HomeMy WebLinkAboutEncroachment Agreement - Bicycle Safety SignsSTATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
July 17, 2018
ORANGE COUNTY
Mark Dorosin
Orange County
PO Box 8181
Hillsborough, NC 27278
JAMES H. TROGDON, III
SECRETARY
SUBJECT: Encroachment Agreement — Orange County. Installation of Bicycle Safety
Signs Located on SR 1713, SR 1734, NC 54, SR 1942, SR 1009 and SR 1008.
Dear Mr. Dorosin:
Attached is Right of Way Encroachment Agreement, which has been properly executed.
The Department of Transportation does not guarantee the right of way on this road, nor
will it be responsible for any claim for damages brought by any property owner by reason
of the installation.
Approval is given upon adhering to the attached special provisions.
If you need additional information, please advise.
Sin erely,
c%)L
Mills, P.E. 4?
DIVISION ENGINEER
JMM /CNE /djj
attachments
Cc: C.N. Edwards, Jr., PE, District Engineer
E071- 068 -18 -00104 Orange County Bicycle Safety Signs
Availing Address: Telephone: (336) 570 -6833 Location:
NC DEPARTMENT OF TRANSPORTATION Far: (336) 570 -6873 115 EAST CRESCENT SQUARE DRIVE
DIVISION 7, DISTRICT 1 Carslomer Service; 1- 877 - 368 -4968 GRAHAM, NC 27253
PO BOX 766
GRAHAM, NC 27253 -0766 Website: www.ncdot.gov
Encroachment Agreement Special Provisions
A copy of the executed encroachment agreement and the approved plans stamped by
NCDOT will be on the site and available for inspection by NCDOT personnel while in
construction is on progress. If safety or traffic conditions warrant such an action, NCDOT
reserves the right to stop all work unless evidence of approval can be shown.
It will be necessary for you or your contractor to notify Mr. DeAngelo Jones, Assistant
District Engineer upon receipt of this letter to schedule a mandatory Preconstruction
Conference, to provide your anticipated date of starting or to review any plan revisions made
by the District Office prior to construction beginning on this encroachment. Mr. Jones can
be reached at (336) 570 -6833 between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday.
3. When the work has been completed, please notify Mr. Jones by letter at P.O. Box 766,
Graham, North Carolina 27253 -0766 in order that a final inspection can be made.
4. WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING
PROGRAM- Effective July 1, 2010, all flagging operations within NCDOT Right of Way
required qualified and trained Work Zone I'laggers. Effective July 1, 2011, qualified and
trained Work Zone Traffic Control Supervisors will be required on Significant Projects.
Training for this certification will be provided by NCDOT approved training sources and/or
private entities that have been pre - approved to train themselves. If you have questions, visit
our web site at www.ncdot.oi- /doh/ reconstruction /wztc /wztctraiiiin ro am /defaLilt.litin] or
contact Stuart Bourne, P.E. with NCDOT Work Zone Traffic Control Unit at (919) 250 -4159
or sbourne c ,ncdot.gov.
5. That the party of the second part agrees to provide traffic control devices, lane closures, road
closures, positive protection and /or any other warning or positive protection devices
necessary for the safety of road users during construction and any subsequent maintenance.
This shall be performed in conformance with the latest NCDOT Roadway Standard
Drawings and Standard Specifications for Road and Structures and Amendments or
Supplements thereto. When there is no guidance provided in Roadway Standard Drawings
or Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets
and Highways sways and Amendment or Supplement thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
6. Work requiring lane closure or restrictions will not be allowed between 7:00 am — 9:00
am and 4:00 p.m. — 7:00 p.m. Monday through Friday unless otherwise directed by the
District Engineer unless otherwise shown on approved plans.
7. At least on lane of traffic shall remain open at all times.
8. Any work requiring equipment or personnel within 5' of the edge of any travel lane shall
require a lane closure with appropriate tapers.
9. Any damage to roadway, structures, or associated appurtenances shall be restored to
its original condition as directed by the District Engineer.
10. Excavation material shall not be placed on the pavement. Drainage structures shall not be
blocked with excavation material.
1 1. The encroaching party shall comply with all applicable federal, state and local environmental
regulations, and shall obtain all necessary federal, state and local environmental permits,
including but not limited to, those related to sediment control, storm water, wetland, streams,
endangered species, and historical sites.
12. Trenching, bore pits, and other excavations within the safe recovery area shall not be left
open or unprotected so as to expose motor vehicle or pedestrian traffic to unsafe conditions.
The contractor shall comply with all OSHA requirements and provide a competent person on
site to supervise excavations at all times.
13. All suitable backfill material shall be compacted to 95% density in the shoulder areas, 100%
density under pavement areas and in accordance with AASHTO T99 as modified by the
North Carolina Department of Transportation. Note if contractor starts before weather
conditions improve, then the existing material removed shall be replaced with suitable
material as approved by the District Engineer so that proper compaction can be obtained.
Certified compaction test results are to be submitted to the District Engineer upon request.
14. Excavation within 500 feet of a signalized intersection will require notification by the party
of the second part to Mark Aldridge, Deputy Division Traffic Engineer, at telephone number
(336) 487 -0175. All traffic signal or detect cables must be located prior to excavation.
