(A)   In performing the work covered by the excavation permit, the permit holder shall:
      (1)   Comply with trench safety requirements adopted by federal, state, and local law;
      (2)   Follow the appropriate national safety code, as applicable, regarding design and construction procedures;
      (3)   Compact the backfillings to a density of 95% standard proctor density, as determined by a testing laboratory so as to prevent settling when a trench lies under any city street, or within 18 inches of a city street, and otherwise, to a density which meets the North Central Texas Council of Government specifications, as adopted by the city;
      (4)   Install new facilities located within the right-of-way at a minimum depth approved by the city with the following minimum clearances, except where the city finds an alternate clearance can safely accommodate existing utilities:
         (a)   All conduit that crosses an existing sanitary sewer, or water main shall be buried under the existing pipes and shall have a two-foot minimum vertical clearance at the underside of the existing pipes;
         (b)   All conduit that crosses an existing storm sewer shall have a two-foot minimum vertical clearance from the exterior face of the existing storm sewer; and
         (c)   All conduit that runs parallel to an existing storm sewer, sanitary sewer or water main shall have a three-foot minimum horizontal clearance from the exterior face of the pipes or manholes;
      (5)   Have the obligation to use trenchless technology whenever commercially economical and practical and consistent with obligation on other similar users of the rights-of-way. The city may waive the requirement of trenchless technology if the city determines that the field conditions warrant the waiver, based upon information provided to the city by the permit holder.
      (6)   Ensure that the portion of the right-of-way in which repair work is conducted is, at all times and to the extent practicable, kept free of accumulating water;
      (7)   Promptly remove from the right-of-way all earth, gravel, stone or other material excavated from the area of such repair work, which is not needed for fill material at that location;
      (8)   Erect and maintain information signs of a size of three feet by three feet which state the identity of the person doing the work, telephone number and the permit holder's identity and telephone number 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;
      (9)   Notify the city immediately of any damage to other facilities, either city or privately owned;
      (10)   Ensure that newly installed facilities will not interfere with other facilities, in particular gravity dependent facilities;
      (11)   Comply with city, state and federal regulations and guidelines for storm water management erosion control;
      (12)   Submit to the city a storm water pollution prevention plan (SWPPP) that has been submitted to the Environmental Protection Agency or Texas Natural Resources Conservation Commission or submit a copy of a letter to the EPA stating that the permit holder is not required to obtain such approval; and
      (13)   Maintain a four-foot vertical clearance below the bottom of the proposed stream bed or drainage facilities, if applicable. The applicant shall contact the city to determine whether future improvements to the channel may impact the cable alignment.
   (B)   In performing work on facilities within the right-of-way, a permit holder shall not:
      (1)   Unreasonably interfere with the operation of other facilities or equipment situated within the right-of-way, whether owned or maintained by the city or other utility providers;
      (2)   Use dynamite or other explosives during the excavation without the prior written approval of the city; or
      (3)   Remove locate flags from a location while facilities are being constructed.
   (C)   A permit holder is responsible for the workmanship and any damages by a contractor or subcontractor. The permit holder shall make available a representative of the permit holder to the city at all times during construction.
   (D)   Except in an emergency, the working hours in the rights-of-way are 8:00 a.m. to 6:00 p.m., Monday through Friday. Work that needs to be performed after 6:00 p.m. Monday through Friday must be approved in advance. Any work performed outside these times must be approved 24 hours in advance by the city. Directional boring is permitted only Monday through Friday 8:00 a.m. to 6:00 p.m., unless approved in advance. No work will be done, except for emergencies, on city holidays.
   (E)   A permit holder is responsible for:
      (1)   Physically verifying the location both horizontal and vertical of all affected facilities, or, if required by the city, hand digging or potholing, prior to any excavation or boring, with the exception of work involving only lane closures; and
      (2)   Obtaining line locaters from all affected utilities prior to any excavation. Use of the Geographic Information System or the plans of record does not satisfy this requirement.
   (F)   The city must approve in advance the placement of all manholes and/or handholes. Handholes or manholes shall not be located in sidewalks, unless approved by the city.
   (G)   The city may stop work under the permit at any time upon finding that conditions at the worksite exist that pose an immediate risk of harm to persons and/or property.
(Ord. 1018-2, passed 2-11-2019)