HomeMy WebLinkAboutItem 8-j - Street and Driveway Access Permit and Encroachment Agreement for 10’ Multi-Purpose Pathway Associated with Southern Campus Expansion, Seymour Center 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 2018
Action Agenda
Item No. 8-j
SUBJECT: Street and Driveway Access Permit and Encroachment Agreement for 10' Multi-
Purpose Pathway Associated with Southern Campus Expansion, Seymour
Center
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1) Street and Driveway Access Permit Angel Barnes, 919.245.2628
2) Encroachment Agreement
3) Site Plan Illustration
PURPOSE: To:
1) Approve a Street and Driveway Access Permit Application for new driveway access off
Homestead for the Southern Campus Expansion site work; and
2) Approve a Three Party Right of Way Encroachment Agreement regarding a 10' wide
concrete multi-purpose pathway between the North Carolina Department of
Transportation (NCDOT), Orange County, and the Town of Chapel Hill; and
3) Authorize the Manager to sign the Encroachment Agreement contingent upon County
Attorney review of the Agreement.
BACKGROUND: Orange County is seeking permission from NCDOT to encroach on its Right
of Way ("ROW") in the general vicinity of Homestead Road between 1420 if and 2240 if west of
intersection of Homestead Road and US86 (MLK Jr. Blvd) heading towards Weaver Dairy Road
Extension. The improvements will be located along the south side of Homestead Road. The
improvements include installing a 10' concrete multi-purpose pathway in accordance with the
Special Use Permit approved by the Town of Chapel Hill. Orange County seeks permission from
NCDOT to access and permission to construct a driveway or street on public right-of-way for the
development of the Seymour Center Expansion.
FINANCIAL IMPACT: There is no additional funding as a result of this action. Construction of
this pathway is included in previous project appropriation by the Board of Orange County
Commissioners for the Southern Campus Expansion project.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
2
RECOMMENDATION(S): The Manager recommends that the Board
1) Approve a Street and Driveway Access Permit Application for new driveway access off
Homestead for the Southern Campus Expansion site work;
2) Approve a Three Party Right of Way Encroachment Agreement regarding a 10' wide
concrete multi-purpose pathway between the North Carolina Department of
Transportation (NCDOT), Orange County, and the Town of Chapel Hill; and
3) Authorize the Manager to sign the Encroachment Agreement contingent upon County
Attorney review of the Agreement.
Attachment 1 3
APPLICATION IDENTIFICATION N.C. DEPARTMENT OF TRANSPORTATION
Driveway �pplication ate of STREET AND DRIVEWAY ACCESS
Permit No.
County: Orange PERMIT APPLICATION
Development Name: Seymour Center Expansion
LOCATION OF PROPERTY:
Route/Road: SR 1777 (Homestead Road)
Exact Distance 1,420 ❑ Miles N S E W
® Feet ❑ ❑ ❑
From the Intersection of Route No. SR1777 and Route No. US86 (MLK Blvd) Toward SR1733
Property Will Be Used For: ❑ Residential/Subdivision ❑ Commercial ❑ Educational Facilities ❑ TND ❑ Emergency Services ® Other
Property: ® is ❑ is not within Town of Chapel Hill City Zoning Area.
AGREEMENT
• I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-
of-way at the above location.
• I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current"Policy on
Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of
Transportation.
• I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT.
• I agree that the driveway(s) or street(s)will be constructed as shown on the attached plans.
• I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or
speed change lanes as deemed necessary.
• I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s)
located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and
I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
• I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time
specified by the "Policy on Street and Driveway Access to North Carolina Highways".
• I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied.
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger
the public travel.
• I agree to provide during and following construction proper signs, signal lights, flaggers and other warning devices for
the protection of traffic in conformance with the current"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 District Engineer.
• I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims
for damage that may arise by reason of this construction.
• I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway system.
• The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point.
• I agree that the entire cost of constructing and maintaining an approved private street or driveway access connection
and conditions of this permit will be borne by the property owner, the applicant, and their grantees, successors, and
assignees.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS
COMPLETED.
2004-07 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65-04rev.
