§ 90-246. Construction standards.

(a)

In general. All construction must be done in a good and workmanlike manner and in faithful and strict compliance with the permit, this article, other city ordinances, and current city standards and specifications (including the North Central Texas Council of Governments specifications, where applicable) relating to construction within the public right-of-way. The public service provider shall maintain the construction area in a manner that avoids health hazards, and hazards to vehicular and pedestrian traffic until the public right-of-way are permanently restored. Specific construction requirements are contained in the right-of-way construction and permitting procedures manual, as amended.

(b)

Abandonment. Facilities of a public service provider that are not conformed within the 120-day notice period or within the approved schedule will be deemed abandoned, and the city, and any person working under contract with the city, will not be liable for any damage to or destruction or removal of the facilities, or for any interruption or termination of service through the facilities, caused by the activity of the city, or its contractors, described in this article.

(c)

Alteration to landscape material. Any alteration to landscape material located within any public right-of-way requires prior notification to the adjacent property owner. No person shall cut, deface or in any way injure any landscape material located within a public median without prior approval from the parks and recreation department. Landscape material shall include, but is not limited to, canopy and ornamental trees, shrubs, ground cover, lawn, earthwork, and irrigation systems. Proper trimming of trees for overhead utility service is excluded from this subsection.

(d)

Alternate access. If a street or alley must be totally closed for any duration, the public service provider shall provide for reasonable alternative access to the adjacent properties at all times. If a sidewalk is to be closed or blocked for longer than one (1) day, the public service provider shall provide a reasonable alternative for pedestrian access. Sidewalks designated as school routes shall be open at all times, or a reasonable alternative shall be provided before work commences. Reasonable alternatives for sidewalks shall provide thirty-six (36) inches minimum surface width.

(e)

Barricades and warning signs. When making a pavement cut or excavation, or placing soils or excavated material in or along a public right-of-way, the public service provider shall place barricades, warning signs, and warning lights at the location sufficient to warn the public of the hazard of the open cut, excavation, spoils, or excavated material.

(f)

Contractor's agent on site. The contractor will maintain at all times on the job site a responsible person authorized to receive and relay instructions from the city.

(g)

Coordination. The public service provider has the exclusive responsibility to coordinate with other public service providers to protect all existing facilities in the public right-of-way in which the construction occurs. Acceptance of the plans and issuance of a permit does not constitute liability on the city's part for any damage to existing facilities.

(h)

Coverage area. All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the construction area will be regarded as part of the construction and must be included in the total area repaired.

(i)

Emergency activity. Construction in the public right-of-way may commence prior to obtaining a permit if the public service provider determines a valid need to perform emergency activity. Immediate notice, including the reasons for the emergency activity, must be given to the director. The public service provider shall provide a written description of the emergency activity required not later than the second business day following commencement of the emergency activity, and application for a permit must be made as soon as possible.

(j)

Emergency repair during construction. If the director determines during construction that an emergency repair to a public right-of-way is necessary to correct a situation that is hazardous to the public, the director shall immediately notify the public service provider. If the public service provider does not commence the emergency repair within 24 hours, the director may, (with sole discretion) cause performance of such emergency repair work as is necessary to correct the hazardous situation. The public service provider shall reimburse the city for the actual direct and indirect cost of the work necessary to correct the hazardous situation. The public service provider shall maintain the emergency repair until the public service provider completes construction and final repairs.

(k)

Emergency repair for existing facility. If the director determines that a problem with a public service provider's existing facility in a public right-of-way requires an emergency repair to correct a situation that is hazardous to the public, the director shall immediately notify the public service provider. If the public service provider does not commence the emergency repair within 24 hours, the director may, with sole discretion, cause performance of such emergency repair work as is necessary to correct the hazardous situation. The public service provider shall reimburse the city for the actual direct and indirect cost of the work necessary to correct the hazardous situation. The public service provider shall maintain the emergency repair until the public service provider completes construction and final repairs.

(l)

Excavated materials. The public service provider and any person responsible for construction shall protect the public right-of-way surface, and all existing facilities and improvements both above and below ground from excavated materials, equipment operations, and other construction activities. Particular attention must be paid to ensure that no excavated material or contamination of any type is allowed to enter or remain in a water or wastewater main or access structure, drainage facility, or natural drainage feature.

(m)

Excavation safety. On construction projects in which excavation will exceed a depth of five feet, the public service provider must have detailed plans and specifications for excavation safety systems. The term "excavation" includes trenches, structural or any construction that has earthen excavation subject to collapse. The excavation safety plan shall be designed in conformance with state law and Occupational Safety and Health Administration (OSHA) standards and regulations.

(n)

Locate extent of right-of-way. The public service provider has the exclusive responsibility to locate the extent of the public right-of-way. Acceptance of the plans and issuance of a permit does not constitute liability on the city's part for any facilities placed on private property. If facilities are placed on private property, it is the public service provider's responsibility to contact property owners and acquire easements.

(o)

Location flags. All locate flags shall be removed during the clean up progress by the public service provider or his/her contractor, or subcontractor at the completion of the work.

(p)

Location of facilities. All facilities shall be constructed, installed and located in accordance with the following terms and conditions:

(1)

The public service provider shall use best efforts to install its facilities within its existing underground duct or conduit whenever excess capacity exists within such facility.

(2)

If installing overhead facilities, the public service provider shall use best efforts to utilize existing utility poles to the extent surplus space is reasonably available. If the installation of a new pole or poles is necessary, the number, location and installation of same shall be as designated by city.

