HomeMy WebLinkAboutAgenda - 10-21-2008 - 4mORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 2008
Action Agenda
Item No. ~-- M
SUBJECT: Encroachment Agreement for Fiber Communications Construction Associated
with Animal Services Facility
DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No
Services
ATTACHMENT(S):
Encroachment Agreement
Area Aerial Placement Depiction
(Under Separate Cover)
INFORMATION CONTACT:
Pam Jones, 919-245-2652
PURPOSE: To consider approving a Two Party Right of Way Encroachment Agreement
between the North Carolina Department of Transportation (NCDOT) and Orange County that
allows the installation of the fiber telecommunications facilities to the Orange County Animal
Services Facilities on Eubanks Road.
BACKGROUND: The County is seeking permission from NCDOT to encroach on its right of
way along the southern edge of Eubanks Road between the new Orange County Solid Waste
Operations Facility and the new Orange County Animal Services Facility (note attached aerial
photograph) in order to install a new fiber telecommunications line to service the Animal
Services Facility. The construction of the line within the existing right of way will not require
additional vegetation or tree removal.
A bid award recommendation will be presented to the Board on November 6, 2008 for the actual
installation of the fiber line.
FINANCIAL IMPACT: There is no financial impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve the Two Party
Right of Way Encroachment Agreement between NCDOT and Orange County as presented;
and authorize the Chair to sign on behalf of the Board.
o1d~136" Cow-l.srY STATE OF NORTH CAROLINA O
ROUTE ~`~"'KS ~orE~ PROJECT S~•D w,(l~aPS COUNTY OF ~[,~
DEPARTMENT OF TRANSPORTATION
-AND-
ot~~~ c~,.~,,-~ ~rN cfk~C-~-~k
RIGHT OF WAY ENCROACHMENT AGREEMENT
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the day of , 19 , by and between the Department of
Transportation, party of the fast part; and party of the second part, .
W{TNESSETH
THAT WHERAS, the party of the second part desires to encroach on the right of way of the publiCroad designated as
~~~cated with the construction and/or erection of: Di~~ .4~.~-~ ~ ~a-a--~~.i-r•..~s ,:,~
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 confen~ed upon ft by statute, is willing to permit the encroachment with in the Ilmit of the
right of way as indicated, subject to the ~nditions of this agreement;
NOW, THEREFORE, R IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privAege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
made a part hereof upon the following conditlons, to wit:
That the insulation, operatbn, and maintenance of the above described fadltly will be accomplished in accordance with the party of
the first parts latest POLICIES AND PROCEOt-rzFC FnR ACCOMMODATING ~ mi mr= ON F1IGFMIAY RI HTS-0F WAY and such
revisions and amendment thereto es may be in effect at the date of this agreement. Irrfortnatlon as to these poildes 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 secorxi part funds and obOgates himself to install and maintain the en~ctring fadiily to such safe and
proper condition that ff wiU not Interfere with or endanger travel upon said highway, nor obstruct rrw interfere wldr 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 instatlation and existence of the fadfitles of the party of the second part, and ff at any time the party of the first part
sha0. require the removal of or changes in the location of the said fadlities, that the saki party of the second part binds himself, ht
successors and assigns, to promptly rerave or after the said fadiities, in order to conform id 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 arty subsequent maintenance proper signs. signal tights,
flagmen and other warning devices for tf>e protecflon of traffic in corrforrnance with the latest Manual an Uniform T -~+~++••il Devices
and Amendment or Supplements thereto. lydornation 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 Ute 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 erxroachment.
That the party of the second part agrees to restore all areas dtturbed during installation and malrrtenance 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 sdl; silting or poluton aF rivers, streams, lakes, reservoirs, otirer water
Impoundments, ground surfaces or other property , or pollution of the air. There shall be compnance wrth applk~ble rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordnances
and regulstiorrs of various counties, munidpalities and other official agendas relating to pollution prevention and contrd. When any
insulation or malnterrance operation dtgtrabs the round surface and exiting ground cover, the party of fire second part agrees to remove
and replace the sod or otherwte reestablish the grass coves tp meet the satisfaction of the Division Errgirreer of the party of the ftrst part.
That the party of the second part agrees to assume the actual cost of any inspection aF 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 cpnstnrctlon alts, at all times during constructlon, a copy of this
agreement showirx~ evidence of approval by the party of the first part The party of the first part reserves the right 1o stop all wait unless
evidence of approve can be shown.
Provided the work corrtatned in this agreement t being performed on a competed highway open tp traffic; the party of the second part
agrees tp give written notice to the Division Engineer of the party of the first part when all work rxxrtalned herdn has been completed.
Unless spedfically requested by the party of the first part, Hrtitten notice cr completion of work on highway projects under construction will
riot be required.
That in the case of noncompliance with the tears of this agreement by the party of the setxxrd part, the Party of the first part reserves
>7 ~r~tA stop all work urrtr7 the fadlity has been brought into compiance or removed from the right of way at no cost to the party of the
That h t agreed by both parties that this agreement shall trecorrre void ff actual construction of the work contemplated herein t not
begun within are (1) year from the date of authorization by the party of the first part unless written waiver t secured by the party of the
second pmt from the party of the first part.
