HomeMy WebLinkAboutWS Item 01 - Right of Way Management OrdinanceF..- MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER S-� �-,J ��3
MEETING DATE: APRIL 4, 2000
SUBJECT: WORKSHOP - RIGHT-OF-WAY MANAGEMENT ORDINANCE
The Staff will present the draft Right of Way (ROW) ordinance that addresses the
management of the public rights of way with regard to public utility and
telecommunications companies.
As a result of changes in the telecommunications industry and, specifically, House Bill
1777 (which eliminated telephone franchise agreements), the Staff began examining the
need to develop new and improve existing ROW policies. Competition among new and
old providers of telephone, internet and high speed data transmission, and cable
programming has grown tremendously due to technological advances. A number of
companies have demonstrated an interest in entering the Grapevine market and in
placing facilities in the ROW. Clarence West has consulted with Staff on
telecommunications issues and public ROW management relative to new rules under
the Public Utility Commission.
On the same note, the passage of Senate Bill 7 and deregulation of the electric industry
will create a competitive environment to which any number of electric companies could
be serving customers in Grapevine. Given those major industry changes, the
implementation of effective measures to insure the protection and management of the
city's public ROW is now critical and timely.
The Staff conducted research on different ROW policies implemented successfully in
Texas and in other states facing these issues. A comprehensive document was
developed last fall. The Staff coordinated two meetings inviting current and interested
users of the public right of way to discuss a variety of issues such as permitting,
assignment of space, restoration, inspections, signage, etc. on September 22nd and
October 20'. The companies represented at the meetings included TXU, Paragon
Cable, ACSI, MCI Worldcom, GTE, SWB, and Caprock Communications. Based on the
feedback received from representatives at those meetings, the Staff re-created the
document using the City of Irving's ordinance as a guideline. The draft ordinance was
written and modified per our legal and telecommunications consult so that the final
document (as presented) comprehensively addressed ROW issues.
Upon completion of the draft ROW ordinance, the Staff sent copies of it to the company
representatives. The Staff is in the process of meeting with those company
representatives discussing the ordinance and the process for its adoption.
March 30, 2000 (3:34PM)
An executive summary and the ordinance are attached for your review. With the City
Council's support, the Staff will schedule the ordinance for approval at the April 18"'
meeting. The City Attorney and Clarence West have reviewed the document and
recommend the City Council move forward with its implementation.
0:\agenda\040400\W KSHP_ROWORD
March 30, 2000 (3:34PM)
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inance
Right -of -Way i
Executive Summary
The Right -,of -Way Management Ordinance was written in anticipation of a
proliferation of utility companies competing for space in the City's Rights -of -Way
due to the impending utility deregulation. It also addresses another side effect of
utility deregulation, the demise of Franchise Agreements. With House Bill 1777,
telecommunication companies are no longer required to have municipal consent
to occupy public rights-of-way. Rules and regulations were needed effectively
manage the use of public rights-of-way and easements. This ordinance insures
that we maintain our police powers to manage our own public ways by requiring
registration, permitting, insurance, establishing construction standards and
requiring indemnification.
Any utility company wishing to use a public right-of-way or easement will be
required to register with the City and acquire a construction permit. The
registration provides basic information on the entities placing facilities within our
rights-of-way and requires proof of insurance and bonding. The permitting
requires plans to be submitted and specific dates identified for the construction.
Construction details are attached to the ordinance to provide uniform and
adequate restoration of the rights-of-way. Signs are required in advance of and
along the construction area identifying the owner, the contractor and providing
telephone numbers. Traffic lane closures will be limited to certain hours to avoid
unnecessary congestion or delays. Standards are established for handling of
mud and storm water generated from construction sites.
Other provisions of this ordinance requires as -built plans to allow the City to track
the locations of utilities in public rights-of-way, requires the utility to relocate their
facilities for public works projects, requires aerial utilities to assist in the moving
of houses or bulky structures through the City and requires the prompt removal of
any tree trimmings. Certain standards are set to determine if facilities are
improperly installed.
The utilities are generally given five working days to restore their construction site
after work is complete. The site must be restored to a condition at least as good
as it was prior to construction. Trenches must be leveled and any ground cover,
shrubs or sprinkler systems must be repaired or replaced.
At the request of the utility companies, this ordinance was patterned after an
ordinance adopted by the City of Irving. It incorporates some aspects of a draft
ordinance prepared for a coalition of cities of which Grapevine is a member.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS,
REPEALING SECTIONS 20-8, 20-9, 20-10, 20-11 AND 20-
24 OF THE CODE OF ORDINANCES OF THE CITY OF
GRAPEVINE, TEXAS; AND ADOPTING THIS ORDINANCE,
"MANAGEMENT OF PUBLIC RIGHTS-OF-WAY", IN
ORDER TO ADMINISTER AND REGULATE THE USE OF
PUBLIC RIGHTS -OF WAY IN THE PUBLIC INTEREST,
HEALTH SAFETY AND WELFARE; PROVIDING FOR THE
ISSUANCE AND REGULATION OF CONSTRUCTION
PERMITS; PROVIDING PENALITIES FOR VIOLATION OF
THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; AND THEREBY ADOPTING STANDARDS FOR
MANAGEMENT OF PUBLIC RIGHTS-OF-WAY.
WHEREAS, the City of Grapevine Director of Public Works has reviewed the
policies of the City of Grapevine (the "City") regarding management of Public Rights -of -
Way within the jurisdiction of the City and has determined that said policies are
insufficient to protect the health, safety and welfare of the citizens of the City; and,
WHEREAS, in accordance with applicable federal, including, but not limited to,
47 U.S.C., Section 253(c) and state laws, including, but not limited to, Texas Utility
Code, Section 14.008 and Section 54.205, Texas Civil Statutes, Article 1175(2) and the
Local Government Code, Section 283.056, the City seeks to exercise its historical rights
to control and manage its Public Rights -of -Way in a competitively neutral and
nondiscriminatory basis; and implement certain police power regulations in the use of
those Public Rights -of -Way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section I. Chapter 20 of the City Code of Ordinances is hereby amended by
repealing Sections 20-8, 20-9, 20-10, 20-11 and 20-24 in their entirety.
