Town of Morrisville Public Works Department 414 Aviation Parkway, PO Box 166 Morrisville, NC 27560

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1 Town of Morrisville Public Works Department 414 Aviation Parkway, PO Box 166 Morrisville, NC Phone: (919) Fax: (919) IRRIGATION ENCROACHMENT AGREEMENT (Revised April 2009) An Encroachment Agreement shall be required for any underground infrastructure or above ground infrastructure installed within the Town of Morrisville Public Right-of- Way. Examples of infrastructure installations within the Public Right-of-Way that would require an Encroachment Agreement are: telecommunication, electrical, gas, cablevision, street lighting, irrigation water mains, drainage pipes, above ground structures, buildings, signs, fences, gardens, retaining walls, etc. An executed copy of this agreement shall be present at the construction site at all times during execution of the approved work. The Town of Morrisville reserves the right to stop all work unless evidence of approval can be shown. If you have any questions regarding how to complete this form, please contact the Town of Morrisville s Public Works Department via phone at , or via at encroachments@townofmorrisville.org Company Name: Contact Person: Phone: Address: Mailing Address: Who will be performing work: Contact Person: Cell Phone: Type of work being performed: Time Duration: Location of Work: Between and NOTIFICATION TO START WORK NOTE: TO BE COMPLETED AFTER ENCROACHMENT AGREEMENT IS APPROVED AND PRIOR TO STARTING CONSTRUCTION. Date of Construction: Time of Construction: From to From to 1

2 TOWN OF MORRISVILLE REVIEW PROCESS Step 1: Complete the Town of Morrisville Encroachment Agreement and sign the form. Step 2: Attach proof of insurance coverage for the contractor, in accordance with the Town Standards. Step 3: Attach a drawing showing the street names, the adjoining street names, and the locations of the utility lines proposed to be installed. Step 4: Show all proposed above ground structures or features on the plan. Transformers, telecommunication boxes, or other structures or features that have a height or length or width dimension greater or equal to two (2) feet shall require plantings to screen. Show evergreen screening shrubs, species, size, number and location on the plan. Check appropriate boxes below: There are proposed above ground structures or features on the plan that require plantings to screen. The developer/owner shall install the screening plants. The Encroacher will install screening plants. There are no above ground structures or features that require screening plants. Step 5: Confirm the proposed utility lines do not conflict with proposed and existing storm sewer easements, sanitary sewer easements, water easements, or other easements. Show and label the type of all existing and proposed easements on the plan. Coordinate with the developer to determine proposed easement locations. Check one of the boxes shown below: There are proposed and existing easements within the work area, and the easements are shown on the plan. There are no proposed or existing easements within the work area. Step 6: Submit the completed Encroachment Agreement to the Town of Morrisville s Public Works Department (Address: 414 Aviation Parkway, Morrisville, NC 27560; encroachments@townofmorrisville.org; Fax: ] If information is found to be missing and the Town stops the review process, please re-submit the required information, as noted above. Step 7: Allow two (2) weeks for the Town of Morrisville to approve the Encroachment Agreement. If the review is stopped for missing information, the two week review time will start over again on the date the information is re-submitted [allow an additional two (2) weeks from the time of re-submittal]. 2