During the p~fornance of this contract, the second Orly, for itsctf, it assignees and successors In interest (hereinafter referred to as
the'corrtrador), agrees as fellows:
a. Compliance with Reputations: The contractor shall comply with the Regulations relative to rwndtscriminatkrn in Federally-
assisted programs of the U. S. Department of Transportation, Title 4g, Code of Federal Regulations, Part 21, as they maybe
amended from time to time, (hereinafter referred to as the Regulations), which are herein irrcorporatd by reference and
made a part of tht contract.
b. Nondiscrimination; The contractor, with regard to the work performed try it during the oorrtract, shall not discriminate on the
grounds of race, color, or national origin in the selection and retentlan of subcontractors, including procurements of materials
and leases of equipment. The contractor shall Trot participate either directly or Indirectly in fire d~crimination prohibited by
Section 21.5 of the Regulations, hduding empoyment practices when the contract covers a progrem set forth in Appendix B
oFthe Regulations. .
F ~otidtatipns for Sutx~ntrects. indudinp Procurements of Materiat and Eaufomenk In all solldtatlons either by competitive
bidding or rragotiation made by the contractor for work to be performed under a subcontract, including procurement of
materlps or leases of equipment, eadt pctential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations reiathre to rwrrdisr7lmination on the grourWs of race, color,
or national origin.
FORM RNV 16.1 (Rev. July 1, 1977)
d. kffomiatlon 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 spumes of Information, and its
fadlities as maybe determined by the Deparment of Transportation or the Federal Highway Administration fn 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 famish this information, the contractor shall so certify to the Department of
Transportation, orthe Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
the irdomiation.
e. Sanctions for NoncompUance: In the event of the contractor's rmncomp[iance with the nondiscrimination provisions of this
contract, the Departmrsit of Transportatlon shall impose such contract sanctions as it or the Federal Highway Administration
may detemdne to be appropriate, including, but not limited to,
(i) withholding of paymerrts to the contractor under the contract untll the contractor complies, andfor
(2) rancellatlon, termination or suspension of the contract, In whole or in part
d. Incorooration of Provisions: The contractor shall include the provisions of paragraphs 'a" through Y in every subcontract,
including procrpements of materials and teases of equipment. unless exempt by the Regulations. or directives issued
pursuant thereto. The contractor shall take such action w[th respect to any subcontract or procurement 83 the Deparbent
of Transportation or the Federal Highway Administration may direct as a nuns of errtordng such provisions including
sanctions for noncompUance: Provided, however. that, th the event a contractor becomes irnolved in, or is thr~tened with,
litigation with a subcontractor or supplier as a result of such direr~lon, the contractor may request the Department of
Trensportation to erter into such litigation to protect the Interests of the State, and, in addition, the contractor may request
the United States to enter lnm such Ittigatlon to protect the irterests of the Untted States.
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:
,~i~zi~if'T~~/ ?rte ~-T o~ ~ Second Party
5~~~ mew+a~4~A+~-INSTRUCTIONs
When the applicant is a corporation or a munidpality, this agreement must have the corporate seal and be attested by the corporation
secretary or by the empowered dry oficial, unless a waNer of corporate seal and attestatlon by the secxefary or by the empowered City
official Is on file in the Raleigh oRice of the Manager of Right of Way. In the space Provided in this agreement for executlon, the name of
the corporetion or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly
belowtheir 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 rmiries of all persons signing the agreemert should be typed direly blow their signature.
This agreement must be accompanied, In the form of an attachment, by Plans or drawings showing the fdbuWng applicable information:
1. All roadways and ramps.
2. Right of way tines and where applicable, the control of access lines.
3. Location of the e>asting aridlor proposed encroachment
4. Length, s'as and type of encroachment.
5. Method of installation.
6. Dimensions showing the distance from the encroachmerrt to edge of pavement, shoulders, etc.
7. Location by highway survey station number. If station number cannot be otrtained, location should be shown by
distance from some iderrtifiable point, such as a bridge, road, Intersection, etc. {To assist In preparation of the
encroachment plan, the Departrnent's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office.)
8. Drainage structures or bridges ff affected by erxxoachment (show vertical and horizontal dimensions from
encxoachment to ne~'est part of structure).
9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utiiiti~, the depth Ot bury under all traveled lanes, shoulders, ddches, sidewalks, etc.
12. Length, size and type of encasement where iegtrired.
13. On underground crossings, notation as to method of crossing -boring and jaddng, open cut, etc.
14. Location of vents.
Any attachment to a bridge or other drainage structure mra:t be approved by the Head of Structure Design in Raleigh
prior to submission of eruxoachment agreement to the DMsion Fligineer.
All crossings should be as near as possible normal to the centerline of the highway.
Minimum vertical dearerices of overhead wires and cables above all roadways must c~ttforrri to clearances set out 1n
the National ~raxrlc Safety Code.
Encaserrienb shell extend from ditdi line to ditch 11ne in cut sections and S beyond toe of slopes in flU sections.
All venffi should be extended To the right of way tine or as otherwise required by the Departrrient.
Atl pipe ericasertr~s as to material and strength shall meet the standards and spedflcatlats of the Deparment.
Any spedal provisons or spedflcetions as m the performance of the work or the method of oortstiuctiori that maybe
required by the Department must be stxrvm on a separate sheet attached to enanachmert agreement provided that
such infommaton cannot be shown on plans or drawings.
The Departmerri's Division Engineer should be given notice by the applicant prior to aqua[ starting of installation
included in this agreement
Rl4V (161) : Perry of the Second Part certifies ttrat this agreement is true and acaaate copy of the form
RNV (161) incorporating all revisions to date.
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