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HomeMy WebLinkAboutItem 12 Resolution Encroachment Type 2AGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL ITEM TITLE: Meeting Date: 1/18/2022 Meeting Type: Regular Meeting Staff Sam Kelly- Contact/Dept.: Quattrocchi/Finance Kyle Greene/Community Development Staff Phone No: 541.236.3713 Estimated Time: 10 Minutes Council Goals: Provide Financially Responsible and Innovative Government Services NEW FEE - ENCROACHMENT TYPE 2 Hold a public hearing on Chapter 7 of the Master Fees and Charges document. ACTION MOTION: ADOPT/NOT ADOPT A RESOLUTION AMENDING MASTER FEES REQUESTED: AND CHARGES SCHEDULE CHAPTER 7 WITH AN EFFECTIVE DATE OF FEBRUARY 1, 2022 ISSUE The Encroachment Permit Type 2 is a new fee in Chapter 7 of the Master Fees & STATEMENT: Charges Schedule that is intended for complex encroachment permit requests that require professional engineer -stamped plans, but that do not rise to the level of a Public Improvement Permit. ATTACHMENTS: 1. Chapter 7 Building Safety Red Lined 2. Resolution Amending Master Fees and Charges Schedule 3. Encroachment Permit Type 2 Application Staff completed the Master Fees & Charges update process on May 17'h,202 1, and DISCUSSION/ updated Chapter 6: Building Safety on October 18th 2021. This proposed fee will FINANCIAL update Chapter 7 of the Master Fees & Charges by adding a new fee: Encroachment IMPACT: Permit Type 2 and redefining the Type 1 Encroachment Permit. There are currently two options for developers working in the right of away: an Encroachment Permit or Public Improvement Project. These two options are at opposite ends of a spectrum and often require smaller projects to be brought up to the higher Public Improvement Project cost. The Type 2 Encroachment Permit would provide a middle option for complex encroachment projects that still require an engineering stamp, but do not meet the complexity of a public improvement project. The current encroachment permit costs $351.00 plus tech fee, while a Public Improvement Permit is $9,000 plus tech fee, a difference of $8,649. The new Type 2 permit will cost developers $4,500, which will provided $4,500 in savings to developers currently going through the Public Improvement Permit process. This will not effect the smaller, Type 1, existing encroachment permit projects. Chapter 7 of the 2021 Master Fees & Charges (MF&C) schedule with redlines is included as Attachment 1, the resolution adopting the new fee as Attachment 2, and Attachment 3 is a copy of the new Type 2 Application is. Section 7: Engineering Section 7: Engineering The following fees shall be charged for the Engineering activities of the City: Land Drainage Alteration Permit (Resolution 11-23, SMC8.332(1), 8.332(2)) Plan Checking Fee For excavation and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and specifications for checking, the Development and Public Works Director shall collect a plan -checking fee. Where not covered by the approved improvement plans for the development, separate permits and fees may apply to retaining walls or major drainage structures in accordance with the State Building Code. There shall be no separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee for grading plans shall be based on the average actual costs as set forth by resolution of the City Council. The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system, as well as for meeting the routine obligations of ownership, which is necessary for the regulation of and provision for public health, safety, and welfare. The charge is controlled by the user's or potential user's request and choice of the kind, nature and quantity of use. The plan -checking fee, for a grading permit authorizing additional work to a valid permit, shall be the difference between such fee paid for the original permit and the fee shown for the entire project. Grading Permit Fees A fee for each grading permit shall be paid to the Development and Public Works Director based on the average actual costs as set forth by resolution of the City Council. The rates and charges herein provided are for incurred costs based upon the use or availability for use of the public right-of-way and/or the storm sewer system, as well as for meeting the routine obligations of ownership, which is necessary for the regulation of and provision for public health, safety, and welfare. The charge is controlled by the user's or potential user's request and choice of the kind, nature, and quantity of use. The fee for grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. Single Family/Duplex Residential "Short Form" fee (non -sensitive areas: i.e. lot slope less than 15%; no work in or near a drainageway or Swale; no wetlands on site; not in a flood plain) Flat fee $565.00 "LDAP" fee (work within sensitive areas: i.e. any of the following: lot slope equal to or greater than 15%; work in or near a drainageway or swale; wetlands on site; site in flood plain) Flat fee $1,127.00 Commercial/Industrial/Multifamily/Other 1) Plan Check Fee $565.00 2) Plus: Volume Fee Up to 100 cubic yards $281.00 101 to 1,000 cubic yards $281.00 Plus: Per 100 cubic yards over 100 $55.00 1,001 to 25,000 cubic yards $775.00 Plus: Per 1,000 cubic yards over 1,000 $94.00 Section 7: Engineering Greater than 25,000 cubic yards: Actual recorded staff costs, overhead and project expenses $3,032 minimum Plus: $4,992 deposit and additional deposits as required Plus Permit Administration/Inspection Fee Up to 100 cubic yards $281.00 101 to 1,000 cubic yards $281.00 Plus: Per 100 cubic yards over 100 $94.00 1,001 to 25,000 cubic yards $1,132.00 Plus: Per 1,000 cubic yards over 1,000 $187.00 Greater than 25,000 cubic yards Actual recorded staff costs, overhead and project expenses $5,311 minimum Plus $4,709 deposit and additional deposits as required 5% Technology Fee (surcharge) will be applied when imposed or collected. Corrective LDAP Any LDAP processed after work is conducted without required City approvals is considered a corrective LDAP. In addition to the normal LDAP fees, calculated based on an estimate of the work performed at the time of the corrective LDAP, the corrective LDAP shall also pay for actual recorded staff costs, overhead, and project expenses in the administration of the corrective LDAP. The initial deposits for the corrective LDAP, in addition to the standard LDAP fees, shall be $3,275 for parcels less than one acre and $3,275 + $1,664 per acre for parcels more than one acre. If the deposit is insufficient to cover City expenses for the project, additional deposits will be required. Re -Inspection Fee $123.