Section 1.01 FINDINGS, The City Council finds that:
(a) Establishing a permitting process to improve coordination of work in Public
Rights -of -Way under City jurisdiction will ease traffic congestion and limit inconvenience
to citizens of and visitors to the City.
(b) The permitting process is necessary to enhance the public's access to
information about construction in Public Rights -of -Way, and to protect and preserve the
valuable investment of the City's taxpayers in the construction and maintenance of the
Public Rights -of -Way.
(c) The permitting process is necessary to minimize the impact of
construction on neighborhood residents and businesses by enforcing cleanliness and
safety standards for construction sites', imposing strict timelines for construction, and
requiring Owners to install finished pavement with a uniform visual appearance and
uniform structural integrity.
(d) The permitting process is necessary. to allow the City to properly enforce
violations of this Ordinance by the imposition' of civil, criminal, or administrative
penalties.
(e) In an effort to minimize disruption caused by Construction in Rights -of -
Way, the City may create an Advisory Utility Coordination Committee that will be
responsible for planning and coordinating Construction or excavation in Public Rights -
of -Way.
(f) The permitting process is necessary to conserve the limited physical
capacity of the Public Rights -of -Way held in public trust by the City.
(g) The permitting process is necessary to preserve the physical integrity of
the streets and highways.
(h) The permitting process will assist in keeping track of the different entities
using the Rights -of -Way to prevent interference between them.
(i) The permitting process will protect the safety, security, appearance, and
condition of the Public Rights -of -Way.
Section 1.02. DEFINITIONS. For purposes of this Ordinance, the
following terms shall have the following meanings:
(a) "Certificated Telecommunications Provider" shall mean the same as in
Local Government it Code, Section 283.002(2) [any entity that has been granted a
certificate from the Public Utility Commission of Texas under Chapter 54 of the Texas
Utility Code authorizing that entity to provide local exchange telephone service].
(b) "City" shall mean the City of Grapevine or the designated agent of the
City. (c) "Construction" shall mean any work above the surface, on the surface or
beneath the surface of a Public Right -of -Way, including, but not limited to, installing,
servicing, repairing or modifying any Facility(s) in, above or under the surface of the
Public Right -of -Way, and restoring the surface and subsurface of the Public Right -of -
Way, subject to the provisions of Section 1.04.(b)(3).
(d) "Construction Performance Bond" means any of the following forms of
Security provided at the Owner's option:
(1) Individual project bond
(2) Cash deposit
(3) Security of a form listed or approved under State of Texas Statutes
(4) Letter of Credit, in a form acceptable by City
(e) "Construction Permit" shall mean the permit which, pursuant to this
Ordinance, must be obtained before an Owner may construct in a Right -of -Way. A
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Construction Permit allows the holder to construct Facilities in that part of the Right -of -
Way described in such permit.
(f) "Department" shall mean the Department of Public Works of the City.
(g) "Director" shall mean the Director of the Department of Public Works of
the City or his or her designee.
(h) "Emergency" means a condition that the City, Director or Department
determines (1) Poses a clear and immediate danger to life or health, or an immediate
and significant loss of property; or (2) requires immediate repair or replacement of
Facilities in order to restore service to a customer.
(i) "Facility" or Facilities" shall include, but not be limited to, any and all
cables, pipelines, splice boxes, tracks, tunnels, utilities, vaults, and other appurtenances
or tangible things owned, leased, operated, or licensed by an Owner or Owners, that
are located or are proposed to be located in the Public Right -of -Way.
0) "Municipal Authorization" shall mean the individual grant to use the Public
Rights -of -Way issued by the City and accepted by the individual Owners in accordance
with Ordinance No. 99-30 of the City of Grapevine, Texas, as amended.
(k) "Owner" shall mean any Person who owns any Facility or Facilities that
are or are proposed to be installed or maintained in the Public Right -of Way. Included
within this definition is the Owner's contractor, subcontractor, agent or authorized
representative.
(1) "Permit" or "Permit to Construct" shall mean a Permit to perform
Construction in accordance with this ordinance.
(m) "Person" shall mean any natural or corporate person, business association
or other business entity including, but not limited to, a partnership, a sole proprietorship,
a political subdivision, excluding the City, a public or private agency of any kind, a utility,
a successor or assign of any of the foregoing, or any other legal entity.
(n) "Public Rights -of -Way" means the same as in Local Government Code
Section 283.002(6).
(o) "Restore or Restoration" means the process by which a Right -of -Way is
returned to the same condition that existed before Construction.
Section 1.03. Right -of -Way Occupancy.
(a) Any person, except a Certificated Telecommunications Provider, prior to
Constructing Facilities in, on or over the Public Rights -of -Way, must obtain separate
municipal authorization from the City.
(b) Any Person with a current, unexpired Franchise, Municipal Authorization,
License or other authorization from the City (Grant) to use the Public Right -of -Way that
is in effect at the time this Ordinance takes effect shall continue to operate under and
comply with that Grant until the Grant expires or until it is terminated by mutual
agreement of the City and the Person, or is terminated as otherwise provided for in law.
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Section 1.04. Registration" and Construction Permits.
(a) Registration. In order to protect the.public health, safety and welfare, all
Owners of Facilities in the Right -of -Way will register with the City of Grapevine.
