WQ0042893_Operational Agreement_20211115

ROY COOPER
GOVERNOR
September 21, 2021
WBS ELEMENT:
COUNTIES:
DESCRIPTION:
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ERIC J. BOYETTE
SECRETARY
47532.3.3
Harnett/Cumberland
I-5883 / Improve I-95 Interchanges and Widen to Eight Lanes SR 1808
(Jonesboro Road) (Exit 75) to SR 1709 (Hodges Chapel Road) (Exit 77)
SUBJECT: Use and Occupancy Agreement
Marion Sadler
P.O. Box 871
Emporia, VA 23847
Dear Ms. Sadler:
The proposed improvement of I-95 interchanges and Widening to Eight Lanes from SR 1808 (Jonesboro
Road) (Exit 75) to SR 1709 (Hodges Chapel Road) (Exit 77) project was let to contract on July 20, 2021,
with construction beginning around the first day of September 2021. The construction of this project will
require the relocation and adjustment of the existing 2" pressure sewer force main lines and the installation
of two new RPZ backflow preventers to replace two existing ones owned by Marion Sadler. As discussed
with you previously, the design for the relocation work has been handled by our engineers and the
construction will be included in the Roadway Contract. This work will be done at the expense of the
Department of Transportation in accordance with General Statute 136-27.1.
The Department has provided Marion Sadler with Special Provisions and Plans showing the proposed 2"
pressure sewer force main line relocations and installation of new RPZ backflow preventers. In accordance
with State and Federal Regulations, it will be necessary for Marion Sadler and the Department of
Transportation to agree in writing as to the terms of use and occupancy for the 2" pressure sewer force main
lines and RPZ backflow preventers to remain within the highway right of way. Accordingly, the following
conditions will apply with regards to the pressure sewer force main lines:
(1) The 2" pressure sewer force main lines and RPZ backflow preventers will be located and
accommodated in a manner that will not impair the planned highway or the construction or
maintenance or interfere with the safe operation in accordance with the attached plans which
are made apart hereof.
(2) Marion Sadler will be responsible for maintenance and service of the 2" pressure sewer force
main lines and RPZ backflow preventers to be retained within the Department of
Transportation's right of way limits in accordance with the mandate of the statutes and such
other laws, rules, and regulations that have been or may be validly enacted or adopted now or
hereafter.
(3)
That upon satisfactory completion of any pressure sewer force main line relocations and
installation of RPZ backflow preventers necessary for the Roadway improvements, Marion
Sadler agrees that she shall release the Department of Transportation from any and all claims
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 6
POST OFFICE BOX 1150
FAYETTEVILLE, NC 28302
Telephone: [phone]
Fax: [phone]
Customer Service: 1-877-368-4968
Websile: www.ncdot.gov
Location:
558 GILLESPIE STREET
FAYETTEVILLE, NC 28301

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for damage in connection with relocation made to the 2" pressure sewer force main lines and
installation of RPZ backflow preventers, and further, that she shall release the Department of
Transportation of any further responsibility for the cost of maintenance to the existing and
relocated sections of the 2" pressure sewer force main lines and RPZ backflow preventers.
Said inspection by Marion Sadler will occur at the request of NCDOT and the Utility
Contractor at which time NCDOT and the Utility Contractor will provide Marion Sadler with
"As -Built" plans in digital and hardcopy form. Marion Sadler will have fourteen (14) days
from the date of receipt of the digital and hardcopy "As-Builts" to inspect the project and
provide comments to NCDOT before NCDOT's acceptance.
(4) The Department's Special Provisions bind the contractor to guarantee materials and
workmanship against latent and patent defects arising from faulty materials, faulty
workmanship or negligence for a period of twelve months following the date of final
acceptance of the work for maintenance and shall replace such defective materials and
workmanship without cost to the Department. The highway contractor will not be responsible
for damage due to faulty design, normal wear and tear, for negligence on the part of the
Department, and/or for use in excess of the design. Where items of material carry a
manufacturer's guarantee for any period in excess of twelve months, then the manufacturer's
guarantee shall apply for that particular piece of material. Appropriate provisions of the
payment and/or performance bonds shall cover this guarantee for the project. Should any
failure result from the conditions found in line item (4) the Department would then enter into a
Contract with Marion Sadler for reimbursement to be made to Marion Sadler for necessary
repairs performed by Marion Sadler and/or her contractor. The Utility Relocation Agreement
would be issued by the NCDOT Division 6 and the repairs would be coordinated between
Marion Sadler and the Department's assigned Resident Engineer.
Please indicate your concurrence in these conditions and plans previously provided by signing in the
appropriate space provided below and return to Steve McKee at [e-mail] no later than
October 7, 2021. If our office has not received this agreement by the due date, the highway project may
interrupt operations of Marion Sadler's water and sewer facilities.
Sincerely,
Rick Handlin
Division Utility Engineer
r—DocuS+p'lad by:
\-2Ff,9985CSE 164En
Approved and Accepted By:
Marion Sadler
N.C.G.S. § 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of
any gift from anyone with a contract with the State, or from any person seeking to do business with the
State. By execution of any response in this procurement, you attest, for your entire organization and its
employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by
any employees of your organization.
UT Form 15 (REV. 5/3/2017)