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Asphalt Damage Deposit (SMC3.210(1)(a), 3.212(3)) Before the issuance of any permit under this article, the Development and Public Works Director shall require the applicant to deposit such reasonable security as the Director requires to comply with the provisions of this article and with the City's specifications pertaining to the conduct of work. $1,078.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Section 7: Engineering Comprehensive Fee for Use of Public Ways (Non -Utility) (SMC3.224) No structure or device shall be placed in, upon, over or under the public way unless the owner of such structure or device shall have received a placement permit authorizing the placement of such structure or device. Any violation of this provision shall be an infraction within the meaning of Chapter 5 of this code. Annual rental of City conduit $2.22per foot Annual placement fee for conduit four inches or less in diameter $ 5.64per foot And for each inch of diameter in excess of four inches. $1.11per foot 5% Technology Fee (surcharge) will be applied when imposed or collected. Wireless Telecommunications, per Structure with Attached Facilities $649.00 Encroachment Permit (SMC3.212(1)) Applications for the encroachment permit shall be on the form prescribed by the Development and Public Works Director, and accompanied by the fee therefore, in an amount fixed by the Council by resolution. Type 1: The Encroachment Permit Type 1 is intended for encroachment permit requests that do not rise to the level of a Type 2 permit. Re -inspection Fee 5% Technology Fee (surcharge) will be applied when imposed or collected. $351.00 $123.00 Type 2: The Encroachment Permit Type 2 is intended for complex encroachment permit requests that require professional plans but that do not rise to the level of a Public Improvement Project. Deposit Flat Fee 5% Technology Fee (surcharge) will be applied when imposed or collected. $4,500.00 Sign Permit Fee: Signs in the Public Right -of -Way (Banners) (SMC3.223(1),(7)) Banner. Any non -rigid material such as canvas, vinyl or cloth, with no enclosing framework, which contains advertising copy. Over the Street Banner (SMC3.223(1),(7)) Over the Street Banner. A banner that hangs between two poles that straddle the City street at locations designated by the City. Per permit $167.00 Open Banner (SMC3.223(1),(7)) Open Banner. A double sided, embroidered banner displayed in the Downtown or Mohawk area that is attached to a pole, purchased and installed by the City, and advertises a business or organization. Downtown Business District $123-167 Mohawk Business District $123-167 Light Pole Banner (SMC3.223 (1),(7)) Pole Banner. A banner attached to City utility poles or traffic signal poles at designated areas throughout the City. Per permit $111.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Comprehensive Telecommunication Placement Plan Review Fee Section 7: Engineering (SMC3.226(6)) At the election of the applicant, the applicant may file a comprehensive telecommunications placement plan which describes all facilities it presently intends to install. Such plan is subject to approval of the Development and Public Works Director and may be modified from time to time by the applicant with the approval of the Development and Public Works Director. The fee for review of such plan shall be fixed by the Council by resolution. $882.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Curb Cut Fee (SMC3.254, 3.256) In case the permit shall be granted, it shall be the duty of the applicant to pay a fee based on the average actual costs as set forth by resolution of the Council. The same fee shall be charged for new construction or repair. The rates and charges herein provided are incurred costs based upon the use or availability for use of the public right-of-way, the availability of which is necessary for the regulation of, and provision for, the public health, safety and welfare. The charge is controlled by the user's (or potential user's) request and choice of the kind, nature and quantity of use. First curb cut $127.00 Second curb cut $68.00 Re -inspection fee Per re -inspection $123.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Curb Cut Fee and Sidewalk Construction Permit: Multiple Permit Discount (SMC3.250, 3.256, 3.300(1)) Before any sidewalk in a public right of way is started, a permit shall be obtained from the building official. At the time the permit is issued, the applicant shall pay a fee based on the average actual costs for permit administration and sidewalk inspection as set forth by resolution of the Council for the sidewalk, for either new construction or repair. These requirements do not apply, however, when such work is done under contract with the City or covered by a subdivision agreement with the City. The rates and charges herein provided are incurred costs based upon the use or availability for use of the public right-of-way, the availability of which is necessary for the regulation of, and provision for, the public health, safety and welfare. The charge is controlled by the user's (or potential user's) request and choice of the kind, nature and quantity of use. Discount when applicant obtains up to three Curb Cut or Sidewalk Construction Permits in same location. $43.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Placement Permit for Standard Mailbox - No Sidewalk Construction (SMC 3.226) No fee Placement Permit (SMC3.226 (2)) Prior to placing a structure or device in the right-of-way, the owner of such structure or device shall secure a placement permit, which permit shall also serve as an encroachment permit. $351.00 Per re -Inspection $123.00 Plus an Asphalt Damage Deposit (SMC3.214(2)(b)) $1,078.