Registration and Permits will be issued in the name of the Person who will own the
Facilities. When any information provided for the registration changes, the Owner will
inform the City of Grapevine of the change no more than thirty (30) days after the date
the change is made. Registration shall include:
(1) The name of the Owner;
(2) The names, addresses and telephone numbers of the contact
person(s) for the Owner;
(3) The names, addresses and telephone numbers of any contractor or
subcontractor, if known, who will be working in the Right -of -Way on behalf of the Owner;
(4) The name(s) and telephone number of an emergency contact who
shall be available twenty-four (24) hours a day;
(5) Proof of Insurance and Bonds.
a. An Owner must provide acceptable proof of insurance in the
total amount required by Exhibit "B", Insurance Requirements for Permits for
Construction Within Public Rights -of -Way, or make other provisions acceptable to the
Director or his/her designee.
b. The coverage must be on an "occurrence" basis and must
include coverage for personal injury, contractual liability, premises liability, medical
damages, underground, explosion and collapse hazards.
C. Each policy must include a cancellation provision in which
the insurance company is required to notify the City in writing not fewer than thirty (30)
days before canceling, failing to renew, or reducing policy limits.
d. The Owner shall file the required original certificate of
insurance prior to any commencement of work. The certificate shall state the policy
number; name of the insurance company; name and address of the agent or authorized
representative of the insurance company; name, address and telephone number of
insured; policy expiration date; and specific coverage amounts.
e. Owner shall file an annual surety bond, which will be valid for
one full year, from a surety company authorized to do business in the State of Texas in
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the amount equal to the estimated amount of the cost to Restore the Right -of -Way for
the work anticipated to be done in that year, in the event the Owner leaves a job site in
the Right -of -Way unfinished, incomplete or unsafe, or make other provisions, in lieu of a
bond, as acceptable to the Director or his/her designee.
f. Owner shall file a Maintenance Bond for twenty-five (25%)
percent of the cost of Restoring the Right -of -Way for the preceding year. Said bond
shall be in force for two (2) years.
9. The above requirements may be met by utilities with a
current franchise, license or Municipal Authorization if their current franchise, license or
Municipal Authorization adequately provides for insurance or bonds or provides an
indemnity in favor of the City.
h. The above requirements may be waived by the Director if
the Owner submits documentation, in a form acceptable to the City Attorney, that
demonstrates the Owner has assets in excess of twenty million dollars.
(b) Construction Permits.
(1) No Owner shall perform any Construction or installation of Facilities
in the Right -of -Way without first obtaining a Construction Permit, except as provided
herein. The Permit will be in the name of the Person who will own the Facilities to be
constructed. The Permit must be completed and signed by a representative of the
Owner of the Facilities to be constructed.
(2) Emergency responses related to existing Facilities may be undertaken without
first obtaining a Permit; however the Department shall be notified in writing within two
(2) business days of any Construction related to an emergency response; including a
reasonably detailed description of the work performed in the Right -of -Way and an
updated map of any Facilities that were relocated, if applicable.
(3) The phrase "Construction or installation of Facilities"
does not include the installation of Facilities necessary to initiate service to a customer's
property, or repair or maintenance of existing Facilities unless such repair or
maintenance requires the breaking of pavement, excavation or boring. The closure of
traffic lanes or sidewalks during peak traffic periods between 7:00 AM to 9:00 AM, and
4:30 PM to 6:30 PM on weekdays or for more than two hours during any non -peak
traffic period shall also require a Permit.
(4) The Permit shall state to whom it is issued, location of work,
location of Facilities, dates and times work is to take place and any other conditions set
out by the Director or his/her designee. If the Owner fails to act upon any Permit within
90 calendar days of issuance, the Permit shall become invalid, and the Owner will be
required to obtain another Permit.
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(5) The person requesting a Permit will provide the Director or his/her
designee with documentation in the format specified by the Department, at the time of
Permit submittal, describing:
a. The proposed location and route of all Facilities to be
constructed or installed and the Owner's plan for Right -of -Way Construction.
b. Engineering plans, which will be on a reasonable scale,
acceptable to the Department.
C. Detail of the location of all Right -of -Way that Owner plans to
use.
d. Detail of all existing City utilities in relationship to Owner's
proposed route.
e. Detail of what Owner proposes to install, such as pipe size,
number of ducts, valves, etc.
f. Detail of plans to remove and replace asphalt or concrete in
streets in accordance with Exhibit "A", Standard Specifications and Details for
Restoration within Public Rights -of -Way.
g. Drawings of any bores, trenches, handholes, manholes,
.' switch gear, transformers, pedestals, etc. including depth located in Public Right -of -
Way.
h. Typical details of manholes .and/or handholes Owner plans
to use or access.
Complete legend of drawings submitted by Owner.
j. Five (5) sets of engineering plans must be submitted with
Permit application.
k. The name, address and phone numbers of the contractor or
subcontractor who will perform the actual Construction, including the name and
telephone number of an individual with the contractor who will be available at all times
during construction. Such information shall be required prior to the commencement of
any work.
I. The construction and installation methods to be employed
for the protection of existing structures, fixtures, and Facilities within or adjacent to the
Right -of -Way, and the dates and times work will occur, all of which (methods, dates,
times, etc.) are subject to approval of the Director or his/her designee.
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M. A statement that the requirements of Section 1.04.(a)(5) are
met.
(6) All Construction and installation in the Right -of -Way shall be in
accordance with the Permit for the Facilities, The Director or his/her designee shall be
provided access to the work and to such further information as he or she may
reasonably require to ensure compliance with the Permit.
(7) A copy of the Construction Permit and approved engineering plans
shall be maintained at the construction site and made available for inspection by the
Director or his/her designee at all times when Construction or installation work is
occurring.
(8) All Construction or installation work authorized by Permit must be
completed in the time specified in the Construction Permit. If the work cannot be
completed in the specified time periods, the Owner may request an extension from the
Director or his/her designee. The Director or his/her designee will use his/her best
efforts to approve or disapprove a request for Permit as soon as possible.
(9) A copy of any Permit or approval issued by federal or state
authorities for work in federal or state Right -of -Way located in the City of Grapevine
shall be provided, if requested by the Department.
