HomeMy WebLinkAbout2022-543-E-Planning-Christopher Sandt-Encroachment Agreement Application for installing OWASA sewer stub-out to serve 7731 Rogers RoadRevised 06/21
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Christopher Sandt Party/Vendor Contact Person: Christopher Sandt Contact Phone: 919-245-
2583 Party/Vendor Address: 131 W. Margaret Lane City Hillsborough State: NC Zip: 27278 Department: Planning
Amount: $0 Purpose: Need Bonnie’s original signature and Witness’ original signature on NCDOT 3-Party
Encroachment Agreement Application for installing OWASA sewer stub-out to serve 7731 Rogers Road Budget
Code(s): #61370035-880000-10054 (Construction) Vendor # N/A (N/A if new vendor) Vendor is a BOCC
consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date
ASAP Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by
Board in Current FY Budget Yes No
This agreement is approved as to technical form and content and I as Department Director affirmatively 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: 269B2631-52B5-4390-B0FC-CE96792761B9
10/14/2022
10/14/2022
10/14/2022
10/14/2022
FORM R/W 16.6
Rev. February 2021
STATE OF NORTH CAROLINA
ROUTE PROJECT COUNTY OF
DEPARTMENT OF TRANSPORTATION
-AND-
THREE PARTY RIGHT OF WAY
ENCROACHMENT AGREEMENT ON
PRIMARY AND SECONDARY SYSTEM
-AND-
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; and
party of the third 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 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 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 Utilit ies
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 installation and existence of the facilities of the party of the second part, and if a t 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 himsel f, his successors
and assigns, to promptly remove or alter the said facilities, in ord er 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 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 a nd
claims for damage that may arise by reason of the installation and maintenance of this encr oachment.
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 second part agrees to exercise every reaso nable 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 wi th 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 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 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 o f this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to st op 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 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 herei n 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.
SR 1729 (Rogers Road)Sewer Service at 7731 Rogers Rd Orange
Orange County
P.O. Box 8181, Hillsborough, NC 27278
Orange Water and Sewer Authority (OWASA)
400 Jones Ferry Road, Carrboro, NC 27510
October 22
Orange County
OWASA
SR 1729 (Rogers Road)at 7731 Rogers Road
a single 4-inch OWASA sewer service stub-out under Rogers Road to serve a single family
residential property located at 7731 Rogers Road (PIN 9870349879). The sewer service stub-out will be installed as per the guidance/maps included in the
attachments (i.e. Exhibit A, Exhibit B, and Exhibit C) via directional bore using an OWASA approved pipe material variance (i.e. FPVC or HDPE pipe).
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
During the performance o f this contract . the second party, for itself, its a ssignees and successors in interest (hereinafter referred to as
the "contractor"), agrees as follows :
a Comp li ance with Regulations : The contractor sha ll comply wi th the Reg ul ations re lat ive to nond iscrim in ation in Federa ll y-
assisted prog ram s of the U.S . Department o f Transporta ti on . Title 49 , Code of Fed era l Reg ul at io ns , Pa rt 2 1, as th ey may be
amended from time to time , (he re inafter referred t o as the Reg ul ations). which a re herein inco rporated by reference and
made a part of this con t ract.
b. Nond iscr imina tio n : Th e contracto r , wi th regard to the work performed by it during the con tract. shall not discriminate on the
groun ds of race . color. or national origin in the select ion and retention of subcontractors , including procuremen ts of materia ls
and lea ses of equi pm ent. The con tra cto r shall not participa te either directly or indirect ly in the d iscrimination prohibited by
Section 2 1.5 of the Regulations , including employme nt prac tices when the con trac t covers a prog ram set forth in Appendix B
of t he Regu la tio ns.
c. Sol ici tations for Subcontrac ts. incl uding Procurements of Materials and Eq uipment : In all solicitations eit her by compet it ive
bidding or negot iation made by the con tr ac tor for work t o be performed un der a subco ntract , incl udi ng pro curements of
mate ri als or leases of equipment . each potenti a l subcontractor or supplie r shall be not ified by the contractor of the
contractor's obligations unde r this contract and the Regulations relative to nondiscr imin at io n on th e grounds of race , co lo r , or
national o ri gin .
d. Informati on and Repo rt s: T he contractor shall provide all information and reports req u ired by the Reg ulat ions , or directives
issued pursuant thereto . and sha ll perm it access to its book s. records, acco unts, other sources o f info rmatio n, and its
facilities as may be determined by the Department of Transportat ion or the Federal Highwa y Admini strat ion to be pert ine nt
to ascerta in compliance with suc h Regul ations or direc t ives. Where any informa t ion required of a co nt ractor is in the
exclus ive po ssession of a no ther who fai ls or refuses to furn ish t his information . th e con trac tor sha ll so cert ify to the
De par tment of Tra nsporta t ion . or the Fed era l H ighway Administrat ion as appropriate , and shall se t fo rt h what effor ts it has
made to obtain the information .
e. Sanctions for Noncomplia nce : In the eve nt of the contractor's noncompliance with the nondiscrimination provis ions of this
contract , the Depa rtm e nt of Transportation sha ll impose such contract sanctions as it or the Federal Hi ghway Adm inistratio n
may determ ine to be appropriate , includ ing , but not li mited to .
