HomeMy WebLinkAboutORD 2020-71 - Right-of Way PermittingORDINANCE NO. 2-On -% I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REMOVING CHAPTER 12.08 OF THE CODE
OF ORDINANCES OF THE CITY OF GEORGETOWN, TITLED
"STREET EXCAVATIONS," AND ADDING CHAPTER 12.08, TITLED
"WORK WITHIN PUBLIC RIGHTS -OF -WAY," RELATING TO THE
REGULATION OF ACTIVITIES WITHIN PUBLIC RIGHTS -OF -WAY IN
THE CITY OF GEORGETOWN; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; ESTABLISHING A PENALTY;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Section 1.04 of the Charter of the City of Georgetown declares that the City
has "exclusive dominion, control and jurisdiction in, upon, over and under the public streets,
sidewalks, alleys, highways, public squares and public ways (except those under State control if
required by State law) that are within the corporate limits of the city" and has the power to
regulate the use thereof;
WHEREAS, Section 311.001 of the Texas Transportation Code affirms that Texas
home -rule cities have "exclusive control over and under the public highways, streets, and alleys"
of the municipality;
WHEREAS, various other State statutes, including but not limited to Chapters 14, 33,
41, 66, and 103 of the Utilities Code and Chapters 51, 212, 272, 283, and 284 of the Local
Government Code, reserve to municipalities the power to enforce police power -based regulations
in the management of a public right-of-way to protect the health, safety, and welfare of the
public;
WHEREAS, Chapter 12.08 of the Code of Ordinances of the City of Georgetown, titled
"Street Excavations," requires a permit to be issued by the Building Inspection Department of
the City prior to the excavation or alteration of any public street, right-of-way, or curb section in
the city, but the minimal requirements of the Chapter leave many activities occurring within the
City's rights -of -way unregulated;
WHEREAS, the City Council has determined that in order to protect the health, safety,
and welfare of its residents and the general traveling public, and to promote safe, orderly, and
efficient development within its territory, the City must establish and enforce regulations
governing work within, or the temporary occupation of, public rights -of -way within the city
limits;
Ordinance Number: jbTp"'u Pagel of 3
Description: 12.08 - Right -of -Way Permitting
Date Approved: OLkDia,( rIV70b
WHEREAS, the City Council finds it in the best interest of the City of Georgetown to
remove Chapter 12.08 of the Code of Ordinances, titled "Street Excavations," and replace the
chapter with a more comprehensive set of regulations, requirements, and standards to govern
activities within public rights -of -way and public utilities easements within the city; and
WHEREAS, he City Council desires to add a new Chapter 12.08, titled "Work within
Public Rights -of -Way," to the Code of Ordinances and to adopt the associated Right -of -Way
Permit Regulations promulgated by the Public Works Department of the City as the
comprehensive set of regulations, requirements and standards to govern activities within public
rights -of -way and public utilities easements within the city.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN TEXAS:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 12.08 of the Code of Ordinances of the City of Georgetown, titled "Street
Excavations," is hereby removed in its entirety.
Section 4. Chapter 12.08, titled "Work Within Public Rights -of -Way," is hereby added to the
Code of Ordinances of the City of Georgetown, to read as set forth in "Exhibit A" attached hereto.
Section 5. The City Council hereby adopts the Public Works Right -of -Way Regulations
dated October 20, 2020 and on file at the City Secretary's office (the "Regulations"). The
Regulations may be amended from time to time by Council resolution.
Section 6. Any person, firm, or corporation found in violation of the provisions or terms of
this ordinance, or any of the rules, regulations, requirements, procedures, standards, guidelines, or
other mandatory provisions of any of the manuals, standards, or policies adopted herein, as
heretofore amended, shall constitute a misdemeanor subject to the penalties prescribed under
Section 1.08.010 of the Code of Ordinances of the City of Georgetown, as may be amended from
time to time.
Section 7. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Ordinance Number: Zaw -1 t Page 2 of 3
Description: 12.08 — Right -of -Way Permitting
Date Approved: 1KC Bolo" 2i71 11) U
Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect ten (10) days on and
after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of 0 , 2020.
PASSED AND APPROVED on Second Reading on the 11thay of , 2020.
CITY OF GEORGETOWN, TEXAS
At.,& r��
Dale Ross, Mayor
Ordinance Number: 2-OW — I
Description: 12.08 — Right -of -Way
Date Approved: Ct hn6A,( 27
ATTEST:
"-Z%zhIr- � A 'V-I�
Robyn Den ore, City Secretary
APPROVED AS TO FORM:
Skye sson, &ity Attorney
Page 3 of 3
Exhibit A
SECTION 12.08. — WORK WITHIN PUBLIC RIGHTS -OF -WAY
Sec. 12.08.010. — Purpose; Right -of -Way Regulations Adopted.
A. To protect the health, safety, and welfare of its residents and the general traveling public, and to
promote safe, orderly, and efficient development within its territory, the City must establish and
enforce regulations governing work within, or the temporary occupation of, public rights -of -way
within the city limits.
B. The Right -of -Way Regulations dated October 20, 2020 and on file with the City Secretary (the
"Regulations"), are hereby adopted. The Regulations may be amended from time -to -time by
resolution.
Sec. 12.08.020. — Permit Required.
A. So that the City may determine the safety, mobility, and operational impacts that a proposed
activity within, upon, in, under, or above any public right-of-way or public utility easement will
have on any existing or proposed streets, sidewalks, utilities, drainage, protected trees, or other
public improvements within the right-of-way or public utilities easement, no activity set forth in
12.08.020.13 below shall occur without a Right of Way Permit ("Permit") issued by the Director
of the Public Works Department of the City (the "Director"), or his or her designee.
B. A Permit is required for the following:
1. The installation, removal, replacement, repair, relocation, enlargement, or expansion of public
or private utilities operating or proposed within, upon, in, under, or above a public right-of-way
or public utility easement within the municipal limits of the City;
2. The temporary closure or blocking, in whole or in part, of any City sidewalk, street, alley, or
other roadway within the municipal limits of the City, or the occupation of a public parking
space or spaces, other than spaces within City parkland or serving City facilities, for a period
greater than 24 hours or the applicable time limit established by City ordinance;
3. The installation of public or private facilities on any City light pole, utility pole, sign, or traffic
signal within the municipal limits of the City;
4. The trimming of any Protected or Heritage Tree within a public right-of-way or public utility
easement within the municipal limits of the City; or
5. The crossing of any public right-of-way within the municipal limits of the City with electrical
lines, telecommunication lines, or other utilities, irrespective of whether construction activities
are proposed within the right-of-way.
C. A Permit shall not authorize the installation, removal, replacement, repair, relocation,
enlargement, or expansion of public or private utilities operating or proposed within, upon, in,
under, or above City parkland, facilities, trails, parking lots, or structures, nor shall a Permit
authorize the occupation of public parking spaces within City parkland or serving City facilities.
Occupancy of public parking spaces within City parkland or serving City facilities for a period
greater than 24 hours shall not be permitted without City Council approval.
D. Although such activity shall be subject to the Regulations, a Permit is not required for any activity
identified within an approved Construction Plan, Site Development Plan, License Agreement,
Building Permit, Driveway Access Permit, Special Event Permit, or other approval granted by the
City. Notwithstanding the foregoing, an entity operating under a franchise agreement with the City
Exhibit A
or a pole attachment agreement with the City's electric utility must obtain a Permit for any activity
described within 12.08.020, except as may be set forth in the applicable agreement.
E. A Permit is not required for work incidental in nature. In the event of an emergency, the party
performing any activity shall apply for a Permit within three (3) days in accordance with the
requirements of this Chapter and the Regulations.
F. Any application for a Permit must comply with all submission requirements set forth in the
Regulations, including but not limited to payment of the required application fee (unless otherwise
waived), submission of proof of any required insurance, and posting of any necessary bonds.
G. The Director may, in his or her discretion, require additional plans or studies as he or she deems
necessary. Such plans and studies may include, but shall not be limited to, the following:
1. Construction Plans
2. Stormwater Pollution Prevention Plan
3. Tree Preservation Plan
4. Traffic Control Plan
H. A permit application must be approved by the Director, or his or her designee. The Director may,
in his or her discretion, require the activity described by the permit application to be phased or
otherwise delayed to minimize any impact on the public.
I. A Permit shall expire 90 days after issuance, unless a shorter duration is prescribed in the Permit
or set forth in the Regulations, or immediately if any activity is not undertaken in a manner
consistent with the Permit.
The Director may require additional notice to neighbors, other governmental bodies, or other
entities as a condition of any Permit approval.
Sec. 12.08.030. — Permit Fee.