(10) A request for a Permit must be submitted at least five (5) working
days before the proposed commencement of work identified in the request, unless
waived by the Director or his/her designee.
(11) Requests for Permits will be approved or disapproved by the
Director or his/her designee within a reasonable time of receiving all the necessary
information. The Director or his/her designee will use his/her best efforts to approve or
disapprove a request for Permit as soon as possible.
(12) The Department or the Owner can request a pre -construction
meeting with the construction contractor.
Section 1.05. Construction Standards.
(a) The Department must be notified twenty-four (24) hours in advance that
Construction is ready to proceed by either the Owner, their contractor or representative.
At the time of notification, the Owner will inform the Department of the number (or other
information) assigned from the appropriate one -call notification center. "Notification
center" means the same as in House Bill 2295, Section 2. (12).
(b) All Construction shall be in conformance with all City codes and applicable
local, state and federal laws.
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(c) Three by three (3 x 3) feet informational signs stating the identity of the
person doing the work, telephone number and Owner's identity and telephone number
shall be placed at the location where Construction is to occur forty-eight (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. An informational sign will be
posted on Public Right -of -Way one hundred (100) feet before the Construction location
commences and each three hundred (300) feet thereafter, unless other posting
arrangements are approved or required by the Director.
(d) Erosion control measures (e.g. silt fence) and advance warning signs,
markers, cones and barricades must be in place before work begins.
(e) Lane closures on major thoroughfares will be limited to between 9:00 a.m.
and 4:30 p.m. unless the Director grants prior approval. Arrow boards will be required
for lane closures on all arterials and collectors, with all barricades, advanced warning
signs and thirty-six (36) inch reflector cones placed according to the Texas Manual on
Uniform Traffic Control Devices.
(f) Without affecting the legal relationship between the Owner and their
contractor, owners are responsible for the workmanship of, and any damages by, their
contractors or subcontractors. A responsible representative of the Owner will be
available to the Department at all times during construction.
(g) Owner shall be responsible for storm water management, erosion control
and excavation safety measures that comply with city, state and federal guidelines.
Requirements shall include, but not be limited to, silt fencing around any excavation that
will be left overnight, silt fencing in erosion areas until reasonable vegetation is
established, barricade fencing around open holes, and high erosion areas will require
wire backed silt fencing. Upon request Owner may be required to furnish
documentation submitted or received from federal or state government.
(h) Owner or contractor or subcontractor will notify the Department
immediately of any damage to other utilities, either city or privately owned.
(i) It is the City's policy not to cut streets or sidewalks; however, when a
street or sidewalk cut is required, prior approval must be obtained from the Department
and all requirements of the Department shall be followed. Repair of all street and
sidewalk removals must be made promptly to avoid safety hazards to vehicle and
pedestrian traffic, and shall be in accordance with Exhibit "A", Standard Specifications
and Details for Restoration within Public Rights -of -Way.
Q) Installation of Facilities must not interfere with City utilities, in particular
gravity dependent facilities. Facilities shall not be located over, or within two (2) feet,
horizontally or vertically, of any water or sanitary sewer mains, unless approved by the
Director.
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(k) New Facilities must be installed to a depth approved by the Department.
(1) All directional boring shall have a locator place bore marks and depths
while the bore is in progress. Locator shall place mark at each stem with paint dot and
depth at least every other stem.
(m) The working hours in the Rights -of -Way are 7:00 a.m. to 7:00 p.m.,
Monday through Saturday. Work that needs to be performed after 7:00 p.m. Monday
through Saturday must be approved in advance by the Department. No work will be
done, except for emergencies, on City holidays. Lane closures on collectors and
arterials will not be allowed between 7:00 AM and 9:00 AM, and between 4:30 PM and
6:30 PM on weekdays or for more than two hours during any non -peak traffic period,
unless otherwise approved by the Director.
(n) Persons working in the Right -of -Way are responsible for obtaining line
locates from all affected utilities or others with Facilities in the Right -of -Way prior to any
excavation. Use of a Geographic Information System or the plans of records does not
satisfy this requirement.
(o) Owner will be responsible for verifying the location, both horizontal and
vertical, of all Facilities. When required by the Department, Owner shall verify locations
by pot holing, hand digging or other method approved by the Department prior to any
excavation or boring.
(p) Placement of all manholes and/or hand holes must be approved in
advance by the Department. Handholes or manholes will not be located in sidewalks,
unless approved by the Director.
(q) Locate flags shall not be removed from a location while Facilities are being
constructed.
(r) When Construction requires pumping of water or mud, the water or mud
shall be contained in accordance with City of Grapevine ordinances and federal and
state law and the directives of the Department.
(s) A Person may be required to place certain Facilities within the Public
Rights -of -Way underground according to applicable City requirements absent a
compelling demonstration by the Person that, in any specific instance, this requirement
is not reasonable, not feasible or it is not equally applicable to other similar users of the
Public Rights -of -Way.
(t) A Person shall perform operations, excavations and other Construction in
the Public Rights -of -Way in accordance with all applicable City requirements, including
the obligation to use trenchless technology whenever commercially economical and
practical and consistent with obligations on other similar users of the Public Right -of -
Way. The City shall waive the requirements of trenchless technology if it determines
that the field conditions warrant the waiver, based upon information provided to the City
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by the Person. All excavations and other Construction in the Public Rights -of -Way shall
be conducted so as to minimize interference with the use of public and private property.
A Person shall follow all reasonable construction directions given by the City in order to
minimize any such interference.
Section 1.06. As -Built Plans.
(a) Right -of -Way users will provide the Director or his/her designee with "as -
built plans" within ninety (90) days of completion of Facilities in the Right -of -Way. The
plans shall be provided to the City with as much detail and accuracy as required by the
Director. All the requirements specified for the plans submitted for the initial Permit, as
set forth in Section 1.04(b)(5), shall be submitted and updated in the "as -built plans".
