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(a) The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses (including but not limited to streetcars) and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law.
(b) The director is authorized to enter upon a construction site for which a permit is granted under this article or, where necessary, upon private property adjacent to the construction site, for purposes of inspection to determine compliance with the permit or this article.
(c) A person commits an offense if he:
(1) performs, authorizes, directs, or supervises construction without a valid permit issued under this article;
(2) violates any other provision of this article;
(3) fails to comply with restrictions or requirements of a permit issued under this article; or
(4) fails to comply with an order or regulation of the director issued pursuant to this article.
(d) A person commits an offense if, in connection with the performance of construction in the public right-of-way, he:
(1) damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;
(2) damages public or private facilities within the public right-of-way; or
(3) knowingly fails to clear debris associated with the construction from a public right-of- way after construction is completed.
(e) It is a defense to prosecution under Subsection (d)(2) if the person complied with all of the requirements of this article and state law and caused the damage because the facilities in question:
(1) were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and
(2) could not otherwise be discovered in the public right-of-way through the use of due diligence.
(f) A person commits an offense if, while performing any construction or other activity along a public right-of-way (whether or not a building or other permit is required for the activity), the person:
(1) damages the public right-of-way or public or private facilities located within the public right-of- way; or
(2) fails to clear debris associated with the construction or other activity from a public right-of-way.
(g) It is a defense to prosecution under Subsections (f)(1) and (f)(2) that the person was performing all of the construction or other activity along the public right-of-way in compliance with any permit issued for the construction or activity.
(h) A person who violates a provision of this article is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under Subsection (d)(3) or (f)(2) is punishable by a fine of not less than $500 or more than $2,000. Any other offense under this article is punishable by a fine of $500. The culpable mental state required for the commission of an offense under this article is governed by Section 1-5.1 of this code.
(i) This article may be enforced by civil court action in accordance with state or federal law, in addition to any other remedies, civil or criminal, the city has for a violation of this article.
(j) Prior to initiation of civil enforcement litigation, the permittee or any other person who has violated a provision of this article must be given the opportunity to correct the violation within the time frame specified by the director. This subsection does not prohibit the director or the city from taking enforcement action as to past or present violations of this article, notwithstanding their correction. (Ord. Nos. 24495; 26263; 28066)
(a) Nothing in this section relieves any person from obtaining a permit under this article to perform work in the public right-of-way.
(b) In order to protect the public health, safety, and welfare, a public service provider maintaining or operating existing facilities in the public right-of-way, and any other person working in the public right-of-way, must register with the director in accordance with the following requirements:
(1) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities or the person working in the public right-of-way.
(2) Registration expires March 1 of every year after the calendar year in which the first registration occurs. If a registration is not renewed by the expiration date, the director shall furnish written notice to the public service provider or person that the registration has expired. If a public service provider or person fails to renew registration within 30 calendar days after the director gives notice of the expiration, the facilities of the public service provider or person will be deemed to have been legally abandoned.
(3) If information provided as part of the registration changes, the public service provider or person must inform the director in writing not more than 30 days after the date the change occurs.
(4) The public service provider or person shall also include the following with the registration:
(A) The name of the public service provider or person using the public right-of-way, including any business name, assumed name, or trade name the public service provider operates under or has operated under within the past five years.
(B) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission.
(C) The ordinance number of any franchise or license issued by the city of Dallas that authorizes the public service provider or person to use the public right-of-way.
(D) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the public service provider or person. At least one of the addresses must be within the Dallas/Fort Worth metropolitan area.
(E) The name, mailing address, and e-mail address of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person.
(F) The name, mailing address, e-mail addresses, and telephone number of any contractor or subcontractor, if known, who will be working in the public right-of-way on behalf of the public service provider or person.
(G) The names, telephone numbers, and e-mail addresses of at least two persons serving as emergency contacts who can be reached by telephone 24 hours a day, seven days a week. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge.