3 Step 8: Provide contractor with a copy of the Encroachment Agreement and have a copy on-site at all times during construction. Step 9: Call the NC One-Call Center ( ) for utility underground locates for water and sanitary sewer for the Town of Cary. The Town of Morrisville has merged its water and sanitary sewer utilities with the Town of Cary, and the Town of Cary is a member of the One-Call system. Step 10: Contact the Town of Morrisville s Public Works Department for utility underground locates for the publicly owned storm sewers, telecommunication conduits, and other Town-owned utilities. Please send a drawing and a written description via fax ( ) or via (encroachments@townofmorrisville.org). The Town requires a minimum of four (4) working days to complete utility locates. Step 11: The Encroacher shall be responsible for notifying other utility owners and for determining the location of other utilities in the work area. Step 12: Prior to starting actual construction, please notify the Town of Morrisville s Public Works Department via Fax at , or via at encroachments@townofmorrisville.org. A minimum of forty-eight (48) hours notice is required. Please attach a copy of the approved Encroachment Agreement and complete the notification requirements section on the first page of the approved Encroachment Agreement. Only the first page of the approved Encroachment Agreement needs to be transmitted. Step 13: Prior to starting actual construction, please notify the Town of Cary via Fax Number: A minimum of forty-eight (48) hours notice is required. Please attach with the fax a copy of the approved Encroachment Agreement and complete the notification requirements section on the first page of the approved Encroachment Agreement. Only the first page of the approved Encroachment Agreement needs to be faxed. Step 14: The Contractor shall take pictures and shall provide a report to the Town identifying all deficiencies prior to starting work. The report shall indicate the condition of all existing infrastructure, such as: roads, sidewalks, hot boxes, landscaping, shoulders, grassed areas, valves, manholes, hydrants, clean-outs, water meters, fences, retaining walls, etc. If the contractor fails to provide the report to the Town prior to starting construction, the contractor may be held responsible for pre-existing damage at or adjacent to the work site. Step 15: Install traffic control devices in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD). If vehicles are parked on the sidewalk or the sidewalk is blocked at any time, traffic control devices must be installed on the sidewalk. If construction starts without adequate traffic control devices, the Town of Morrisville will stop construction. Step 16: Install Erosion Control devices. Step 17: Start construction. 3

4 Step 18: The Contractor shall restore damaged or disturbed surfaces or underground utilities at or adjacent the work site to equal or better than the original condition. Restoration shall be carried out immediately after construction. Any damage not repaired to the satisfaction of the Town shall be cause to suspend any operations within the Town s limits by the party causing the damage until the repairs are satisfactory to the Town. Step 19: The Contractor shall arrange an inspection with the Town immediately after completion and prior to leaving the site. Please call the Public Works Department at to arrange the inspection. SPECIAL PROVISIONS All materials and construction shall be in accordance with the Town of Morrisville s standards and specifications. The traveling public shall be warned of construction with complete and proper signing and traffic control devices in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD). No work shall be performed in the right-of-way unless this condition is satisfied. The Town of Morrisville reserves the right to require a written traffic control plan for encroachment operations. The Town of Morrisville does not guarantee the right-of-way on this road, nor will it be responsible for any claim for damages brought by any property owner by reason of this installation. Two-way traffic shall be maintained at all times. No lane of traffic shall be closed or restricted prior to 9:00 a.m. or after 4:00 p.m. The Town of Morrisville reserves the right to further limit, restrict or suspend operations within the right-of-way if, in the opinion of the Town, safety and/or traffic conditions warrant such action. Insurance: Contractor shall maintain insurance policies at all times with minimum limits as follows: Coverage Minimum Limits Workers Compensation Statutory Limits General Liability $1,000,000 per occurrence ($2,000,000 aggregate) Automobile Liability $1,000,000 The contractor shall provide the Town with a Certificate of Insurance for review prior to the review of the Encroachment Agreement. All Certificates of Insurance will require thirty (30) days written notice by the insurer or the contractor s agent in the event of cancellation, reduction, or other modifications of coverage. In addition to the notice requirement above, the Contractor shall provide the Town with immediate written notice of cancellation, reduction, or other modification of coverage of insurance. Upon failure of the Contractor to provide such notice, the Contractor assumes sole responsibility for all loses incurred by the Town for which insurance would have provided coverage. The insurance certificate shall be for the initial contract period of one (1) year and shall be renewed by the contractor for each subsequent renewal period of the contract. 4