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Public Right of Way Use Agreement (SMC3.226 (2)) Prior to placing a structure or device in the right-of-way, the owner of such structure or device shall secure a placement permit, which permit shall also serve as an encroachment permit. Initial Permit $1,219.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Section 7: Engineering Sidewalk Cafe Permit (SMC 7.904) In the downtown district only, the City Manager, or the manager's designee, may issue a revocable permit for an outdoor cafe allowing for the service of food and beverages at facilities placed on sidewalks within the public right-of-way abutting an existing eating establishment. Initial Permit $68.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Sidewalk Construction Permit (SMC3.300, 3.310(1)) Before any sidewalk in a public right-of-way is started, a permit shall be obtained from the building official. At the time the permit is issued, the applicant shall pay a fee based on the average actual costs for permit administration and sidewalk inspection as set forth by resolution of the Council for the sidewalk, for either new construction or repair. For the first 90 feet of sidewalk $127.00 Per square foot after $0.13 Re -inspection fee $123.00 Sidewalk Repair Permit $24.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Sewer Connection Fee -Unassessed (Sewer In -Lieu -of -Assessment Fee) (SMC3.356(3)) Upon making an application as herein provided, such person shall pay to the City an amount based upon the City's established rate per square foot of benefited property. This rate is based on the average actual sewer construction costs per square foot of benefited property, as set by resolution of the Council. Any rate adjustment shall be determined by the previous year's sewer construction costs and projected inflation to the next construction season. The depth of the benefited property shall not exceed 150 feet from the street or 150 feet from the sanitary sewer line if the sewer line is not within the street right-of-way, except by special authorization by the Development and Public Works Director and based upon reasonable judgment, such as a. The location of the building in relation to the referenced 150 foot line; b. The possibility of future development for the building sites beyond the 150 foot depth. Except as provided by (a) and (b) immediately preceding, a reduced charge will be charged for that area beyond the 150 foot line. The sum so paid may be deposited against any future sanitary sewer assessment which may be made against said property. In the event the sum paid exceeds the assessment any excess will be refunded to the property owner. Per square foot for first 150 feet of depth $0.74 And per square foot thereafter $0.37 5% Technology Fee (surcharge) will be applied when imposed or collected Unassessed Property along McVay Highway, Franklin Boulevard to Nugget Way (SMC3.356(3)(c)) The City Council has determined that a special rate is appropriate for properties directly benefitted by the Franklin/McVay Sanitary Sewer Extension, City Project #21080, to provide a reasonable and just fee based upon the size and configuration of the benefitted properties. Per square foot $0.22 5% Technology Fee (surcharge) will be applied when imposed or collected. Section 7: Engineering Sewer Construction Permit (SMC3.358(4)) An application for a permit to construct a sanitary sewer shall be accompanied by a fee set by resolution of the Council. If more than 50 percent of an existing sewer line is to be reconstructed, then it shall be classed as new construction. No charge Sewer Reconstruction Permit (SMC3.358(5)) An application for a permit to reconstruct any sanitary sewer shall be accompanied by a fee set by resolution of the Council. If less than 50 percent of an existing sewer line is to be reconstructed, then it shall be classed as repairs. No charge Temporary Storage Fee (SMC3.214(2)(b)) Fee for the temporary storage of articles in the public right-of-way during construction as provided for in section 5.052(2)(a), if applicable: Per square foot with a $345.00 minimum charge $2.22 plus and Asphalt Damage Deposit (SMC 3.214(2)(b) $1,078.00 5% Technology Fee (surcharge) will be applied when imposed or collected. General Engineering Fees Public Improvement Permit (PIP): Plan Approval and Deposits Schedule of deposits pertaining to PIP plan approval and permit (SMC3.018 (1)) From time to time the Council shall, on recommendation of the City Engineer, by resolution, adopt a schedule of deposit amounts that shall categorize projects and the required deposit. In determining the recommended amount of a deposit, the City Engineer shall consider the actual costs of performing review for approval and preliminary testing, and the costs of inspection, testing, and other services provided to projects of similar cost of construction in the immediately preceding fiscal year, adjusted by the change in the Construction Cost Index during the past twelve months. (2) Such actual costs shall include the employee's base salary; other direct project expenses, such as copies, project documentation, the use of consultants, the cost of materials testing and an allowance for indirect costs based on percentages determined by the Finance Director. Deposits shall be in accordance with such schedule except where the City Engineer determines, in writing, that unusual circumstances associated with the project require a deposit of a greater or lesser amount. City Plan Examination Deposit Estimated Project Cost $0 to $100,000 $3,000 -or- $100,001 and over $3,000 + 1% of Project over $100,000 5% Technology Fee (surcharge) will be applied when imposed or collected. City Engineering and Inspection Deposit Estimated Project Cost $0 to $100,000 $6,000 -or- $100,001 and over $6,000 + 1% of Project over $100,000 Section 7: Engineering Job Control Testing Fees and Deposits Soil Bearing Tests 1/500 L.F. at * each Soil Densities 1/250 L.F. at * each Curb Rock Densities 1/150 L.F. at * each Base Rock Densities 1/150 L.F. at * each Concrete CLY. and Slump 1/100 C.Y. at * each A.C. Extractions per Class 1/500 TON at * each Asphaltic Concrete Densities (each lift) 1/150 L.F. at * each Asphaltic Job Mix Testing Fee per project * above indicates fee is paid for by the developer to a third party testing company. 