(H) Proof of existing insurance that complies with the following requirements:
(i) The minimum insurance coverage for a public service provider must be commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate, except that public service providers or persons conducting pavement cuts or excavations not more than 18 inches in depth from the top of the pavement must provide a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence $500,000 products/completed operations aggregate, and $500,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(ii) The insurance filed by a public service provider or person working in the public right-of-way must also meet the same requirements as insurance filed by a permittee under Section 43-140(a)(3) through (a)(7). A public service provider or person registered under this section has the same duties, obligations, and liabilities as a permittee under Section 43-140(a)(3) through (a)(7), except that a public service provider or person registered under this section does not have to file separate proof of insurance every time it obtains a permit to perform work in the public right-of-way.
(iii) If the public service provider or person is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in this subparagraph is sufficient to satisfy the insurance requirements of this subparagraph.
(5) The insurance requirements of Subsection (b)(4)(H) of this section do not apply to:
(A) construction or other activity performed by the city's own departments or by contractors hired by the city and working on city-owned facilities within the public right-of-way; or
(B) a public service provider or person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council. (Ord. Nos. 24495; 26263; 29993)
(a) Any public service provider with facilities in the public right-of-way shall submit plans of record in accordance with the following requirements:
(1) On or before April 1, 2001, a public service provider shall submit to the director a schedule to provide complete plans of record that show all of its facilities existing in the public right-of-way as of the date the plans of record are submitted to the director in compliance with this section. The schedule must provide for all plans of record for existing facilities inside the central business district to be furnished to the director on or before March 1, 2002 and for all plans of record for existing facilities outside the central business district to be furnished to the director on or before March 1, 2003.
(2) On or before March 1 of each calendar year following the initial submittal of its plans of record, a public service provider shall provide to the director plans of record that show all installations of new facilities, and all changes, additions, abandonments, and relocations relating to existing facilities, completed in the previous calendar year, both inside and outside of the central business district.
(3) The plans of record must be provided in a format specified by the director and must contain such detail and accuracy as are required by the director. Plans of record must be submitted in computerized or digital format.
(b) If plans of record submitted under this section include information expressly designated by the public service provider as a trade secret or other confidential information protected from disclosure by state law, the director may not disclose that information to the public without the consent of the public service provider, unless otherwise compelled by an opinion of the attorney general pursuant to the Texas Open Records Act, as amended, or by a court having jurisdiction of the matter pursuant to applicable law. This subsection may not be construed to authorize a public service provider to designate all matters in its plans of record as confidential or as trade secrets. (Ord. Nos. 24495; 26263)
(a) A person shall not perform any construction, except for an emergency activity, within a public right- of-way without first obtaining a permit from the director prior to the start of construction. A person who undertakes any work outside of the public right- of-way that will cut, break, or otherwise damage the public right-of-way shall also obtain a permit under this section. Except as provided in Subsection (b), a permit is required in accordance with this section for the following types of construction, regardless of whether the construction is in or outside of a public right-of-way:
(1) Installation of an above ground utility structure that does not replace an existing facility.
(2) Replacement or upgrade of an existing above ground utility structure with another above ground utility structure.
(3) Replacement of an existing below ground utility structure with an above ground utility structure.
(b) Exceptions.
(1) A permit is not required under Subsection (a) if the activity in or outside of the public right-of-way consists exclusively of:
(A) the placement of an above ground utility structure on property that is not:
(i) zoned as residential; or
(ii) adjacent to property zoned as residential;
(B) the replacement or upgrade of an existing above ground utility structure on or adjacent to property that is zoned as residential when:
(i) the existing structure is less than 39 inches tall; and
(ii) the replacement or upgrade will not increase the size or change the location of the structure; or
(C) maintenance or service to an existing above ground utility structure.
(2) A permit is not required under Subsection (a) if the activity in the public right-of-way consists exclusively of:
(A) a connection of real property to a retail utility service on the same side of the public right- of-way, if the connection does not require a pavement cut; or
(B) the replacement of a single damaged pole.
(c) The following procedures and requirements govern the application for and issuance of a permit required under Subsection (a) of this section:
(1) A permit application must be made in writing on a form approved by the director. The application must be signed and submitted by the owner of the facility for which the permit is requested or, if the work does not involve a facility, by the owner of the improvement for which the permit is requested.
