§ 136‑89.194. Lawsapplicable to the Authority; exceptions.
(a) Motor Vehicle Laws. The Turnpike System shall be considered a "highway" as defined inG.S. 20‑4.01(13) and a "public vehicular area" as defined inG.S. 20‑4.01(32). All law enforcement and emergency personnel, includingthe State Highway Patrol and the Division of Motor Vehicles, shall have thesame powers and duties on the Turnpike System as on any other highway or publicvehicular area.
(b) ApplicableContracting. For the purposes of implementing this Article, the Authorityshall solicit competitive proposals for the construction of Turnpike Projectsin accordance with the provisions of Article 2 of this Chapter. Contracts forprofessional engineering services and other kinds of professional orspecialized services necessary in connection with construction of TurnpikeProjects shall be solicited in accordance with procedures utilized by theDepartment of Transportation. Cost estimates prepared for the purpose ofcomparing bids for a Turnpike project are confidential and may not be discloseduntil after the opening of bids for the project.
(c) AlternativeContracting Methods. Notwithstanding the provisions of subsection (b) of thissection, the Authority may authorize the use of alternative contracting methodsif:
(1) The authorizationapplies to an individual project;
(2) The Authority hasconcluded, and documented in writing, that the alternative contracting methodis necessary because the project cannot be completed utilizing the proceduresof Article 2 of this Chapter within the necessary time frame or availablefunding or for other reasons the Authority deems in the public interest;
(3) The Authority hasprovided, to the extent possible, for the solicitation of competitive proposalsprior to awarding a contract; and
(4) The approvedalternative contracting method provides for reasonable compliance with thedisadvantaged business participation goals of G.S. 136‑28.4.
(d) Entry for Surveys. The Turnpike Authority and its employees and contractors shall have the sameright of entry for surveys, borings, soundings, or examinations as granted theDepartment of Transportation in G.S. 136‑120.
(e) Plans and ContractDocuments. The requirements for registering right‑of‑way plansset in G.S. 136‑19.4 apply to right‑of‑way plans of theTurnpike Authority. In applying G.S. 136‑19.4 to the Authority,references to the "Department" are considered references to the"Turnpike Authority" and references to the "Board" areconsidered references to the "Authority Board."
Diaries and analyses forcontracts of the Turnpike Authority are subject to the same restrictions ondisclosure that apply to diaries and analyses for contracts of the Departmentunder G.S. 136‑28.5.
(f) ConstructionClaims. G.S. 136‑29 applies to the adjustment and resolution ofTurnpike project construction claims. In applying G.S. 136‑29 to theTurnpike Authority, references to the "Department of Transportation,"the "State Highway Administrator," and a "State highway"are considered references to the "Turnpike Authority," the"chief engineer of the Turnpike Authority," and a "Turnpikeproject."
(g) ContractExemptions. The following provisions concerning the purchase of goods andservices by a State agency do not apply to the Turnpike Authority:
(1) Article 3 of Chapter143 of the General Statutes. The Authority may use the services of theDepartment of Administration in procuring goods and services that are notspecific to establishing and operating a toll revenue system.
(2) Article 3D ofChapter 147 of the General Statutes. The Authority may use the services of theOffice of Information Technology Services in procuring goods and services thatare not specific to establishing and operating a toll revenue system. Allcontract information for contracts for information technology are subject todisclosure in accordance with G.S. 147‑33.95.
(h) APA. Chapter 150Bof the General Statutes does not apply to the Turnpike Authority, except asprovided in this section and G.S. 136‑89.218. (2002‑133, s. 1; 2006‑228,s. 6; 2008‑225, s. 6.)
§ 136‑89.194. Lawsapplicable to the Authority; exceptions.
(a) Motor Vehicle Laws. The Turnpike System shall be considered a "highway" as defined inG.S. 20‑4.01(13) and a "public vehicular area" as defined inG.S. 20‑4.01(32). All law enforcement and emergency personnel, includingthe State Highway Patrol and the Division of Motor Vehicles, shall have thesame powers and duties on the Turnpike System as on any other highway or publicvehicular area.
(b) ApplicableContracting. For the purposes of implementing this Article, the Authorityshall solicit competitive proposals for the construction of Turnpike Projectsin accordance with the provisions of Article 2 of this Chapter. Contracts forprofessional engineering services and other kinds of professional orspecialized services necessary in connection with construction of TurnpikeProjects shall be solicited in accordance with procedures utilized by theDepartment of Transportation. Cost estimates prepared for the purpose ofcomparing bids for a Turnpike project are confidential and may not be discloseduntil after the opening of bids for the project.
(c) AlternativeContracting Methods. Notwithstanding the provisions of subsection (b) of thissection, the Authority may authorize the use of alternative contracting methodsif:
(1) The authorizationapplies to an individual project;
(2) The Authority hasconcluded, and documented in writing, that the alternative contracting methodis necessary because the project cannot be completed utilizing the proceduresof Article 2 of this Chapter within the necessary time frame or availablefunding or for other reasons the Authority deems in the public interest;
(3) The Authority hasprovided, to the extent possible, for the solicitation of competitive proposalsprior to awarding a contract; and
(4) The approvedalternative contracting method provides for reasonable compliance with thedisadvantaged business participation goals of G.S. 136‑28.4.
(d) Entry for Surveys. The Turnpike Authority and its employees and contractors shall have the sameright of entry for surveys, borings, soundings, or examinations as granted theDepartment of Transportation in G.S. 136‑120.