5% Technology Fee (surcharge) will be applied when imposed or collected. Post-Monumentation Deposit for Subdivision (ORS 92.065(1)) Base deposit $2,800.00 Plus monument (each) $120.00 This Deposit is refundable when the City Surveyor deems the Post Monumentation is completed. In the event that the Subdivision is not monumented within the conditions of post monumentation, the funds will be utilized by the City Surveyor to complete said monumentation per Statute. A non-refundable 5% Technology Fee (surcharge) will be applied when imposed or collected. Project Bid Books and Project Draft Plans (ORS 192.324(4)) Oregon Revised Statutes authorize the public body to establish fees reasonably calculated to reimburse it for its actual costs in making such records available including costs for summarizing, compiling, or tailoring such records, either in organization or media, to meet the person's request. Minimum, varies by project $33.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Just Compensation due to Land Use Regulation (ORS 195.310 & ORS 195.312) A person filing a claim under ORS 195.310 for just compensation due a City land use regulation must file the claim in the manner provided under ORS 195.312. The City may impose a fee for review of a claim filed under ORS 195.310 in an amount not to exceed the actual and reasonable cost of reviewing the claim. Per Application $627.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Re -Apportionment Fee (SMC3.154) Apportionment or reapportionment shall only be made upon the written request of the record owner of the tract or parcel of property involved directed to the finance director. The request shall be accompanied by a survey map of the parcels to receive the assessment liens as reapportioned, together with a legal description thereof. Apportionment or reapportionment shall only be made upon the written request of the record owner of the tract or parcel of property involved directed to the finance Section 7: Engineering director. The request shall be accompanied by a survey map of the parcels to receive the assessment liens as reapportioned, together with a legal description thereof. First two lots $33.00 Extra per lot $14.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Other Engineering Fees Asphaltic Job Mix Testing Fee Each Public Improvement Project using asphaltic paving $483.00 5% Technology Fee (surcharge) will be applied when imposed or collected. Local Improvement District Assessment Service Fee (SMC3.072) An assessment service fee of 6.2 percent of the cost of direct construction, advertising, testing and engineering of local public improvement projects shall be added and included in the assessment made to each benefiting property owner in order to cover the origination, billing and collection cost on assessment. Per Assessment 6.2% of Assessment Reimbursement District Application Fee (SMC3.610 (1)) A person who is required to or chooses to finance some or all of the cost of an infrastructure improvement that will be available to provide service to property, other than property owned by the person, may, by written application filed with the Development and Public Works Director, request that the City establish a reimbursement district. The infrastructure improvements must be in addition to or in a size greater than those that would otherwise ordinarily be required in connection with the application for permit approval and must be available to provide service to property other than property owned by the applicant. Examples include, but shall not be limited to, intersections, full -street rather than half -street improvements, traffic signals, off-site sidewalks, connection of street sections for continuity, extension of water lines, and extension of sewer lines. The City may also initiate formation of a reimbursement district. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this section. Per Benefitted Parcel $555.00 Each Reimbursement District Administration Fee (SMC3.165(2)) The City may charge a fee for administration of the agreement. The administration fee shall be fixed by the Council in the resolution approving and forming the reimbursement district. The administration fee is due and payable to the City at the time the agreement is signed (or, if specified as a percentage, shall be paid quarterly based upon the reimbursement fees paid during that quarter). For Reimbursement Districts with 10 or fewer Benefitted Parcels $555.00 each For Reimbursement Districts with more than 10 Benefitted Parcels 6.2% of the Reimbursement Fees collected from a District each quarter Traffic Engineering Fees Traffic System Damage Fee These fees are meant to reimburse the City for damage caused to traffic sign posts and curbs from drivers. Section 7: Engineering Reinstall Single Post, Sign and Base $262 each Reinstall Double Post, Sign and Base $419 each Repaint, Overpaint Curb, Less Than 25 Ft. $209 each Portable Changeable Message Sign Fee This fee compensates the City for use of its Portable Changeable Message Signs (PCMS) and covers the City's operating costs associated with deploying and operating PCMS units for events and other activities undertaken by outside agencies. Deploy, Program, and Retrieve PCMS $1,674 per each location Operate and Maintain PCMS $22 day Operate and Maintain PCMS $83 week CITY OF SPRINGFIELD, OREGON RESOLUTION NO. A RESOLUTION AMENDING THE SPRINGFIELD MASTER FEES AND CHARGES SCHEDULE TO ADOPT A NEW ENCROACHMENT PERMIT TYPE 2 FEE WHEREAS, the City is authorized pursuant to Section 4 of the 2001 Springfield Charter and Oregon Revised Statutes to establish fees and charges based on costs for specific services rendered; WHEREAS, on May 17, 2021, the City Council adopted Resolutions 2021-17 and 2021-18 adopting the Springfield Master Fees and Charges Schedule to include cost -of -living