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Section21.5oftheRegulations,including employment practices when the contract covers a program set rorm in Appanaor n -
<br /> of the Regulations.
<br /> c. Solicitations for Subcontracts including Procurements of Materials and Equipment In all solicitations either by competitive '
<br /> bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of
<br /> materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the
<br /> contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or
<br /> 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,records,accounts,other sources of information,and its
<br /> facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent
<br /> to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the
<br /> exclusive possession of another who fails or refuses to fumish this information,the contractor shall so certify to the
<br /> Department of Transportation,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has ,
<br /> made to obtain 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'P in every subcontract,
<br /> including procurements of materials and leases of equipment,unless exempt by the Regulations,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 provisions including
<br /> sanctions for noncompliance: Provided,however,that,in the event a contractor becomes involved in,or is threatened with,
<br /> litigation with a subcontractor or supplier as a result of such direction,the 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 /> R/W(16 1):Party of the Second Part certifies that this agreement is true and accurate copy of the form
<br /> RAN(161)incorporating all 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 NSPORTATION
<br /> BY:
<br /> iurnpr�aii� ' DI ISION GINEER '
<br /> ATTESTOR WITNESS"'
<br /> David Cheek,City Manager
<br /> Second Party
<br /> rr 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 city official,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 or 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 /> S. 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 /> GENERAL REQUIREMENTS
<br /> 1. 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 /> 2. All crossings should be as near as possible normal to the centerline of the highway.
<br /> 3. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in
<br /> the National Electric Safety Code.
<br /> 4. Encasements shall extend from ditch line to ditch line in cut sections and 5'beyond toe of slopes in fill sections. '
<br /> 5. All vents should be extended to the right of way line or as otherwise required by the Department.
<br /> S. All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
<br /> 7. Any special provisions or specifications as to the performance 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 /> 8. 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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