Loading...
HomeMy WebLinkAboutAgenda - 03-10-20; 8-j - Agreements for Right-of-Way Encroachments on Primary and Secondary Highways – Bus Shelters 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 10, 2020 Action Agenda Item No. 8-j SUBJECT: Agreements for Right-of-Way Encroachments on Primary and Secondary Highways — Bus Shelters DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Map of Shelter Locations Tom Altieri, 919-245-2579 2. Encroachment Agreement among NCDOT, Steven Arndt, 919-245-2658 Orange County and Town of Hillsborough for Craig Benedict, 919-245-2592 Three Shelters Theo Letman, 919-245-2007 3. Encroachment Agreement among NCDOT, Orange County and Town of Chapel Hill for One Shelter PURPOSE: To approve Right-of-Way Encroachment Agreements for Non-Utility Encroachments on Primary and Secondary Highways authorizing Orange County, on behalf of Orange County Public Transportation, to enter into agreements with the North Carolina Department of Transportation (NCDOT) for the installation of four (4) bus shelters at existing bus stops. Three bus stops are in Hillsborough and one bus stop is in Chapel Hill. BACKGROUND: In 2012, the Board of Commissioners along with the Durham-Chapel Hill Carrboro Metropolitan Planning Organization and GoTriangle adopted Orange County's first comprehensive Transit Plan. This Plan was funded using a newly adopted Article 43 Half-Cent Sales Tax, and it included investments in new and expanded bus service, bus stop improvements, new capital infrastructure projects such as the Chapel Hill North-South Bus Rapid Transit Project and the Hillsborough Train Station. In November 2019, the Board of Commissioners approved a planning framework to update the Transit Plan. While the updated Plan will outline transit investment priorities through 2040, there are several existing bus capital projects, such as bus shelters, that were included in the original plan and are committed projects that continue to proceed. Orange County Public Transportation (OCPT) bus stop sites that have been targeted for bus shelters include (map provided at Attachment 1): 1. Faucette Mill Road at Cornelius Street (US 70); 2. North Churton Street (NC-86) at Hillsborough Police Station; 3. New NC 86 South Bound at Home Depot; and 4. Martin Luther King, Jr. Boulevard at Homestead Road (Chapel Hill) These stops service more than one OCPT route including the Hillsborough Circulator and Orange-Chapel Hill Connector as well as GoTriangle and Chapel-Hill Transit routes. 2 An Encroachment Agreement is necessary for any encroachment into NCDOT right-of-way. Since the four proposed shelters are located within the incorporated areas of the towns, the Encroachments Agreements that have been recommended are of a three-party nature. NCDOT owns the right-of-way, Orange County is the project sponsor, and the towns are each a party, as each will take the ownership and maintenance of the shelters following construction. Attachment 2 includes the Encroachment Agreement between NCDOT, Orange County and the Town of Hillsborough for three shelters. The Eclipse-Arch model transit shelter to be used at the three sites is made in the USA by Brasco International, is 5' x 10', black in color, and is equipped with solar lighting and USB connector. This shelter is on the NCDOT approved list for shelters in its right-of-way, has been recommended by Town staff, approved by the Historic District Commission, presented to the Town Board of Commissioners, and matches the shelter that is planned and currently under construction at the River Park entranceway on Churton Street. Based on a previous BOCC requested, staff has and will continue to work with the manufacturer and request that the benches used in the shelters not include "anti-vagrant" rest dividers. While not an exact match of specifications, pictures of this model can be viewed via the following link: https://www.brasco.com/products/bus-stop-shelters/eclipse/sloped/ Attachment 3 includes the Encroachment Agreement between NCDOT, Orange County and the Town of Chapel Hill for one shelter. The Slim-Line model transit shelter to be used at this site is made in the USA by Brasco International, is 5' x 10', black in color, and is equipped with solar lighting and USB connector. The bench will not include "anti-vagrant" rest dividers. This shelter is also on the NCDOT approved list for shelters in its Right-of-Way, has been recommended by Town staff, and matches other shelters that currently exist in Chapel Hill. While not an exact match