(1) withhold ing of payments to th e contractor under the contract unt il the co nt rac tor complies , a nd /or
(2) cance lla tion, term ination or suspension of the contract . in whole or in pa rt .
f. In corpora tion of Provisions: The contractor shall include the provisio ns of paragraphs "a" thr oug h "f in every subcontract ,
incl udi ng procurem ents of ma teria ls and leases of equipment. unless exempt by the Regulations . or d irectives issued
pursuan t the reto . The contracto r sha ll take su ch action w ith respec t to any sub contract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sa nct ions for noncomplian ce: Prov ided, however, t hat , in the event a co nt rac tor becomes involved in, or is threate ned wi th .
liti ga tion with a sub co nt ractor o r supplier as a resu lt of such direction, the con t rac tor may request the Departme nt of
Transportation to en te r into suc h l itig ation to protect the in teres ts of the State , and , in ad dition , the con tractor may req u est
the Un ited States to enter into such litiga tion to protect the interests of the United States .
That when title to the subject that constitutes the afo resaid 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 th is agreement has caused the same to be executed the day and
year first above written .
WITNESS :
Andrea Orb ich
Executive Assistant , OWASA
DEPARTMENT OF TRANSPORTATION
BY :
DIVISION ENGINEER
Bonnie B. Hammersley
County Manager, Orange County
Second Party
-::@[j L
Executive Director, OWASA
Th ird Party
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
Melissa Allison
Business Officer
Exhibit A
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
From:Christopher Sandt
To:Christopher Sandt
Subject:FW: Re: 7731 Rogers Rd sewer connection
Date:Wednesday, March 9, 2022 3:30:07 PM
From: Vishnu Gangadharan <vgangadharan@owasa.org>
Sent: Monday, January 31, 2022 4:54 PM
To: Mary Darr <mdarr@owasa.org>; Christopher Sandt <csandt@orangecountync.gov>
Cc: Jesse DuClau <jduclau@owasa.org>; Allison Spinelli <aspinelli@owasa.org>; Craig Benedict
<cbenedict@orangecountync.gov>; Patrick R. Mallett <pmallett@orangecountync.gov>; Nicholas
Rogers <nrogers@owasa.org>
Subject: [EXTERNAL MAIL!] RE: Re: 7731 Rogers Rd sewer connection
Hi Chris, appreciate you reaching out. OWASA takes no exceptions for you to proceed under that
same pipe material variance for this current situation; care should be taken with the installation to
ensure proper slopes are maintained.
Thanks,
Vishnu
Vishnu Gangadharan, PE
Director of Engineering and Planning
Orange Water and Sewer Authority
919-537-4248 (office)
919-636-2186 (cell)
From: Mary Darr <mdarr@owasa.org>
Sent: Monday, January 31, 2022 3:01 PM
To: Christopher Sandt <csandt@orangecountync.gov>; Vishnu Gangadharan
<vgangadharan@owasa.org>
Cc: Jesse DuClau <jduclau@owasa.org>; Allison Spinelli <aspinelli@owasa.org>; Craig Benedict
<cbenedict@orangecountync.gov>; pmallett@orangecountync.gov; Nicholas Rogers
<nrogers@owasa.org>
Subject: FW: Re: 7731 Rogers Rd sewer connection
Importance: High
Hi Chris,
We’re hanging in there. I hope all is well with County folks too. I have copied Vishnu. This request
falls under his direction now.
Thank you,
Mary
review and may be disclosed to third parties.
Exhibit B - OWASA Variance Correspondence
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
Administration
(91s) 245-2575
(e{e} 64/,-3002 (FAX)
www.ora n gecou ntyn c. gov
FROM:
DATE:
SUBJECT:
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
' '-\'-tr--i^.
ORANGE COUNTY
NORTH CAROLINA
131 W. Margaret Lane
Suite 201
P. O. Box 8181
Hillsborough, NC 27278
MEMORANDUM
TO: Randy Horton, OWASA Water Dist. and Wastewater Collection Systems Manager
CC: Bonnie Hammersley, Orange County
Travis Myren, Orange County
Todd Taylor, OWASA
Allison Reinert, OWASA
Krista Paredes-Toledo, AECOM
Jesse Duclau, Moffat Pipe, lnc.