5 The Town shall be named as an additional insured and the statement should read: Town of Morrisville is to be added as an additional insured as evidenced by an endorsement attached to this certificate. Only A rated insurance companies will be acceptable to the Town. In the event the contractor fails to maintain and keep in force the insurance herein required, the Town reserves the right to cancel and terminate the contract without notice. All contractors doing business with the Town must have a current Privilege License issued by the Town of Morrisville. The Town of Morrisville Public Works Department and the Town of Cary (through the One-Call system at ) shall be notified prior to beginning work to schedule location of Town utilities in the immediate vicinity of the proposed work. The utility locate shall be good for a period of ten (10) days from the initial locate. Failure to renew the utility location a minimum of three (3) business days prior to the end of the ten (10) day period shall cause all responsibility for damage to Town utility lines and facilities to be the full and sole responsibility of the encroaching party. Any damage not repaired to the satisfaction of the Town shall be cause to suspend any operations within the Town s limits by the party causing the damage until the repairs are satisfactory to the Town. It shall be the responsibility of the Encroacher to determine the location of other utilities in the work area. The Encroacher shall be responsible for notifying other utility owners and providing protection and safeguards to prevent damage or interruption to existing facilities and to maintain access to existing facilities. All erosion control devices and measures shall be constructed, installed, maintained, and removed by the Encroacher in accordance with all applicable Federal, State, and Local laws, regulations, ordinances, and policies. All earth areas shall be regraded and seeded in accordance with Town standards and specifications. When the surface area proposed to be disturbed exceeds one (1) acre, the Encroacher shall submit a copy of the approved sediment and erosion control plan. The approval shall be from the appropriate regulatory agency or authority. This information shall be submitted prior to beginning any work within the right-of-way. Failure to submit this information shall be grounds for immediate suspension of operations. Transformers, telecommunication boxes, or other structures or features that have a height or length or width dimension greater or equal to two (2) feet shall require plantings to screen. If working for a developer, the developer will probably provide the screening. Otherwise, the utility company shall be responsible. These structures or features shall be screened with a dense spacing of evergreen screening shrubs. A dense spacing of evergreen shrubs shall be such that in three (3) years an opaque screen shall be provided. Show the species, size, number, and location of the evergreen screening shrubs on a landscape plan for review and approval from the Town of Morrisville. The party placing the Utilities within the right-of-way will install the utilities and facilities in such a way that it will not interfere with travel within the right-of-way, nor obstruct, nor interfere with proper maintenance of the right-of-way; and if at any time the Town of Morrisville shall require removal of or changes to the existing utilities/facilities, the party placing the utilities, its successors, or its designee agrees to remove or alter the utilities and/or facilities at no cost to the Town of Morrisville. 5

6 Encroachers with irrigation systems understand that the Town of Morrisville may dig in the right-of-way at any time without notice and may cause damage to the irrigation system. The Town of Morrisville shall not be responsible for any damage caused by the Town or by others to the irrigation system. No open cut of Town roadways shall be allowed. All utilities crossing the road shall be installed by jack and bore. In instances where Triassic shale, mudrock, or other compressible immature Triassic sedimentary rock-like material is encountered within the right-of-way limits and must be disturbed by the Encroacher, the material shall be excavated and hauled off and suitable backfill material utilized. Suitable materials are deemed as being aggregate base course (ABC) or equivalent as approved by the Town s Public Works Department. Excavated material shall not be placed in the roadway at any time during the operation. Trench backfill shall be placed at a maximum of six (6) inch loose layers and each layer thoroughly compacted to 90% standard proctor density in non-pavement areas and 100% of standard proctor density in pavement areas and sidewalk areas. The Town reserves the right to reject any backfill work. Any such work rejected shall be corrected prior to any further work taking place. The Town reserves the right to request compaction testing and may request a full-time geotechnical engineer be present on-site during construction. Boring pit(s) or excavations adjacent to the roadway shall not be left open overnight. At points where the utility is placed under an existing storm drain, sanitary sewer, or other Town utility, the trench shall be backfilled with Class M concrete up to the outside of the existing pipe. The proposed utility shall be placed at a minimum depth of two (2) feet for communication lines and three (3) feet for electrical and gas lines. The following schedule shall be adhered to for horizontal placement of utility lines: UTILITY LOCATION (as measured horizontally from the back of curb) Cablevision One foot (1 ) Telephone Southern Bell, MCI, etc. Seven feet (7 ) Electrical (CP&L, etc.) Five feet (5 ) Gas (PSNC, etc.) Three feet (3 ) 6

7 TOWN ENCROACHMENT REVIEW SIGN OFF: PUBLIC WORKS: Date: Printed Name: Job Title: APPLICANT/OWNER SIGN OFF: (Must be signed before the Town will grant encroachment) Name of Company (if applicable) Signature of Signing Authority Printed Name of Signing Authority Job Title of Signing Authority Date Signed: 7