The detail and accuracy will concern issues such as location, size of Facilities, materials
used, and any other health, safety and welfare concerns. The detail will not include
matters such as capacity of lines, customers, or competitively sensitive details.
Submittal of "as -built plans" shall be in digital format but shall include one set of plans in
a paper format.
(b) This requirement, or portions of this requirement, may be waived by the
Director of Public Works for good cause.
Section 1.07. Conformance with Public Improvements.
(a) Whenever by reasons of widening or straightening of streets, water or
sewer line projects, or any other public works projects, (e.g. install or improve storm
drains, water lines, sewer lines, etc.) it shall be deemed necessary by the governing
body of the City to remove, alter, change, adapt, or conform the underground or
overhead facilities of an Owner to another part of the Right -of -Way, such alterations
shall be made by the Owner of the Facilities at their expense (unless provided otherwise
by state law , a franchise, a license or a Municipal Authorization until that grant expires
or is otherwise terminated) within the time limits set by the Director or his/her designee
working in conjunction with the Owner of the Facilities, or if no time frame can be
agreed upon, within ninety (90) days from the day the notice was sent to make the
alterations, unless a different schedule has been approved by the Director or his/her
designee. Facilities not moved after ninety (90) days or within the approved schedule,
as same may be extended from time to time, shall be deemed abandoned after thirty
(30) days notice, and any costs incurred in moving or removing said Facilities shall be
borne by the Owner.
(b) An Owner may trim trees in or over the Public Rights -of -Way for the safe
and reliable operation, use and maintenance of its Facilities. All tree trimming shall be
performed in accordance with standards promulgated by the National Arborist
Association and the International Society of Arborculture. Should the Owner, its
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contractor or agent, fail to remove such trimmings within twenty-four (24) hours, the City
may remove the trimmings or have them removed, and upon receipt of a bill from the
City, the Owner shall promptly reimburse the City for all costs incurred within thirty (30)
calendar days.
(c) An Owner shall temporarily remove ' , raise or lower its aerial Facilities to
permit the moving of houses or other bulky structures. The Owner shall temporarily
remove, raise or lower its aerial Facilities within five (5) working days of receiving a copy
of a permit issued by the City. The expense of these temporary rearrangements shall be
paid by the party or parties requesting and benefiting from the temporary
rearrangements. The Owner may require prepayment or prior posting of a bond from
the party requesting the temporary move.
Section 1.08. Improperly Installed Facilities.
(a) Any Owner doing work in the City Right -of -Way shall properly install,
repair, upgrade and maintain Facilities.
(b) Facilities shall be considered to be improperly installed, repaired,
upgraded or maintained if:
(1) The installation, repair, upgrade or maintenance endangers people
or property;
(2) The Facilities do not meet the applicable City codes;
(3) The Facilities are not capable of being located using standard
practices;
(4) The Facilities are not located in the proper place at the time of
construction in accordance with the directions provided by the Department or the plans
approved by the Department.
Section 1.09. Restoration of Property.
(a) Owners shall Restore property affected by Construction of Facilities to a
condition that is equal to or better than the condition of the property prior to the
performance of the work. Restoration must be approved by the Department.
(b) Restoration must be made within five (5) working days of completion of
trench backfill for a length of three hundred (300) feet, or within the limits of one city
block, unless otherwise approved by the Director or his/her designee. If Restoration is
not satisfactory and performed in a timely manner, after written notice, then all work in
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progress, except that related to the problem, including all work previously permitted but
not complete may be halted and a hold may be placed on any future Permits until all
Restoration is complete.
(c) Upon failure of an Owner to perform such Restoration, and five (5) days
after written notice has been given to the Owner by the City, and in the event
Restoration has not been initiated during such five day period, the City may repair such
portion of the Public Rights -of -Way as may have been disturbed by the Owner, its
contractors or agents. Upon receipt of an invoice from the City, the Owner will
reimburse the City for the costs so incurred within thirty (30) calendar days from the
date of the City invoice.
(d) If the City determines that the failure of an Owner to properly repair or
Restore the Public Rights -of -Way constitutes a safety hazard to the public, the City may
undertake emergency repairs and Restoration efforts, after emergency notice has been
provided, to the extent reasonable under the circumstances. An Owner shall promptly
reimburse the City for all costs incurred by the City within thirty (30) calendar days from
the date of the City invoice.
(e) Should the City reasonably determine, within two (2) years from the date
of the completion of the repair work, that the surface, base, irrigation system or
landscape treatment requires additional Restoration work to meet existing standards of
the City, an Owner shall perform such additional Restoration work to the satisfaction of
the City, subject to all City remedies as provided herein.
(f) Restoration must be to the reasonable satisfaction of the Department.
The Restoration shall include, but not be limited to:
(1) Replacing all ground cover with the type of ground cover damaged
during work to a condition equal to or better either by sodding or seeding, or as directed
by the Department;
(2) Installation of all manholes and handholes, as required;
(3) Backfilling all bore pits, potholes, trenches or any other holes shall
be completed daily, unless other safety requirements are approved by the Department.
Holes with only vertical walls shall be covered and secured to prevent entry by children.
If bore pits, trenches or other holes are left open for the continuation of work, they shall
be fenced and barricaded as approved by the Department;
(4) Leveling of all trenches and backhoe lines;
(5) Restoration of excavation site to City specifications;
(6) Restoration of all landscaping, ground cover, and sprinkler
systems.
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(g) All locate flags shall be removed during the clean up progress by the
Owner or his/her contractor at the completion of the work.
Section 1.10. Revocation or Denial of Permit.
If any of the provisions of this ordinance are not followed, a Permit may be revoked by
the Director or designee. If a person has not followed the terms and conditions of this
ordinance in work done pursuant to a prior Permit, new Permits may be denied or
additional terms required.
Section 1.11. Appeal From Denial or Revocation of Permit.
