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HomeMy WebLinkAboutAgenda - 10-17-1995 - VIII-E ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 17, 1995 Action Agenda Item# V.=- SUBJECT:NCDOT Encroachment Agreement for installation of sewer taps and service laterals on Efland sewer system DEPARTMENT: County Manager PUBLIC HEARING: —Yes x No ATTACHMENT(S): INFORMATION CONTACT: County Engineer ext. 2303 NCDOT standard form Blanket Encroachment Agreement for TELEPHONE NUMBERS: Utility Service Connections Hillsborough - 732-8181 on Primary and Secondary Durham - 688-7331 Roads Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To request that the BOCC authorize the County Manager to sign and execute a"Blanket Encroachment Agreement" with NCDOT which will substantially reduce the service delivery time frame necessitated by the current encroachment process in which the County must request that NCDOT grant an individual encroachment for construction of each new sewer tap/service lateral in the Efland sewer system. BACKGROUND: Under current regulatory practices, Orange County must request NCDOT's permission each and every time it wishes to install a sewer tap on-and service lateral from-a sewer main which lies within a NCDOT right-of-way. The degree of difficulty in- and time frame for- securing permission to encroach vary indirect proportion to the complexity of the sewer tap/ service lateral construction project. For example, constructing a sewer service consisting of a tap on a minimal depth main lying in a roadway shoulder but well away from the pavement edge and a service lateral extension to a property adjoining the sewer main side of the road would be a simple project. As it would involve no real impact on the roadway or the passage of traffic,permission to encroach could probably be secured in approximately two weeks. Constructing a sewer tap on and service lateral from a main lying under the paved section of roadway would be a much more difficult project. It would involve at minimum: a)pavement and roadway substructure excavation for installation of both the tap and service lateral; b) traffic control and safety; and c) structural backfill and pavement repair. In this situation, securing NCDOT permission to encroach could be a four week process. 2 There is no simplified procedure to accelerate the process of securing NCDOT encroachment permission for construction within the travel way of state roads. However, simple construction projects which do not directly affect roadway structure or traffic movement and safety can be expedited through NCDOT's blanket encroachment agreement process. If the County enters into a Blanket Encroachment Agreement for the Efland sewer with NCDOT, it can undertake simple sewer tap/service lateral construction projects without having to seek permission to encroach or even notifying NCDOT. The attached Blanket Encroachment Agreement will generally require that the County: 1) ensure that traffic is safely maintained during construction; 2)return a disturbed area within the right-of-way to its pre-construction condition; 3) accept liability for any damage done to the roadway or to other existing utilities during County construction activity; 4) accept responsibility for maintaining the utility as necessary to protect the roadway; and 5) absolve NCDOT from liability related to damage to the utility stemming from NCDOT roadway construction and maintenance activities. Thesereponsibility/liability/maintenance requirements are essentially identical to those currently applicable to those existing portions of the Efland system that lie within NCDOT rights-of-way. These requirements are also essentially identical to those which would apply to any new encroachment, regardless of the process by which NCDOT would grant permission to encroach. RECOMMENDATION: The Administration recommends that the BOCC authorize the County Manager to execute the attached Blanket Encroachment Agreement. 1 • COUNTY OR COUNTIES OF 3 r r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BLANKET ENCROACHMENT AGREEMENT -AND- UNDERGROUND UTILITY SERVICE CONNECTIONS ON PRIMARY AND SECONDARY ROAD SYSTEM THIS AGREEMENT, made and entered into this day of , 19_, by and between the Department of Transportation, party of the first part, and party of the second part, W I T N E S S E T H: THAT WHEREAS, the party of the second part desires to install underground service connection, on the right of way of certain public roads on the State Primary and/or -r-condary Road :;ysterri in the above County or Counties, North Carolina; and 4111EREA3, it is to the material advantage of the party of the second part to effect this encroachrn,fnt, and the party of the first part in the exercise of authority conferred y! 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; HOW, THEREFORE, IT I3 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 number,,d special provisions; 1. This Agreement applies only to 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 :;tone will be considered as pavement. 4. Plowing will be permitted across unpaved roads. r 5. Trenching; will not be permitted across unpaved roads. 6. Ho 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 sidewplks. FOR14 R/W 16.5 Rev, July 1 , 1977 10. Highway drainage pipes and culverts are not to be disturbed. I1. No attachment shall be made to bridges or culverts. �+ r 12. That the said party of the second part binds and obligates himself to in- stall 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 the said facilities, 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. 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 Highways 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, y#_ 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 Environ- mental 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 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. 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. ti 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: ASSISTANT MANAGER OF RIGHT OF WAY ATTEST OR WITNESS COMPANY s (TYPE NAME AND TITLE)