Public Works and Utilities Committee

PUBLIC WORKS AND UTILITIES COMMITTEE AGENDA There will be a meeting of the Public Works and Utilities Committee on Monday, August 15, 2016 to begin at 4:15 p.m. at 1st Floor Conference Room, 80 Broad Street. The following items will be heard: A. Invocation B. Approval of Public Works and Utilities Committee Minutes May 23, 2016 June 21, 2016 July 25, 2016 - DEFERRED C. Request to Set a Public Hearing None D. Acceptance and Dedication of Rights-of-Way and Easements 1. Daniel Island Parcel Q Phase 3 - Acceptance and dedication of a portion of Fairchild Street (right-of-way varies). All infrastructure is complete. a. Title to Real Estate b. Affidavit for Taxable or Exempt Transfers c. Plat d. Exclusive Storm Water Drainage Easement 2. Daniel Island Parcel J Phase 2 - Acceptance and dedication of a portion of Robert Daniel Drive (50-foot right-of-way). All infrastructure is complete. a. Title to Real Estate b. Affidavit for Taxable or Exempt Transfers c. Plat 3. Fleming Park - Acceptance and dedication of Fleming Woods Road (42-foot to 50- foot right-of-way). Sidewalks and ditch re-establishment are bonded. a. Title to Real Estate 2 George Street, Suite 2100, Charleston, SC 29401-3506 · Phone (843) 724-3754 · Fax (843) 973-7261  b. Affidavit for Taxable or Exempt Transfers c. Plat d. Exclusive Storm Water Drainage Easement 4. Maybank Village Phase 2A - Acceptance and dedication of a portion of Timberline Drive (50-foot right-of-way). Final overlay and sidewalks are bonded. a. Title to Real Estate b. Affidavit for Taxable or Exempt Transfers c. Plat d. Exclusive Storm Water Drainage Easement 5. Maybank Specialty Shoppes Project – Approval to notify SCDOT that the City intends to accept maintenance responsibility for a portion of the sidewalk located within the SCDOT right-of-way along Maybank Highway, SC 700. Letter and map attached. a. Letter b. Map E. Requests for Permanent Encroachments 1. Future Gadsdenboro Street (TMS 458-01-02-063) – installing four building stoops and non-standard paving entrances into parking garage encroaching into right-of- way. F. Temporary Encroachments Approved By The Department of Public Service (For information only) 1. 547 Wading Place – installing irrigation encroaching into the right-of-way. This encroachment is temporary. Approved 7/12, 2016. 2. 515 Stonebridge Way – installing 6-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 7/12, 2016. 3. 517 McEnery Alley – installing 6-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 7/12, 2016. 4. 1423 Milldam Pass - installing 6-foot fence encroaching into drainage easement. This encroachment is temporary. Approved 7/12, 2016. 5. 700 King Street – installing 11’4” x 4’7” awning encroaching into right-of-way. This encroachment is temporary. Approved 7/12, 2016. 6. 2529 Josiah Street – transfer of approved encroachment from contractor to homeowner. Irrigation and broom finish concrete walkway extension encroaching into right-of-way. This encroachment is temporary. Approved 7/12, 2016. 7. 1452 Willtown Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016.  8. 2528 Josiah Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 9. 142 Brailsford Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 10. 103 River Green Place – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 11. 2525 Josiah Street – transfer of approved encroachment from contractor to homeowner. Irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 12. 1760 Batten Drive - installing 6-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 7/22, 2016. 13. 444 King Street – installing 8”x26” right angle sign encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 14. 210 Creek Back Street – installing tabby finish concrete driveway apron and irrigation encroaching into right-of-way. This encroachment is temporary. Approved 7/22, 2016. 15. 378 Lesene Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 8/5, 2016. 16. 49 Woodford Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 8/5, 2016. 17. 1633 Oak Leaf Street – installing irrigation encroaching into right-of-way and 4-foot fence encroaching into drainage easement. This encroachment is temporary. Approved 8/5, 2016. 18. 520 Rainsong Drive – installing 4-foot aluminum fence encroaching into drainage easement. This encroachment is temporary. Approved 8/5, 2016. G. Miscellaneous or Other New Business 1. Discussion of Stormwater Policy for grandfathered commercial developments. Report to be presented at September Public Works & Utilities Committee meeting. 2. Discussion on level of workforce in Environmental Services Division – for information only. Councilmember Perry K. Waring Chairperson Date Mr. Kirk R. Richards, P.E. Assistance District Maintenance Engineer SCDOT – District Six 6355 Fain Blvd North Charleston, SC, 29406 RE: Maintenance of Standard Construction Materials within the Maybank Specialty Shoppes Project Dear Mr. Richards: This letter concerns a proposed sidewalk to be constructed in conjunction with the Maybank Specialty Shoppes Project within the SCDOT right-of-way along Maybank Highway, SC 700. It is our intention that this will be a public sidewalk. The City Council of Charleston, at its meeting held [date of meeting], agreed to accept full maintenance responsibility for the proposed sidewalk within the State maintained right-of-way shown on the attached drawing and which will be constructed under a valid SCDOT Encroachment Permit. The City of Charleston agrees to maintain this sidewalk and corner handicap ramps in compliance with current ADA and SCDOT standards (ADA Standards for Transportation Facilities, SC Highway Design Manual, SCDOT Standard Drawings, and AASHTO Guide for the Planning, Design and Operation of Pedestrian Facilities). Should there be any questions, please do not hesitate to contact me at 843-724-3754 or at cabinessl@charleston- sc.gov. Sincerely, Laura S. Cabiness, P.E. Cc: Michael R. Metzler, Deputy Director Thomas F. O’Brien, Deputy Director Adelaide Andrews, Deputy Corporate Council Earthsource Engineering ___________________________________________________________________________________ 2 George Street, Suite 2100, Charleston, SC 29401-3506 • Phone (843) 724-3754 • Fax (843) 973-7261  131 LF OF 5' WIDE SIDEWALK WITHIN THE SCDOT RIGHT-OF-WAY 0$<%$1.63(&,$/7<6+233(66,'(:$/.