A Permit required under this chapter shall not be issued until the applicable fee, as determined by the fee
schedule established under this ordinance, has been paid in full to the City, unless otherwise waived by
the City Council or otherwise required by law. The fee schedule may be amended from time to time by a
resolution of the City Council.
Sec. 12.08.040. — Penalty.
A. It is unlawful for an individual or company to undertake activity subject to this chapter without first
obtaining and paying for the Permit required under this chapter or other authorization listed in
Section 12.08.020.D above. It is also unlawful for an individual or company to undertake any
activity subject to this chapter in a manner except as set forth in this chapter, the Regulations, or
the Permit.
B. Any person who violates a provision of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than $2,000.00 per offense. Any person who shall aid,
abet or assist in a violation of any provision of this chapter shall also be guilty of a misdemeanor
and, upon conviction thereof, be fined not more than $2,000.00 per offense. Each day a violation
occurs shall be considered a separate offense. (See also Section 1.08.010 of the Code of
Ordinances.
Right -of -Way Ordinance Ex. A
New Chapter 12.08
October 2020
Exhibit A
C. In addition to the criminal penalties set forth herein, the Director shall have the authority to assess
civil penalties against any individual or company who violates, or who aids, abets, or assists in a
violation of, this chapter or the Regulations, in accordance with the schedule of fines established
by this ordinance. The schedule of fines may be amended from time to time by a resolution of the
City Council. Any fines issued in accordance with this Section may be appealed in writing to the
City Manager within ten (10) days of the Director's assessment thereof. Unless otherwise
permitted by the Director, an individual or company may not apply for a Permit unless and until all
outstanding fees and fines have been paid in full or waived by the City.
Sec. 12.08.050. — Stop Work Orders.
A. Whenever any work is being done contrary to the provisions of this chapter, the Regulations, or
the Permit, the Director or his or her designee may order the work stopped, and also suspend or
revoke the Permit theretofore issued, by notice in writing served on any person listed on the
Permit application or on any person engaged in the doing or causing of such work to be done.
Such person shall forthwith stop and cause to be stopped such work until authorized by the
Director, or his or her designee, to recommence and proceed with the work or upon issuance of a
Permit in those cases in which the Permit has been revoked. Such stop work order and
suspension or revocation of Permit shall be posted on work being done in violation of this Code.
B. Whenever a posted stop work order due to a violation of any provisions of this Code is removed,
the removal shall constitute a separate violation of this Chapter, and penalties shall be enforced
pursuant to Section 12.08.040.
C. Any Stop Work Order issued in accordance with this Section may be in addition to any penalties
assessed under Section 12.08.040.
Sec. 12.08.060. - Notice of Intent to Suspend or Revoke.
A. Before suspension or revocation pursuant to this Chapter, the Director may give notice of intent to
suspend or revoke, which notice may specify a reasonable time for compliance with this Code.
B. If notice of intent is given, suspension or revocation shall not occur before the time for compliance
has expired.
C. The Director shall not be required to provide notice of intent to suspend or revoke for violations of
this Code that may cause imminent destruction of property or injury to persons.
Right -of -Way Ordinance Ex. A
New Chapter 12.08
October 2020
48
)WN
PUBLIC WORKS DEPARTMENT
RIGHT-OF-WAY REGULATIONS
Dated: October 20, 2020
Adopted: October 27, 2020
Effective Date: November 9, 2020
1.0 AUTHORITY AND PURPOSE
These Regulations are promulgated as an exercise of the City's police power and pursuant to
Chapter 12.08 of the Code of Ordinances for the purpose of:
a. Establishing standards and procedures to ensure that persons who engage in Construction
Activities, Maintenance Activities, Storage Activities, or other activities that require traffic
control within a Right -of -Way perform such work in a competent, safe, and orderly fashion;
b. Issuing Permits to protect the public's investment in, and to prevent or address the
premature degradation of, public streets and other infrastructure;
Ensuring that persons working in a Right -of -Way have the knowledge, competence and
resources needed properly to perform the work for which they are permitted; and
d. Preventing the unauthorized installation of structures, equipment, or facilities within a
Right -of -Way that could obstruct traffic, impair visibility, or endanger the health, safety, or
welfare of the public.
The Director is authorized to promulgate administrative regulations and directives that are not
inconsistent with these Regulations and deemed necessary to implement these Regulations. Such
regulations and directives shall not conflict with, and do not supersede, the most current edition
of the Construction Standards and Specifications Manual, the Design Manual for the Installation of
Network Nodes and Node Support Poles, and all City ordinances. Amendments to these
Regulations shall require the approval of the City Council of the City of Georgetown, Texas.
2.0 DEFINITIONS
Unless otherwise defined herein, defined terms in these Regulations shall have the same
meaning as set forth in the Municipal Code. As used in these Regulations, the following words
and phrases are defined as follows:
Approved: shall mean approval by the Director.
AASHTO: shall mean the American Association of State Highway and Transportation Officials.
TxDOT: shall mean the Texas Department of Transportation.
City: shall mean the City of Georgetown, Texas a home -rule municipality situated in Williamson
County, Texas.
Construction Activities shall mean construction, excavation, repair, demolition, or any other
work within a Right -of -Way that requires repair to street pavement, curb, gutter, sidewalk,
roadside vegetation, or other improvements; that requires grading, erosion control measures,
or sediment control measures; that requires tree trimming; that involves the placement of a
pole or the installation of ground equipment; or that requires access to a City Utility Pole,
Decorative Pole, or Service Pole. Also see Maintenance Activities definition.
Page 2 of 33
Construction Standards shall mean the most current edition of the City of Georgetown
Construction Standards and Specifications Manual, except where modified by these Regulations.
Decorative Pole shall mean a streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed
informational or directional signage or temporary holiday or special event attachments, have
been placed or are permitted to be placed.
Design Manual shall mean the most current edition of the City of Georgetown Design Manual
for the Installation of Network Nodes and Node Support Poles.
Director shall mean Public Works Director, or his or her designee.
Dumpster shall mean any container intended to be used for the storage or hauling of trash,
refuse, garbage, yard debris, recyclables, or other waste materials. A dumpster is sometimes
referred to as a "roll off' dumpster. Also see Portable Storage Unit definition.
Emergency Repair shall mean necessary, immediate work performed within a Right -of -Way in
order to repair a damaged Utility that poses an immediate and substantial hazard to the health,
safety, or welfare of City property or the general public.
Entity: shall mean any person, corporation, company, agency, government, special district,
school district, quasi -governmental agency, contractor, subcontractor, utility, or other
person(s), firm(s) or corporation(s) seeking to perform work within a Right -of -Way.
Governmental Entity: shall mean a municipality, town, water or sanitation district,
metropolitan district, or intergovernmental authority.
Holiday: shall mean a legal holiday recognized by the City during which City offices are closed.
Infrared Patching: shall mean any pavement repair technology that involves reheating of the
existing asphalt pavement and blending of the asphalt patching material that results in the
appearance of a seamless patched or repaired area of the pavement.
Legal Parking Lane: shall mean that portion of a street along the outer edges where parking is
not restricted by signs and is not the Travel Lane.
Maintenance Activities shall mean maintenance activities within the a Right -of -Way that require
access to existing facilities or landscaping, including but not limited to manholes, vaults,
cabinets, poles or irrigation systems, but which do not cause any surface or ground disturbance
and therefore does not require erosion control measures, sediment control measures, or site
restoration (per Section 6.2). Also see Construction Activities definition.
Municipal Code shall mean the Code of Ordinances of the City of Georgetown, including the
Unified Development Code, as the same may be amended from time to time.
MUTCD shall mean the Manual of Uniform Traffic Control Devices, as supplemented by The
Texas Department of Transportation.
Page 3 of 33
Neighborhood Project shall mean a community or neighborhood cleanup and maintenance
project within a residential subdivision of the City by: a) an incorporated residential homeowner
association, civic association, or community association; b) improvement district; or c) a group
of five (5) or more residents of the same residential subdivision.
Newly Constructed Street shall mean any street section that has been constructed within the last
five (5) years.
PCI shall mean the City's latest Pavement Condition Index rating of the street segment taken
from the most recent PCI survey.
Permit shall mean the permit issued by the City in a form approved by the Director and which is
required under these Regulations to use a Right -of -Way for any Construction Activities,
Maintenance Activities, Storage Activities, or any other activities that may require traffic control.
Permit Holder shall mean any Entity holding a valid Permit.
Portable Storage Unit shall mean a closed container that is less than twenty (20) feet in length,
which is left at a location for the purpose of storing or keeping household goods and other
personal property and that is intended to be filled, refilled or emptied and then removed for
storage off -site. Also, see Dumpster definition.
