HomeMy WebLinkAboutItem 06 Request for Permit to Work Outside Hours for Utility Installation Work by Comcast for 1611 18th Street AGENDA ITEM SUMMARY Meeting Date: 11/5/2012
Meeting Type:Regular Meeting
Staff Contact/Dept.: Ken Vogeney/Public
Works
Staff Phone No: 541-736-1026
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Maintain and Improve
Infrastructure and
Facilities
ITEM TITLE: REQUEST FOR PERMIT TO WORK OUTSIDE HOURS OF 7 AM AND 6 PM, FOR
UTILITY INSTALLATION WORK BY COMCAST FOR 1611 18TH STREET
ACTION
REQUESTED:
Approve or reject the following motion:
ALLOW UTILITY INSTALLATION ACTIVITIES OUTSIDE OF THE HOURS OF 7
AM AND 6 PM IN THE VICINITY OF 1611 18TH STREET WITH CONDITIONS AS
DESCRIBED IN ATTACHMENT 1.
ISSUE
STATEMENT:
Section 5.220(c) of the Springfield Municipal Code restricts the hours that construction
activities may occur to between 7 am and 6 pm. Comcast seeks permission to work outside
those hours in order to complete the project in a timely manner, and reduce the project’s
impact on traffic.
ATTACHMENTS: 1. Encroachment Permit Conditions of Approval
2. Vicinity Map
3. Request from Comcast
DISCUSSION/
FINANCIAL
IMPACT:
Comcast applied for an Encroachment Permit to extend cable service to the Burger King
restaurant at 1611 18th Street. The Permit requires Comcast to install their facilities
crossing 18th Street by boring under the roadway. It may be necessary to close the
southbound lane within the work area to complete the installation. Given the nature of the
traffic and the extent of the repair work, staff determined that requiring Comcast to perform
the work at night would be the least disruptive to both traffic and to the businesses.
Accordingly, Comcast prepared their Permit request based upon performing the work at
night. Therefore, Comcast must have approval for work outside the hours permitted under
the Municipal Code.
Noise generated from the repair work will likely come from generators, concrete saws,
backhoes and/or excavators, paving equipment, rollers, trucks and passenger vehicles. Most
of the moving equipment will have back-up alarms, required by OSHA rules. Staff
anticipates relatively few residents will be affected by the noise generated.
Staff recommends approval of night work on 18th Street.
ENCROACHMENT PERMIT
PUBLIC WORKS DEPARTMENT
CITY OF SPRINGFIELD, OREGON
Job#: 811‐PW2012‐00135
Location: 1611 18th Street Status: Approved
Map & Tax
Lot:
Date: August 21, 2012
Prepared By: Todd Singleton
Public Works Engineering
City of Springfield
225 Fifth Street
Springfield, OR 97477
(541) 726‐5931
tsingleton@springfield‐or.gov
Applicant: Comcast
Owner(s):
1. Refer to City of Springfield Municipal Code 3.208 for information on Encroachment
Permit requirements.
2. Work within public right‐of‐way shall only be performed only by contractors and
employees certified pursuant to ORS 701.026.
3. A spill kit is to remain on‐site for the duration of all construction activities. The spill kit
shall, at a minimum, contain absorbent, spill booms, and spill pads. The spill kit is to be
placed in an area where it is easily visible and accessible in case of a spill emergency.
4. Restoration work shall conform to City of Springfield Standard Specifications. All
planted areas disturbed within right‐of‐way shall be fully restored.
5. If concrete is disturbed during any excavation, restoration shall be with full panels to
City of Springfield standard specifications.
6. Prior to boring, bore contractor shall coordinate with City Inspector. Please contact
Craig Fitzgerald at (541) 954‐6477 between 7:00 AM and 3:30 PM regarding storm and
sanitary sewer conflicts. It shall be the responsibility of the contractor to verify depths
of all utilities prior to boring.
CITY OF SPRINGFIELD ENCROACHMENT PERMIT ‐ APPROVED FOR CONSTRUCTION
By signature, I state I have carefully examined the approved permit and do hereby agree to comply with the
requirements of the permit and I certify any and all work performed shall be done in accordance with the
Ordinances of the City of Springfield, applicable City Standard Specification and Drawings, and the laws of the State
of Oregon pertaining to the work described herein. I further certify only contractors and employees who are in
compliance with ORS 701.055 will be used for this project.
I agree for myself, my contractors, and employees, that the approval of the right of way permit in no manner
presumes or implies the approval or terms of approval of any other future permit required by the City for the site
and indemnifies and holds harmless the City regarding any future approval of a future site plan, partition,
subdivision, or any other required permit that may cause any work completed in compliance with the right of way
permit to be altered to conform to the final permit approval.
I understand and agree the City may inspect the work site described in this permit at any time during a one‐year
period following the receipt by the City of notice of completion of the described work and specify, at the City’s sole
discretion, any additional restoration work required to return the site to a standard acceptable to the City. I will be
notified in writing of any work required and will have 30 days from the date of the notice to complete the work.
Work not completed at the end of the 30 days will be performed by the City and the costs will be billed to me.
I further agree to ensure all required inspections are requested at the proper time and the approved permit and
set of plans will remain on the site at all times during construction and until removed by the City.
I shall defend, indemnify and hold harmless the City from and against all liability or loss and against all claims or
actions based upon or arising out of damage or injury to persons or property caused by or sustained in connection
with performance if this Contract by the permitee except, pursuant to ORS 30.140, for losses, claims, or actions
resulting from the sole negligence of the City.
I shall assume all responsibilities for the work, and bear all losses and damages directly or indirectly resulting to the
permitee, the City, or to others on account of the character or performance of the work, unforeseen difficulties,
accidents, or any other causes whatsoever. I shall assume defense of, indemnify and save harmless the City, its
officials, agents, and employees from all claims, liability, loss, damage, and injury of every kind, nature and
description, directly or indirectly resulting from activities in the performance of the Contract, the ownership,
maintenance or use of motor vehicles in connection therewith, or the acts, omissions, operations, or conduct of
the permitee or any Subcontractor under the Contract or any way arising out of the Contract, irrespective of
whether an act, omission or conduct of the City connected with the Contract is a condition or contributory cause of
the claim, liability loss, damage or injury and irrespective of whether act, omission, or conduct of the permitee or
Subcontractor is merely a condition rather than a cause of a claim, liability, loss damage or injury. I shall not be
liable for, nor be required to defend or indemnify, the City relative to claims for damage or damages resulting
solely from acts or omissions of the City, its officials, agents, or employees. The permitee's absence of or
inadequacy of the liability insurance required by the City of Springfield shall not negate permitee's obligations in
this agreement.
PERMITTEE:
Printed Name: ___________________________________________
Signature: _______________________________________________
Date: ___________________________________________________
Attachment 2, Page 1 of 1
Attachment 2, Page 2 of 2
Attachment 3, Page 1 of 1