(2) Except in the case of a major project, a permit application must be submitted to the director not less than three business days before commencement of the proposed construction unless emergency activity is required, in which case immediate notice, including the reasons for the emergency activity, must be given to the director. The proposed construction on the project may commence upon issuance of the permit by the director.
(3) A permit application for a major project must be submitted enough time in advance of the commencement of the proposed construction to allow the director at least 30 business days for review. During this project submission review period, schedules, alternatives to cutting the street, utility assignments, special repair requirements, and all other questions will be resolved. Adjustments to time limits specified in the Pavement Cut and Repair Standards Manual may be granted by the director for major project work. The proposed construction on the project may commence upon issuance of the permit by the director.
(4) A permit application must include a statement by the applicant that the applicant has collected all available plans for existing city of Dallas underground facilities and other public and private utilities and has included those facilities and utilities in the applicant's design, showing no apparent conflict. The statement must also affirm that the applicant will perform field verifications as necessary during construction to locate all city and other existing underground facilities.
(5) A permit application for an above ground utility structure in or outside of a public right-of-way must include identification of appropriate locations for the structure that are consistent with the placement criteria set forth in the AGUS Placement Guidelines.
(6) The permit application on any project must include submittal of plans to the director. When required by the Texas Engineering Practice Act, as amended, the plans must be sealed by a professional engineer licensed to practice in the State of Texas. The plans must include the horizontal and vertical alignments of all proposed facilities in relation to all existing public and private facilities in plan view. The plans must clearly show the proposed locations of all above ground utility structures and include a detail view showing the height, width, and depth dimensions of each type of above ground utility structure (including any supporting pad) to be installed. If the project is a major project that is located within the central business district, crosses street intersections, or involves crossing proposed facilities over or under existing facilities, the plans must also include a representation of the vertical alignment of the facilities in profile view. Each sheet of the plans must have a note instructing the contractor to verify the location of underground utilities at least 100 feet in advance of all proposed utility crossings, and also at locations where the proposed facilities are shown to be running parallel to existing facilities within five feet. The plans must be half size (11" X 17") at a scale no smaller than 1" = 40' in plan view and 1" = 6' in profile view. Each project must be assigned a project number, which must appear on each sheet. Plans must be readable with a minimum lettering size of 1/8".
(7) A permit is required even if other authority has been granted by the director to make a pavement cut or excavation in a public right-of-way as part of a city construction project.
(8) The director shall state on the permit the activity for which the permit is issued and include any additional restrictions or requirements determined necessary by the director.
(9) 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.
(10) The permittee shall, as an express condition of the permit, comply in all respects with the requirements prescribed for the permitted activity in the Pavement Cut and Repair Standards Manual, the AGUS Placement Guidelines, and the Design Manual, as applicable; and with all other city ordinances and state or federal laws or regulations affecting the permitted activity.
(11) The director shall notify persons who registered under Section 43-137 during the previous calendar year of pavement surfaces to be reconstructed or resurfaced by the city during the next calendar year.
(12) A person or public service provider planning construction within the public right-of-way shall notify the director by March 1 of each year of all then-known facility expansion or replacement projects planned for the next fiscal year that may require pavement cuts or excavations.
(13) The director may require any permittee to use trenchless technology or boring, instead of disturbing a public right-of-way surface, if it is:
(A) in the best interest of the city;
(B) technically, commercially, and economically feasible; and
(C) not in violation of federal or state regulations or industry safety standards.
(14) Directional drilling or boring may not be used in the central business district, unless otherwise approved by the director as being in the best interest of the public health, safety, welfare, and convenience.
(15) In using trenchless technology or boring, whether or not required under Paragraph (13) of this subsection, the permittee must:
(A) obtain and have at the construction site recent plans from the city's water utilities department, and, where available, plans from owners of all other underground facilities, showing the horizontal and vertical placement of the underground facilities, if the permittee's proposed facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet of existing facilities at any point;
(B) locate all water main lines by potholing, if the permittee's proposed facilities will:
(i) cross other existing facilities; or
(ii) be located within five feet of existing facilities at any point; and
(C) be able to locate the bore head at all times in accordance with the latest technologies and provide the location of the bore to the director upon request.