15. All disturbed areas shall be repaired with the following rate of seed, fertilizer and limestone
in pounds per acre, and the areas properly mulched and tacked:
254 Reliant Hard Fescue
1004 Alta or Kentucky 31 Tall Fescue
254 Kenblue Kentucky Bluegrass
1000# 5 -10 -10 Fertilizer
4000# Limestone
ROUTE Various Routes, PROJECT Bicycle Safety COUNTY OF
see attached list Signs
DEPARTMENT OF TRANSPORTATION
-AND-
Orange County, North Carolina
STATE OF NORTH CAROLINA
Orange County, NC
RIGHT OF WAY ENCROACHMENT AGREEMENT
FOR NON - UTILITY ENCROACHMENTS ON
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the LZtA day of 20 18 by and between the Department
of Transportation, party of the first part; and Orange County, North Carolin
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) Various routes, see attached map and location list located See attached map, location Ii
with the construction and /or erection of: Fifteen (15) bicycle safety signs — see attachments.
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 mace 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 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 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 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_
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 and maintenance of this encroachment.
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 rights of way limits, in carrying out its construction and
maintenance operations.
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 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 encroaching 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 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 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 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.
RIW (161A) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
FORM RAN 16.1A (January, 1981)
R[W (161A) 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.
ATTEST OR WITNESS:
ORANGE COUNTY r—,
Donna Baker, Clerk to the BOCC
AX
1Z
Mark Dorosin, BOCC Chair
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and
be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate
seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of
the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the agreement
should be typed directly below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The
address should be included in this agreement and the names of all persons signing the agreement
should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the
following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3, Location of the proposed encroachment.
4. Length and type of encroachment.
5. Location by highway survey station number. If station number cannot be obtained, location
should be shown by distance from some identifiable point, such as a bridge, road,
intersection, etc. (To assist in preparation of the encroachment plan, the Department's
roadway plans may be seen at the various Highway Division Offices, or at the Raleigh
office.)
6. Drainage structures or bridges if affected by encroachment.
7. Typical section indicating the pavement design and width, and the slopes, widths and
details for either a curb and gutter or a shoulder and ditch section, whichever is applicable.
8. Horizontal alignment indicating general curve data, where applicable.
9. Vertical alignment indicated by percent grade, P.I. station and vertical curve length, where
applicable.
10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable.
11. Cross-sections of all grading operations, indicating slope ratio and reference by station
where applicable.
12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure
details and other related information.
11 Erosion and sediment control.
14. Any special provisions or specifications as to the performance of the work or the method of
construction that may be required by the Department must be shown on a separate sheet
attached to encroachment agreement provided that such information cannot be shown on
plans or drawings.
15. The Department's Division Engineer should be given notice by the applicant prior to actual
starting of installation included in this agreement.
16. Method of handling traffic during construction where applicable.
17. Scale of plans, north arrow, etc,
ATTACHMENTS PROVIDED:
A. Bicycle Safety Signs Location Map
B. Locations of Bicycle Safety Signs
C. Bicycle Safety Sign Exhibits
D. NCDOT RSD 96450 Mounting on U Channel Posts
E
EA 16 -1A ATTACHMENTA
Bicycle Safety Suns Location Map
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ORANGE Miles
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Orange County Planning and Inspection
BC 5/1712018
EA 16 -1A ATTACHMENT B
Sians Location List
LOCATION OF 2 FT X 2 FT BICYCLE SAFETY SIGNS ON U- CHANNEL POLES, TO
BE SHARED WITH FUTURE RURAL BUFFER SIGNS
1. Mt. Herman Church Road /SR 1713 (Connects to W. Cornwallis Road at the
Durham County line) — visible on right side of Mt. Herman Church Road /SR 1713
westbound when entering county, right before Bay Meadows Lane.
2. Erwin Road /SR 1734 at the Durham County line - located on the right side of
Erwin Road /SR 1734 southbound when entering the county.
3. NC 54 W and Carl Durham Road /SR 1950 at the intersection — located on the
right side of the NC 54 W eastbound, just after the intersection with Carl Durham
Road /SR 1950
4. Jones Ferry Road /SR 1942 just north of Mel Oaks Drive /SR 2065 — located on
the right side of Jones Ferry Road /SR 1942 northbound, just before the
intersection with Mel Oaks Drive /SR 2065
5. Jones Ferry Road /SR 1942 at the intersection of Old Greensboro Road /SR 1005
— located on right side of Jones Ferry Road /SR 1942 southbound approximately
700 feet south of the intersection with Old Greensboro Road /SR 1005
6. Old 86 and Hickory Forest Road /SR 1211 — located on right side Old 86
northbound just north of the intersection with Hickory Forest Road /SR 1211.
7. Old 86 and Davis Road /SR 1129 intersection — located on the right side Old 86
southbound, just before /north of the David Road /SR 1129 intersection
8. Mt. Carmel Church Road /SR 1008 just north of the Chatham County line —
located on the right side of Mt. Carmel Road just north of the county line when
entering county
LOCATION OF 2 FT X 2 FT BICYCLE SAFETY SIGNS U- CHANNEL POLES
9. Dairyland Road /SR 1177 westbound, located on the right side of the road about
120 feet from the intersection with Rocky Ridge Road /SR 1113
10. St. Mary's Road /SR 1002 westbound, located on the right side of the road just
past Terry Road /SR 1573
11. New Sharon Church Road /SR 1538 southbound located on the right side of the
road just past the intersection with NC 57
EA 16 -1A ATTACHMENT B
Signs Location List
12. New Sharon Church RoadHSR 1538 northbound located on the right side of the
road just before Little Leaf Lane /SR 1699
13. Lebanon Road /SR 1206 eastbound located on the right side of the road
somewhere between Saddle Club Road /SR 1346 and Casey Lane /SR 1464
(outside of Mebane)
14. Bradshaw Quarry Road /SR 1115 eastbound located on the right side of the road
just past Mebane Oaks Road /SR 1007
15. Hebron Church Road /SR 1139 eastbound located on the right side of the road
just before Ben Wilson Road /SR 1182
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