61-03419
4
SIGNATURES OF APPLICANT
PROPERTY OWNER(APPLICANT) WITNESS
COMPANY Orange County NAME
SIGNATURE SIGNATURE
ADDRESS P.O. Box 8181 ADDRESS
Hillsborough, NC 27278 Phone No. 919.245.2628
AUTHORIZED AGENT WITNESS
COMPANY Grounded Engineering NAME
SIGNATURE SIGNATURE
ADDRESS P.O. Box 37132 ADDRESS
Raleigh, NC 27627 Phone No. 919.438.3694
APPROVALS
APPLICATION RECEIVED BY DISTRICT ENGINEER
SIGNATURE DATE
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY(when required)
SIGNATURE TITLE DATE
APPLICATION APPROVED BY NCDOT
SIGNATURE TITLE DATE
INSPECTION BY NCDOT
SIGNATURE TITLE DATE
COMMENTS:
The proposed driveway is a temporary construction entrance to be used during the duration of the construction. It has been
located in the corridor for the existing right-of-way that has been dedicated for a future roadway extension.
Attachment 2
STATE OF NORTH CAROLINA
ROUTE SR1777 PROJECT Seymour Center Exp. COUNTY OF Orange
DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY
-AND- ENCROACHMENT AGREEMENT ON
Orange County PRIMARY AND SECONDARY SYSTEM
P.O. Box 8181, Hillsborough, NC 27278
-AND-
Town of Chapel Hill
405 MILK Jr. Blvd, Chapel Hill, NC 27514
THIS AGREEMENT, made and entered into this the day of 120 by and between the Department
of Transportation, party of the first part; and Orange County
party of the second part; and Town of Chapel Hill
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
Route(s) SR 1777 (Homestead Road) , located Between 1,420 If and 2,240 If west of intersection
Of SR1777 (Homestead Road) and US86 (MILK Jr. Blvd) heading towards (SR1733 (Weaver Dairy Rd Ext). The improvements
Will be located along the south side of SR1777
with the construction and/or erection of: A 10'wide concrete multi-purpose pathway
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 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 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 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.
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.
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 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 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.
FORM R/W 16.6
Rev. July 1, 1977
6
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. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-
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 contractor,with regard to the work performed by it during the contract, shall not discriminate on the
grounds 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, including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including 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 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 permit access to its books, records,accounts,other sources of information, and its
facilities as may be determined by the Department 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 exclusive
possession of another who fails or refuses to furnish this information,the contractor 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. Sanctions for Noncompliance: 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,
(1) 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 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 noncompliance: 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.
R/W (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
P.O. Box 8181, Hillsborough, NC 27278
Second Party
WITNESS:
Third Party
7
—__L_ �\ 1 AL�oN=,R��,�oN=HALL�oNTORMw�rH,DwNOFCHnPELH�LL
_ I sTANDARD,AND�PECecn,orvs.AL�coNSTR�cTON rvsDEOe,rE
-- REFER TO SHEET C3-20 FOR HoMESiEAO Bono PuBL c R cnr oP wnr SHAD coMPLV w TH rvcoor smith
ADDITIONAL INFORMATION 1 srnuoAROS ANOSPECe cA,ous.ALPROPOSED wnrER nuDSAU rnrev
❑ N SHALL COMPLY w rH OWASA-NDnRDS IND
----- -- —7_— --------� 1 sinnett
laeaTO SNeErcmrroR PRO,ECr ANO Sear RELArLn NOas. ARCHITECTURE
1
o
cxisnHC�D -e:Rod
l 1 l a �P. a®2<76 i' 0
o
I ND,nDNS�E�END R�L
1 D I 1 o gsN tea.,,boa o
EXISTING SEYMOUR CENTER i rrr tK„��. O
———————1— —— SEYMOUR CENTER
———— —— —————
———— —
S arm �6' A. ,.� U
I 1 I au STARGY
PARTNER
I
I I I 1
w
1 REFER TQSH-C3-TDFOR
1 LEGEND
ADDMONANFORMATON
L ? a N
ow z
L
- --- --------------------- x a .
�� reaoror�aa,�,>G4.aore � ujx
oPO eo aw aAE Z
w
CL
U
N
I = I I \ aeoeo�eo�a,.,ra,�EME z'L—u 0 rc
w >— m
O 0 w �
w w � E
0 0 w o
Lu
aQOao=�Roan��� a
I Oti a N
ORANGE COUNTY HUMAN I oiaccr�orvAZwaanz
SERVICES BUILDING
raoaatEO Pnirvrto
� eaovozeo sicN —
_ I � Ya000sEO.cF J �D DATE DEBDR�RT�DN
° L—W
I ,m"° o • O �OCation
U
Know wM1al'a IID�DW. T
I - Cdll before you dig, Z I IWI
O DRAWN BY: SAD
CHECKED
-- - L -
SAD
OVERA LL SITE
— ----� --- -- _----_ -- -- L AYOUT PLAN
NORTH
- -
w
K 2017127
GRAPHIC SCALE s C3-00