(16) The permittee shall maintain the construction area in a public right-of-way in a manner that avoids dust, other health hazards, and hazards to vehicular and pedestrian traffic until the public right-of-way is permanently repaired.
(17) When making a pavement cut or excavation, or placing spoils 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 cut, excavation, spoils, or excavated material in compliance with the latest Edition of the Texas Manual on Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and City of Dallas requirements. Excavated material and debris must be removed from the right-of-way on a daily basis.
(18) The director may require the permittee to share trench space to minimize the disruption of vehicular and pedestrian traffic or to provide space for needed city facility installations if such sharing is:
(A) technically, commercially, and economically feasible; and
(B) not in violation of state or federal regulations or industry safety standards.
(19) A traffic control plan must be submitted with the permit application and must include detailed drawings showing the proposed traffic controls for vehicular and pedestrian traffic for each phase of the proposed work in the public right-of-way. Traffic control plans must show necessary pedestrian sidewalk detours, crosswalk closures, temporary covered walkways, or scaffolding for the safety of pedestrians that comply with the requirements of the latest edition of the Texas Manual of Uniform Traffic Control Devices, as amended, published by the Texas Department of Transportation and City of Dallas requirements. Traffic control plans must be approved by the City of Dallas before commencing work.
(20) The permittee must affirm on the permit application that the permittee has complied with the pre-construction notice requirements in this article.
(21) The director may prohibit street excavation when a permittee seeks to install facilities in a design district or in an area that is part of a major project, unless the permittee can show that existing facilities are unavailable to serve the current needs of the permittee or the permittee's existing customers, whether through facilities owned by the permittee or are otherwise available.
(d) The following additional procedures apply if it is necessary to close, in whole or in part, a public right- of-way for purposes of making a pavement cut or an excavation:
(1) For any closure of a traffic lane or blocking of a sidewalk or alley lasting one day or less, the permittee shall conspicuously mark its vehicles with the permittee’s name and telephone number.
(2) Any closure of a traffic lane or blocking of a sidewalk or alley lasting longer than one day must be identified by a sign that is clearly legible to the traveling public. The sign must be posted at or in close proximity to the worksite and must contain:
(A) the name of the permittee;
(B) the name of the person performing the construction on behalf of the permittee, if any; and
(C) a local 24-hour contact number that can be used in case of emergency or to answer any questions.
(3) The requirements of Paragraphs (1) and (2) of this subsection are in addition to any other signage, barricades, or warning devices required by law or ordinance. The sign information required by Paragraph (2) of this subsection may be included on barricades or warning devices.
(4) When permitted construction will last longer than two weeks, the permittee shall give written notification to all adjacent property occupants by conspicuously posting the notification on each adjacent property at least 72 hours before commencement of construction, unless the director determines that an emergency exists.
(5) If a street or alley must be totally closed for any duration, the permittee shall provide for reasonable alternative access to the adjacent property by the property’s occupants and invitees, which access must include but is not limited to deliveries to the property.
(6) If construction on a partially closed thoroughfare stops for the day, all thoroughfare lanes must be reopened to traffic, unless an extended time of closure is expressly granted by the permit.
(7) If a pavement cut is to be covered, the permittee shall use steel plates, or equivalent plates, of sufficient strength and thickness to support all traffic.
(8) Plates must be sufficiently secured in place so as not to become dislodged or in any way cause a hazard to any traffic or cause any loud and disturbing noises and vibrations through the use of materials such as asphalt, flexible plastic gaskets, wedges, or other non-asphaltic devices. Transitions must be placed as required with a minimum 2:1 slope to provide a reasonably smooth riding surface.
(9) Plates must be marked with the name of the person performing the construction and with a local 24-hour contact number that can be used in case of an emergency, unless a sign complying with Paragraph (2) of this subsection is posted at or in close proximity to the worksite.
(e) Unless it becomes necessary to conduct emergency activity, a permittee shall not cause or allow interference with traffic flow on a thoroughfare, arterial, or a community collector during the hours of 6:30 a.m. through 9:30 a.m. and 3:30 p.m. through 6:30 p.m., Monday through Friday.
