TITLE 17

Highways

CHAPTER 1. GENERAL PROVISIONS

Subchapter IV. Award of Contracts


The Department shall not purchase any materials, equipment or supplies, nor enter into any contract for the performance of any work except in accordance with Chapter 69 of Title 29, except that said Chapter 69 of Title 29 shall not apply, when in the best interests of the State, as determined by the Secretary and approved by the Budget Commission, the Department enters into agreements with other states, counties, municipalities, other governmental agencies or private entities to have such work or services supplied pursuant to contracts entered into by such other public authorities or private entities.

17 Del. C. 1953, § 151; 54 Del. Laws, c. 106, § 1; 63 Del. Laws, c. 171, § 1.;

The execution and performance of all contracts awarded by the Department shall be under the charge of the Secretary of Transportation, and the Secretary's decision shall be final in all matters concerning the performance of the work and compliance with the terms of the contract.

17 Del. C. 1953, § 152; 54 Del. Laws, c. 106, § 1; 57 Del. Laws, c. 671, § 1B; 60 Del. Laws, c. 503, § 19; 70 Del. Laws, c. 186, § 1.;

(a) The General Assembly finds as follows:

(1) There are over 150 locations at which public roads cross Delaware's border with either Maryland or Pennsylvania.

(2) Several of these roads include portions that cross into Maryland or Pennsylvania from Delaware with no intersections with such roads from within the other state.

(3) Some public roads move back and forth across the state border, while others continue from 1 state to the other.

(4) These border crossings raise several difficult issues concerning potential liability, appropriate continuity of pavement maintenance policies and practices, snow removal responsibilities, and oversight of subdivision development and entrance permit regulations applicable to each jurisdiction.

(5) Therefore, it is appropriate to direct the Department of Transportation to enter into such border crossing agreements as it deems fitting and proper, to obtain cooperation with the responsible jurisdictions in other states to deal with the issues caused by the interplay of the state's borders with the public road transportation network.

(b) The Department of Transportation is authorized and directed to enter into border crossing agreements with counties, townships, other states, and such other government agencies as are responsible for those public roads that cross between, intersect with, or are adjacent to the Delaware border with Maryland or Pennsylvania, and which are connected to the road system for which the Department is responsible under this chapter. Such agreements may include provisions for pavement reconstruction and maintenance, sharing of snow removal and other responsibilities, joint subdivision review and entrance permit approval processes, adoption of uniform traffic control policies, road segment responsibility designations, reimbursement provisions for expenditures made on these roads, and for other purposes as the Department may deem fitting and proper. Chapter 69 of Title 29 shall not apply to such agreements or to the purchase of materials, equipment, supplies, or the performance of any work on the road segments included within these agreements, except that the provisions of § 6960 of Title 29, thereof shall apply to any work contracted for performance within Delaware.

(c) The provisions of this section shall be limited to those public roads located within 1/2 mile of the Delaware border, measured perpendicularly from the border.

75 Del. Laws, c. 98, § 117.;