Loading...
HomeMy WebLinkAboutS Aging - Central Orange Senior Center - Sportsplex Renovation SidewalkUTE BUSINESS US PROJECT CENTRIAL ORANGE COUNTY OF HWY. 70 SENIOR CENTER STATE OF NORTH CAROLINA ORANGE DEPARTMENT OF TRANSPORTATION -AND- ORANGE COUNTY NORTH CAROLINA -AND- TOWN OF HILLSBOROUGH NORTH CAROLINA THREE PARTY RIGHT OF WAY ENCROACHMENT AGREEMENT ON PRIMARY AND SECONDARY SYSTEM THtS AGREEMENT, made and entered into this the 26 day of OCT , 20 07 , by and behveen the Department Transportation, party of the first part; and ORANGE COUNTY, NORTH CAROLINA party of the second part: and TOWN OF HILLSBOROUGH, NORTH CAROLINA party of the third part, WITNESSETH THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as toute(s) BUSINESS US HWY. 70 ,located APPROX. 3/4 OF A MILE NORTH WEST FROM 'HE INTERSECTION OF LAWRENCE ROAD AND BUSINESS US HWY. 70 with the construction andlor erection of: A 5 FOOT WIDE CONCRETE SIDE WALK , 490 L.F. +!- ,ON THE SOUTH SIDE.OF 3USINESS US HWY. 70 ,LIMITED TO THE EAST BY THE SOUTH EAST PROPERTY BOUNDRY AND LIMITED TO THE NEST BY MEADOWLAND DRIVE. WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the.party of :he first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the •ight 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 make this encroachment as shown on attached plan sheet(s), specffications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the atwve described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING l1TILITIES OtJ HIGHWAY RIGHTS-OF-WAY, and such .revisions and amendments thereto as may be in effect at the date or this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or Stale Utility Agent of the party of the first part. That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such sate and proper condition that it will not interfere with or endanger travel upon said highway, nw. obstruct nor interfere with the proper maintenance thereof, to reimfwrse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due fo 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 the said faalities, that the said party 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. That the party of the second part agrees. to provide during construction and any subsequent maintenance proper signs, signal 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 Hiahwavs 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. That the party of the second part hereby agrees to indemnify and save harmless the party of the first pan from aU damages and Gaims for damage that may azise by reason of the installation and maintenance of this encroachment 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 pan agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of r(vers, streams, lakes, reservoirs, other water impoundments, ground suRaces or other property; or pollution of the air. There shat! be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management North Carolina Sedimentation Control Commission, and wRh ordinances and regulations of various counties, muniapalities and otherofficial agencies relating fo pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground cover, the pany of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction M the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless evidence of approval can be shrnvn. Provided the vrork contained in this agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms 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. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not FORM RNV 16.6 Rev. Juty 1, 1977 a ~I ~J begun within one (~ 1 year from the date of authorization by the party of the first part unless written waives is secured by the party of the second part from the party of the first part. During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor), agrees as follows: a. C~omoliance with Reggtalions: The contractor shall comply with the Regulations relative to nondiscrimination in Federally- assisted Drograms of the ll. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to lime, (hereinafter refereed to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grountls of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shat) not partidpate either directly or intlirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solidtat~ns for Sutx:on•racts indu~,rnp Procurements of Materials and Equipment: !n alt solicitations either by competitive bidding or negotiation made by ttre contractor for work to be performed under a subcontract. indutling procurements of materials or leases of equipment, each potential subcontractor or supplier shat) be notified by the contractor of the CpnlraCtpr'S Obllgalion5 Under IhiS Contfdd and the Regutatlpn$ relatlVe t0 npndl5crimtnatipn On the g10Untl5 Or face, cplpr, or national origin. d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permi! access to its books. records. accounts. other sources of irrlormation, anC its facilities as may be delerminetl by the DepaAmenl of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exGusive possession of another who faits or refuses to furnish this information. the contractor shall so certify to the Department of Transportation, or the Pectoral Highway Administration as appropriate, and shall set forth what efforts d has made to obtain the information. ' e, Sanctions for Noncompliance: to the even) of the contradoPS noncompliance with the nondiscrimination provisions of this wntract, the Department of Transportation shall impose such contract sanctions as h or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (t) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions: The contractor shall inGutle the provisions of paragraphs 'a" through `f" in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The oohtrador shaft take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions inducting sanctions fps noncompliance: Provided, however, that, in the event a contractor bewmes involved in, or is threatened with. litigation with a subcontractor or supplier a5 a result of such direction, the contractor may request the Department of Transportation to enter into such litigatron to protect the interests of the State, and, in addition, the contractor may request the Unfted States to enter into such litigation to protest the interests of the United States. That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second part and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to perform all obligations as agreed to herein by the party of the second part. R/W (166) :Party of the Second Part certifies that this agreement is true and accurate copy of the form Ri'W (166) incorporating all revisions to date. ' IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and year first above written. WITNESS: N • ~ ,~,~ ; L~vrfn~. 5• C3a~cY- ~~ ~~ ,Nk ~avoL WITNESS: DEPARTMENT OF TRANSPORTATION 8Y: DIVISION ENGINEER ~ ~,~u~ ~: l.~//~ ~It.I~r td~flt/YlI.~S,~Qri a.,l~ second Party Third Patty