adjustments, changes in fee descriptions, new fees and omitted fees, but did not include any changes to the Section 6 Building and Safety fees; WHEREAS, on October 18, 2021, the City Council adopted Resolutions 2021-38 adopting Section 6 Building and Safety Fees to include cost -of -living adjustments, changes in fee descriptions, new fees, and omitted fees; WHEREAS, the proposed Section 7 Engineering include a new Encroachment Permit "Type 2" fee to distinguish this category of higher level Encroachment Permits from the existing category of Encroachment Permits, which will be renamed as "Type 1"; and WHEREAS, the opportunity for public comment at a public hearing has been provided prior to the adoption of this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD: Section 1: The Springfield Master Fees and Charges Schedule, Section 7 Engineering, is hereby amended as provided in Exhibit A, attached hereto. Except as specifically provided herein, all other fees and charges adopted by Resolution 2021-17, 2021-18, and 2021-38 will remain in full force and effect. Section 2: Future Resolutions of the Common Council may be adopted to amend, add, or delete any rate, permit fee, license fee, or other fee or charge. Section 3: If any particular rate, permit fee, license fee, and other fee or charge is held invalid by operation of law or any court of competent jurisdiction or the enforcement of any fee restrained by such court pending the final determination as to its validity, the remainder of the rates, permit fees, license fees, fees, and charges specified in the Springfield Master Fees and Charges Schedule shall not be affected thereby and shall remain in full force and effect. Section 4: This Resolution will take effect on February 1, 2022. ADOPTED by the Common Council of the City of Springfield this day of , by a vote of for and against. ATTEST: City Recorder PAGE 1 of 1 225 FIFTH STREET • SPRINGFIELD, OR 97477 • PH: 541-726-3753 • FAX: 541-726-3689 SPRINGFIELD tow OREGO The Encroachment Permit Type 2 is intended for complex encroachment permit requests that require professional plans but that do not rise to the level of a Public Improvement Project. Examples of qualified projects might include the following: - Sewer lines (except those in collector/arterial - Street frontage improvements streets) - Simple street paving projects - Street lighting - ADA ramps - Work completed in an easement - Limited to one worksite location The City Engineer has the authority to determine the type of permit appropriate for a project based on risk factors and may at their sole discretion determine that a project must be submitted as a Public Improvement Project (PIP). Any project with an estimated cost of $100,000 or over will be considered a Public Improvement Project. APPLICANT STEP 1: PROJECT CONTACTS Page 1 of 11 Version Jan 2022 NAME PHONE EMAIL MAILING ADDRESS CITY STATE ZIP CONTRACTOR BUSINESS NAME LICENSE NUMBER EXP DATE PROJECT SUPERVISOR PHONE EMAIL MAILING ADDRESS CITY STATE ZIP DESIGN PROFESSIONAL Add additional sheets if more than one design professional is working on the project. NAME OREGON REG./LICENSE # DESIGN PROFESSIONAL: ❑ CIVIL ENGINEER ❑ ENVIRONMENTAL ENGINEER ❑ TRAFFIC ENGINEER ❑ STRUCTURAL ENGINEER ❑ LICENSED ARCHITECT ❑ LICENSED LANDSCAPE ARCHITECT EMAIL PHONE MAILING ADDRESS CITY STATE ZIP Page 2 of 11 Version Jan 2022 UTILITIES DOES YOUR UTILITY COMPANY HAVE A FRANCHISE AGREEMENT WITH THE CITY? PLEASE IDENTIFY THE TYPE OF AGREEMENT ❑ FRANCHISE AGREEMENT ❑ LICENSE ❑ NA NAME OTHER UTILITIES IF THIS IS AJOINT PROJECT INTENT OF PROJECT FOR OTHER UTILITY WHO WILL OWN ANY FACILITIES PLACED IN RIGHT OF WAY PROJECT SITE SITE ADDRESS TAX LOT MAP LOT PERIOD OF USE OR TIME OF FROM DATE TO DATE CONSTRUCTION: 7AM TO 6PM, UNLESS IT'S AN EMERGENCY DAILY START TIME DAILY END TIME CONSTRUCTION SCHEDULE REQUIRED PRIOR TO START OF WORK SCOPE OF WORK TYPE OF WORK: ❑ PLACING NEW FACILITIES IN THE RIGHT OF WAY ❑ REPAIRING/MAINTAINING EXISTING FACILITIES ESTIMATED TOTAL PROJECT COST* *ATTACH ITEMIZED DESIGN PROFESSIONAL'S ESTIMATE DESCRIBE THE WORK THAT IS TO BE DONE AS PART OF THIS PROJECT STEP 2: DESCRIPTION OF WORK STEP 3: PLANS AND ADDITIONAL SUBMITTALS Submit four copies of the project plans and a set of digital plans. All plans must be stamped by a design professional and designed according to the City Standard Construction Specifications, the design guidelines contained in this Engineering Design Standards and Procedures Manual, other applicable City policies and regulations, and any other specific requirements of the City Engineer. Design of ADA facilities shall at a minimum meet the current federal Technical Requirements as described in the United States Access Board's 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right - of -Way Notice of Proposed Rulemaking (NPRM). Page 3 of 11 Version Jan 2022 Work Plans must be attached in an email to eneineerine@sprinefield-or.gov. Reference the site location and name in subject line. SUBMITTAL REQUIREMENTS 1. A complete Encroachment Type 2 Permit Application signed by the applicant and acknowledged by all contractors and design professionals working on the Project, if different from the applicant. 2. Itemized cost estimate for construction of the Project. This estimate must be based on the BOLI prevailing wage and must include the project contingency and any fees required to be paid to the Applicant's design professional(s). 3. One copy of any applicable land use decisions and explanations of how applicable conditions will be met by the Permit and any additional applicable studies required by the Engineering Design Standards and Procedures Manual. 4. Permit deposit. See Step 4 below. 5. All design professionals' Insurance Certificates with all required endorsements (including applicant if applicant is a design professional). 6. Contractor's Insurance Certificates with all required endorsements (including applicant if applicant is a contractor). 7. Approved Financial Security, provided by the Applicant to secure the completion of and payment for the project work, with the amount and surety being subject to approval by the City. See Step 4 below. 