NC_ERFO_FS_2016(1)_Blue_Ridge_Mountain_EMC_Agreement.pdf

ESTERN FEDERAL LANDS HIGHWAY DIVISION

21400 RIDGETOP CIRCLE

STERLING, VA. 20166

PROJECT UTILITY AGREEMENT

Storm Damage Repairs

Nantahala and Pisgah National Forests Project NC ERFO FS 2016(1)

Adjustment and/or Relocation of Facilities

THIS AGREEMENT, by and between the U.S. Department of Transportation, Federal Highway Administration, hereinafter called the Government, and Blue Ridge Mountain EMC, hereinafter called the "Company," is authorized by Title 23 CFR 645.

The Government is planning repairs to 15 sites damaged by storms in the Nantahala and Pisgah National Forests in North Carolina.

The Government’s repair at Forest Road (FR) 420 milepost 5.0 will impact facilities owned by the Company. The Company’s relocation plan provided by Daniel Frizzell by email attachment on 4/29/2019 shall be included as part of this agreement.

It is deemed to be in the best public interest that the required adjustment and/or relocation of said utility facilities shall be accomplished by the Company as owner of these facilities at no cost to the government; and shall be performed under the terms of this agreement and in accordance with and governed by the provisions of the Government's Code of Federal Regulations 23 CFR 645.

Contacts Blue Ridge Mountain EMC Daniel Frizzell Director of Engineering Blue Ridge Mountain E.M.C.

875 Main St. E Young Harris, GA 30582 706-379-3121 ext. 197 daniel.frizzell@brmemc.com

Federal Highway Administration Emmett Melton Construction Operation Engineer 1827 Jack Delozier Drive, John L. Marshall Technology Park Sevierville, TN 37876.

865-286-6101 Emmett.melton@dot.gov

Performance of Work

Therefore, in consideration of the foregoing, it is mutually agreed that:

Preliminary Engineering activities are to be performed by the Company.

Construction work is to be performed by Company Forces.

Material incorporated into the work is to be furnished by the Company.

Scheduling and Coordination

The Company shall complete the work herein described by cooperating with the Government's contractor on this project, and will schedule the performance of this work to avoid unnecessary delay or hindrance to the progress of other work in on the Government’s project NC ERFO FS 2016(1).

Authorization to Proceed

The Company is encouraged to attend the preconstruction meeting held with the government and the contractor who will perform the work on the contract.

The Government shall provide 7 calendar days’ notice to the Company to begin work. This notice shall occur by either an email or letter to the Company.

The Government’s contractor will close Forest Road (FR) 420 prior to the Company starting work on the relocation.

It is estimated that approximately 3 days will be required to complete the work. The Company will not commence work until receipt of notice to proceed from the Government to begin work.

Extra Work

If conditions require a change in the scope of the work, the performance of extra work, or major changes in the planned work as herein described, this agreement shall be modified by a written amendment covering the required changes which, when executed by both parties hereto, shall become a part of this agreement. Under emergency conditions, verbal agreement may be reached and work approval given subject to writing and processing of the amendment.

Permits The Company shall make application to appropriate authorities to obtain all necessary permits required to perform work herein described.

IN WITNESS WHEREOF, the parties hereto have executed this Utility Project Agreement No. ________ as of the date of signature of the Company.

Company: Blue Ridge Mountain EMC

BY: ______________________________________________

Daniel Frizell

TITLE: Director of Engineering

DATE: ___________________________________________

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

BY: _____________________________________________

Scott L. Winburn

TITLE: Right-of-Way & Utilities Coordinator

DATE: __________________________________________