of specifications, pictures of this model can be viewed via the following link: https://www.brasco.com/products/bus-stop-shelters/slimline/dome/ Next Steps: Each town will be asked to take action on their respective agreements prior to final NC Board of Transportation (BOT) approval. Orange County Planning staff is in coordination with the respective town staffs. The Hillsborough Board of Commissioners will consider the Agreement on its consent agenda on March 9, 2020, and Town of Chapel Hill staff is conferring with the Town Attorney to determine if Council action is required on the Agreement or if the Town Manager has the authority to sign. Orange County Asset Management Services (AMS) will manage the construction of the shelters in coordination with a staff team consisting of representatives from the County's Planning and Inspections Department and representation from the respective towns. As mentioned previously, the towns will take ownership and maintain the shelters following construction. FINANCIAL IMPACT: There is no direct financial impact to the County associated with this item. Funding has already been secured for this project through the half-cent public transit sales tax and reflected in the FY 20 Transit Work Plan. Small bus capital projects, such as bus stop improvements, are handled on a reimbursement basis. As a result, the funding and off- setting revenues are also reflected in Orange County's FY 20 budget. 3 SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are associated with 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. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • CLEAN OR AVOIDED TRANSPORTATION Implement programs that monitor and improve local and regional air quality by: 1) promoting public transportation options, 2) decreasing dependence on single-occupancy vehicles, and 3) otherwise minimizing the need for travel. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the attached Encroachment Agreements for bus shelter installation at existing bus stops. Attachment 1 4 Map of Locations for Bus Shelters in Hillsborough and Chapel Hill r 70 • °� U �Hillsboroug 0 --�, 7 0 t r 86 j r fr r r r r r � I r Chapel Hill 5, Carrbvro 15 r 501 r Locations: 1. Faucette Mill Rd. at Cornelius Street (US 70); 2. North Churton Street (NC-86) at Hillsborough Police Station; 3. New NC 86 South Bound at Home Depot; and 4. MLK Boulevard at Homestead (Chapel Hill). Attachment 2 5 STATE OF NORTH CAROLINA ROUTE SR 1328/US 70 BYP PROJECT Orange County Bus COUNTY OF Orange New INC 86 Stop Improvements— Churton St/NC 86 Bus Shelters 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 day of 120 20 , 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 WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route(s) SR1328/US 70 BYP; New NC 86; and Churton located St/NC 86 at Faucette Mill Rd at US 70 BYP (westbound); at Home Depot at New NC 86 (southbound); and at Hillsborough Police Station at Churton St/NC 86 (southbound) with the construction and/or erection of: concrete pads, bus shelters, and associated improvements. 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. FORM R/W 16.6 Rev. July 1, 1977 6 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. 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'T'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 ORANGE COUNTY Donna Baker—Clerk to the BOCC Penny Rich - Chair Second Party WITNESS: TOWN OF HILLSBOROUGH TOWN OF HILLSBOROUGH Third Party Attachment 3 7 STATE OF NORTH CAROLINA ROUTE New NC 86 PROJECT Orange County Bus COUNTY OF Orange (Martin Luther King Stop Improvement— Jr. Blvd.) Bus Shelter DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON Orange County PRIMARY AND SECONDARY SYSTEM -AND- Town of Chapel Hill THIS AGREEMENT, made and entered into this the day of 120 20 , 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) New INC 86 (Martin Luther King Jr. Blvd.) , located At northeast quadrant of New NC 86 (Martin Luther King Jr. Blvd.)and Homestead Road (SR 1777) intersection. with the construction and/or erection of: A concrete pad for a bus shelter and associated improvements. 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 FORM R/W 16.6 Rev. July 1, 1977 8 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 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'T'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 ORANGE COUNTY Donna Baker— Clerk to the BOCC Penny Rich - Chair Second Party WITNESS: TOWN OF CHAPEL HILL TOWN OF CHAPEL HILL Third Party