Three Letters from Joseph Nichols, Construction Manager
Arlington County, Virginia
February 7, 1999
By Hand
Mr. Jay Wind, President
Arlington Heights Civic Association
611 S. Ivy Street
Arlington, Virginia 22204
Dear Mr. Wind:
This is in response to your conversation of January 20, 1999 with Dennis Johnson, in which you discussed the activities of the E-Spire Communications Company who is installing fiber optic conduit through your subdivision. This company has committed several errors, namely, the severance of a gas line, which caused the evacuations of several homes in the area, as well as the placing of excavated soil on the adjacent properties without the permission of the owner. This has caused a considerable amount of concern and discontent among the neighbors who were effected. Mr. Johnson asked that we forward to you a copy of the permittee's plan for the area, as well as inform you of the latest steps we have taken to bring the permittee into compliance. As you may know we stopped the permittee from working and called him to a meeting this morning. In the meeting several remedial steps were required of the contractor if he was to continue the permit. These are listed in the attached letter to the permittee along with several other items of discussion, which may be of interest to you and the area's residents.
Please note that we have required the permittee to take prompt action to restore the properties infringed on. We have also required that the permittee take extra care to avoid damage to utilities as they work. One element of concern was the possibility of damage to utilities that may not be discovered for some time, because this operation is underground. The permittee has answered this by stating that the responsibility for repair will continue with the ownership of the fiber optic. The E-Spire Company will be bound to make any repairs discovered to have been caused by their operations. I am the construction manager performing inspections on this permit. If you or the residents need anymore information, please call me at 228-3587.
Sincerely,
/s/
Joseph F. Nichols, Construction Manager.
CC:
R.S. Kem
Dennis Johnson
February 7, 1999
E-Spire Communications
12701 Fairlakes Circle Drive
Fairfax, Va. 22033
Attn: Mike Knouse
This is to confirm my Stop Work Order of January 20, 1999, given verbally to Mr. Gorman of Fishel Company at approximately 12:40 P.M.,and delivered to him by me approximately one hour later. The reason for this stop work is that the contractor has conducted his work in such a way as to cause considerable inconvenience to the public, which is contrary to the conditions of the permit. The most recent events in which the contractor caused this inconvenience are as follows:
- On or before January 15, 1999 the contractor dug a launch pit and deposited the excavation on the property of a Ms. Grabowski of 626 S. Garfield Street without her permission. Mr. Grabowski is very intent upon having the disturbed area of her lawn restored completely. Mr. Gorman has agreed to restore the property to Ms. Grabowski's satisfaction.
- The event of greatest concern occurred on January 19, at approximately 6:30 P.M., when the contractor in the act of boring across S. Highland Street, severed a 2-inch gas line, precipitating fire department response, and the evacuation of nearby residences. This occurred after the crew leader was and advised by a Gas Company representative to expose the line by hand. The crew leader promised to do so.
Sincerely,
/s/
Joseph Nichols, Construction Manager
CC:
R.S. Kem
Dennis Johnson
February 7, 1999
E-Spire Communications
12701 Fairlakes Circle Drive
Fairfax, Va. 22033
Attn: Mike Knouse
This is to chronicle our meeting of January 21, 1999 with representatives of your company and its contractors, representatives of the Washington Gas Light Company, and Arlington County representatives (Attendance attached) . The purpose of the meeting was to discuss under what conditions the County would rescind its Stop Work Order of the previous day and allow your company to continue with your fiber optic installation under permit 45551. The following were the major points made, and the necessary actions which will need to ensue:
Our letter of January 20, 1999, attached, states the events which led up to the Stop Work Order . These events were mentioned as key indicators of the need for modification of your company's method of operation. We appreciate your ready agreement and your willingness to offer solutions to avoid these mistakes in the future.
- The comments of the Washington Gas Light Company centered around the locating of their facilities in such a way as to prevent damage, that is to expose the line at least two feet on either side of the point of crossing of the gas line, which is the required standard procedure for locating all utilities, and observe the passage of the bored conduit in both directions, i.e. in boring and retrieval to verify where the bare head is with respect to the utility line. Your representatives agreed to follow this procedure. These procedures must be followed under permit # 45551. Mr. Whitley of the Gas Company volunteered to provide manpower as needed to support your operation. He also made the point that a report of each breaking of a utility is by law reported to the Advisory Committee to the Virginia State Corporation Commission, which will investigate.
- Mr. Gorman was concerned about exposing the crossed utilities in the streets, especially on State routes, where steel plates are not allowed during the winter months. We advised him that the State sometimes gives waivers. If not, the excavations would have to be made and backfilled in the same day and re-excavated on the following day if necessary.
- Your representatives were cautioned to have each excavator call in to Miss Utility for a location ticket. This requirement and all others of the underground utility locate law must be followed.
- Mr. Dennis Johnson suggested that you distribute a notice to the residents explaining what you are doing, how long you will take, the possible effect on the residents, and the contact person from your company. Your representatives, Mr.Gorman and Mr.Gary Johnson agreed to do this. Please send us a copy for our records.
- All agreed that there is difficulty in locating sewer laterals. Mr. Gorman promised to do his best to locate them (Ms. McColgan has provided sewer lateral history to your company). Mr. Boyce suggested that the best way to reduce the effect of damage is to take quick remedial action and communicate what your are doing to the resident. Mr. Gorman agreed and will act accordingly.
- Mr. Gorman acknowledged the error in placing excavated soil on adjacent private properties without the permission of the owners. He stated that your company will make complete restitution to the satisfaction of the owners of the affected properties. I will be monitoring closely and expect prompt action.
- Mr. Gorman has agreed to concentrate your efforts on 7th Street S., and begin the final restoration by Tuesday, January 26, 1999. This area must be complete before you move to another area. You agreed to our requirement that one neighborhood be worked at a time so large areas of the County will not be disrupted at once.
- We re-emphasize that more signage be placed to successfully warn pedestrians of sidewalk closings.
- We stated that there was resident concern about possible damage by the boring operation to sewer laterals, which may not be apparent right away or within years. Would the property owner have recourse in the future? Mr. Gary Johnson answered the question by explaining that the lateral break would be discovered by a plumber, who was making repair. The plumber would have called Miss Utility to mark existing lines. E-spire would respond to protect their duct, and would be present to see that the lateral was broken by the fiber optic line. E-Spire would then accept responsibility for the repair. This responsibility will pass to the owner, which binds the fiber optic owner forever.
- Your maximum time limit for all work under this permit is 180 days.
Sincerely,
/s/
Joseph Nichols, Construction Manager
CC:
R.S. Kem
Dennis Johnson
William
Boyce