Recently Repaired Street shall mean any street section that has been reconstructed, paved, or
cutlered within the last five (5) years, or sealed within the last two (2) years.
Regulations shall mean these conditions, standards, rules, and requirements for the
performance of activities in a Right -of -Way.
Right -of -Way shall mean any public right-of-way within the city limits of the City of Georgetown,
including but not limited to any street, sidewalk, trail, alley, or public utility easement within the
jurisdiction of the City, and shall include all of the space above, under, and upon the surface of
the public right-of-way.
Service Pole shall mean a pole that supports traffic control functions; a structure for signage; a
pole that supports lighting, other than a Decorative Pole; and a pole or similar structure owned
or operated by the City and supporting only network nodes.
Storage Activities shall mean the placement of a Portable Storage Unit or Dumpster in a Right -
of -Way.
Street Cut shall mean an excavation or removal of pavement within a Right -of -Way.
Subcontractors shall mean any person, firm, or corporation performing work associated with a
Permit issued to another Entity.
Page 4 of 33
Travel Lane shall mean that portion of a street designated for vehicular travel by painted lane
markings or a minimum ten (10) foot width from the center of the street, median curb or painted
lane markings.
Utilities shall mean any infrastructure, equipment, or improvements of any kind or type associated
with the delivery, provision, transmission, distribution, operation, function, or monitoring of
publicly available services commonly or customarily provided by public or private Entities to
customers of the Entities or to the general public, including but not limited to water, sanitary
sewer, storm water sewer, electricity, gas, telephone, communication, telecommunication,
broadband, cable, and pipe or conduit for such services.
Utility Pole shall mean a pole that provides electric distribution with a voltage rating of not more
than 34.5 kilovolts.
Working Days shall mean all days on which City offices are open for business.
3.0 PERMIT PROCESS
3.1 Applicability
These Regulations apply to any Entity seeking to undertake Construction Activities,
Maintenance Activities, Storage Activities, or any other activities that may require traffic
control, obstruct visibility, or impair mobility within a Right -of -Way.
A Permit is required when an Entity is performing work under a contract or agreement
with the City, although fees for such Permit may be waived.
3.2 Contact Information
3.2.1 Phone Numbers
The following contact phone numbers are provided for the convenience of the applicant
or Permit Holder:
a. Texas Dig Test for utility locates: Call 811 before you dig.
b. Police Department Non -Emergency Number: (512) 930-3510
C. Public Works Department: (512) 930-2515
3.2.2 Addresses
The following City addresses are also provided for the convenience of the applicant or Permit
Holder:
a. City of Georgetown Municipal Complex (GMC), 300-1 Industrial Avenue,
Georgetown, Texas 78626
b. City of Georgetown City Hall, 808 Martin Luther King, Jr. Street,
Georgetown, Texas 78626
Page 5 of 33
C. City Website: www.georgetown.org - Click on City of Georgetown
Government, Public Works, and then Right -of -Way Permits.
3.3 When a Permit is Required
3.3.1 Construction Activities
a. A Permit is required for each project where Construction Activities will occur
within a Right -of -Way.
b. Phased projects or work areas that are geographically separated from each
other may require separate permits for each of the phases or areas, at the
discretion of the Director.
3.3.2 Maintenance Activities
a. A Permit is required when Maintenance Activities will occur in a Right -of -Way
of a collector or arterial street or will require closure of a Travel Lane,
shoulder, or the sidewalk in any Right -of -Way.
b. Entities that perform repetitive work or services at the same or multiple
locations within public rights -of -way may be eligible, at the discretion of the
Director, for an annual permit for Maintenance Activities. The activities
pursuant to such permits shall be subject to the standards and requirements
Sections 4 through 7, of these Regulations, as well as the penalties for any
violations thereof.
c. Collector and arterial street classifications are determined by the City's
Overall Transportation Plan (OTP), as may be amended from time -to -time,
which can be found on the City's website or by contacting the Public Works
Department.
3.3.2 Storage Activities
a. A Permit is required when Storage Activities will occur in a Right -of -Way of
a local street. Storage Activities are prohibited on collector and arterial
streets.
b. Storage Activities may only occur in a Right -of -Way for a Neighborhood
Project or if the applicant for a Permit makes a sufficient showing that the
Dumpster or Portable Storage Unit cannot safely and lawfully be stored on
private property and that it is not detrimental to the traveling public when
placed in the Right -of -Way.
C. Collector and arterial street classifications are determined by the City's
Overall Transportation Plan (OTP), as may be amended from time -to -time,
which can be found on the City's website or by contacting the Public Works
Department.
d. The decision to issue a Permit for Storage Activities shall be in the sole
discretion of the Director.
Page 6 of 33
3.3.3 Other Activities
a. A Permit is required for any activities that may require traffic control or will
obstruct visibility of motorists, bicyclists, or pedestrians traveling within the
Right -of -Way.
b. Loading or offloading vehicles or equipment into a Travel Lane, or obstruction
of a Travel Lane, is prohibited without a Permit. Notwithstanding the
foregoing, no Permit is required for loading or offloading vehicles or
equipment into a Travel Lane of a local street within the Downtown Overlay
District.
c. A Permit is required when any work outside of the public right-of-way of requires
the use of the right-of-way of a public street classified as a collector or arterial by
the City's OTP, or the closure of a Travel Lane or sidewalk in any Right -of -Way.
d. A Permit is required when an Entity proposes to cross a Right -of -Way with its
facilities, whether Construction Activities are proposed within the Right -of -Way
or not. The requirements of these Regulations, particularly the Direction Boring
or Minimum Line Height requirements of Sections 6.3.8 and 6.6, respectively,
shall apply to such activities.
3.4 Emergency Repairs
The notice requirements of Section 5.2 shall apply to any emergency repairs. Any Entity
undertaking an Emergency Repair shall: (1) submit a Permit application within three (3) days
following the date the emergency repair was initiated; and (2) pick up the Permit and pay any and
all applicable fees within fourteen (14) days thereafter. Failure to submit a Permit application or
to pick up the Permit within the timeframes required by this Section, or to timely appeal any
denial of the Permit by the Director, pursuant to Section 4.8, shall be a violation of these
Regulations, subject to the penalties herein.
3.5 Conditions of Construction Activities on Newly Constructed Streets or Recently
Repaired Streets
3.5.1 Construction Activities requiring a Street Cut on a Newly Constructed Street or
Recently Repaired Street shall be allowed subject to the conditions set forth in
Section 3.5.3 below.
3.5.2 In the event of Emergency Repairs, the party performing the work shall apply for a
Permit within three (3) days of the event necessitating the Emergency Repairs, and
the Director shall issue a conditional Permit in accordance with the terms of this
Section below. Emergency Repairs shall be allowed subject to the conditions set forth
in Section 3.5.3.
3.5.3 The Director shall issue a Permit for Construction Activities requiring a Street Cut on
a Newly Constructed Street or Recently Repaired Street if the application meets the
following conditions:
a. The City's annual street maintenance schedule could not be anticipated
prior to planning the proposed Street Cut;
Page 7 of 33
b. There are no feasible or prudent alternatives that eliminate the need for
the Street Cut;
C. The proposed Street Cut is needed to provide new service to a customer
or to perform Emergency Repairs; and
d. The applicant has offered to undertake additional measures provided by
the Director to mitigate the impact of the Street Cut, including but not
limited to resurfacing an area larger than the Street Cut, replacing or using
geogrid or other materials, providing a longer warranty period, making a
payment to the City equal to the anticipated restoration remedy, or a
reasonable combination thereof.
3.5.4 Any Permit issued for Construction Activities requiring a Street Cut in a Newly
Constructed Street or Recently Repaired Street shall clearly identify the
conditions under which said Permit has been issued, including any requirements
to undertake any proposed mitigating activities presented above, or activities
reasonably similar thereto.
3.6 Fees
Permit fees shall be paid prior to the issuance of the Permit in accordance with the Fee
Schedule attached hereto as Appendix A. The Fee Schedule can also be obtained at the
City of Georgetown Municipal Complex, 300-1 Industrial Avenue, or from the Public
Works Right -of -Way Permits page of the City website www.georgetown.org.
3.7 Application Information
3.7.1 Permit applications can be obtained at the City of Georgetown Municipal
Complex, 300-1 Industrial Avenue or from the Public Works Right -of -Way Permits
page of the City website: www. eor etown.ar .
3.7.2 Submittal Requirements
An application for a Permit shall not be deemed complete and processed unless
and until it includes the following information, unless otherwise waived in writing
by the Director:
a. Completed Permit application with estimated quantities for fee calculations.
b. Construction plans or sketch plan showing work location, street(s), work
address, or nearest intersecting street(s) and identifying all street names;
medians; ditch line; curb, gutter, and sidewalk; approximate easement
and property lines; existing and proposed utilities; all dimensions; and a
north arrow.
C. Grading, erosion control, and sediment control information. See Section
6.2 for additional information.
d. Plans identifying the scope of any proposed tree trimming, as well as
information identifying any measures to be taken to protect Heritage or
Protected Trees. See Section 5.13 for additional information.
Page 8 of 33
e. Documentation of written approval by the City's Development Engineer
of all new culvert locations/chase drains that are not associated with a
development permit.
f. Documentation of written approval by the City's Development Engineer of all new
driveway locations.
g. Traffic control plan or MUTCD plan number, including any street closure plans.
See Section 5.5 for additional information.
h. The name and phone number of a contact person who is available on a 24-hour
basis in the event the City becomes aware of an unsafe condition that warrants
immediate attention.
i. Proof of insurance coverage at the levels required by these Regulations.
j. Any performance or maintenance bonds required by these Regulations.
k. For an Entity that wishes to access a Service Pole, other than a City Service Pole,
a copy of the lease, license agreement, or other approval issued by the owner of
the pole.
The Director may, in his or her discretion, require additional plans or studies as
he or she deems necessary. Such plans and studies may include, but shall not be
limited to, a Stormwater Pollution Prevention Plan, a Tree Preservation Plan, a
pole -loading analysis, or a radio frequency interference study. See Section 4.11
for additional requirements for applications to install facilities on City Utility Poles
or Service Poles.
In addition, an application for a Permit shall not be deemed complete and processed
unless and until all applicable fees and fines owed by the applicant, for the proposed
activities or any others, have been paid in full to the City or otherwise waived by the
City Manager.
3.7.3 Contractor Bond Requirements
a. Except as set forth below ("Excepted Entities"), each Entity seeking to
obtain a Permit for Construction Activities or Maintenance Activities is
required to post and maintain, during the term of any Permit, a
minimum five thousand dollar ($5,000) bond. Excepted Entities are
required to provide the bond or a performance guarantee in a form
approved by the City that identifies the City as the beneficiary or secured
party of the performance guarantee. An approved performance
guarantee form (Letter of Responsibility and Agreement to Perform) can
be obtained at the Georgetown Municipal Complex, 300-1 Industrial
Avenue, Georgetown, Texas 78626.
b. Excepted Entities include:
1. A state, federal, or municipal government, when work is performed by
employees of the government entity;
Page 9 of 33
2. A water district organized under state statute, when the work is
performed by employees of the district;
3. A utility or communication company with a franchise agreement
with the City that specifically excepts it from this requirement;
4. the City, its officers, employees, and agents when performing work on
any public improvement;
5. any contractor performing construction work under a contract with the
City, if such contract requires bonding; and
6. any other Entity excepted by law.
3.7.4 Application Submittal and Processing Time
a. Beginning January 1, 2021, the Permit application and all supporting
documentation should be submitted to the Public Works Department via My
Permit Now, the City's permit software platform. Instructions are available on the
Public Works Right -of -Way Permits page of the City website:
www.peorgetown.org. Prior to January 1, 2021, applications may be
submitted in -person at the Georgetown Municipal Complex, 300-1
Industrial Avenue, Georgetown, Texas 78626.
b. A signature is required on the Permit application. By signing the application, the
Permit Holder agrees to abide by the Terms and Conditions attached to the
permit application.
C. The Director will not unreasonably withhold the issuance of a Permit and shall act
on all completed Permit applications within a reasonable time. An Entity shall
allow up to fourteen (14) calendar days to process a permit application.
4.0 GENERAL TERMS AND CONDITIONS
4.1 Compliance with Regulations: All activities under the Permit shall be performed in
accordance with the plans submitted to the City as part of the Permit application. In the
event of a conflict between the Permit and these Regulations, the Construction
Standards, or the Design Manual, the conflicting Regulations, Construction Standards, or
Design Manual shall govern, unless the deviation has been approved by the Director in
accordance with these Regulations (an "Approved Deviation"). Any Approved Deviation
from the City's Regulations, Construction Standards, or Design Manual, if granted, shall
be fully described in the permit along with the justification for same, and shall be
endorsed by the Director. In no event shall the Director approve a deviation from a
statute, ordinance, or other law, except in accordance with said law.
4.2 Permit Amendment: An amendment is required when the permitted area of work
increases by more than ten percent (10%), the length of time of the Permit is increased,
or additional Construction Activities are scheduled to occur which were not
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contemplated at the time the Permit was originally issued by the City. The final quantity
of work will be reviewed during the Final Completion inspection.
4.3 Preconstruction Meeting: The Director, in his or her sole discretion, may require a
preconstruction meeting prior to the commencement of any activities authorized under
the Permit. The Director may require attendance by any of the following parties: Owner,
Contractor, Subcontractors, project design engineer, and project design traffic engineer.
Starting work prior to a required preconstruction meeting shall constitute a violation of
these Regulations, subject to the penalties herein.
4.4 Subcontractors: Subcontractors are authorized to perform work under the Permit,
provided that they are listed on the Permit or are added to the Permit prior to starting
work. Subcontractors must retain the insurance required by these Regulations (see
Section 4.10). The Permit Holder shall be responsible to ensure that all contractors and
subcontractors comply with the terms and conditions of the Permit and these
Regulations. Failure to comply with these Regulations may result in a Notice of Violation
(NOV), revocation of the Permit, fines, criminal penalties, or any other remedy available
to the City at law.
4.5 Permit Amendments I Cancellations: A Permit may be cancelled at the discretion of the
Director and a new Permit required when a quantity specified as part of the Permit
increases by more than ten percent (10%), the length of time for the scheduled work is
increased, or additional Construction Activities that were not contemplated at the time
the Permit was originally issued by the City are scheduled to occur. The final quantity of
work will be reviewed during the Final Completion inspection.
4.6 Duration of Permit:
4.6.1 Permits for Maintenance Activities may be issued on an annual basis or by
location (up to three (3) locations). Annual permits for Maintenance Activities
must be renewed each calendar year. Permits issued by location (up to three (3)
locations) shall be in effect for 90 days unless otherwise restricted by the
Director to a shorter duration on a Permit from date of issuance.
Notwithstanding the foregoing, the requirements of Section 5 of these
Regulations shall apply to Maintenance Activities performed under an annual
Permit issued under this Section.
4.6.2 Permits for Construction Activities shall be in effect for 90 calendar days from date
of issuance.
4.6.3 Permits for Storage Activities shall be as follows:
a. A Permit for a Dumpster:
1. Shall be in effect for seven (7) calendar days from the date of
issuance for a Neighborhood Project or when the Dumpster is
being used in connection with work for which a City -issued building
permit is not required.
Page 11 of 33
2. May be in effect for up to 30 calendar days from the date of
issuance, as determined by the Director when the Dumpster is
directly associated with and necessary for an activity being
conducted pursuant to a valid and effective building permit issued
by the City to the Permit applicant.
3. The Permit Holder may request an extension from the Director so
long as a valid and effective Building Permit issued by the City is
current.
b. A Permit for a Portable Storage Unit shall be in effect for seven (7)
calendar days from the date of issuance.
4.6 Permit Extensions: The duration of any Permit may be extended when approved by the
Director. Requests for extension must be made in writing to the Director a minimum of
ten (10) Working Days prior to the Permit's expiration. The minimum fee to be charged
for extending a Permit is the base fee. Additional fees may be assessed at the discretion
of the Director.
4.7 Refunds: Except for Permits cancelled prior to any review, no refunds shall be issued on
any Permit fees paid without approval of the Director. Any administrative fees
(cancellation fee, technology fee), as set forth in Appendix A, shall be withheld from any
refunds issued for cancelled permits.
4.8 Appeals Procedure: Any applicant for a Permit and any Permit Holder may appeal to the
City Manager in writing any decision by the Director made pursuant to these Regulations,
including any fines issued pursuant to Section 7.6.2 of these Regulations. The City
Manager, or his or her designee, shall conduct an administrative hearing and render a
decision on such appeal based upon substantial evidence and in a competitively neutral
manner. The decision shall be made in writing within fourteen (14) calendar days
following the City's receipt of the written appeal. Such decision shall be final. Unless
otherwise approved by the Director in writing, no work under the Permit shall be allowed
during the pendency of the appeal.
4.9 Intergovernmental Cooperation: The Director shall have the authority to waive any of
the fees set forth in the Fee Schedule for any Permit issued to another Governmental
Entity.
