HomeMy WebLinkAboutAgenda - 12-03-2007-4kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 2007
Action Agenda
Item No. 4
SUBJECT: Encroachment Agreement: Central Orange Senior Center/Sportsplex
Renovation Sidewalk Construction
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S): INFORMATION CONTACT:
Encroachment Agreement Pam Jones, 919-245-2652
PURPOSE: To consider approving a Three Way Right of Way Encroachment Agreement
among the North Carolina Department of Transportation (NCDOT), Orange County and the
Town of Hillsborough that allows the construction of approximately 490 lineal feet of 5 foot wide
sidewalk.
BACKGROUND: The County seeks permission from NCDOT, who is already aware of this
issue, to encroach on its right of way in the general vicinity along the south side of Business US
Hwy 70, limited to the east by the southeast property boundary and limited to the west by
Meadowlands Drive in order to install a new sidewalk as required by the Town of Hillsborough's
approval process. The action further transfers title and maintenance responsibility to the Town
of Hillsborough upon completion of the sidewalk.
Upon approval by the County Commissioners, the Agreement will be forwarded to the Town of
Hillsborough and to NCDOT for signature, thereby finalizing this standard NCDOT agreement.
FINANCIAL IMPACT: There is no additional funding required as a result of this action.
Construction of the sidewalk is included in the Construction Manager at Risk contract executed
previously by the Board with Resolute Building Company.
RECOMMENDATION(S): The Manager recommends that 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.
UTE BUSINESS US PROJECT CENTRIAL ORANGE COUNTY OF
HWY. 70 SENIOR CENTER
DEPARTMENT OF TRANSPORTA710N
-AND-
ORANGE000NTY
NORTH CAROLINA
STATE OF NORTH CAROLINA ~ -~
ORANGE
THREE PARTY RIGH7 OF WAY
ENCROACHMENT AGREEMENT ON
PRIMARY AND SECONDARY SYSTEM
-AND-
. ,
TOWN OF HILLSBOROUGH
NORTH CAROLINA
THiS AGREEMENT, made and entered into this the 26 day of OCT , 20 07 , by and between 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 H1NY. 70 ,located APPROX. 3/4 OF A MILE NORTH WEST FROM
'HE INTERSECTION OF LAWRENCE ROAD AND BUSINESS US HWY. 70
vith the construction and/ar 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 io 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), specifications and special provisions which are
made a part hereof upon the following conditions, to wit:
That the installatibn, 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 ACCOMIJ~ODATING UTILITIES O1J 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 policies 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 obligates himself fo 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 fdr the cost incurred for any repairs or maintenance to its roadways and structures
necessary due to installation and existence of the facilities of the party of the second part, and iF at any time the party of the first part shalt
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. •
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 Hiohwavs 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 Grst. "
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the installation ahd maintenance of this encroachment.
That the party of the second part agrees to restore alt 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, takes, reservoirs, other water
impoundments, ground surfaces 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 with ordinances
and regulations of various counties, municipalities and otherofficiai 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 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 pact 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 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 info 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 R/W 16.6
Rev. July 1, 1977
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
During the perfprmance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
the "contractor'), agrees as fotiows:
a. Compliance with Regulations: The contractor shall comply wish the Regulations relative to nondiscrimination in Federally-
assisted programs of the U. 5. Department of Transportation, Title 49, Gode 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 contractor, with regard to the work performed by it during the contract, shall not discriminate on the
crounds of racE, color, or national origin in the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The contractor shall not participate either directly or indirectly 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. Solicitations for Subcontracts inctudinq Procurements of Materials and Equipment: in aU solicitations either by competitive
bidding or negotiation made by ihe'contractor for work to be performed under a subcontract, inctudinq procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or n2lionai origin.
d, Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books. records, accounts, other sources of information. and its
facilities as may be determined by the Department qt Transportation or the Federal Highway Administretion to be pertinent to
ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive
pcssession of another who fai{s or refuses to furnish this information. the contractor shall so certify to the bepartment of
Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
the information.
e. Sanctions fpr Noncompiiance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but not limited to,
(i) withholding of payments to the contractor under the contract until the contractor complies, andlor
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The contractor shall include 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 contractor shall 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 including
sanctions for noncompiiance: Provided, however, that, in the event a contractor becomes involved In, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect 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.
RNV (166) :Party of the Second Part certifies that this agreement is true and accurate copy of the form
RIW {166) incorporating alt 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
WITNESS:
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WITNESS:
BY:
DIVISION ENGINEER
.!
~ '
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Second Party
Third Party