(a) In addition to the other requirements of this article, a pavement cut, excavation, or repair necessitated by or as a result of construction inside or outside of the public right-of-way must comply with all of the requirements contained in this section.
(b) General.
(1) A pavement cut in the public right-of-way may be made prior to obtaining a permit only if a valid need to perform emergency activity exists. Immediate notice, including the reasons for the emergency activity, must be given to the director. Whenever an emergency activity cut is made, application for a permit must be made not later than the second business day following commencement of the emergency activity;
a. A pavement cut in a newly constructed, reconstructed, or resurfaced street may not be made for 60 months after the substantial completion of the work, unless repairs are made in compliance with the Pavement Cut and Repair Standards Manual.
b. The permittee and any person responsible for construction shall protect the public right-of-way surface, drainage facilities, and all other existing facilities and improvements 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. Adequate provisions must be made to ensure that traffic and adjacent property owners experience a minimum of inconvenience.
c. Five-year maintenance period.
1. 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 regulations promulgated by the director relating to construction within the public right-of-way.
2. All construction performed under any permit granted to a permittee by the city under this article must be maintained to the satisfaction of the director for five years after the date of completion of the construction or repair.
3. Any damage to, or any defect or other problem in, the permitted construction occurring at any time within five years after the completion of work under the permit must be corrected to the satisfaction of the director within ten days after the director gives notice to the permittee to correct the damage, defect, or other problem.
4. The opinion of the director as to the necessity of correcting any damage, defect, or other problem is binding on all parties.
d. Repairs.
1. All damage caused directly or indirectly to the public right-of-way surface or subsurface outside the pavement cut or excavation area will be regarded as a part of the pavement cut or excavation and must be included in the total area repaired. If repaired by the city, the permittee shall reimburse the city for the actual direct and indirect costs of the repair.
2. The director shall notify the permittee if the backfill on a permitted construction settles at any time during the five-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 permittee shall schedule appropriate repair work and promptly notify the director of the anticipated dates of commencement and completion of the repair work. If the repair work is not commenced or completed within the agreed-upon time schedule, or if no response is received by the director within 24 hours after notification to the permittee, the repair work may be performed by the city. The permittee shall reimburse the city for the actual direct and indirect costs of any repair work performed by the city.
3. The permittee shall notify the director at least 24 hours before commencing any repair operations under subsection (b)(1)d.2 of this section.
e. Trench safety.
1. Trench safety systems that meet U.S. Occupational Safety and Health Administration standards are required for construction in which trench excavation will exceed a depth of five feet.
2. Subsection (b)(1)d.1 of this section does not apply to a construction contract entered into by a permittee that is subject to the safety standards adopted under Texas Utilities Code ch. 121, as amended.
(Ord. No. 033-2017, Exh. A(17-28.080), 8-22-2017)