4.10 Insurance Requirements: Except for an Excepted Entity as defined in Section 3.7.3.15, any
entity that desires to undertake activities within a Right -of -Way shall possess the levels
of insurance required as set forth in Appendix C. The Permit Holder shall be responsible
for ensuring that its contractor(s), and any subcontractor(s), performing activities within
a Right -of -Way also possess the insurance required by these Regulations.
4.11 Applications to Install Facilities on Utility Poles and Service Poles
4.11.1 Compliance with Regulations. In all instances, the installation of public or
private facilities on a Utility Pole or Service Pole shall comply with the
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requirements of these Regulations, the Construction Standards, the Design
Manual, and all other applicable laws, ordinances, or regulations.
4.11.2 Installation of Facilities on Utility _Pole s. The installation of any public or private
facilities on a City Utility Pole shall require a separate pole attachment
agreement approved by the City Council that sets forth the standards,
requirements, and conditions of any attachment(s).
4.11.3 Installation of Facilities on Service Poles. An application to install public or
private facilities on a Service Pole shall include a pole -loading analysis prepared
by a Texas -licensed professional engineer, a radio frequency interference study,
and any other information the Director may deem necessary to conduct his or
her review of the application. The pole loading analysis will be used by City to
determine if any make-ready work will be required prior to the installation of
the facilities. The application shall additionally demonstrate how the proposed
facilities will comply with the requirements of the Design Manual and the
specifications set forth in Section 6.5 of these Regulations.
5.0 REGULATIONS OF PERMITTED ACTIVITIES
5.1 24-Hour Point of Contact: The Permit Holder shall provide the name and phone number
of a contact person who is available on a 24-hour basis in the event the City becomes
aware of an unsafe condition that warrants immediate attention. The Permit Holder shall
immediately provide updated contact information to the Director whenever a change
occurs. If the contact person cannot be reached, the City may proceed to perform the
necessary work to remedy the unsafe condition in order to protect the public's safety, and
the Permit Holder shall be responsible for reimbursing the City for the City's actual costs
incurred. Failure to notify the Directorwhen a change occurs, failure to have a contact person
available when necessary, or failure fully and timely reimburse the City for the City's actual
costs incurred shall each constitute a separate violation of these Regulations, subject to the
penalties set forth herein.
5.2 Notifications:
5.2.1 The Permit Holder shall notify the Director a minimum of two (2) Working Days
prior to initiating planned (non -emergency) Construction Activities and a
minimum of twenty-four (24) hours in advance of each required inspection.
Contact the Public Works Department at (512) 930-2515 for notifications. A
penalty may be charged to the Permit Holder if the contractor cancels a scheduled
inspection or changes the work schedule without providing a minimum of four (4)
hours advance notice to the Director, in accordance with the provisions of
Appendix B.
5.2.2 The Permit Holder shall notify the Director no later than 4:00 pm on the Working
Day preceding the scheduled commencement of planned (non -emergency)
Maintenance Activities. For Maintenance Activities involving a multiple day
period or multiple locations, a work and/or project schedule may be provided to
the Director in lieu of such notifications. The work and/or project schedule shall
Page 13 of 33
contain the location(s) of the Maintenance Activities, start date(s) and the
estimated duration of the work to be performed at each site. Failure to contact
the City prior to initiating work shall be considered a violation of these
Regulations, subject to the penalties set forth herein.
5.2.3 An Entity shall notify the Director as promptly as possible after beginning any
work or operations related to Emergency Repairs in a Right -of -Way. Failure to
notify the Director within a reasonable time after initiating the Emergency
Repairs shall be considered a violation of these Regulations, subject to the
penalties set forth herein.
5.2.4 Permit Posting for Construction Activities: When the work involves Construction
Activities, a copy of the Permit with reviewed and accepted traffic control plans
shall be available at the site at all times when work is being performed.
5.2.5 Permit Posting for Maintenance Activities: When work involves Maintenance
Activities, the Permit Holder's contractor shall have a copy of the Permit or the
permit number available for the Director to verify.
5.2.6 Permit Posting for Storage Activities: When the work involves Storage Activities,
the Permit Holder shall affix two (2) copies of the Permit to the Dumpster or
Portable Storage Unit and shall retain one (1) copy for the Permit Holder's
records.
5.2.7 Permit Posting for Other Activities: When the work involves other activities that
may require traffic control or obstruct the visibility of motorists, bicyclists, and
pedestrians, the Permit Holder's contractor shall have a copy of the Permit or the
permit number available for the Director to verify.
5.3 Work Schedule: The key schedule dates below shall be provided to the Director when
the 24-hour notice is given prior to starting work, as required by these Regulations.
Failure to inform the Director of changes to the schedule or inspection dates shall be a
violation of these Regulations, subject to the penalties set forth herein. The key
schedule dates are: project start date; estimated date of completion of subgrade
preparation for paving or patching; estimated start date of paving or patching restoration;
and estimated project completion date.
5.4 Work Hours:
Work hours are limited to 8:00 a.m. to 5:00 p.m., Monday through Friday, on local
streets. On arterial and collector streets, permitted daytime work shall be performed
between the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday, unless otherwise
permitted. Permitted night hours work activity on arterial and collector streets shall
begin no earlier than 7:00 p.m. and end by 6:00 a.m. on the following day. No work is
permitted on Saturday, Sunday or designated Holiday without prior approval of the
Director. Traffic control setup and removal shall be performed within the specified
working hours, unless approved otherwise on the Permit's traffic control plan.
Preparations that do not interfere with vehicular or pedestrian movement, City
functions, or the permitted activities of others are allowed. For work requiring a lane
closure outside of the specified hours, written approval must be provided by the
Page 14 of 33
Director. Activities occurring outside of the above referenced working hours without
written approval shall be a violation of these Regulations, subject to the penalties set forth
herein.
5.5 Traffic Control:
The approved traffic control plan shall be modified in the field, when required by the
Director, in order to improve traffic flow or safety. Barricades, cones, signs, or other
vehicular or pedestrian traffic controls shall be taken out of service after designated
working hours unless their use and application are required to ensure the safety of the
traveling public. In that case, those controls shall be noted on the approved traffic
control plan.
5.5.1 General
Construction Activities or Maintenance Activities that involve vehicles, materials or
equipment that interfere with the movement of vehicular or pedestrian traffic on any
public street must have appropriate traffic control during the activity. Traffic control
devices and standards shall be in accordance with the most recent version of the
MUTCD. Traffic control plans shall be provided when applying for a Permit for
Construction Activities. Traffic control for Maintenance Activities shall be provided in
accordance with the requirements of this section. When required by the Director, the
contractor shall modify the traffic control plan in the field in order to improve traffic
flow or safety. Improper installation of traffic control shall constitute a violation of
these Regulations, subject to the penalties set forth herein. All excavations shall be
protected and surrounded with safety orange fence and type one barriers with
reflective lights.
5.5.2 Traffic Control for Maintenance Activities
Traffic control for maintenance activities is generally considered to be "short-term
stationary," "short -duration," or "mobile," as defined by the MUTCD Chapter 6G.
Permit requirements are as follows:
a. For short-term stationary (daytime work at one (1) location for more than one
(1) hour and completed within one (1) day) and short -duration work (work in
one location for up to one hour), vehicle(s) shall have a rotating
beacon/strobe light. An arrow board or arrow stick can be substituted for a
rotating beacon/strobe light. A vehicle shall be augmented with arrow panels
when working on arterial streets. A minimum of five (5) cones beginning at
the back of the vehicle will be spaced at distances equal to the speed limit in
feet for each adjacent Travel Lane.
b. For mobile work (continuously moving operation with short- duration stops),
TA-35 for streets with more than two (2) lanes and TA-17 for two (2) lane
streets must be followed. Shadow vehicles must be equipped with arrow
panels and proper signs. Cones and attenuators are not required.
Page 15 of 33
C. Vehicles and equipment shall not block sidewalks if pedestrians cannot
safely pass around them and shall be moved from sidewalks to
accommodate disabled people if necessary.
5.5.3 Minor Traffic Control for Construction Activities
a. Typical application (TA) plans provided in the MUTCD, Section 6H.01, may
be copied and submitted as traffic control plans when work does not
involve conditions listed under Section 5.5.4 for major traffic control, such
as work within an intersection or a traffic control zone that passes through
an intersection.
b. Traffic control plans for sidewalk closures are required.
5.5.4 Major Traffic Control for Construction Activities
A traffic control plan, including any sidewalk closures, shall be prepared submitted
with the Permit application when one (1) or more of the following conditions occur:
a. The length of the traffic control zone passes through an intersection;
b. Work occurs within an intersection;
C. Full street closures are proposed;
d. Detours are proposed; or
e. When required by the Director.
5.5.5 Variable Message Boards and Neighborhood Information
a. Variable Message Boards should be considered and may be required by
the Director for Construction Activities on arterial streets. When proposed
or required, message boards will be provided a minimum of 48 hours in
advance of the start of construction.
b. Neighborhood notification by door hangers or flyers may be required by
the Director when Construction Activities will significantly impact
neighborhood traffic. When required, door hangers or flyers will be
distributed within an area designated by the Director a minimum of 48
hours in advance of the start of construction.
c. The Director may require Permit Holders or contractors to provide news
release information in significantly affected neighborhoods and meet with
homeowner associations in advance of the work to obtain their input and
minimize the noise, congestion and inconvenience that will occur.
5.6 Daily Cleanup: Upon completion of each day's work, the Permit Holder is responsible for
ensuring that all litter, construction debris and other waste materials resulting from the
work is removed from the site and that the site is left in a neat and orderly appearance.
The street pavement and sidewalk shall be swept daily, if required by the Director, for
dust control and to remove all loose material resulting from the work.
Page 16 of 33
5.7 Pumned Water:
Sediment and/or debris from water that is pumped out of structures during -Maintenance
Activities or maintenance work on residential streets shall be contained within the work
area and removed from the street. Sediment shall not flow to the gutter or ditch without
providing inlet protection and/or sediment control devices for containment. The
contractor shall clean the street and gutters whenever sediment is pumped out of a work
area. Failure to provide sediment control when sediment is discharged outside of the
work area shall constitute a violation of these Regulations, subject to the penalties set
forth herein.
5.8 Temporary Patching: All pavement cuts open to traffic shall be temporarily patched until
permanent patching is completed. Cold mix asphalt, hot mix asphalt, or flowable fill
material with minimum two (2) inch depth shall be used for temporary patching. The
temporary patch shall be maintained to provide a level road surface until permanent hot
mix asphalt is placed.
5.9 Permanent Patching: Weather permitting, placement of the permanent patch or surface
course shall be completed within seven (7) calendar days for residential streets and two
(2) calendar days for collector and arterial streets, following the installation of the
temporary patching, unless an extended date is submitted and approved by the Director.
5.10 Property Damage: Any damage to public or private facilities as a result of the permitted
activities shall be the responsibility of the Permit Holder.
5.11 Safety: The Permit Holder assumes full and complete responsibility for job site conditions
and the safety of all persons and property within the job site during the course of the
permitted activity.
5.12 Site Restoration: All repairs shall cause the Right -of -Way to be returned to a condition
equal to or better than the condition prior to the work within seven (7) calendar days of
the work being substantially complete, unless the Permit Holder receives written
approval for an extended date from the Director. Site restoration may include final street
and sidewalk sweeping, vegetation and landscape restoration, pavement striping, utility
locating paint and flag removal, and removal of erosion and siltation controls. The work
is substantially complete when the major items of work on a Permit, such as the repair
or installation of a structure or utility, are complete as evidenced by opening the street
to traffic and removing materials, equipment and/or traffic controls.
5.13 Tree Preservation: The City's Urban Forester shall be notified in advance of any planned
trimming of trees within a Right -of -Way. Additionally, no Protected or Heritage Tree
shall be trimmed except in accordance with the requirements of the City's Tree
Preservation Ordinance, Section 8.02 of the Unified Development Code of the City of
Georgetown. The Director shall identify on the Permit any additional tree protection
measures required as a condition of the issuance of the Permit.
6.0 STANDARDS
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6.1 Storage Activities
6.1.1 Acceptable locations: Storage Activities are not allowed on roadways the
City has designated as arterial or collector streets.
6.1.2 Placement of Dum ster or Portable Story a Unit: A Dumpster or Portable
Storage Unit may only be placed:
a. Within the portions of a Right -of -Way where vehicular parking is permitted;
b. Within twelve inches (12") of the adjacent curb or, where no curb
exists, the edge of pavement;
C. In a manner that it does not block, impair or interfere with the use of a
sidewalk;
d_ In a manner that it does not block, impair or interfere with motorist visibility
at any intersection; and
e. At the location shown or described in the Permit.
6.1.3 Maintenance: The Permit Holder shall adequately maintain the Dumpster or
Portable Storage Unit and the area surrounding such container by:
a. Maintaining two (2) or more pylons, traffic cones or other type of markers
at the corner of the Dumpster or Portable Storage Unit; and
b. Immediately removing any junk, trash, or materials outside or adjacent to
the Dumpster or Portable Storage Unit; and
C. Immediately removing all graffiti from the exterior of the Dumpster or
Portable Storage Unit.
6.1.4 Removal When Filled: The Permit Holder shall remove permanently or replace a
Dumpster within twenty-four (24) hours after it is filled to capacity.
6.1.5 ❑aura-ge: Any damage to a Right -of -Way caused by the Storage Activities shall
be immediately reported to the Director.
6.2 Erosion and Sediment Control: Erosion and sediment control shall be provided for work
where sediment could be discharged outside of the work limits or into a storm drain.
Erosion and sediment controls shall be required for, but not limited to, the following work:
Trenching or excavation; Grading; Boring or tunneling; Utility plowing; Sediment pumped
from manholes and vaults that will enter a storm drain; and Stockpiling excavated or backfill
materials.
6.3 Construction
The most current edition of the Construction Standards shall apply to construction
within a Right -of -Way, except as modified in this section.
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6.3.1 Pavement Cutting
4�. All pavement cuts shall be in straight lines parallel or perpendicular to
the street centerline. Irregular shaped cuts with more than four sides
will not be allowed. Cuts within existing patched areas must be
extended to the edge of the existing patched area if the proposed cut is
within four (4) feet of the edge of the existing patch.
b_ All asphalt pavements shall be cut by wheel -cutting, saw -cutting,
rotomilling or other methods that assures a straight, uniform, vertical
edge for the required depth of the cut, as approved in advance by the
Director. Saw cuts extending beyond the patch limits by more than the
depth of the cut may require crack sealing.
C. All cuts in concrete pavement require saw cutting. Saw cuts through curb
and gutter sections must be continuous through the base of the curb
head.
d. The minimum size of an asphalt pavement cut shall be three (3) feet by
three (3) feet.
e. The minimum width of asphalt pavement removal adjacent to concrete
replacement shall be 18 inches. This requirement may be waived by the
Director if the condition of the asphalt warrants no removal.
f. The contractor may initially remove less pavement than the required
replacement area. The final limits of pavement removal for any pavement
patch shall comply with the Regulations.
g. Any pavement cut edge that is damaged by Construction Activities shall be
cut back beyond the damage for the entire length of the cut to provide a
continuously straight and vertical edge prior to patching. Damage to exposed
concrete faces may require the removal and replacement of additional
concrete pavement sections.
h. Any sloughing of the excavation wall that causes undermining of the
pavement cut shall require cutting the pavement back beyond the limits of
undermining for the entire length of the cut prior to backfill and patching.
i. Use of steel plate(s) to cover excavations is not permitted unless
specifically authorized by the Director. All trenches and other
excavations must be backfilled with a temporary cold mix asphalt paving
surface provided at the end of each workday. The use of asphalt millings
or other aggregates is not permitted. The use of hot mix asphalt paving
for temporary patching is acceptable.
6.3.2 Backfill and Compaction
a. Backfill: Backfill for excavations shall be composed of suitable excavated
material, TOOT Class 6 base course material or flowable fill, such as flowfill
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or flashfill. Excavated material shall be approved by the Director in writing
prior to backfill.
b. Flowable fill: Flowable fill shall be flowfill or flashfill type material with a
design compressive strength between 50 and 150 psi at 28 days when
tested in accordance with ASTM D4832.
C. Compaction testing re uirements: Compaction tests of backfill, except
flowable fill, shall be provided by the permittee or their designated
subcontractor when the patching area exceeds 250 square feet.
Compaction testing on other projects may not be required when 24 hours
advance notice is provided to the Director prior to backfilling. When
testing is required, compaction test results shall be certified by a Texas -
licensed Professional Engineer and provided to the Director. Backfill
material shall be compacted according to the requirements of the
followingtable:
AASHTO
Compaction
Moisture
Content
Deviation from
Classification
Percent of Maximum
Optimum
Clay Soils A-6, A-7
95% Min of AASHTO T-99
0% to +2%
Standard Proctor
Method
Sands, Gravels,
95% Min of AASHTO T-180
-2% to +2%
Silts
A-1, A-2, A-3, A-4, A-
Standard Proctor
5
Method
d. Compaction testing frequency: When compaction testing is required,
trench backfill shall be tested at maximum depth intervals of two (2) feet
and maximum length intervals of 125 feet. A minimum of one test
location is required within one (1) foot of a manhole, valve box, or other
structure. Excavated areas, other than trenches, shall be tested at a
minimum of three (3) test locations per 250 square feet. Testing
frequency may be increased or decreased when directed in writing by the
Director. Compaction test results shall be certified by a Texas -licensed
Professional Engineer and provided to the Director prior to Acceptance.
