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HomeMy WebLinkAboutAgenda - 06-16-2009 - 4v~ .EVISED 6/16/09 1 Change shown in BOLD ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 16, 2009 Action Agenda Item No. ~- _ ~ SUBJECT: Encroachment Agreement for Sidewalk Construction Associated with Justice Facility Project bEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No x ATTACHMENT(S): Encroachment Agreement INFORMATION CONTACT: Pam Jones (919) 245-2652 PURPOSE: To consider approving a Three Party Right of Way Encroachment Agreement among the North Carolina Department of Transportation (NCDOT), Orange County and the Town of Hillsborough that allows the construction and maintenance of a sidewalk along Churton Street to serve the Justice Facility. BACKGROUND: The County seeks permission from NCDOT to encroach on its right of way in the general vicinity of the EAST west-side of Churton Street between Margaret Lane and the Eno River bridge in order to construct a sidewalk. The action further transfers title and maintenance responsibility to the Town of Hillsborough upon completion of the sidewalk. FINANCIAL IMPACT: There is no additional funding required as a result of this action. Construction of the sidewalk is included in the contract executed previously by the Board with Bordeaux Construction Company. RECOMMENDATION(S): The Manager recommends the Board approve the Three 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. REVISED 6/16/09 Change shown in BOLD ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 16, 2009 Action Agenda Item No. ~}- - ~,/ SUBJECT: Encroachment Agreement for Sidewalk Construction Associated with Justice Facility Project DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No x ATTACHMENT(S): Encroachment Agreement INFORMATION CONTACT: Pam Jones (919) 245-2652 PURPOSE: To consider approving a Three Party Right of Way Encroachment Agreement among the North Carolina Department of Transportation (NCDOT), Orange County and the Town of Hillsborough that allows the construction and maintenance of a sidewalk along Churton Street to serve the Justice Facility. BACKGROUND: The County seeks permission from NCDOT to encroach on its right of way in the general vicinity of the EAST west-side of Churton Street between Margaret Lane and the Eno River bridge in order to construct a sidewalk. The action further transfers title and maintenance responsibility to the Town of Hillsborough upon completion of the sidewalk. FINANCIAL IMPACT: There is no additional funding required as a result of this action. Construction of the sidewalk is included in the contract executed previously by the Board with Bordeaux Construction Company. RECOMMENDATION(S): The Manager recommends the Board approve the Three 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. ___ __ STATE OF NORTH CAROLINA O ROUTE S.R.1009 PROJECT ORANGE JUSTICE COUNTY OF ORANGE EXPANSION DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON ORANGE COUNTY PRIMARY AND SECONDARY SYSTEM -AND- TOWN OF HILLSBOROUGH THIS AGREEMENT, made and entered into this the 30 day of 04 , 20 09 , by and between the Department of Transportation, party of the first part; and ORANGE COUNTY party of the second part; and TOWN OF HILLSBOROUGH party of the third part, WITNESSETH THAT W HEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) S.R. 1009 ,located IN THE TOWN OF HILLSBOROUGH, N.C. with the construction and/or erection of: APPROXIMATELY 245 L.F. OF CONCRETE SIDEWALK ALONG THE EAST SIDE OF S.R. 1009{CHURTON ST.) FROM INTERSECTION OF S.R 1009(CHURTON ST.) & E. MARGARET ST. TO THE SOUTH ALONG S.R. 1009(CHURTON ST.) 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 make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY and such revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these polices and procedures may be obtained from the Division Engineer or State Utility Agent of the party of the first part. That the said party of the second part binds and obi'~gates himseH to install and maintain the encroaching facility in such safe and proper condition that tt 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 installation and existence of the faclities 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 faclities, that the said party of the second part binds himself, his successors and assigns, to promptly remove or otter 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 wam(ng devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Hiahwavs and Amendmerrts 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 ftrst part from all damages and claims for damage that may arise 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 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 offlcal agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing ground 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. 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 ske, at all times during construction, a copy of tfiis 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 shown. Provided the work 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 tha 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 faclity 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 tt actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is st3atrad by the party of the FORM R/W 16.6 Rev. July 1, 1977 second part from the party of the first part. During the performance of this contrad, the second party, for Itself, its assignees and successors in interest (hereinafter referred to as the "contrador'), agrees as follows: a. Compliance with Regulations: The contrador shall comply with the Regulations relative to nondiscrimination in Federaliy- assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Nondiscrimination: The contrador, with regard to the work performed by if during the contred, shall not discriminate on the grounds of race, color, or natonal origin in the seledlon and retention of subcontractors, induding procurements of materials and leases of equipment. The contrador shall not partidpate either diredly or indiredly in the discrimination prohibited by Section 21.5 of the Regulations, induding employment practices when the contrad covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sutxbntrads. including Proc~ rements of Materials ann Fn. iinmwnr• In all solidtatlons either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontrad, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contrador's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. 'Information and Reports: The contrador shall provide all information and reports required by the Regulations, or dlredives issued pursuant thereto, and shall permit acxess to its books, records, accounts, other sources of Infortnatlon, and its fadlities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or diredives. Where any information required of a contractor is in the exdusive possession of another who falls or refuses to famish this Intortnatlon, the coritrador shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sandions for Norabmolianoe: In the event of the contractor's noncompliance with the nondiscrimination provisions of this centred, the Department of Transportation shall Impose such corttrad sanctions as it or the Federal Highway Administration may determine to be approprtate, induding, but not limited to, (1) wfthhdding of payments to the contrador under the oontrad until the contrador complies, and/or (2) cancellation, termination or suspension of the contrad, in whole or in part. f. Incorporation of Provislory~: The oontrador shall indude the provisions of paragraphs "a° through "P in every subcontrad, induding procurements of materials and leases of equipment, unless exempt by the Regulations, or diredives Issued pursuant thereto. The contrador shall take such adion with rasped to any subcontrad or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, Ift(gation with a subcontrador or supplier as a result of such direction, the centrador may request the Department of Transportation to enter into such litigatron to protect the Interests of the State, and, in addition, the contredor may request the United States to enter into such litigation to prated the interests of the tinted 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. RiW (166) :Party of the Second Part certifies that this agreement is true and accurate copy of the form R/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. DEPARTMENT OF TRANSPORTATION BY: DIVISION ENGINEER WITNESS: Orange County, North Carolina Chair to The Board of Commissioners Second Party WITNESS: