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Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth In Appendix B
<br />of the Regulations.
<br />a Solicitations for Subcontracts. including Procurements of Materials and Eeuipment: In all solicitations either by competitive
<br />bidding or negotiation made by the contractor for work to be pertormed under a subcontract, including procurements of
<br />materials or leases of equipment, each potenfial subcontractor or supplier shall be notified by the comrector of the
<br />contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
<br />or national origin.
<br />d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
<br />issued pursuant thereto, and shall permit access to its books, rewrds, accounts, other sources of information, and its
<br />faalities as may be determined by the Department of Transportation or the Federl Highway Administration to be pertinent to
<br />ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exGUSive
<br />possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of
<br />Transportation, or the Federal H[ghway Administration as appropriate, and shall set forth what efforts R has made to obtain
<br />the information.
<br />e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
<br />contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
<br />may determine to be appropriate, including, but not limited to,
<br />(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
<br />(2) cancellation, termination or suspension of the contract, in whole or in part
<br />f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a° through °f° in every subcontract,
<br />including procurements of materials and leases of equipment, unless exempt by the Regulatiens, or directives issued
<br />pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
<br />of Transportation or the Federal Highway Administration may direct as a means of enforcing such provis[ons including
<br />sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened wfth;
<br />litigation with a subcontractor or supplier as a result of such direction, 4he contractor may request the Department of
<br />Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
<br />the United States to enter into such litigation to protect the interests of the United States.
<br />RNV (161) :Party of the Secorid Part certifies that this agreement is true and accurate copy of the form
<br />RNV (161) incorporating al! revisions to date.
<br />IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
<br />year first above written,
<br />DEPARTMENT OF TRANSPORTATION
<br />BY:
<br />ATTEST QR WITN S:
<br />DIVISION ENGINEER
<br />Oran a Coun ,North arolina
<br />Chair to e B r of Co issioners
<br />Second rtY
<br />INSTRUCTIONS
<br />When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation
<br />secretary or by the empowered sty officiat, unless a waiver of corporate seal and attestation by the secretary or by the empowered City
<br />official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of
<br />the corporation ar municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly
<br />below their signature.
<br />When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this
<br />agreement and the names of all persons signing the agreement should be typed directly below their signature.
<br />This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information:
<br />1. All roadways and ramps.
<br />2. Right of way lines and where applicable, the control of access lines.
<br />3. Location of the existing and/or proposed encroachment.
<br />4. Length, size and type of encroachment.
<br />5. Method of installation.
<br />6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
<br />7. Location by highway survey station number. If station number cannot be obtained, location should be shown~by
<br />distance from some Identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the
<br />encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
<br />Raleigh office.)
<br />8. Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from
<br />encroachment to nearest part of structure).
<br />9. Method of attachment to drainage structures or bridges.
<br />10. Manhole design.
<br />11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
<br />12. Length, size and type of encasement where required. '
<br />13. On underground crossings, notation as to method of crossing -boring and jacking, open cut, etc.
<br />14. Location of vents.
<br />CyENERAL REQU{REMENTS
<br />Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh
<br />prior to submission of encroachment agreement to the Division Engineer.
<br />All crossings should be as near as possible normal to the ceMerl(ne of the highway.
<br />Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out to
<br />the National Electric Safety Code.
<br />Encasements shall extend from ditch line to ditch line in cut sections and 5' beyond toe of slopes in fill sections.
<br />All vents should be extended to the right of way line or as otherwise required by the Department.
<br />All pipe encasements as to material and strength shall meat the standards and specifications of the Departmem.
<br />Any speaal provisions or specifications as to the pertortnance of the work or the method of construction that may be
<br />required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
<br />such information cannot be shown on plans or drawings.
<br />The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation
<br />included in this agreement
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