(f) A temporary repair may not remain on public right-of-way for more than 14 calendar days after the completion of the repair or installation of the 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 repair remaining in the public right-of-way beyond the 14-day time limit and make permanent repairs. Any exception to the 14-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.
(g) If no construction has commenced under a permit within 60 calendar days after issuance of the permit, the permit becomes null and void, and a new permit is required before construction may be performed in the public right-of-way or, for an above ground utility structure, in or outside of the public right-of-way. An extension to a permit may be granted by the director only before the permit expires.
(h) The director may refuse to issue a permit if:
(1) the proposed construction will substantially interfere with vehicles or pedestrians and no procedures, or procedures inconsistent with this article, have been implemented to minimize the interference;
(2) the proposed construction will substantially interfere with another activity for which a permit has been issued, or will conflict or interfere with existing facilities already in the public right-of- way;
(3) the proposed barricading, channelizing, signing, warning, or other traffic control procedures or equipment do not comply with the requirements of the 1980 edition of the Texas Manual on Uniform Traffic Control Devices, as amended;
(4) the proposed construction, incidental traffic control, or other permitted activity, or the manner in which it is to be performed, will violate a city ordinance or regulation or a state or federal statute or regulation;
(5) the permittee:
(A) failed to furnish all the information required by this article;
(B) knowingly or intentionally furnished materially false or incorrect information to the director;
(C) failed, except for good cause shown, to file the application on the approved form within the time limits prescribed by this section;
(D) failed or refused to submit plans of record as required under Section 43-138;
(E) was convicted of violating a provision of this article twice within the two-year period immediately preceding the date of application;
(F) failed to furnish or have on file with the director the insurance required under this article;
(G) is not in compliance with applicable requirements of an existing permit issued under this article;
(H) has not obtained a current copy of the Pavement Cut and Repair Standards Manual from the director; or
(I) failed to comply with the AGUS Placement Guidelines without having received a waiver by the director under Section 43-141.
(i) The director may suspend construction or revoke an issued permit on the same grounds on which a permit may be denied under Subsection (h), or if the permittee:
(1) commences or performs construction in violation of an applicable requirement of this article or the permit;
(2) creates or is likely to create a public health or safety hazard by performance of the construction in question;
(3) fails to comply with an order or regulation of the director;
(4) fails to comply with restrictions or requirements of other city ordinances or state or federal laws or regulations applicable to the construction; or
(5) commences or performs work without having prior knowledge and understanding of the applicable repair standards or without having obtained a current copy of the Pavement Cut and Repair Standards Manual from the director.
(j) The director shall provide written notice of a suspension or revocation to the permittee or the person hired by the permittee to perform the construction. Construction that is suspended may not resume until the director determines that the permittee has corrected the violation, noncompliance, or hazard that caused the suspension. A permit that has been revoked may be reinstated by the director if the director determines that:
(1) the permittee has corrected the violation, noncompliance, or hazard that caused the revocation; and
(2) the health or safety of the public is not jeopardized by reinstating the permit.
(k) 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 is not adversely affected by granting the variance. The director may not approve any variance that would give a competitive advantage to one person over another person providing the same or similar service. The director may not grant a variance from the indemnity requirements of Section 43-140(d). (Ord. Nos. 24495; 26263; 29993; 30620; 31209)
(a) The terms used in this section have the meanings ascribed to them in Chapter 284 of the Texas Local Government Code, as amended.
(b) A person shall not construct, place, install, replace, upgrade, repair, or collocate a network node or related infrastructure, including poles, within a public right-of-way without first obtaining a permit from the director.
(c) Permit applications must be accepted and processed as provided in the Design Manual and in accordance with Chapter 284 of the Texas Local Government Code, as amended. A permit application for a network node must be accompanied by a fully executed pole attachment agreement for the proposed location or an approved permit for a node support pole at the proposed location in order for the application to be deemed complete. The director shall deny applications that do not include required materials and information in accordance with state law and the Design Manual.
(d) A person shall not file, or have pending, more than 30 permit applications for the installation or collocation of network nodes at any time.
(e) Permit fees and compensation for use of the right-of-way and any city infrastructure pursuant to Chapter 284 of the Texas Local Government Code, as amended, shall be as provided by state law and the Design Manual.
