HomeMy WebLinkAbout2008 Abstract - Hillsborough - Encroachment Agreement for CO Campus Network Fiber ConnectionORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 19, 2008
Action Agenda
Item No. 4--
SUBJECT: Encroachment Agreement for County Campus Network Fiber Connection
DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Encroachment Agreement with Attached Pam Jones, 919-245-2652
Boring Route Map
PURPOSE: To consider approving a Two Way Right of Way Encroachment Agreement
among Orange County, the North Carolina Department of Transportation (NCDOT) and the
Town of Hillsborough that allows the construction of a bored pathway for County network
communications fiber to connect the Gateway County Campus facilities.
BACKGROUND: The County seeks permission from NCDOT to encroach on its right of way
in the general vicinity of the Southwest corner of the Battle Courtroom westward across Churton
Street to a terminus on the southeast corner of the Gateway building (note the attached
encroachment agreement and bore routing map). This is necessary to provide data connectivity
for the County employees and services operating in the Gateway building, the Orange County
Office Building, and the Orange County Library.
FINANCIAL IMPACT: There is no additional funding required as a result of this action.
RECOMMENDATION(S): The Manager recommends that the Board approve the Two Party
Right of Way Encroachment Agreement among the North Carolina Department of
Transportation, Orange County and the Town of Hillsborough as presented; and authorize the
Chair to sign on behalf of the Board.
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i COUNTY OR COUNTIES OF
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
I AND
ORANGE COUNTY
NORTH CAROLINA
BLANKET ENCROACHMENT AGREEMENT
UNDERGROUND UTILITY SERVICE CONNECTIONS
ON PRIMARY AND SECONDARY ROAD SYSTEM
THIS AGREEMENT, made and entered into this the 31 day of 01 20 08 by and between the Department
of Transportation, party of the first part; and ORANGE COUNTY, NORTH CAROLINA
party of the second part,
WITNESSETH:
THAT WHEREAS, the party of the second part desires to install underground service connections on the
right of way of certain public roads on the State Primary and/or Secondary Road System in the above County or
Counties, North Carolina; and
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
the party of the first part, in the exercise of authority conferred upon it by statute, is willing to permit the
encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
part the right and.privilege to encroach and construct underground service connections in the County or counties
mentioned above, without giving prior notification to the party of the first part, subject to strict compliance to the
following 18 numbered special provisions;
1. This Agreement applies,onlyto underground service connections that emanate from a
distribution line, feeder line, or main line outside highway right of way or from existing
distribution line, feeder line, or main line occupying highway right of way by virtue of an
approved encroachment agreement. Any service connection which is to be owned
and/or installed by any person or firm other than the owner or owner's agent of the
distribution line, feeder line, or main line shall not be included in this agreement.
2. This agreement applies on all highways except Freeways.
3. No pavement shall be cut. Shoulders stabilized with bituminous material and/or
crushed stone will be considered as pavement.
4. Plowing will be permitted across unpaved roads.
5. Trenching will not be permitted across unpaved roads.
6. No longitudinal installations requiring open-cut or trenching will be allowed.
7. Longitudinal installations up to 500' will be allowed provided the plowing-in method of
installation is utilized.
8. Road crossings by the methods of driving, jacking, or boring holes up through 6" in
diameter will be allowed. Bores in excess of 6" in diameter will require an
encroachment agreement approved by the Division Engineer.
9. Minimum bury beneath roadways shall be 3 feet; and 2 feet below the bottom of side
ditches and sidewalks.
10. Highway drainage pipes and culverts are not to be disturbed.
11. No attachment shall be made to bridges or culverts.
12. That the said party of the second part binds and obligates himself to install and
maintain the encroaching facility in such safe and proper condition that it will not
interfere with or endanger travel upon said highway, nor obstruct nor interfere with the
proper maintenance thereof, to reimburse the party of the first part for the cost incurred
for any repairs or maintenance to its roadways, and structures necessary due to the
installation and existence of the facilities of the party of the second part, and if at any
time the party of the first part shall require the removal of or changes in the location of
FORM R/W 16.5
Rev. July 1, 1977
Page 1 of 2
3
the said facilities, that the said parry of the second part binds himself, his successors
and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
13. It is clearly understood by the party of the second part that the party of the first part will
assume no responsibility for any damage that may be caused to such facilities, within
the highway right of way limits, in carrying out its construction and maintenance
operations.
14. During installation, the party of the second part shall be responsible for signs, lights,
flagmen and other warning devices for the protection of traffic in conformance with the
latest Manual on Uniform Traffic Control Devices for Streets and Hi-ghways and
amendments or supplements thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
15. That the party of the second part agrees to restore all areas disturbed during
installation and maintenance to the satisfaction of the Division Engineer of the party of
the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or
pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground
surfaces or other property; or pollution of the air. There shall be compliance with
applicable rules and regulations of the North Carolina Division of Environmental
Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to
pollution prevention and control. When any installation or maintenance operation
disturbs the ground surface and the existing round cover, the party of the second part
agrees to remove and replace the sod or otherwise reestablish the grass cover to meet
the satisfaction of the Division Engineer of the party of the first part.
16. All work is to be completed promptly with a minimum of delay.
17. That in the case of noncompliance with the provisions of this agreement by the party of
the second part, the party of the first.part reserves the right to stop all work until the
facility has been brought into compliance or removed from the right of way at no cost to
the party of the first part.
18. The party of the first part reserves the right to void this agreement at any time by
submitting written notification to the party of the second part.
R/W (165) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (165) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and
year first above written.
DEPARTMENT OF TRANSPORTATION
BY:
ASSITANT MANAGER OF RIGHT OF WAY
i ATTEST OR WITNESS:
(COMPANY)
(TYPE NAME AND TITLE)
Page 2 of 2
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DWG: SK013108A SCALE: l."=3
DATE: 01/31/08 REF DWG: C3.0
BY: WH CRZ#0417
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1 , ' PROJECT: ORANGE COUNTY JUSTICE EX