FORM R/W 16.1 (Rev. February 2021)
<br />STATE OF NORTH CAROLINA
<br />ROUTE PROJECT COUNTY OF
<br />DEPARTMENT OF TRANSPORTATION
<br />-AND-
<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
<br />party of the second part,
<br />W I T N E S S E T H
<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) , located
<br />with the construction and/or erection of:
<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 li mits 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 UTILITIES ACCOMMODATIONS MANUAL, and such revisions and amendments thereto as may be in effect at the
<br />date of this agreement. Information as to these policies and procedures may be obtained from the Division Engineer or State Utilities
<br />Manager 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 s afe 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 st ructures
<br />necessary due to the installation and existence of the facilities of t he 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 facilities, in order to conform to the said requirement, without any cost to the
<br />party of the first part.
<br />That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal l ights,
<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 m ay 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 a nd
<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 satisfacti on of the
<br />Division Engineer of the party of the first part. The party of the seco nd part agrees to exercise every reasonable precaution during
<br />construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other wa ter
<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 ordinan ces
<br />and regulations of various counties, municipalities a nd 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 agr ees 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 b y 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 t he 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 sec ond 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 pa rt 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 herei n is not
<br />begun within one (1) year from the date of authorization by the party o f 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 Regulati ons, 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 materi als
<br />US 70 202126 - ORANGE COUNTY NETWORK ORANGE
<br />ORANGE COUNTY GOVERNMENT
<br />PO Box 8181 HILLSBOROUGH, NC 27278
<br />18th May 21
<br />ORANGE COUNTY GOVERNMENT
<br />US 70 1,935 LF EAST OF WEST HILL AVENUE ALONG SOUTH SIDE OF US 70 HEADING EAST TO US 70
<br />BUSINESS, CONTINUING EAST ALONG SOUTH SIDE OF US 70 BUS TO NORTH NASH STREET
<br />AN UNDERGROUND FIBER ROUTE CONSISITING OF : 2 - 1.25' HDPE DUCTS, 1 - 144CT FIBER OPTIC CABLE, 1 - #10 LOCATE WIRE, AND
<br />4 QUAZITE HANDHOLES TO BE INSTALLED USING HORIZONTAL DIRECTIONAL BORING (DIRECTIONAL BORE) FOR 3,900 LF.
<br />ATTN: Bonnie Hammersley, County Manager, Orange County Government
<br />DocuSign Envelope ID: 933E5F8B-4731-4923-8DE7-DC615D76F231
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