(A) On all construction projects for the city in which trench excavation will exceed a depth of five feet, the bid documents and the contract shall:
(1) Require the contractor to construct an adequate trench safety system that meets federal Occupational Safety and Health Administration (OSHA) standards;
(2) Include a copy of the current OSHA standards for trench safety systems;
(3) Require the apparent low bidder, after bid opening but before formal execution of the contract, to submit a trench safety system designed and sealed by a professional engineer registered in the State of Texas;
(4) Require the contractor to provide the soil borings and soil analysis necessary to design the trench safety system;
(5) Require the contractor, prior to the issuance of a start-work order, to submit a trench safety program that meets OSHA standards governing the presence and activities of individuals working in and around trench excavations;
(6) Include a separate pay item for the trench safety systems and the trench safety program;
(7) Require the contractor to make daily inspections of the trench safety system and trench safety program to ensure compliance with OSHA standards and to maintain a permanent record of such daily inspections; and
(8) Provide that the contractor, not the city, is responsible for ensuring the safety of those persons working in and around the trench excavation and shall require the contractor to indemnify and hold harmless the city, its employees and agents from any and all damages, costs (including, without limitation, legal fees, court cost and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under the contract. The contractor shall acknowledge and agree that such indemnity provision provides indemnity for the city in case the city is negligent either by act or omission in providing for trench safety, including but not limited to inspections, failure to issue stop-work orders and the hiring of the contractor.
(B) The requirements of this section shall not apply to persons subject to the safety standards adopted under Tex. Utilities Code, §§ 121.201 et seq.
(`87 Code, § 29-41) (Ord. 1988-1, passed 3-1-88; Am. Ord. 2002-19, passed 2-19-02)