(3)

Whenever any new or existing electric utilities, cable facilities, or telecommunications facilities are located or relocated underground within a public right-of-way, and the public service provider currently occupies overhead facilities in the same public right-of-way, the public service provider shall use best efforts to determine the feasibility of relocating its facilities underground concurrently.

(4)

In determining whether any requirement under this section is unreasonable or unfeasible, the city manager or his designee shall consider, among other things, whether the requirement would subject the public service provider or other affected provider to an unreasonably increased risk of service interruption, to an unreasonably increased liability for accidents, to an unreasonable delay in construction or in the availability of its services, or to any other unreasonable technical or economic burden.

(q)

Newly constructed or overlayed streets.

(1)

No pavement cuts in newly constructed, reconstructed, or resurfaced (greater than one inch) asphalt streets may be made for 36 months after the substantial completion of the street work. With sole discretion, the director may grant an exception based on the public service provider's written demonstration that the following criteria have been met:

a.

Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts;

b.

Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable; and

c.

The proposed excavation cannot reasonably be delayed after the three-year deferment period has lapsed.

(2)

Exemptions for emergency operations. Emergency maintenance operations shall be limited to circumstances involving the preservation of life, property, or the restoration of customer service. Public service provider with prior authorization from the director to perform emergency maintenance operations within the public rights-of-way shall be exempted from this section. Any public service provider commencing operations under this section shall submit detailed engineering plans, construction methods, and remediation plans no later than the next business day after initiating the emergency maintenance operation.

(r)

Protection of trees and landscaping. Each public service provider shall protect trees, landscape, and landscape features as required by the city and shall be responsible for supplemental maintenance and watering during construction and until restoration is complete. All protective measures shall be provided at the expense of the public service provider.

(s)

Protection of property. Each public service provider shall protect from injury any public rights-of-way and adjoining property by providing adequate support and taking other necessary measures. Public service provider shall, at its own expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the work and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public rights-of-way.

(t)

Responsibilities. A public service provider shall:

(1)

Properly construct, install, repair, relocate, and/or upgrade its existing facilities within the public right-of-way; and

(2)

Repair or restore any damage to other facilities, the public right-of-way, or private property that occurs as a result of improper construction, installation, repair, relocation, or upgrade of the public service provider's facilities.

(u)

Restoration of right-of-way. A public service provider performing construction in the public right-of-way shall restore the public right-of-way to a condition that is equal to or better than the condition prescribed by the right-of-way construction and permitting procedures manual, as amended, and consistent with this article.

(v)

Settling of backfill. The director shall notify the public service provider in writing if the backfill on a permitted pavement cut or excavation settles at any time during the two-year maintenance period, causing subsidence in the pavement of one-half inch or more, vertically measured in any three-foot horizontal direction. Upon notification, the public service provider shall commence repair work within ten days and notify the director 24 hours in advance of commencement of the repair work. If the repair work is not commenced within ten days, the repair work may be performed by the city, and billed to the public service provider for compensation.

(w)

Signage. Three feet by three feet information signs stating the identity of the public service provider doing the work, telephone number a public service provider's identity and telephone number shall be placed at the location where construction is to occur 48 hours prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted on public right-of-way 100 feet before the construction location commences and each 100 feet thereafter, unless other posting arrangements are approved or required by the director.

(x)

Time limit for open trenches, open pits or street cuts. Permanent repairs of utility cuts, open trenches, open pits, or street cuts in existing streets, alleys or easements will be completed by the public service provider within 30 calendar days of beginning the work. If a public service provider does not believe that it will be able to meet this schedule, the public service provider must contact the director concerning an alternative schedule for the repairs. Any alternative schedule must be approved by the director prior to the beginning of the work. The public service provider will be responsible for any maintenance of the repair for a period of two years after the repair is complete. Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins.

(y)

Trenchless technology or boring.

(1)

The director may require the use of trenchless technology or boring based on the following criteria:

a.

It is in the best interest of the city;

b.

It is technically, commercially, and economically feasible; and

c.

It is not in violation of federal or state regulations or industry safety standards.

(2)

All concrete driveways and streets shall be bored rather than open cut. The length of the bore must be sufficient for meeting the fully improved (ultimate) roadway width as specified in the thoroughfare development plan if sufficient right-of-way exists. If the concrete street is subject to reconstruction within two years, or for other good cause, the director may grant an exception upon request.

(3)

All boring by a public service provider along or across any right-of-way which contains an existing storm sewer or sanitary sewer must be checked with a camera upon completion of the boring activity. The camera recording must sufficiently record the storm sewer or sanitary sewer, and must demonstrate no damage has occurred to the existing storm sewer or sanitary sewer as a result of the boring activity. The camera recording of the existing storm sewer or sanitary sewer must be completed the same day the public service provider completes the boring activity. A copy of the camera recording must be delivered to the city's street department within 24 hours of completion of the boring activity.

(z)

Two-year maintenance period. All construction performed under any permit granted to a public service provider by the city under this article must be maintained to the satisfaction of the director for two years after substantial completion of construction or repair.

(aa)

Variances. Any variance from the requirements of this article must be approved in advance by the director. The director may grant a variance only if an extreme hardship exists and the public health, safety, welfare, and convenience are not adversely affected by granting the variance. The director may not approve any variance that would give a competitive advantage to one public service provider over another public service provider providing the same or similar service. The director may not grant a variance from the indemnity requirements.

(bb)

Weekend work notification. Except in an emergency, the public service provider shall notify the director 48 hours prior to any work requiring a permit proposed for a weekend.

(Ord. No. 2008-08-080, § 2, 8-19-2008; Ord. No. 2018-04-031, §§ 5, 6, 4-3-2018)