HomeMy WebLinkAbout2021-286-IT-NetPlanner Systems Inc-Permitting for North Campus fiber projectRevised 07/20
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: NetPlanner Systems Inc Party/Vendor Contact Person: Andrew Rakestraw Contact Phone:
(770) 833-7643 Party/Vendor Address: 1229 Perry Road, Suite 108 City Apex State: NC Zip: 27502 Department:
IT Amount: $0 Purpose: Permitting for North Campus fiber project Budget Code(s): 61370035-897086-30007
Vendor # 67077 (N/A if new vendor) Vendor is a BOCC consultant? Yes NoX Contract Type: (Check
one) New X Renewal Amendment Effective Date 18May2021 Approved by Board Yes NoX
Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affir matively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 933E5F8B-4731-4923-8DE7-DC615D76F231
5/19/2021
5/19/2021
5/19/2021
5/20/2021
5/21/2021
FORM R/W 16.1 (Rev. February 2021)
STATE OF NORTH CAROLINA
ROUTE PROJECT COUNTY OF
DEPARTMENT OF TRANSPORTATION
-AND-
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the day of 20 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 encroach on the right of way of the public road designated as
Route(s) , located
with the construction and/or erection of:
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 li mits 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 UTILITIES ACCOMMODATIONS MANUAL, 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 Utilities
Manager 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 s afe 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 st ructures
necessary due to the installation and existence of the facilities of t he 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 l ights,
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 m ay 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 a nd
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 satisfacti on of the
Division Engineer of the party of the first part. The party of the seco nd 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 wa ter
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 ordinan ces
and regulations of various counties, municipalities a nd 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 agr ees 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 b y 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 t he 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 sec ond 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 pa rt 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 herei n is not
begun within one (1) year from the date of authorization by the party o f 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 Regulati ons, 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 materi als
US 70 202126 - ORANGE COUNTY NETWORK ORANGE
ORANGE COUNTY GOVERNMENT
PO Box 8181 HILLSBOROUGH, NC 27278
18th May 21
ORANGE COUNTY GOVERNMENT
US 70 1,935 LF EAST OF WEST HILL AVENUE ALONG SOUTH SIDE OF US 70 HEADING EAST TO US 70
BUSINESS, CONTINUING EAST ALONG SOUTH SIDE OF US 70 BUS TO NORTH NASH STREET
AN UNDERGROUND FIBER ROUTE CONSISITING OF : 2 - 1.25' HDPE DUCTS, 1 - 144CT FIBER OPTIC CABLE, 1 - #10 LOCATE WIRE, AND
4 QUAZITE HANDHOLES TO BE INSTALLED USING HORIZONTAL DIRECTIONAL BORING (DIRECTIONAL BORE) FOR 3,900 LF.
ATTN: Bonnie Hammersley, County Manager, Orange County Government
DocuSign Envelope ID: 933E5F8B-4731-4923-8DE7-DC615D76F231
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, t hat, 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 i nterests 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.
R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161) 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
ATTEST OR WITNESS:
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the cor poration
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 State Utilities Manager. 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 sho uld 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 infor mation:
1.All roadways and ramps.
2.Right of way lines and where applicable, the control of access lines.
3.Location of the existing and/or proposed encroachment.
4.Length, size and type of encroachment.
5.Method of installation.
6.Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
7.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.)
8.Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to
nearest part of structure).
9.Method of attachment to drainage structures or bridges.
10.Manhole design.
11.On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12.Length, size and type of encasement where required.
13.On underground crossings, notation as to method of crossing - boring and jacking, open cut, etc.
14.Location of vents.
GENERAL REQUIREMENTS
1.Any attachment to a bridge or other drainage structure must be approved by the State Utilities Manager in Raleigh prior to
submission of encroachment agreement to the Division Engineer.
2.All crossings should be as near as possible normal to the centerline of the highway.
3.Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in the
National Electric Safety Code.
4.Encasements shall extend from ditch line to ditch line in cut sections and 5’ beyond toe of slopes in fill sections.
5.All vents should be extended to the right of way line or as otherwise required by the Department.
6.All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
7.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.
8.The Department’s Division Engineer should be given notice by the applicant prior to actual starting of installation included in this
agreement.
Bonnie Hammersley, County Manager
Orange County Government
DocuSign Envelope ID: 933E5F8B-4731-4923-8DE7-DC615D76F231