8. Temporary Traffic Control Plan for project construction. See additional information under Safety and Environment. 9. List of Subcontractors for approval. 10. Concurrences from affected utilities, signifying that they have been given a chance to review and comment on the project. The "Concurrence Letter" form can be found at the end of this application. If a utility company does not reply, proof must be submitted that at least two attempts were made. 11. Copy of approved pavement mix designs and/or any other required material submittals. 12. Two copies of the Special Provisions for Construction, if any are necessary. 13. Applicable permits required by other Agencies to complete the project. 14. "As-Built"/record drawings and data must be provided to the city by the coordinating design professional following completion of construction and prior to beginning the project warranty. These must include all changes noted during the construction and field measurements indicated on the inspection notes and drawings. Refer to Chapter 9.00 DRAFTING STANDARDS and Chapter 10.00 ELECTRONIC ACCEPTANCE STANDARDS of the Engineering Design Standards and Procedures Manual for requirements for the submittal and acceptance of AutoCad As-Builts. SAFETY AND ENVIRONMENT AIR QUALITY Type of Dust Control to be utilized: WASTEWATER SPILL/OVERFLOW PREVENTION Directions: City policy requires that all work performed in the City right of way/easement is in full compliance with DEQ and EPA regulations. No spillage of raw sewage shall occur during construction, including spillage in an open trench or excavation. The contractor shall take all reasonable precaution to avoid spills and shall Page 4 of 11 Version Jan 2022 immediately notify City of Springfield Maintenance 541726-3615 or 541726-3761; After hours Emergency Response Team 541953-3428 in the event of a spill. Plan submittal for Wastewater main line work: ❑Bypass pumping ❑Temporary plugging of sanitary main STORMWATER POLLUTION PREVENTION PLAN Directions: The City is required by Federal and State law to monitor the discharge of construction stormwater and site runoff. Applicants shall develop and submit a Stormwater Pollution Prevention Plan (SWPPP) that minimizes to the maximum extent practicable the discharge of sediment and other pollutants to the public stormwater system. Call LDAP with questions, (541) 726-5489. Some common issues on right of way construction projects that may need to be addressed in your SWPP include: dewatering, soil erosion, hazardous material storage/spill prevention, sawcut slurry runoff, and site runoff/sedimentation. Please be aware that each project is unique and may present challenges not addressed in this set of examples. TRAFFIC CONTROL PLAN Directions: You will need to submit a Traffic Control Plan as part of the plan set, which will need to be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD) and Oregon Temporary Traffic Control Handbook. If operations are 3 days or less, follow the Oregon Temporary Traffic Control Handbook (OTTCH). For operations that will require a TCP outside the operational limits of the OTTCH a TCP shall be prepared and stamped by a Professional Engineer licensed in the State of Oregon. Depending on the scope of work The City of Springfield may also require a TPAR. STEP 4: FINANCIAL SECURITY AND INSURANCE INSURANCE All contractors and design professionals working under this Permit must provide insurance that meets the requirements in the Engineering Design Standards and Procedures Manual Section 12.07 and keep it in effect for the duration of the work under this Permit. EDSPM 12.07 is specifically incorporated herein by reference; where the language in this Permit conflicts with EDSPM Section 12.07, the language in the EDSPM will prevail. It is the applicant's responsibility to ensure that any contractor or design professional working under this Permit obtain the required coverages. The minimum requirements are summarized below, but see EDSPM Section 12.07 for the complete requirements: • Commercial General Liability Coverage: $2,000,000 per occurrence and $3,000,000 aggregate, occurrence -basis. • Worker's Compensation Coverage: Not less than $500,000 per accident or proof of exemption from coverage. • Commercial Automotive Liability Coverage (Contractor only): $1,000,000 combined single limit per occurrence. • Professional Liability Coverage (Design Professionals only): $2,000,000 combined single limit per occurrence, $3,000,000 annual aggregate limit. • Railroad Liability Coverage and other coverages may be required by the City as needed. All insurance must carry a rating of A- or better with A. M. Best and must be approved by the City as to terms, conditions, and form. The City has the right to reject any certificate or endorsement for unacceptable coverage and/or companies. All policies must include a 30 -day notice of cancellation or material change in coverage Page 5 of 11 Version Jan 2022 clause. If the approved insurance company will not provide this 30 -day notice, the applicant must provide written notice to the City within two (2) days of becoming aware that the coverage has been cancelled or materially changed, regardless of the circumstances causing the coverage to cease or lapse. Notice must e- mailed directly to Purchasing in the Springfield Finance Department at purchasing@springfield-or.gov with a copy to Amanda Clinton at aclinton@springfield-or.gov. DFPOSITS The Applicant must deposit funds with the City that are sufficient to cover the City's estimated staff costs and expenses dedicated to the project. Any unused deposit funds will be refunded to the Applicant at the same time as final release of the Financial Security. The City will periodically review the amount of deposited funds compared to Project expenses to determine if there are sufficient funds deposited. The City will notify the Applicant if there are insufficient funds to continue paying expenses. The Applicant must submit the additional deposit within 14 days of the first notification, or else the City may put a stop work order on the project. Funds held on deposit are property of