications and state standards for highway construction. All work associated
with the Project will be done at no expense to the Department and paid for 100%
by the Developer.
3. The Developer shall be responsible for the preparation of all necessary planning
and environmental documents and shall obtain any environmental permits needed
for construction of the Project. All documents are subject to reasonable review
and approval by the Department and shall be prepared in accordance with the
Department's standards and regulations. For purposes of this Agreement, the
words or "reasonably" shall mean a standard applying normal policy and
procedures without undue delay and determined at the discretion of the
Department. The Developer shall provide the Department with a copy of any
engineering contracts prior to award of the contracts to allow the Department to
reasonably ensure the scope of work is adequate.. The Developer shall be
permitted to withhold the pricing terms of such contracts. Upon completion of the
final environmental and planning documents, the Developer shall provide the
Department copies of the documents as needed for its records. In the event a
public hearing and/or meeting is needed, the Developer shall prepare any maps
and materials reasonably needed and conduct a public hearing andlor meeting.
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contractor to ensure compliance with the provisions of this Agreement. The
resident engineer will be the Department's representative on the Project.
(C) During construction of the Project, if any changes in the plans or work are
necessary, such changes must be approved by the Fifth Division Engineer prior to
the work being performed.
(D) The Department's Fifth Division Engineer shall have the right to inspect,
sample or test, and approve or reject any portion of the Project during
construction.
(E) The Developer shall be responsible for all sampling and testing required
however, upon written request from the Developer, the Department will consider
pre-testing items that are included in the Department's established statewide
program.
(F) The Developer shall sample and test all materials in reasonable close
conformity with the Departments Guide for Process Control and Acceptance
Sampling and Testing.
(G) All materials incorporated into the Project and workmanship performed by the
contractor shall be in reasonable close conformity with the Standards and
Specifications of the Department.
(H) Upon completion of the Project, the Department's Fifth Division Engineer
shall be furnished with copies of all test reports and certification that all materials
and construction were in reasonable close conformity with the Standards and
Specifications of the Department.
(I) upon completion of the Project, the Developer will furnish the Fifth Division
Engineer with two (2) complete sets of As-Built plans:
(J) The Division Engineer will be responsible for final acceptance of the
completed work on behalf of the Department.
(K) The Developer will be responsible for ensuring that the contractor complies
with the terms of the contract and any instructions issued by the Division Engineer
as a result of any review or inspection made by said Division Engineer.
(L) During construction of the Project, the Developer shall provide and maintain
adequate barricades, signs, signal lights, flag men, and other warning devices for
the protection of traffic in conformation with the 2004 Edition of the North
Carolina Supplement to the Manual on Uniform Traffic Control Devices for
Streets and Highways published by the Federal Highway Administration.
(M) All construction work shall be in accordance with Department policies and
procedures for highway construction. Driveway permits will be reviewed and
approved by the Department according to standard policies and procedures.
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12. If constructed, upon completion of the Project, and final inspection and
approval by the Department, the Project will be taken onto the State Highway
System and shall be maintained and controlled by the Department.
13. Prior to June 30, 2006, the Developer shall provide documentation of the local
municipal planning organization (MPO) approval of the proposed alignment of the
roadway segment of the Project.
14. The Developer agrees to indemnify and hold harmless the Department, to the
extent allowed by law, for any third party claims for payment or damages, of any
nature, asserted against the Department in connection with any aspect of the
Project. Furthermore, the Developer shall be responsible for ensuring compliance
with state and local environmental laws and regulations and ordinances and shall
indemnify the Department against any fines, assessments or other penalties
resulting from noncompliance by any entity performing work under contract with
the Developer.
15. This Agreement may not be amended except in writing executed by all parties.
16. This Agreement shall be binding upon the Developer, its successors and
assigns. The Developer may not assign its interest in his Agreement without the
written consent of the Department, which consent shall not be withheld by the
Department provided the Department is reasonably satisfied with the development
expertise and financial condition of the assignee and upon such consent, the
Developer shall be released from any obligations hereunder. The Department
shall provide written assurances of the validity and enforceability of its obligations
under this Agreement to any such successors and assigns of the Developer upon
reasonable request therefore. The Developer shall provide to the Department
written assurances of the validity and~enforceability of this Agreement prior to
assignment.
17. If any provision herein contained which by its nature and effect is required to
be observed kept or performed after the construction of the Project, it shall
survive.
18. This Agreement may be executed in multiple counterparts, each of which shall
be deemed to be an original, and all of which shall constitute one and the same
instrument.
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