(f) The placement, installation, or collocation of a network node or related infrastructure, including poles, in a design district with decorative poles or in a district the city has designated as historic, is subject to additional design, concealment, and aesthetic standards, as set out in the Design Manual.
(g) A network provider shall not install a new node support pole in a public right-of-way if the public right-of-way is:
(1) adjacent to property under the control and jurisdiction of the park board; or
(2) adjacent to a street or thoroughfare that is not more than 50 feet wide and adjacent to property zoned for residential uses, as that term is defined by the Dallas Development Code, or deed restriction.
(h) Designations.
(1) Any area that meets the definition of a design district under this article is hereby designated a design district for purposes of Chapter 284 of the Texas Local Government Code, as amended.
(2) Any area within the city without utility poles is hereby designated as an underground district pursuant to Chapter 284 of the Local Government Code, as amended, and is subject to additional design, concealment, and aesthetic standards as set out in the Design Manual.
(i) A person acting under this section shall do so in accordance with the terms of the permit, the Design Manual, and all applicable city ordinances, state, and federal laws. (Ord. 30620)
(a) As an express precondition to being granted a permit to perform construction within a public right- of-way, the permittee shall furnish the director proof of existing insurance in accordance with the following requirements:
(1) If the construction will require a pavement cut or excavation not more than 18 inches in depth and 300 feet in length, the permittee must provide proof of commercial general liability insurance (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $500,000 per occurrence, $500,000 products/completed operations aggregate, and $500,000 general aggregate. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(2) If the construction will require a pavement cut or excavation exceeding either 18 inches in depth or 300 feet in length, the permittee must provide proof of commercial general liability insurance, or any combination of general liability and umbrella/excess insurance, (including, but not limited to, premises operations, personal and advertising injury, products/completed operations, and independent contractors and contractual liability) with a minimum combined bodily injury (including death) and property damage limit of $25,000,000 per occurrence, $25,000,000 products/completed operations aggregate, and $25,000,000 general aggregate. The liability insurance policy must also include coverage for explosion, collapse, and underground hazards. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(3) Each policy must include a provision that requires the insurance company to notify the city in writing at least 30 days before canceling or failing to renew the policy or before reducing policy limits or coverages.
(4) The permittee agrees, with respect to the insurance coverage required by this subsection, to waive subrogation against the city and its officers and employees for bodily injury (including death), property damage, or any other loss.
(5) The insurance coverage required by this subsection is considered primary insurance in regard to the city and its officers, employees, and elected representatives.
(6) Proof of insurance in the form of an original industry standard certificate of insurance showing the city as an additional insured must be provided to the director prior to any commencement of work by the permittee. The certificate of insurance must be executed by the insurer or its authorized agent and must state specific coverage, limits, and expiration dates in accordance with the requirements of this subsection.
(7) The permittee shall make available to the director, upon request, a copy of the insurance policy, including any endorsements, riders, and amendments to the policy and any statements respecting coverage under the policy.
(b) A permittee who is a public service provider who has registered and filed proof of insurance under Section 43-137 of this article is not required to furnish separate proof of insurance under this section when obtaining a permit, but must comply with all other requirements of this section.
(c) If the permittee is an entity that has a tangible net worth ratio of 3 to 1 (assets to liabilities) with a minimum tangible net worth of at least $100,000,000, proof of self-insurance sufficient to meet the coverage required in Subsection (a) is sufficient to satisfy the requirements of that subsection.
(d) The following indemnity provisions apply to a public service provider registered under Section 43-137 and are also included by reference as express terms of a permit issued under this article:
(1) A permittee who is a certificated telecommunications provider as defined in Chapter 283, Texas Local Government Code, as amended, or a network provider as defined by Chapter 284 of the Texas Local Government Code, as amended, agrees to give to the city the indemnity provided in Section 283.057, Texas Local Government Code, as amended.