Craig N. Benedict, Orange County Planning & lnspections Director
October 26,2018
Historic Rogers Road Sewer Expansion Project - Variance Request
Service Lateral Pipe Materials
Sewer
The Historic Rogers Road Sewer Project is a joint local government-approved and government-
funded initiative that includes over 18,000 linear foot of gravity sewer. The project is owned by
Orange County and managed by the Historic Rogers Road Work Group (HRRWG), which consists of
representatives from Orange County, Town of Carrboro, Town of Chapel Hill, and OWASA.
Orange County would like to request from OWASA a variance in the allowed pipe material for eleven
(11) sewer service laterals crossing Rogers Road and Purefoy Road (see attached map for locations).
Orange County would like to use a flexible pipe material such as Fusible PVC (FPVC) or HDPE for
these 11 crossings. All other sewer service laterals will use the standard ductile iron pipe. The
primary reason for the variance request is the inability to install 4-inch ductile iron pipe laterals within
the very limited right-of-way and easement widths available along these roads. Nominal4-inch ductile
iron pipe has an outside diameter (O.D) of 4.8 inches and a bell O.D. of 6.4 inches. This would
require an 8 inch auger, thus resulting in an overbore of 3.2 inches (i.e. 8 inches minus 3.2 inches).
NCDOT has formally notified the HRRWG that NCDOT would allow an overbore of up to 2.5 inches,
however, anything exceeding 2.5 inches will require a detailed engineering evaluation to determine if
the soils in the vicinity of the bores will remain stable and to certify that there will be no subsidence of
the road. The presence of rock also concerns the HRRWG, as an auger would be needed to install
the DIP service laterals - thus furthering the need to request the variance for a flexible pipe material.
The consulting engineer for this project, AECOM (formerly URS Corporation), has reviewed the
proposed scenario and recommends the use of an alternative pipe material. The use of a flexible pipe
materialsuch as FPVC or HDPE would facilitate a smaller installation footprint and avoid the potential
for significant project impacts associated with additional engineering evaluations and/or the need for
open cut construction. Moffat Pipe, lnc. (Moffat) proposes to install these 11 laterals through impact
moling, which would minimize the pits required on either side of the road and reduce the potential for
road subsidence. Tracer wire would be installed along the laterals to accommodate perpetual locating
efforts. Moffat would like to begin installing these laterals as soon as possible. The HRRWG would
greatly appreciate your consideration and written feedback on the matter at your earliest convenience.
We look forward to working with you on this aspect of the project.
Enclosure
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
P
R
I
S
C
I
L
L
A
L
A
N
E
P
R
I
S
C
I
L
L
A
L
A
N
E
URS Corporation - North Carolina1600 Perimeter Park Dr., Suite 400Morrisville, North Carolina 27560Telephone (919) 461-1100, FAX (919) 461-1415www.aecom.comNCBELS LIC. NO. C-2243MATCH
LI
N
E -
S
E
E
S
H
E
E
T
CU-10
7 MATCHLINE - SEE SHEETCU-10960' PUBLIC ROW
SEE CU-104 FOR OUTFALL A
PLAN/PROFILE
SEE CU-104 FOR OUTFALL A
PLAN/PROFILE
SEE CU-110R FOR OUTFALL D
PLAN/PROFILE
ROGERS ROAD (SR-1729)
WITHIN TOWN OF CARRBORO
WITHIN TOWN OFCARRBOROWITHIN TOWNOF CHAPEL HILLSEE CU-112 FOR OUTFALL EPLAN/PROFILERECORD DRAWING 6/24/2019Exhibit C (Page 1 of 2)
7731 ROGERS RD
EXISTING HOUSE
TO BE SERVED
INSTALL OWASA STANDARD SEWER TAP AND STUB-OUT
(SEE PIPE MATERIAL VARIANCE) AT OR NEAR THIS
LOCATION. FINAL LOCATION OF STUB-OUT MUST BE A
MINIMUM OF 25-FT AWAY FROM THE WESTERN PROPERTY
LINE. FINAL LOCATION OF STUB-OUT TO BE DETERMINED
BY THE CONTRACTOR BASED ON GUIDANCE FROM THE
PROPERTY OWNER
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9
URS Corporation - North Carolina1600 Perimeter Park Dr., Suite 400Morrisville, North Carolina 27560Telephone (919) 461-1100, FAX (919) 461-1415www.aecom.comNCBELS LIC. NO. C-2243MATCHLINE - SEE SHEETCU-108RSEE CU-115R FOR OUTFALL I
PLAN/PROFILE
SEE CU-114R
FOR OUTFALL H
PLAN/PROFILE
60' PUBL
I
C
R
O
W
ROGERS
R
O
A
D
(
S
R
-
1
7
2
9
)WITH
IN
TOWN
OFCARRBOROWITH
IN
TOWNOF CHAPEL
H
ILL
RECORD DRAWING 6/24/2019Exhibit C (Page 2 of 2)
7731 ROGERS RD
EXISTING HOUSE
TO BE SERVED
DocuSign Envelope ID: 269B2631-52B5-4390-B0FC-CE96792761B9