|
d. kffomiatlon 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 spumes of Information, and its
<br />fadlities as maybe determined by the Deparment of Transportation or the Federal Highway Administration fn be pertinent to
<br />ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the exclusive
<br />possession of another who fails or refuses to famish this information, the contractor shall so certify to the Department of
<br />Transportation, orthe Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain
<br />the irdomiation.
<br />e. Sanctions for NoncompUance: In the event of the contractor's rmncomp[iance with the nondiscrimination provisions of this
<br />contract, the Departmrsit of Transportatlon shall impose such contract sanctions as it or the Federal Highway Administration
<br />may detemdne to be appropriate, including, but not limited to,
<br />(i) withholding of paymerrts to the contractor under the contract untll the contractor complies, andfor
<br />(2) rancellatlon, termination or suspension of the contract, In whole or in part
<br />d. Incorooration of Provisions: The contractor shall include the provisions of paragraphs 'a" through Y in every subcontract,
<br />including procrpements of materials and teases of equipment. unless exempt by the Regulations. or directives issued
<br />pursuant thereto. The contractor shall take such action w[th respect to any subcontract or procurement 83 the Deparbent
<br />of Transportation or the Federal Highway Administration may direct as a nuns of errtordng such provisions including
<br />sanctions for noncompUance: Provided, however. that, th the event a contractor becomes irnolved in, or is thr~tened with,
<br />litigation with a subcontractor or supplier as a result of such direr~lon, the contractor may request the Department of
<br />Trensportation to erter into such litigation to protect the Interests of the State, and, in addition, the contractor may request
<br />the United States to enter lnm such Ittigatlon to protect the irterests of the Untted States.
<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 />,~i~zi~if'T~~/ ?rte ~-T o~ ~ Second Party
<br />5~~~ mew+a~4~A+~-INSTRUCTIONs
<br />When the applicant is a corporation or a munidpality, this agreement must have the corporate seal and be attested by the corporation
<br />secretary or by the empowered dry oficial, unless a waNer of corporate seal and attestatlon by the secxefary or by the empowered City
<br />official Is on file in the Raleigh oRice of the Manager of Right of Way. In the space Provided in this agreement for executlon, the name of
<br />the corporetion or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly
<br />belowtheir signature.
<br />
<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 rmiries of all persons signing the agreemert should be typed direly blow their signature.
<br />This agreement must be accompanied, In the form of an attachment, by Plans or drawings showing the fdbuWng applicable information:
<br />1. All roadways and ramps.
<br />2. Right of way tines and where applicable, the control of access lines.
<br />3. Location of the e>asting aridlor proposed encroachment
<br />4. Length, s'as and type of encroachment.
<br />5. Method of installation.
<br />6. Dimensions showing the distance from the encroachmerrt to edge of pavement, shoulders, etc.
<br />7. Location by highway survey station number. If station number cannot be otrtained, location should be shown by
<br />distance from some iderrtifiable point, such as a bridge, road, Intersection, etc. {To assist In preparation of the
<br />encroachment plan, the Departrnent's roadway plans may be seen at the various Highway Division Offices, or at the
<br />Raleigh office.)
<br />8. Drainage structures or bridges ff affected by erxxoachment (show vertical and horizontal dimensions from
<br />encxoachment to ne~'est part of structure).
<br />9. Method of attachment to drainage structures or bridges.
<br />10. Manhole design.
<br />11. On underground utiiiti~, the depth Ot bury under all traveled lanes, shoulders, ddches, sidewalks, etc.
<br />12. Length, size and type of encasement where iegtrired.
<br />13. On underground crossings, notation as to method of crossing -boring and jaddng, open cut, etc.
<br />14. Location of vents.
<br />Any attachment to a bridge or other drainage structure mra:t be approved by the Head of Structure Design in Raleigh
<br />prior to submission of eruxoachment agreement to the DMsion Fligineer.
<br />All crossings should be as near as possible normal to the centerline of the highway.
<br />Minimum vertical dearerices of overhead wires and cables above all roadways must c~ttforrri to clearances set out 1n
<br />the National ~raxrlc Safety Code.
<br />Encaserrienb shell extend from ditdi line to ditch 11ne in cut sections and S beyond toe of slopes in flU sections.
<br />All venffi should be extended To the right of way tine or as otherwise required by the Departrrient.
<br />Atl pipe ericasertr~s as to material and strength shall meet the standards and spedflcatlats of the Deparment.
<br />Any spedal provisons or spedflcetions as m the performance of the work or the method of oortstiuctiori that maybe
<br />required by the Department must be stxrvm on a separate sheet attached to enanachmert agreement provided that
<br />such infommaton cannot be shown on plans or drawings.
<br />The Departmerri's Division Engineer should be given notice by the applicant prior to aqua[ starting of installation
<br />included in this agreement
<br />Rl4V (161) : Perry of the Second Part certifies ttrat this agreement is true and acaaate copy of the form
<br />RNV (161) incorporating all revisions to date.
<br />
|