Appeal from denial or revocation of Permit or from the decision of the Director shall be
to the City Council. Appeal shall be filed with the City Secretary within fifteen (15) days
from the date of the decision being appealed.
Section 1.12. Indemnity.
(a) Except as to Certificated Telecommunications Providers, each Owner
placing Facilities in the Public Rights -of -Way shall agree to promptly defend, indemnify
and hold the City harmless from and against all damages, costs, losses or expenses (1)
for the repair, replacement, or Restoration of City's property, equipment, materials,
structures and Facilities which are damaged, destroyed or found to be defective as a
result of the Owner's acts or omissions, (ii) from and against any and all claims,
demands, suits, causes of action, and judgements for (a) damage to or loss of the
property of any Owner (including, but not limited to the Owner, its agents, officers,
employees and subcontractors, City's agents, officers and employees, and third
parties); and/or (b) death, bodily injury illness, disease, loss of services, or loss of
income or wages to any Owner (including, but not limited to the agents, arising out of,
incident to, concerning or resulting from the negligent or willful act or omissions of the
Owner, its agents, employees, and/or subcontractors, in the performance of activities
pursuant to this Ordinance.
(b) This indemnity provision shall not apply to any liability resulting from the
negligence of the City, its officers, employees, agents, contractors, or subcontractors.
(c) The provisions of this indemnity are solely for the benefit of the City and is
not intended to create or grant any rights, contractual or otherwise, to any other Owner
or entity.
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SECTION 2. That the terms and provisions of this ordinance shall be deemed to
be severable and that if the validity of any section, subsection, sentence, clause or
phrase of this ordinance should be declared to be invalid, the same shall not affect the
validity of any other section, subsection, sentence, clause or phrase of this ordinance.
SECTION 3. The fact that the present ordinances and regulations of the City of
Grapevine, due to state legislation, have become inadequate to control Right -of -Way
management within the corporate limits of the City of Grapevine, creates an emergency
for the immediate preservation of the public business, property, health, safety and
general welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage as provided by the Charter of the City of
Grapevine.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE
TEXAS, this.
William D. Tate
MAYOR
ATTEST:
0 Linda Huff, CMC
City Secretary
APPROVED AS TO FORM:
Stan Lowry
City Attorney
-14-
wenuagme simme am
1 1/2- HOT MIX ASPHALTIC
MINIMUM WIDTH WEARING SURFACE ON
TACK COAT
EXISTING ASPHALT
SURFACE
(TYPICAL)SAWED JOINT
1-0 V-0"
F-6 (MINIMUM) FULL
SAND MIXED WITH 2 SACKS OF DEPTH ASPHALT
PORTLAND CEMENT PER CUBIC YARD.
COMPACTED EMBEDMENT AS
...... .....
FIRM TRENCH WALLSPECIFIED IN SSPWC, OR
'
SAND MIXED WITH 2 SACKS OF
CONDUIT PORTLAND CEMENT PER CUBIC YARD.
FIRM TRENCH WALL
ASPHALT PAVEMENT
N.T.S.
MINIMUM WIDTH
SAWED BREAKOUT SPLICE EXISTING
GROOVE (DEPTH 2-±)
REINFORCEMENT
EXISTING
REINFORCEMENT
0 DIAMETER LAP,
is
REPLACED CONCRETE 1'-0-
_O*
V-0, SAWED BREAKOUT
TO BE SAME AS UNLESS
LESS GROOVE (DEPTH=2
UNLESS
THOROUGHFARE TYPE. WITHIN 3'
WITHIN 3' OF JOINT
WITHIN
OF JOINT Z ... ....
(REMOVE TO JOINT)
(REMOVE
REMOVE I .....
0 JOINT)
COMPACTED EMBEDMENT AS
SPECIFIED IN SSPWC, OR
S
SAND MIXED NTH 2 SACKS OF
SAND MIXED WITH 2 SACKS OF
ORTLAND CEMENT PER CUBIC YARD.
PORTLAND
P
PORTLAND CEMENT PER CUBIC YARD.
FIRM TRENCH WALL
CONDUIT
FIRM TRENCH WALL
CONCRETE PAVEMENT
N.T.S.
NOTES:
1, NCTCOG - STANDARD SPECIFICATION FOR PUBLIC WORKS CONSTRUCTION (SSPWC)
2. WHEN REMOVING CONCRETE PAVEMENT THE CONTRACTOR SHALL ENDEAVOR TO LIMIT
DAMAGE TO EXISTING REINFORCEMENT SO IT MAY BE EMPLOYED IN THE REPLACEMENT
OPERATION. IF ORIGINAL REINFORCEMENT IS CUT OR BROKEN, REPLACEMENT BARS OF
THE SAME SIZE SHALL BE INSTALLED BY DRILLING AND DOWELING AS DIRECTED BY
THE CITY.
TRANSVERSE PAVEMENT CUTSEXHIBIT 21 A
fJ
REMOVAL AND REPLACEMENT It APR.'99 1 1 OF 3
GENERAL NOTES: REINFORCED CONCRETE PAVEMENT
TYPE A` MAJOR ARTERIAL
1. ALL COMMERCIAL PAVEMENT SHALL BE STEEL REINFORCED CONCRETE WITH
A MINIMUM THICKNESS OF 8" AND DEVELOPING A MINIMUM COMPRESSIVE STRENGTH
OF 5000 PSI.
2. NO. 3 DEFORMED GRADE 60 REINFORCING. STEEL WILL BE SPACED AT 24" ON
CENTER, EACH WAY. STEEL NEAR THE EDGE OF PAVEMENT SHOULD HAVE A MINIMUM
COVER OF 2". REINFORCING SHALL BE SUPPORTED WITH APPROPRIATE CHAIRS.
