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o1d~136" Cow-l.srY STATE OF NORTH CAROLINA O
<br />ROUTE ~`~"'KS ~orE~ PROJECT S~•D w,(l~aPS COUNTY OF ~[,~
<br />DEPARTMENT OF TRANSPORTATION
<br />-AND-
<br />ot~~~ c~,.~,,-~ ~rN cfk~C-~-~k
<br />RIGHT OF WAY ENCROACHMENT AGREEMENT
<br />PRIMARY AND SECONDARY HIGHWAYS
<br />THIS AGREEMENT, made and entered into this the day of , 19 , by and between the Department of
<br />Transportation, party of the fast part; and party of the second part, .
<br />W{TNESSETH
<br />THAT WHERAS, the party of the second part desires to encroach on the right of way of the publiCroad designated as
<br />~~~cated with the construction and/or erection of: Di~~ .4~.~-~ ~ ~a-a--~~.i-r•..~s ,:,~
<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 confen~ed upon ft by statute, is willing to permit the encroachment with in the Ilmit of the
<br />right of way as indicated, subject to the ~nditions of this agreement;
<br />NOW, THEREFORE, R IS AGREED that the party of the first part hereby grants to the party of the second part the right
<br />and privAege 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 conditlons, to wit:
<br />That the insulation, operatbn, and maintenance of the above described fadltly will be accomplished in accordance with the party of
<br />the first parts latest POLICIES AND PROCEOt-rzFC FnR ACCOMMODATING ~ mi mr= ON F1IGFMIAY RI HTS-0F WAY and such
<br />revisions and amendment thereto es may be in effect at the date of this agreement. Irrfortnatlon as to these poildes and procedures
<br />may be obtained from the Division Engineer or State Utility Agent of the party of the first part.
<br />That the said party of the secorxi part funds and obOgates himself to install and maintain the en~ctring fadiily to such safe and
<br />proper condition that ff wiU not Interfere with or endanger travel upon said highway, nor obstruct rrw interfere wldr 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 structures
<br />necessary due to the instatlation and existence of the fadfitles of the party of the second part, and ff at any time the party of the first part
<br />sha0. require the removal of or changes in the location of the said fadlities, that the saki party of the second part binds himself, ht
<br />successors and assigns, to promptly rerave or after the said fadiities, in order to conform id 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 arty subsequent maintenance proper signs. signal tights,
<br />flagmen and other warning devices for tf>e protecflon of traffic in corrforrnance with the latest Manual an Uniform T -~+~++••il Devices
<br />and Amendment or Supplements thereto. lydornation 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 Ute 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 erxroachment.
<br />That the party of the second part agrees to restore all areas dtturbed during installation and malrrtenance 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 sdl; silting or poluton aF rivers, streams, lakes, reservoirs, otirer water
<br />Impoundments, ground surfaces or other property , or pollution of the air. There shall be compnance wrth applk~ble rules and regulations
<br />of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordnances
<br />and regulstiorrs of various counties, munidpalities and other official agendas relating to pollution prevention and contrd. When any
<br />insulation or malnterrance operation dtgtrabs the round surface and exiting ground cover, the party of fire second part agrees to remove
<br />and replace the sod or otherwte reestablish the grass coves tp meet the satisfaction of the Division Errgirreer of the party of the ftrst part.
<br />That the party of the second part agrees to assume the actual cost of any inspection aF 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 cpnstnrctlon alts, at all times during constructlon, a copy of this
<br />agreement showirx~ evidence of approval by the party of the first part The party of the first part reserves the right 1o stop all wait unless
<br />evidence of approve can be shown.
<br />Provided the work corrtatned in this agreement t being performed on a competed highway open tp traffic; the party of the second part
<br />agrees tp give written notice to the Division Engineer of the party of the first part when all work rxxrtalned herdn has been completed.
<br />Unless spedfically requested by the party of the first part, Hrtitten notice cr completion of work on highway projects under construction will
<br />riot be required.
<br />That in the case of noncompliance with the tears of this agreement by the party of the setxxrd part, the Party of the first part reserves
<br />>7 ~r~tA stop all work urrtr7 the fadlity has been brought into compiance or removed from the right of way at no cost to the party of the
<br />That h t agreed by both parties that this agreement shall trecorrre void ff actual construction of the work contemplated herein t not
<br />begun within are (1) year from the date of authorization by the party of the first part unless written waiver t secured by the party of the
<br />second pmt from the party of the first part.
<br />During the p~fornance of this contract, the second Orly, for itsctf, it assignees and successors In interest (hereinafter referred to as
<br />the'corrtrador), agrees as fellows:
<br />a. Compliance with Reputations: The contractor shall comply with the Regulations relative to rwndtscriminatkrn in Federally-
<br />assisted programs of the U. S. Department of Transportation, Title 4g, Code of Federal Regulations, Part 21, as they maybe
<br />amended from time to time, (hereinafter referred to as the Regulations), which are herein irrcorporatd by reference and
<br />made a part of tht contract.
<br />b. Nondiscrimination; The contractor, with regard to the work performed try it during the oorrtract, shall not discriminate on the
<br />grounds of race, color, or national origin in the selection and retentlan of subcontractors, including procurements of materials
<br />and leases of equipment. The contractor shall Trot participate either directly or Indirectly in fire d~crimination prohibited by
<br />Section 21.5 of the Regulations, hduding empoyment practices when the contract covers a progrem set forth in Appendix B
<br />oFthe Regulations. .
<br />F ~otidtatipns for Sutx~ntrects. indudinp Procurements of Materiat and Eaufomenk In all solldtatlons either by competitive
<br />bidding or rragotiation made by the contractor for work to be performed under a subcontract, including procurement of
<br />materlps or leases of equipment, eadt pctential subcontractor or supplier shall be notified by the contractor of the
<br />contractor's obligations under this contract and the Regulations reiathre to rwrrdisr7lmination on the grourWs of race, color,
<br />or national origin.
<br />FORM RNV 16.1 (Rev. July 1, 1977)
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