(e) Plans and ContractDocuments. The requirements for registering right‑of‑way plansset in G.S. 136‑19.4 apply to right‑of‑way plans of theTurnpike Authority. In applying G.S. 136‑19.4 to the Authority,references to the "Department" are considered references to the"Turnpike Authority" and references to the "Board" areconsidered references to the "Authority Board."
Diaries and analyses forcontracts of the Turnpike Authority are subject to the same restrictions ondisclosure that apply to diaries and analyses for contracts of the Departmentunder G.S. 136‑28.5.
(f) ConstructionClaims. G.S. 136‑29 applies to the adjustment and resolution ofTurnpike project construction claims. In applying G.S. 136‑29 to theTurnpike Authority, references to the "Department of Transportation,"the "State Highway Administrator," and a "State highway"are considered references to the "Turnpike Authority," the"chief engineer of the Turnpike Authority," and a "Turnpikeproject."
(g) ContractExemptions. The following provisions concerning the purchase of goods andservices by a State agency do not apply to the Turnpike Authority:
(1) Article 3 of Chapter143 of the General Statutes. The Authority may use the services of theDepartment of Administration in procuring goods and services that are notspecific to establishing and operating a toll revenue system.
(2) Article 3D ofChapter 147 of the General Statutes. The Authority may use the services of theOffice of Information Technology Services in procuring goods and services thatare not specific to establishing and operating a toll revenue system. Allcontract information for contracts for information technology are subject todisclosure in accordance with G.S. 147‑33.95.
(h) APA. Chapter 150Bof the General Statutes does not apply to the Turnpike Authority, except asprovided in this section and G.S. 136‑89.218. (2002‑133, s. 1; 2006‑228,s. 6; 2008‑225, s. 6.)
§ 136‑89.194. Lawsapplicable to the Authority; exceptions.
(a) Motor Vehicle Laws. The Turnpike System shall be considered a "highway" as defined inG.S. 20‑4.01(13) and a "public vehicular area" as defined inG.S. 20‑4.01(32). All law enforcement and emergency personnel, includingthe State Highway Patrol and the Division of Motor Vehicles, shall have thesame powers and duties on the Turnpike System as on any other highway or publicvehicular area.
(b) ApplicableContracting. For the purposes of implementing this Article, the Authorityshall solicit competitive proposals for the construction of Turnpike Projectsin accordance with the provisions of Article 2 of this Chapter. Contracts forprofessional engineering services and other kinds of professional orspecialized services necessary in connection with construction of TurnpikeProjects shall be solicited in accordance with procedures utilized by theDepartment of Transportation. Cost estimates prepared for the purpose ofcomparing bids for a Turnpike project are confidential and may not be discloseduntil after the opening of bids for the project.
(c) AlternativeContracting Methods. Notwithstanding the provisions of subsection (b) of thissection, the Authority may authorize the use of alternative contracting methodsif:
(1) The authorizationapplies to an individual project;
(2) The Authority hasconcluded, and documented in writing, that the alternative contracting methodis necessary because the project cannot be completed utilizing the proceduresof Article 2 of this Chapter within the necessary time frame or availablefunding or for other reasons the Authority deems in the public interest;
(3) The Authority hasprovided, to the extent possible, for the solicitation of competitive proposalsprior to awarding a contract; and
(4) The approvedalternative contracting method provides for reasonable compliance with thedisadvantaged business participation goals of G.S. 136‑28.4.
(d) Entry for Surveys. The Turnpike Authority and its employees and contractors shall have the sameright of entry for surveys, borings, soundings, or examinations as granted theDepartment of Transportation in G.S. 136‑120.
(e) Plans and ContractDocuments. The requirements for registering right‑of‑way plansset in G.S. 136‑19.4 apply to right‑of‑way plans of theTurnpike Authority. In applying G.S. 136‑19.4 to the Authority,references to the "Department" are considered references to the"Turnpike Authority" and references to the "Board" areconsidered references to the "Authority Board."
Diaries and analyses forcontracts of the Turnpike Authority are subject to the same restrictions ondisclosure that apply to diaries and analyses for contracts of the Departmentunder G.S. 136‑28.5.
(f) ConstructionClaims. G.S. 136‑29 applies to the adjustment and resolution ofTurnpike project construction claims. In applying G.S. 136‑29 to theTurnpike Authority, references to the "Department of Transportation,"the "State Highway Administrator," and a "State highway"are considered references to the "Turnpike Authority," the"chief engineer of the Turnpike Authority," and a "Turnpikeproject."
(g) ContractExemptions. The following provisions concerning the purchase of goods andservices by a State agency do not apply to the Turnpike Authority:
(1) Article 3 of Chapter143 of the General Statutes. The Authority may use the services of theDepartment of Administration in procuring goods and services that are notspecific to establishing and operating a toll revenue system.
(2) Article 3D ofChapter 147 of the General Statutes. The Authority may use the services of theOffice of Information Technology Services in procuring goods and services thatare not specific to establishing and operating a toll revenue system. Allcontract information for contracts for information technology are subject todisclosure in accordance with G.S. 147‑33.95.
(h) APA. Chapter 150Bof the General Statutes does not apply to the Turnpike Authority, except asprovided in this section and G.S. 136‑89.218. (2002‑133, s. 1; 2006‑228,s. 6; 2008‑225, s. 6.)