If no test results are received or test results are unsatisfactory, the
Contractor shall be required to remove and recompact the entire
excavation upon written notice by the Director. All removal and
recompaction activities shall be completed within fourteen (14) calendar
days following the date of the Director's written notice issued pursuant
to this Section.
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Test holes: Test holes, potholes for utilities or core borings less than one
(1) square foot in area shall be backfilled with flowable fill or squeegee to
the bottom of the pavement or six (6) inches from the pavement surface,
whichever provides greater pavement patching thickness.
6.3.3 Permanent Patching
Patch depth: The hot mix asphalt patching depth shall be equal to the
existing asphalt thickness or a minimum of six (6) inches, whichever is
greater.
b. Tack: Tack coat shall be applied to the vertical face of all pavement cuts
edges and milled surfaces prior to patching or placement of any asphaltic
surface or base course materials.
c. Types and limits of patch: Street Cuts with an area of 250 square feet
or less and patch -back areas (see 6.3.3.d) may be patched within the
limits of the pavement cut. The limits shall be approved by the Director
prior to patching. Street Cuts, regardless of size, in Newly Constructed
Streets or Recently Repaired Streets shall be Infrared Patched or milled
and overlaid to a depth of two (2) inches below the existing pavement
surface and in parallel lines at a minimum distance of one (1) foot beyond
the pavement cuts. For Street Cuts greater than 250 square feet, the City
shall, at its discretion require, Infrared Patching or mill and overlay. When
any asphalt overlay or patch edge is within two (2) feet of the lip of a
cross -pan, gutter or other concrete edge, the limits of required patching
or trench overlay shall be extended to the concrete edge.
d. Patch -back: Asphalt patching (patch -back) along curb, gutter, sidewalk,
crosspans, aprons or other concrete that is removed for replacement,
shall have a minimum width of 18 inches from the edge of the concrete
for the entire length of the new concrete. The Director may waive the
requirement for patch back.
e. New pavement: See Section 6.3.6.
Patches less than 25❑ SF: Areas less than 250 square feet and patch
back areas for concrete replacement may use hot mix asphalt with for the
full depth of the patch with a maximum compacted lift thickness of three
(3) inches.
g. Patches ereater than 250 SF: Areas greater than 250 square feet shall
be patched as follows:
Minimum compacted thickness of the surface course shall be two
(2) inches of hot mix asphalt with grading SX aggregate and the
proper asphalt grade (see 6.3.5).
Maximum compacted thickness shall be three (3) inches.
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Minimum compacted thickness of the asphalt base course shall
be three (3) inches of hot mix asphalt with grading S aggregate
and the proper asphalt grade (see 6.3.5).
4. Maximum compacted thickness shall be four (4) inches
Total patch area greater than_1000 SF: If the total patching area within a
one (1) linear mile section exceeds 1000 SF, then a two (2) inch mill and
overlay will be required for the entire lane width of the patch.
Open seams: Patch seams that open in excess of 1/8 inch during the
warranty period shall be crack sealed.
Smoothness: All pavements shall be replaced to uniform lines and grades
to match the longitudinal slope of the existing pavement. When
checked with a 10-foot straight edge, variations in the pavement surface
shall not exceed plus or minus one-fourth (1/4) of an inch.
6.3.4 Temporary Patching
Time limits: All Street Cuts open to traffic shall be temporarily patched
until permanent patching is completed. The temporary patch shall be
maintained to provide a level road surface until permanent hot mix
asphalt is placed. Refer to Section 6.3.3 for permanent patching
requirements.
b. City patching: If a permanent patch is not placed within fourteen (14)
calendar days after placement of the temporary patch, the City has the
authority to hire and/or perform the permanent patching operations and
assess the total cost to perform this work plus to the Permit Holder for
reimbursement. Any City costs shall be paid by the Permit Holder within
30 days following the date on which the City has assessed the costs to the
Permit Holder and delivered a written statement invoicing said costs.
Eligible costs associated with the City's permanent patching work may
include, but are not limited to, traffic control, mobilization, materials,
equipment and labor. If the Permit Holder does not fully reimburse the
City for these costs within 30 days of the City submitting an invoice to the
Permit Holder, the City may withhold the approval of future permits or
suspend existing permits for the Permit Holder, or any other entity
retained to perform work on behalf of the Permit Holder, until full
reimbursement of the City costs has been received by the City.
C. Materials: Temporary patching materials shall be cold mix asphalt, hot mix
asphalt or flowable fill material, with a minimum two (2) inch depth. See
Section 6.3.5 for asphalt material specifications.
6.3.5 Asphalt Materials and Compaction
Tack coat material: Tack coat material shall comply with TxDOTStandards
and specifications for CSS-1h emulsified asphalt.
Page 22 of 33
b. Compaction testing requirements: Unless directed otherwise by the
Director in writing, asphalt compaction testing may not be required
when 24 hours advance notice of patching and/or paving is provided to
the Director. When required, compaction test results shall be certified by
a Texas -licensed Professional Engineer and provided to the Inspector. Hot
mix asphalt shall be compacted to 92% - 96% of maximum density.
C. Compaction testing frequency: When asphalt compaction testing is required
by the Director in writing, asphalt compaction for trenches shall be tested
at maximum intervals of 250 feet per lane width. A minimum of one (1)
test location is required within one (1) foot of a manhole or valve box.
Patched or paved areas, other than trenches, shall be tested in maximum
500 square foot areas with a minimum of three (3) test locations per
excavated area. Each asphalt lift shall be tested.
d. Test holes: Asphalt patching for test holes and core borings shall be
compacted with a pneumatic compactor (pogo stick) or other approved
method.
6.3.6 Concrete Pavement Replacement and Repair
a. Pavement removal area and replacement depth: Entire jointed panels
shall be replaced when a Street Cut is made within the panels, with
the concrete pavement saw -cut to the full depth of the existing
pavement. The joints shall be constructed in the same pattern as the
existing pavement.
b. Manholes and structures: When replacing concrete around a manhole,
valve box or other structure that is not within an existing jointed section
for the structure, the existing concrete pavement shall be cut to provide
a minimum two (2) foot by two (2) foot square joint pattern that is
approved by the Director. Replacement of the entire jointed section of
the existing pavement, as stated in Section 6.3.6.a, is not required.
C. Potholes: Potholes, test holes and core borings less than (1) one square
foot in area shall be repaired for the full depth of the concrete by placing
Quikrete, Rapid Set or an approved equal concrete repair product with a
minimum one (1) day compressive strength of4,000 psi. More than one (1)
hole in a jointed section may require replacement of the jointed section
when directed by the Director in writing.
d. Mix design: Concrete mix design for pavement sections shall meet or exceed
the Construction Standards mix designs and shall be approved by the City
prior to placement.
e. Panel 'oints at saw -cuts: Rebar doweling is required at the saw-cutjoints
for all concrete pavement repairs. Grade 40, epoxy coated rebar (#5
rebar) with 5/8" diameter, must be provided at 12 inches on centers for
each side of the Street Cut. Rebar dowels shall be placed at half of the
pavement depth. Rebar dowels shall be a minimum of 24 inches in
Page 23 of 33
length to allow for 12 inches drilled into the existing pavement and 12
inches of embedment into the new concrete pavement. Rebar dowels
shall be set into the drilled holes with epoxy adhesive.
f. Panel ioints for new concrete: Provide contraction joint assemblies for
panel joints in new concrete. Epoxy -coated steel dowels 1.25 inch
diameter, grade 60 shall be used. Dowels shall be minimum 18 inches in
length and placed at 12 inches on centers and at 1/2 the pavement
thickness.
g. Joint dimensions: After placement of concrete pavement, joints shall
be saw -cut or tooled to a depth of 1/4 of the concrete slab's thickness.
Maximum joint width at the surface shall be 5/16 inch.
h. Joint Sealant: Joints shall be sealed with gray silicone concrete
pavement sealant, such as Dow 888, Dow 888-SL or an approved
equivalent.
6.3.7 Concrete Curb, Gutter and Sidewalk
a. Standards: This section applies to concrete curb, gutter, sidewalk,
crosspans, aprons, curb ramps and other types of flatwork. Construction
shall be in accordance with the Construction Standards unless specified
otherwise in this section. Concrete pavements, crosspans, aprons and the
like shall be replaced to the limits of the existing joint pattern.
b. Saw -cutting: All concrete removal shall be saw -cut to the full depth of the
concrete and continuous through the curb head.
