(A) A permittee shall cause all work performed within the public right-of-way to be performed in a good and workmanlike manner and in faithful and strict compliance with the permit, this chapter, other city ordinances, and regulations promulgated by the Director relating to construction within the public right-of-way.
(B) The installation, replacement, repair, or maintenance of any city facility by the permittee shall be subject to inspection and approval by the city. The permittee agrees to cooperate fully with the city in conducting the inspection. Such inspections shall be conducted concurrent with the installation, replacement, repair, or maintenance affecting the city's facilities and a final inspection shall be made within a reasonable time after completion of the project. The permittee shall promptly perform remedial action required by the city pursuant to such an inspection.
(C) The permittee 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 is permanently restored. Specific construction requirements are contained in the Public Right-of-Way Permitting and Construction Manual, as amended.
(D) A permittee performing construction in the public right-of-way shall, upon completion of the work, restore the public right-of-way to a condition that is equal to or better than the condition of the public right-of-way prior to construction in a manner prescribed by the Public Right-of-Way Permitting and Construction Manual, as amended.
(E) The permittee 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.
(F) The permittee 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.
(G) If facilities are placed on private property, the public service provider shall contact property owners and acquire easements or remove the facilities from private property.
(H) When making a pavement cut or excavation, or placing soils or excavated material in or along a public right-of-way, the permittee 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. These traffic control devices shall be placed in accordance with the Texas Manual on Uniform Traffic Control Devices requirements.
(I) If a street or alley must be totally closed for any duration, the permittee 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 day, the permittee shall provide a reasonable alternative for pedestrian access.
(J) Sidewalks designated as school routes shall be open at all times on days that school is in session, or a reasonable alternative shall be provided before work commences. To be considered a reasonable alternative, a sidewalk shall provide 36 inches minimum surface width.
(K) Except in an emergency situation, if a person's work in the right-of-way will alter trees or shrubbery located within any public right-of-way, the person shall first notify the adjacent property owners.
(L) A person commits an offense if the person cuts, defaces or in any way injures a tree or shrub located within a public median without prior approval from the Director or his designated representative. It is a defense to prosecution that the person is topping trees to accommodate overhead utility service.
(M) Temporary restoration of the public right-of-way may not remain for more than ten business days after the completion of a repair or installation of an underground structure or facility, unless a time extension has been granted by the Director. The city may, at the expense of the permittee or other responsible person, remove any temporary restoration remaining in the public right-of-way beyond the ten-day time limit and make permanent repairs. Any exception to the ten-day time limit, other than a relocation of a facility in advance of a city construction project in the public right-of-way, must be approved by the Director prior to expiration of the time limit.
(N) Except in an emergency, the permittee shall notify the Director in writing 48 hours prior to any work requiring a permit proposed for a weekend.
(O) The contractor will maintain at all times on the job site a responsible person proficient in speaking the English language, authorized to receive and relay instructions from the city.
(P) A permittee shall:
(1) Maintain a copy of the excavation permit and accepted engineering plans at the construction site available for inspection by the Director at all times when construction or installation work is occurring;
(2) Complete all construction work authorized by the permit in the time specified in the permit, unless the permittee has obtained an extension from the Director; and
(3) Provide the Director access to the work and to such further information he or she may reasonably require to ensure compliance with the permit.
(Q) All concrete driveways and streets shall be bored rather than open cut. If the concrete street is planned to be reconstructed within two years, or for other good cause, the Director may grant an exception upon request.
(R) No pavement cuts in newly constructed, reconstructed, or resurfaced (greater than one inch) asphalt streets shall be made for 60 months after the substantial completion of the street work. The Director may grant an exception based on the public service provider's written demonstration, if he finds that the following criteria have been met:
(1) Boring or jacking without disturbing the pavement is not practical due to physical characteristics of the street or alley or other utility conflicts; and
(2) Alternative utility alignments that do not involve excavating the street or alley are found to be impracticable; and
(3) The proposed excavation cannot reasonably be delayed until the 60 months deferment period has lapsed; or
(4) Emergency service restoration is required and no other timely alternatives are
available; or
(5) New technology that sufficiently minimizes damage to the pavement structure is
available; or
(6) A utility line required to be located is under the street.
(S) The Director may require the use of trenchless technology or boring based on the following criteria:
(1) It is in the best interest of the city; and
(2) It is technically, commercially, and economically feasible; and
(3) It is not in violation of federal or state regulations or industry safety standards.
(T) The permittee 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.
(U) The permittee shall 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.
(Ord. 06-2006-46, passed 6-13-06) Penalty, see § 157.99