3. WHERE REINFORCING BARS ARE SPLICED, A 30 DIAMETER LAP SHALL BE USED.
4. TYPE C' TRANSVERSE CONTRACTION JOINTS SHALL BE ON 20' CENTERS. TYPE
A' EXPANSION JOINTS SHALL BE INSTALLED AT EACH END OF THE STREET AND AT A
MINIMUM SPACING OF 600'.
5. ON CONCRETE STREETS, ALL INLETS SHALL BE SEPARATED FROM THE
PAVEMENT AND CURB BY BOXING AROUND INLETS AS SHOWN ON THE STANDARD
DETAILS FOR THE CITY OF GRAPEVINE. EXPANSION JOINT MATERIAL SHALL EXTEND
COMPLETELY THROUGH CURB AND SLAB. MANHOLE CASTINGS WITHIN THE
PAVEMENT LIMITS SHALL BE BOXED -OUT IN LIKE MANNER EXCEPT WHEN
TELESCOPING -TYPE CASTINGS ARE USED. WHEN A JOINT FALLS WITHIN 5' OF ANY
INLET, MANHOLE, OR OTHER STRUCTURE, SHORTEN ONE OR MORE PANELS EITHER
SIDE OF OPENING TO PERMIT JOINTS TO FALL ON ROUND STRUCTURES AND AT OR
BETWEEN CORNERS OF RECTANGULAR STRUCTURES.
6. AN APPROVED WHITE PIGMENTED CURING COMPOUND SHALL BE APPLIED TO
THE SURFACE OF THE CONCRETE AS SOON AS IT HAS BEEN PLACED AND FINISHED.
7. WHEN HALF WIDTH PAVEMENT IS CAST, A KEYWAY CONSTRUCTION JOINT
SHALL BE USED, EXCEPT DOWELS SHALL BE SPACED AT 12" O.C.
8. SUBGRADE SHALL BE PREPARED IN ACCORDANCE WITH A GEOTECHNICAL
REPORT AND THE RECOMMENDATION OF A GEOTECHNICAL ENGINEER. MINIMUM LIME
OR CEMENT TREATED SUBGRADE SHALL BE 7"1N DEPTH FOR ALL EXCEPT
RESIDENTIAL STREETS WHICH SHALL BE 6" MINIMUM DEPTH.
9. ALL CURBS SHALL BE INSPECTED AND APPROVED PRIOR TO BACKFILL.
10, SIDEWALKS AND PARKWAYS SHALL BE SLOPED TOWARD THE STREET AT 1/4"
PER VOR 2%. AREAS OUTSIDE THE RIGHT-OF-WAY SHALL BE SLOPED AS APPROVED
BY THE CITY OF GRAPEVINE AND SHALL NOT EXCEED 1 FOOT VERTICAL RISE OR FALL
FOR 3 FEET HORIZONTAL.
11. BACKFILL BEHIND THE CURB SHALL BE COMPACTED TO A MINIMUM OF 95%
ASTM D -69B.
12. 2" PVC SCHEDULE 40, DOVE GREY, STREET LIGHT CONDUIT SHALL BE PLACED
IN ALL MEDIANS, 3' NORTH OR EAST OF CENTERLINE, UNLESS OTHERWISE APPROVED.
BURIAL DEPTH SHALL BE 3' BELOW FINISH GRADE.
13. A NO. 9 GALVANIZED WIRE SHALL BE PLACED IN ALL CONDUIT, EXTENDED 1'
PAST ENDS OF CONDUIT.
REINFORCED CONCRETE PAVEMENTEXHIBIT "A"
TYPE "A" MAJOR ARTERIAL It APR. I99 2 OF 3
m
P W P (FILL SECTIONS ONLY.
ALTERNATE REVERSE
' 6" A B B A 6' OTTO EXCEED 3 NO
EED 3: 1.)
MIN. 6" CURB, OR AS
2% (TYP.) ( SPECIFIED BY CITY
(PAVEMENT SHALL BE SAME AS GR2010A) MIN. i"
TYPE
STREET
STREET
WIDTH(W) A
R.O.W.
B WIDTH
PARABOLIC
P ROWN HEIGHT G)
1 2 CROVAk
EIGHT
E
40' 10'
10' 65' MIN.
VARIES 6'
4 1/2'
D, E
48' 12'
12' 75' MIN.
VARIES 7'
5 1/4"
TYPE "D" - MINOR ARTERIAL
TYPE "E" - COLLECTOR (APARTMENT, COMMERCIAL & INDUSTRIAL)
TYPE "F" - LOCAL COLLECTOR (SINGLE FAMILY, DUPLEX,
APARTMENT COMMERCIAL & INDUSTRIAL)
N.T.S.
50' R.O.W.
i 100' FOR CUL—DE—SAC I
10' 30' 10' (FILL SECTIONS ONLY.
80' FOR CUL—DE—SAC ALTERNATE REVERSE SLOPE
I 6' 15' 1 15' 6' I ACCEPTABLE. NOT TO EXCEED
40' FOR �— 40' FOR 3.1.)%
31 CUL—DE—SAC CUL—DE—SAC 13 /f
5" CROWN —11
MIN. 6" CURB WITH 5" PARABOLIC
�✓"'� '"'`� CROWN HEIGHT, OR AS
2% (lYP) SPECIFIED BY CITY.
3 3/4' CROWN ® 1/4 PT. L MIN. 6" OR AS SPECIFIED BY CITY.
TYPE "G" - LOCAL RESIDENTIAL AND FIRE LANES
N.T.S.
INDICATES SAWED LONGITUDAL CONTRACTION
OR CONSTRUCTION JOINT.
Q INDICATES KEYWAY CONSTRUCTION JOINT.
NOTES :
1. ALL REINFORCEMENT SHALL BE #3 GRADE 60 BARS
ON 24" CENTERS BOTH WAYS, SUPPORTED WITH
APPROPRIATE CHAIRS.
2. PAVEMENT SHALL CONFORM TO CLASS "C" CONCRETE
HAVING A MINIMUM OF 3600 PSI COMPRESSIVE
STRENGTH AS SPECIFIED BY THE CITY.