(;+,%,7   STATE OF SOUTH CAROLINA ) TEMPORARY / PERMANENT ) ENCROACHMENT AGREEMENT COUNTY OF CHARLESTON ) THIS ENCROACHMENT AGREEMENT (“Agreement”) is made in the County and City of Charleston, SC, on________________ 12th July day of __________________, 16 by and between The City of Charleston, a South Carolina Municipal 20___ Corporation (hereinafter referred to as “City”) and _________________________________________________________(hereinafter CONCORD PARK ASSOCIATES, LLC referred to as “Grantee”). Whereas, the City is the owner of the property, sidewalk, or right-of-way located at (property address) Future ____________________ Gadsdenboro ___________________________________________________________________________________________________________ Street to be dedicated to the City at completion of construction. Located on southeast side of Gadsdenboro Park. in the City of Charleston, South Carolina (“Property”), and is more fully shown on Exhibit A, attached hereto and incorporated by reference herein; and Whereas, Grantee desires to install/construct a (Describe Encroachment) TMS #: 458-01-02-063 _____________________________________ Encroachment of building stoops into south R/W of Gadsdenboro Street and non standard materials for driveway ___________________________________________________________________________________________________________ ________________________________________________________________________________________ (“Encroachment”); and Whereas, Grantee desires to install/construct the Encroachments on the City’s Property as shown on Exhibit B (“Encroachment Area”) which is attached hereto and incorporated by reference herein; and Whereas, the City is willing to permit the aforementioned Encroachment strictly in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. The aforesaid recitals are incorporated herein verbatim. 2. No Interest in Encroachment Area. The Grantee shall not acquire any right, title, or interest in or to the City’s Property as fully described and depicted in Exhibit A or the portion thereof affected by this Agreement. Grantee understands and agrees that the Encroachment is for a permissive use only and that the placing of the Encroachment shall not operate to create or vest any property rights in Grantee. 3. Access. The City shall have free and complete access to the Property for maintenance and repair of the Property, and the Grantee shall hold harmless the City for any damage that may be done to the Encroachment by the City during maintenance and repair of the Property. 4. Maintenance of Encroachment. The Grantee shall maintain the Encroachment in a good and safe condition as long as the Encroachment remains on the Property. Further, the Grantee understands and acknowledges that should the Grantee damage and/or disturb the Property and/or the Encroachment, the Grantee shall be solely responsible for repairing the destroyed/disturbed Property and the Encroachment to the City’s satisfaction. a. If this box is checked by the City, a general liability insurance policy with combined single liability limits for personal injury or death and property damage in the amount of $1,000,000.00 per occurrence shall be required by the Grantee naming the City as an additional insured. Grantee agrees to provide proof of such policy to the City prior to the installation of the Encroachment. 5. Indemnification. Grantee shall indemnify, defend, and hold harmless the City against any and all claims or suits for damages or injury arising from Grantee’s Encroachment or use of the Encroachment or from any activity, work, or act done, permitted, or suffered by Grantee in or about the Encroachment, and shall further indemnify, defend, and hold harmless the City against and from any and all claims or suits arising from any breach or default of any performance of any obligation of Grantee hereunder, and against and from all costs, attorney’s fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification. 6. Assignment. Grantee shall not assign this Agreement without the prior written consent of the City. 7. Successors and Assigns. This Agreement shall be binding upon the Grantee, its successors, and assigns. 8. Removal of Encroachment. Any unlawful encroachments existing in the public right-of-way shall be subject to removal and the owner shall be responsible for labor and costs associated with such removal. Any encroachments existing in the public right-of-way shall be removed upon twenty-four (24) hours notice given by the Department of Public Service when such removal is necessary to repair or improve the right-of-way. If it is necessary to remove the encroachment(s), the owner shall be responsible for labor and costs associated with removal and reinstallation. In the event that the City Police, Fire, Public Service or Traffic and Transportation departments determine that the location of an encroachment constitutes an immediate physical danger to life, safety, or health, the encroachment may be removed immediately without prior notice. If the city removes an encroachment, a notice of removal shall be sent to the owner as soon as practicable under the circumstances. Any abandoned encroachment shall