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SR 1140&Proposed Morinaga America STATE OF NORTH CAROLINA
<br /> ROUTE Road Extension PROJECT Infrastructure Improv. COUNTY OF Orange
<br /> DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
<br /> -AND- PRIMARY AND SECONDARY HIGHWAYS
<br /> City of Mebane
<br /> 106 East Washington Street,Mebane,NC 27302
<br /> THIS AGREEMENT,made and entered into this rf}l day of 20 14 by and between the Department
<br /> the AX
<br /> ' of Transportation,party of the first part;and City of Mebane
<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) SR 1140&Proposed Road Extension ,located At intersection of SR 1140 and Connolly Trace
<br /> with the construction and/or erection of installation of 16"and 12"Ductile Iron water mains as shown on the attached plans
<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 conferred 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 lat&it'POLICIES D PROCEDURES FOR ACCOMMODATING UTILITIES ON ICy Y-R HT -0 NV Y and such
<br /> revisions and amendments thereto as may be in effect at the date of this agreement InferraboWalVT6 tltlrg-1", )ides and procedures
<br /> may be obtained from the Division Engineer or State Utility Agent of the party of the first`a'P>Ij .
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<br /> That the said party of the second part binds and obligates himself to install and maisiaii�the encroaching(2• `n such safe and
<br /> proper condition that it will not interfere with or endanger travel upon said highway'do' s`tfuct r'nt ith gproper maintenance
<br /> thereof,to reimburse the a of the first art for the cost incurred for an raps or maienan t its a s n�structures
<br /> necessary due to the installation and existence of the facilities of the party of the secoind:part, ata �e t rtY of the first part
<br /> shall require the removal of or changes in the location of the said facilities,that the said 0; of the second pai#, s himself,his
<br /> ' successors and assigns,to promptly remove or alter the said facilities,In order to confo6'1<b fhe said requirerrl€ti{without any cost to the
<br /> party of the first part �Yl� r1 y �
<br /> That the party of the second part agrees to provide during construction and any subsequenfmaintenart2 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 Highways 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 /> claims 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 precaution during
<br /> construction and maintenance to prevent eroding of soil;sitting 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 applicable rules and regulations
<br /> of the North Carolina Division of Environmental Management,North Carolina Sedimentation Control Commission,and with ordinances
<br /> and regulations of various counties,municipalities 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 notice 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'contractor),agrees as follows:
<br /> a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination In Federally-
<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 time 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,including 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)
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