|
is-~i- o~
<br />ROUTE Eubanks Road
<br />PROJECT Orange County Solid COUNTY OF
<br />Waste Operations
<br />Center Fiber
<br />DEPARTMENT OF TRANSPORTATION
<br />-AND-
<br />Orange County, North Carolina
<br />~/.n
<br />STATE OF NORTH CAROLINA
<br />Orange
<br />RIGHT OF WAY ENCROACHMENT AGREEMENT
<br />PRIMARY AND SECONDARY HIGHWAYS
<br />THIS AGREEMENT, made and entered into this the day of 20 by and between the Department
<br />of Transportation, party of the first part; and Orange County
<br />party of the second part,
<br />WITNESSETH
<br />THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
<br />Route(s) Eubanks Road ,located approximately 2,000 feet of the southern shoulder of
<br />Eubanks Road adjacent to the Orange County Landfill
<br />with the construction andlor erection of: direct burial of telecommunications fiber
<br />WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
<br />the first part in the exercise of authority confen'ed upon it by statute, is willing to permit the encroachment within the limits of the
<br />right of way as indicated, subject to the conditions of this agreement;
<br />NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
<br />and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
<br />made a part hereof upon the following conditions, to wit:
<br />That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of
<br />the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY and such
<br />revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures
<br />may be obtained from the Division Engineer or State Utility Agent of the party of the first part.
<br />That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
<br />proper condition that It will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
<br />thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to Its roadways and structures
<br />necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part
<br />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
<br />successors and assigns, to promptly remove or alter the said fadlities, in order to conform to the said requirement, without any cost to the
<br />party of the first part.
<br />That the pally of the second part agrees fo provide during construction and any subsequent maintenance proper signs, signal lights,
<br />flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
<br />for Streets and Hichwavs and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
<br />from the Division Engineer of the party of the first part.
<br />That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
<br />ctaims for damage that may arise by reason of the installation and maintenance of this encroachment.
<br />That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
<br />Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precautidn during
<br />construction end maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
<br />Impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with appl(ceble rules and regulations
<br />of the North Carolina Division of Environmental Management, North Carolina Sedlmentat(on Control Commission, and with ordinances
<br />and regulations of various counties, munidpaliUes and other official agencies relating to pollution prevention and control. When any
<br />installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
<br />remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
<br />first part.
<br />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
<br />Division Engineer of the party of the first part.
<br />That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
<br />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
<br />evidence of approval can be shown.
<br />Provided the work contained In this agreement is being performed on a completed highway open to traffic; the party of the second part
<br />agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
<br />Unless specifically requested by the party of the first part, written rioUce of completion of work on highway projects under construction will
<br />not be required.
<br />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
<br />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
<br />first part.
<br />That it Is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
<br />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
<br />second part from the party of the first part
<br />During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
<br />the "wntractor°), agrees as follows:
<br />a. Compliance with Regulations: The contractor shall comply v~ith the Regulations relative to nondiscrimination in Federelly-
<br />assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
<br />amended from Ume to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
<br />made a part of this contract.
<br />b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the
<br />grounds of race, color, or national origin in the selection and retention of subcontractors, inducting procurements of materials
<br />and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by
<br />FORM R/W 16.1 (Rev. July 1, 1977)
<br />
|