|
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
<br />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 />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 furnish 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 “f” 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, t hat, 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 i nterests 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 (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
<br />R/W (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 TRANSPORTATION
<br />BY:
<br />DIVISION ENGINEER
<br />ATTEST OR WITNESS:
<br />Second Party
<br />INSTRUCTIONS
<br />When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the cor poration
<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 State Utilities Manager. 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 sho uld 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 infor mation:
<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 distance from
<br />some identifiable point, such as a bridge, road, intersection, etc. (To assist in preparation of the encroachment plan, the
<br />Department’s roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.)
<br />8.Drainage structures or bridges if affected by encroachment (show vertical and horizontal dimensions from encroachment to
<br />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 State Utilities Manager in Raleigh prior to
<br />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 the
<br />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 />6.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 required by
<br />the Department must be shown on a separate sheet attached to encroachment agreement provided that such information cannot
<br />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 included in this
<br />agreement.
<br /> Bonnie Hammersley, County Manager
<br />Orange County Government
<br />DocuSign Envelope ID: 933E5F8B-4731-4923-8DE7-DC615D76F231
|