(2) A permittee, other than a certificated telecommunications provider described in Paragraph (1) of this subsection, expressly agrees to fully and completely defend, indemnify, and hold harmless the city and its officers, agents, and employees, against any and all claims, lawsuits, judgments, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by any negligent, grossly negligent, wrongful, or strictly liable act or omission of the permittee or its agents, employees, or contractors, in the performance of work or activity pursuant to the permit issued under this article, regardless of whether or not the negligence, gross negligence, wrongful act, or fault of the city or its officers, agents, or employees, contributes in any way to the damage, injury, or other harm. The requirement of the permittee to defend the city also unconditionally applies regardless of whether or not the negligence, gross negligence, or fault of the city or its officers, agents, or employees contributes in any way to the damage, injury, or other harm. Nothing in this paragraph may be construed as waiving any governmental immunity available to the city under state law. This provision is solely for the benefit of the permittee and the city and is not intended to create or grant any rights, contractual or otherwise, in or to any other person.
(e) This section does not apply to:
(1) construction or other activity performed by the city’s own forces or by contractors hired by the city and working on city-owned facilities within the public right-of-way;
(2) a person operating facilities or performing construction pursuant to a valid existing franchise or license approved by the city council; or
(3) construction or repair of a sidewalk or driveway approach for an abutting single-family or duplex residential property owner. (Ord. Nos. 24495; 26263; 30620)
(a) General. As an express precondition to being granted a permit to perform construction within a public right-of-way, the permittee shall furnish the director a performance bond, letter of credit, or cash deposit, complying with this section, for any project that involves pavement excavation or boring for the installation of a new facility or for a significant facility relocation other than an excavation or boring for a localized new service line installation or facility repair. Without exception, the city’s forms must be used, and exclusive venue for any lawsuit is specified as Dallas County. A performance bond will automatically be increased by the amount of any change order, which increases the contract price with or without notice to the surety, but in no event may a change, which reduced the contract amount, reduce the penal sum of the bond.
(b) Amount. A good and sufficient bond, letter of credit, or cash deposit must be in an amount not less than 100 percent of the total cost, as determined by the director, of those items of work associated with the temporary and permanent repair of the city’s infrastructure, including, but not limited to backfill, pavement base, street pavement, curb and gutter, drive approaches, sidewalk, sod, irrigation, landscape, traffic control devices, signs, and pavement markings, thereby guaranteeing the full and faithful execution of the work and performance of the contract in accordance with the plans, specifications, and contract documents, including any extensions thereof, for the protection of the city. The bond, letter of credit, or cash deposit agreement must provide for the repair and/or replacement of all defects due to faulty materials and workmanship that appear within a period of one year from the date of completion and acceptance of the work by the city. The permittee may choose to have the amount determined on a per project basis or an aggregate basis. If on an aggregate basis, the amount of a single bond, letter of credit, or cash deposit must be sufficient to cover all of permittee’s projects outstanding at any one time. If the amount of the permittee’s outstanding projects exceeds an existing bond, letter of credit, or cash deposit, the permittee shall immediately increase it or post a new bond, letter of credit, or cash deposit to cover the project that has caused the deficiency.
(c) Sureties. No surety may be accepted by the city who is in default or delinquent on any bonds or who is interested in any litigation against the city. All bonds must be made on the forms furnished by the city and must be executed by not less than one corporate surety authorized to do business in the State of Texas and acceptable to the city. Each surety must be listed in the most current Federal Register Treasury List. The permittee and the surety shall execute each bond. The surety shall designate a resident agent in the city of Dallas acceptable to the city to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship. The city reserves the right to reject any and all sureties.
(d) Additional or substitute bonds. If at any time the city is or becomes dissatisfied with any surety on a performance bond, the permittee shall, within five days after notice from the city to do so, substitute an acceptable bond, or provide an additional bond, in such form and sum signed by such other surety as may be satisfactory to the city. The premiums on the bonds must be paid by the permittee without recourse to the city.
(e) Letter of credit. In lieu of a performance bond, a permittee may provide an irrevocable letter of credit. Each letter of credit must be made on a form furnished by the city.
(f) Cash deposit. In lieu of a performance bond, a permittee may make a cash deposit, for the benefit of the city, pursuant to an agreement in a form acceptable to the city attorney. (Ord. Nos. 25409; 25693; 26263)
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