(A) For purposes of this section, the term
TRENCH shall have the meaning assigned that term in the standards promulgated by the Occupational Safety and Health Administration.
(B) On all construction projects for the city within the boundaries of the city or in its extraterritorial jurisdiction, which are subject to the provisions of this subchapter and/or any other city ordinance pursuant to which a construction or building permit is required and in which trench excavation will exceed a depth of five feet, the bid documents provided to all of the bidders and the contract shall include:
(1) A reference to the Occupational Safety and Health Administration's standards for trench safety that will be in effect during the period of construction of the project;
(2) A copy of any special shoring requirements imposed by the city with a separate pay item for any such special shoring requirements based upon the square feet of shoring used;
(3) A copy of any geotechnical information that was obtained for use by the contractor in the design of the trench safety system; and
(4) A separate pay item for trench excavation safety protection based on the linear feet of the trench excavated.
(C) On all construction projects within the boundaries of the city or in its extraterritorial jurisdiction, which are subject to the provisions of this subchapter and/or any other city ordinance pursuant to which a construction or building permit is required and in which a contractor is employed and the trench excavation will exceed five feet, the owner and the contractor must execute a written contract concerning trench safety. The project bid documents, if bids are used, and the written contract must include:
(1) A reference to the Occupational Safety and Health Administration's standards for trench safety that will be in effect during the period of construction of the project;
(2) A copy of any special shoring requirements imposed by the city, with a separate pay item for any special shoring requirements based upon the square feet of shoring used;
(3) A copy of any geotechnical information obtained by the owner for use in the design of the trench safety systems; and
(4) A separate pay item for trench excavation safety protection based on the linear feet of the trench excavated.
(D) Each applicant for a permit on a project subject to the provisions of division (C) above shall certify in writing to the city that the bid documents, if bids are used, and the written contract satisfy the requirements set forth in division (C). In addition to or in lieu of requiring the filing of such certification, the city may, in its discretion, require the applicant to produce for inspection or to file with the city a copy of the contract that complies with division (C). In addition to any other grounds authorized by city ordinance on which the city may refuse to issue a construction, building or excavation permit, the city shall refuse to issue a permit to an applicant who fails to comply with the provisions of this division.
(E) It shall be the duty and responsibility of the contractor and all of its subcontractors to be familiar and comply with all of the requirements of federal and state laws, including the Occupational Safety and Health Act of 1970 (OSHA) and all amendments thereto, and to enforce and comply with all the provisions thereof.
(F) The contractor shall have a competent person or persons as required under the Occupational Safety and Health Act, on site to inspect the work and to supervise the conformance of the contractor’s operation with federal regulations. The contractor shall make daily inspections of the trench safety systems to ensure that the systems meet OSHA requirements. Daily inspections are to be made by a competent person provided by the contractor.
(G) The contractor shall indemnify and hold harmless the city, its employees and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death to persons resulting from the collapse or failure of the trenches constructed under a permit issued by the city.
(H) The contractor acknowledges and agrees that this indemnity provision provides indemnity for the city in case the city is negligent either by act or by omission in providing for trench safety, including, but not limited to inspections, failure to issue stop work orders, and the hiring of the contractor, if hired by the city.
(I) The requirements of this section do not apply to persons or entities subject to the safety standards adopted under Tex. Transp. Code § 111.002 and the administrative penalty provisions of Tex. Transp. Code § 111.057.
(J) The requirements of divisions (C), (D), (E), (F), (G) and (H) above do not apply to a contract governed by Tex. Rev. Civ. Stat. Ann. Art. 601b or Tex. Rev. Civ. Stat. Ann. Art 2368a.6.
(Ord. 880202, passed 2-2-1988; Ord. 891219, passed 12-19-1989)