the City and are not held in trust for the Applicant. The Deposit is due at the CONSTRUCTION DEPOSIT CALCULATION Encroachment Type 2 Deposit Flat Fee $4,500 Tech Fee $225 Total $4,725 submittal. The deposit calculation for this permit is as follows: FINANCIAL SECURITY: tim e of initi al pla Financial security for the project must be equal to or greater than 50% of whichever cost is higher: (1) the price of the Applicant's contract for the work, or (2) the official itemized design professional's estimate of the cost of the project, and must be based on BOLI prevailing wage rates and include the design professional's fee and project contingency. The City reserves the right to evaluate the total cost to construct the Project submitted in the itemized cost estimate and, if determined to be insufficient, to require the Applicant to provide addition financial security. The deposit amount may be reduced to 25% once the project reaches substantial completion and enters the warranty period. There are three Financial Security options available: (1) Public Improvement Project Performance Bond, (2) Set Aside Letter, or (3) Irrevocable Letter of Credit. To facilitate efficient processing of the financial security and ensure that City concerns are satisfied regarding potential exposure, financial security shall be submitted only on City authorized forms. The acceptable forms are available from the Development and Public Works Department or online. WARRANTIES Financial security is held by the City during a warranty period that typically lasts one year and begins when the project passes final construction inspection and after as-builts have been approved. The warranty period allows the City to monitor the structural integrity of repairs and determine their long-term viability. Financial security provides the City with the means to repair infrastructure should failures that remain uncorrected by the applicant or applicant's representative occur during the warranty period. A final warranty inspection will be conducted eleven months after the final construction inspection. Financial security will be released when the warranty period has passed final inspection. Page 6 of 11 Version Jan 2022 RESTORATION OF CITY FACILITIES It will be determined by the Public Works Director at the time of the 11 -month inspection as required in Municipal Code 3.222 that the work area in the public right-of-way is in as good a condition or better than it was before the issuance of the encroachment permit. Municipal Code 3.210 (2). Step 5: Agreement & Signature By signature, I state and agree that I have carefully examined the completed application and do hereby certify that all information herein is true and correct. I further certify that any and all work performed shall be done in accordance with all state, federal, and local laws, including but not limited to the Ordinances of the City of Springfield; applicable City specifications and drawings; and terms and conditions of the Permit as issued by the City. I further certify that only contractors and employees who are in compliance with ORS 701.026 will be used. I further certify that all contractors and design professionals used under this permit are named herein. I agree that I am solely responsible for providing correct and complete information as may be required by the permit or by the City. If City personnel determines that any fact required of the application that is material to the assessment of the facility or operation's impact upon traffic safety, convenience, and/or the legal or property rights of any person (including government entities) is false, incorrect or omitted, the City may deny or revoke the permit and may require me, as permittee, to remove the facility or terminate the operation and restore the facility area to a condition acceptable to the City Engineer at my expense. In such cases the City, in its judgment, may also require me to provide, at my expense, any additional safeguards and/or facilities required to protect the safety, convenience and rights of the traveling public and persons (including the City), if such additional requirements are adequate to achieve those purposes, as a condition of the continued validity of the permit. I understand and agree that any supervision and/or control exercised by City personnel in no way relieves me or my agents, employees, or contractors, of any duty or responsibility to the general public nor does such supervision and/or control relieve me, my agents, employees, or contractors from any liability for loss, damage or injury to persons or property as provided in this release. I understand and agree that City issuance of the Permit in no manner presumes or implies the approval or terms of approval of any future permit required by the City for the site. The City reserves the right to cause any work completed in compliance with the Permit to be altered in conjunction with any future development approval, public contract, or other permit that includes the site. I understand and agree that the City may inspect the work site described in the Permit at any time during a one- year period following receipt by the City of notice of completion of the described work, and that the City may specify, at the City's sole discretion, any additional restoration work required to return the site to a standard acceptable to the City. The permittee will be notified in writing of any work required and will have thirty (30) days from date of the notice to complete the work. I understand and agree that work not completed at the end of the thirty (30) days will be performed by the City may be performed by the City and the costs billed to the permittee. I further agree to ensure that all required inspections are requested at the proper time, that the project address is readable from the street, and that the approved set of plans will remain on site at all times during construction. As permittee, I further agree to indemnify, defend and hold harmless the City and its officers, agents and employees against all liability, loss and costs arising from actions, suits, claims or demands attributable in whole or in part to