3. WHERE REINFORCING BARS ARE SPLICED, A 30
DIAMETER LAP SHALL BE USED.
4. ON CONCRETE STREETS ALL INLETS SHALL BE
SEPARATED FROM THE PAVEMENT AND CURB BY
BOXING AROUND INLETS AS SHOWN ON THE
STANDARD DETAILS OF THE CITY OF GRAPEVINE.
EXPANSION JOINT MATERIAL SHALL
EXTEND COMPLETELY THROUGH CURB AND SLAB.
MANHOLE CASTINGS WITHIN THE LIMITS SHALL BE
REINFORCED CONCRETE PAVEMENT
TYPE "D", "E", "F" AND "G" STREETS
K: ase. —0,Row-.390
BOXED—OUT IN LIKE MANNER EXCEPT WHEN
TELESCOPING—TYPE CASTINGS ARE USED. WHEN
A JOINT FALLS WITHIN 5' OF ANY INLET, MANHOLE
OR OTHER STRUCTURE,
SHORTEN ONE OR MORE PANELS EITHER SIDE OF
OPENING TO PERMIT JOINTS TO FALL ON ROUND
STRUCTURES AND AT OR BETWEEN CORNERS OF
RECTANGULAR STRUCTURES.
5. AN APPROVED WHITE PIGMENTED CURING COMPOUND
SHALL BE APPLIED TO THE SURFACE OF THE
CONCRETE AS SOON AS IT HAS BEEN PLACED
AND FINISHED.
6. SUBGRADE SHALL BE PREPARED IN ACCORDANCE
WITH A GEOTECHNICAL REPORT AND THE RECOM—
MENDATION OF A GEOTECHNICAL ENGINEER.
MINIMUM LIME OR CEMENT TREATED SUBGRADE
SHALL BE 7' IN DEPTH ON ALL ROADWAYS
EXCEPT RESIDENTIAL STREETS WHICH SHALL BE
6' IN DEPTH.
7. BACKFILL BEHIND THE CURB SHALL BE COMPACTED
TO A MINIMUM DENSITY OF 95% OF ASTM D-698.
s �
r
arfi���
City of Grapevine
Insurance Requirements for Permits for Construction
Within Public Rights -of -Way
INSURANCE
Except as otherwise specified in this contract, the Contractor and his subcontractors
(of any tier) will be required at their own expense to maintain in effect at all times
during the performance of the work, insurance coverages with limits not less than
those set forth below with insurers and under forms of policies satisfactory to the
City of Grapevine. It shall be the responsibility of the Contractor to insure that he
and his subcontractors are adequately insured at all times. Failure of the Contractor
and his subcontractors to maintain adequate coverage shall not relieve it of any
contractual responsibility or obligation.
2. - CERTIFICATES OF INSURANCE
At the time of the execution of this contract and each subcontract, but in any event,
prior to commencing work at the job site, the Contractor shall furnish the City of
Grapevine with certificates of insurance as evidence that both the Contractor and
subcontractor have the policies providing the required coverages and limits of
insurance are in full force and effect. The certificates of insurance shall state the
City as an additional insured where applicable. The certificates shall provide that
any company issuing an insurance policy under this contract shall provide not less
than 30 -days advance notice in writing of cancellation, non -renewal, or material
change in the policy of insurance. In addition, the Contractor shall immediately
provide written notice to the City of Grapevine upon receipt of notice of cancellation
of an insurance policy or a decision to terminate or alter any insurance policy. All
certificates of insurance shall clearly state that all applicable requirements have
been satisfied including certification that the policies are of the "occurrence" type.
Certificates of insurance for Contractors and subcontractor furnished insurance and
notices of any cancellations, terminations, or alterations of such policies shall be
mailed to Risk Management, City of Grapevine, P.O. Box 95104, Grapevine, Texas
76099.
3. COMPREHENSIVE GENERAL LIABILITY
This insurance shall be an occurrence type policy written in comprehensive form
and shall protect the Contractor and his subcontractors and the additional insureds
against all claims arising from bodily injury, sickness, disease or death of any
person other than the Contractor's employees or damage to property of the City of
Grapevine or others arising out of the act of omission of the Contractor or his
subcontractors or their agents or employees or subcontractors. This policy shall
0
5
also include protection against claims insured by usual personal injury liability
coverage, a (protective liability)- endorsement to insure the contractual liability
assumed by the Contractor and his subcontractors under the article entitled
indemnification and completed operations, products liability, contractual liability,
broad form property coverage, xcu, premises/operations, and independent
contractors.
Bodily Injury $1,000,000 per occurrence
Property Damage $2,000,000 aggregate
COMPREHENSIVE AUTOMOBILE LIABILITY
This insurance shall be written in the comprehensive form and shall protect the
Contractor and his subcontractors and the additional insured against all claims for
injuries to members of the public and damage to property of others arising from the
use of motor vehicles, and shall cover operation on and off the site of all motor
vehicles licensed for highway use, whether they are owned, non -owned, or hired.
The liability shall not be less than:
Bodily Injury
Property Damage $1,000,000 Combined Single Limit
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
This insurance shall protect the Contractor and his subcontractors and the
additional insurers against all claims under applicable state workers' compensation
laws. The insured shall also be protected against claims for injury, disease, or
death of employees which, for any reason, may not fall within the provision of a
workers' compensation law. This policy shall include an all -states endorsement.
The liability limits shall not be less than:
Workers' Compensation - Statutory
Employers' Liability - $500,000 Each Accident
Disease policy limit - $500,000 Disease - Each Employee
Refer to Rule 28 TAC 110.110 relating to REPORTING REQUIREMENTS FOR
BUILDING OR CONSTRUCTION PROJECTS FOR GOVERNMENTAL ENTITIES
found in Appendix D.
DH/gj
oAC0NTRACTS\ins-ROW;3-25-99