the acts or omissions of the permittee, and the permittee's officers, agents and employees, in performance of the Permit. I further agree to obtain, at the permittee's expense, and keep in effect during the term of the Permit, Commercial General Liability Insurance covering bodily injury and property damage on an "occurrence" form. in an amount determined by the Citv as a condition to the aermit. in addition to anv other Page 7 of 11 Version Jan 2022 insurance required by the City as a condition of the Permit. Such insurance shall be primary and non- contributory. I understand and agree that failure to maintain such insurance does not negate any of the obligations stated in this application or the Permit. Applicant Signature: Printed Name: Date: Step 6: Design Professional/Contractor Acknowledgment Acknowledgment: The below named Design Professional(s) and/or Contractor(s) ("Design Professional/Contractor") have reviewed this Encroachment Type 2 application and permit agreement. Design Professional/Contractor acknowledges that he or she has been retained by the applicant to perform professional services to carry out the applicant's obligations under this permit. Indemnification and Hold Harmless: Each undersigned Design Professional/Contractor individually agrees to indemnify, defend, and hold harmless the City and its officers, agents and employees from and against all claims, actions, liabilities, loss, and costs including attorney' s fees and costs of defense, arising in whole or in part from the acts or omissions of said Design Professional/Contractor, and the Design Professional/Contractor's subcontractors, officers, agents, and employees, in performance of this permit. Design Professional/Contractor understands and agrees that any supervision and/or control exercised by City personnel in no way relieves Design Professional/Contractor or its agents, employees, or subcontractors, of any duty or responsibility to the general public nor does such supervision and/or control relieve Design Professional/Contractor, its agents, employees, or subcontractors from any liability for loss, damage or injury to persons or property as provided in this release. If any such action or claim is brought against City, upon tender by City, Design Professional/Contractor will defend the same at the Design Professional/Contractor's sole cost and expense, promptly satisfy any judgment adverse to City or to City and Design Professional/Contractor, jointly, and reimburse City for any loss, cost, damage or expense, including attorney fees, suffered or incurred by City. Within a reasonable time, City will notify Design Professional/Contractor of any claim, threat of claim, or legal action. Notwithstanding the foregoing, neither Design Professional/Contractor nor any attorney engaged by Design Professional/Contractor will defend any claim in the name of the City, nor purport to act as legal representative of the City, without the prior written consent of the City Attorney's Office. City may, at any time and at its election, assume its own defense and settlement of any claims. City reserves all rights to pursue any claims it may have against the undersigned, collectively or individually, if the City elects to assume its own defense. Per ORS 30.140, this agreement does not include indemnification by Design Professional/Contractor for losses, claims, or actions resulting from the sole negligence of City or its officers, agents, and employees, whether within the scope of the Contract or otherwise. The absence of or inadequacy of the liability insurance required by this permit does not negate Design Professional's obligations in this agreement. Signatures (Required for each contractor/design professional named on application): Contractor Signature Printed name: Date CCB License # Mailing Address Business Phone Number Page 8 of 11 Version Jan 2022 City, State & Zip Code E -Mail Address Cell Phone Number Fax Number Signature of Coordinating Design Professional Date Professional Engineer: ❑ Civil ❑ Environmental ❑ Traffic ❑ Structural Licensed Architect -1 Licensed Landscape Architect (privately maintained improvements only) Printed name: Oregon Reg./License # Firm Name (if applicable): Mailing Address City, State & Zip Code Business Phone Number Cell Phone Number E -Mail Address Fax Number ADDITIONAL DESIGN PROFESSIONAL(S) (Add additional pages if needed): Signature of Design Professional Date Professional Engineer: ❑ Civil ❑ Environmental ❑ Traffic ❑ Structural ❑ Licensed Architect ❑ Licensed Landscape Architect (privately maintained improvements only) OTHER DISCIPLINE/SPECIALTY Printed name: Oregon Reg./License # Firm Name (if applicable): Mailing Address City, State & Zip Code E -Mail Address Business Phone Number Cell Phone Number Fax Number Page 9 of 11 Version Jan 2022 Step 7: Utility Concurrence Date: To From: Utility Company Contact Name Street Address City, State, Zip Telephone Number E-mail Engineering Consultant Contact Name Street Address City, State Zip Telephone Number E-mail Subject: Utility Concurrence Project Title Project Number Enclosed is a set of construction plans for your use. Please red -line the enclosed plans noting: (1) any conflicts with existing facilities; (2) existing facilities that will be adjusted or repaired with this project; and (3) any new facilities that will be constructed with this project, and return them to our office. In addition, please sign this letter in the area indicated below and send it to my attention. Any contracts or agreements for services with our client should be initiated at this time. Contact information for our client is as follows: Client's Name Street Address City, State Zip Utility Concurrence: I have received a copy of the preliminary plans for this project and will coordinate the adjustment and/or installation of our facilities with the consulting engineer as necessary. Name: (Please Print) Signature: Date: Page 10 of 11 Version Jan 2022 I have received a copy of the final plans for this project and signify that the utility design is complete and read for construction. Name: (Please Print) Signature: Date: Page 11 of 11 Version Jan 2022