C. Mix design: Concrete mix design for curb, gutter and sidewalk shall meet or
exceed TOOT Class D specifications and have a minimum 28-day
compressive strength of 4,000 psi.
d. Base course: A minimum six (6) inch thick aggregate base course
complying with TxDOT Class 6 material is required. Compaction of
subgrade and base course shall be inspected by the Director prior to
placing concrete.
e. Minimum concrete thickness:
1. Crosspans and aprons — 10 inches per Construction Standards
2. Driveways and detached sidewalks — six (6) inches
3. Combination or monolithic curb, gutter and sidewalk — six (6)
inches
4. Curb ramps — per Construction Standards
f. Contraction joints: Sidewalk shall be replaced with transverse contraction
joints not exceeding the width of the sidewalk. Curb or combination curb,
Page 24 of 33
gutter and sidewalk sections shall be replaced in full sections that are
nominally 10 feet long. Joints shall be saw -cut or tooled to a depth of 1/4 of
the concrete slab thickness. Maximum joint width at the surface shall be 5/16
inch.
g. Expansion 'pints: Expansion joint material shall be placed along cuts
for structures, such as poles and posts.
6.3.8 Directional Boring
a. Permit Holder shall provide documentation for the bore depth, which
must be in accordance with manufacturer recommendations for the bore
size and soil type to be encountered.
b. Permit Holder shall evaluate the pavement surface every 50 feet along
a directional bore for displacement and stop operations when the vertical
displacement of the surface exceeds 0.5 inch.
6.3.9 Taper Lengths
The minimum taper lengths (L) required for Travel Lane shall meet the
requirements of the MUTCD, Section 6C.08. Where conditions warrant, the
Director reserves the right to require adjustments in taper lengths to conform to
the project site requirements and/or limitations.
6.4 Pavement Restoration
6.4.1 Mill and Overlay: The Permit Holder or contractor shall mill and overlay for the
length of the Street Cut and the full width of the lane to a depth of two (2) inches.
The following guidelines shall be used to determine the milling area for the overlay:
a. Streets with No Lane Striping or Centerline Striping Only
1. A strip of pavement over the street cut shall be milled to a two
(2) inch depth and a width of 12 feet, plus any additional width
for the requirement to mill one (1) foot beyond the edges of the
pavement cut.
2. If the location of the milled strip will result in an edge less than four
(4) feet from the street centerline or gutter lip line, the width shall be
extended to the street centerline or gutter lip line.
3. If the location of the milled strip will result in an edge less than one
(1) foot from an existing pavement joint, the width shall be extended
to the joint.
4. If the location of the milled strip is over the street centerline, the
minimum milled width along a centerline shall be four (4) feet.
b. Streets with Lane Striping
Page 25 of 33
1. A strip of pavement over the street cut shall be milled to a two
(2) inch depth and a width of one (1) lane, plus any additional
width for the requirement to mill one (1) foot beyond the edges
of the pavement cut.
2. The edges of the milled strip shall be at the lane stripes or centered
in a lane. If the location of the milled strip will result in an edge less
than two (2) feet from an existing pavement joint, the width shall be
extended to the joint Increased milling greater than one (1) lane
width shall be made in 1/2 lane width increments.
6.5 Installation of Facilities on Service Poles
If an Entity seeks to install facilities on a Service Pole, including network nodes to be
collocated on Service Pole pursuant to Chapter 284 of the Local Government Code, a
Permit shall be required. In accordance with Section 4.11 of these Regulations, a pole -
loading analysis shall be required. A radio frequency interference study may also be
required by the Director, if he or she has a credible belief that the proposed facilities may
interfere with the operations of the traffic signal or other City communications
equipment on the Service Pole.
6.5.1 Make -Ready Work. The pole loading analysis will be used by the City to
determine if any make-ready work will be repaired prior to the installation of the
facilities. If the pole loading analysis indicates that no make-ready work is
required prior to installation of the facilities, the City will so notify the applicant
and will issue the Permit for the installation of the facilities. If the pole loading
analysis indicates that make-ready work will be required prior to installation of
the facilities, such make-ready work will be identified on the Permit as a condition
of the issuance of the Permit.
6.5.2 No Interference. If required, the radio frequency interference study will be used
by the City to determine if the installation of the facilities will interfere with the
operations of the traffic signal or other City communications equipment on the
Service Pole. In no event shall a Permit be issued if the City determines that the
facilities will interfere with the operations of the traffic signal or other City
communications equipment on the Service Pole, and the City reserves the right
to remove any facilities it determines, in its sole discretion, interfere with said
operations.
6.5.3 Equipment Color. Any facilities installed on a City Service Pole shall be
camouflaged in accordance with the requirements of the Design Manual, if
applicable, or shall otherwise be colored to match the color of the Service Pole.
6.5.4 Equipment Height. Any facilities installed on a City Service Pole shall be placed no
lower than eight (8) feet above the ground.
6.6 Minimum Line Height. To protect the health and safety of the traveling public, the
minimum vertical clearance above a street shall be 22 feet for electric lines, and 18 feet
for communication and cable television lines. Furthermore, the minimum vertical
clearance above a sidewalk shall be nine (9) feet for any line, cable, or other wire.
Page 26 of 33
6.7 Undergroundin . If undergrounding of electrical lines or telecommunication lines is
required by ordinance, such undergrounding shall conform to the standards and
specifications of the Construction Manual and the applicable ordinance. No Permit shall
be issued for the installation of overhead electrical lines or telecommunication lines that
would violate a City ordinance or other law, including the requirements of the Gateway
Overlay District, Section 4.11 of the City's Unified Development Code.
6.8 No Obstruction. A Permit shall not be issued to install facilities that would, as
determined by the Director, obstruct, impede, or hinder the usual travel or public safety
on a Right -of -Way; obstruct the legal use of a Right -of -Way by other utility providers;
violate nondiscriminatory applicable codes; or violate the federal Americans with
Disabilities Act of 1990. In particular, in no event shall a Permit be issued to install
facilities within a "Sight Triangle," as defined by Chapter 12.44 of the City's Code of
Ordinances, except in accordance with said Chapter.
7.0INSPECTIONS, ACCEPTANCE, AND ENFORCEMENT
7.1 Completion inspection: The Permit Holder or contractor shall schedule a completion
inspection with the Director a minimum of twenty-four (24) hours in advance of leaving
the site after completion of the work. The Director shall provide an inspection report
with a written punchlist of all deficiencies, if any, that must be corrected prior to
acceptance of the work for completion of the Permit. The Permit Holder shall complete
the punchlist and schedule a final inspection within seven (7) calendar days, unless a
written extension is approved by the Director. If there are no punchlist items, the
completion inspection will be the final inspection. Failure to schedule a completion
inspection prior to leaving the site after completing the work shall constitute a violation
of these Regulations, subject to the penalties set forth herein.
7.2 Final Inspection: If the completion inspection is not the final inspection, the Permit
Holder or contractor shall complete the punchlist and schedule a final inspection within
seven (7) calendar days, unless a written extension is approved by the Director. Failure
to complete the punchlist items within the period approved by the Director and schedule
the Final Inspection shall constitute a violation of these Regulations, subject to the
penalties set forth herein. If the Director does not accept the corrected work at the final
inspection, or the work is not completed, the Director may, in his or her sole discretion,
either grant the Permit Holder an extension to complete the work or issue a Notice of
Violation (see Section 7.6.2).
7.3 Acceptance: Upon acceptance of the work after the final inspection, the Director will sign
and date the Permit to indicate the start date for the warranty period.
7.4 Warranty: All work performed under the Permit shall be warranted for two (2) years
from the date of acceptance. During the warranty period, the Permit Holder may be
notified in writing of any defective work and shall correct the defective work within
fourteen (14) calendar days or the time allowed in writing by the Director. The corrective
work shall be warranted for two (2) years after completion. Failure to correct the
deficiencies within the required time period, or obtain a written extension, shall
Page 27 of 33
constitute a violation of these Regulations, subject to the penalties herein. As set forth
in Section 3.5, a warranty period exceeding two (2) years may be required for
Construction Activities permitted to occur within a Newly Constructed Street or Recently
Repaired Street.
7.5 Warranty Inspection: The Director will send a notice of warranty inspection to the Permit
Holder prior to the warranty expiration date. The notice will indicate that the work is
Accepted and the Permit is closed, or it will include a written punchlist of deficiencies
that must be corrected within fourteen (14) calendar days or the time allowed in writing
by the Director. The Permit Holder shall notify the Director after the punchlist is
completed. Failure to complete the punchlist within the require time period, or obtain a
written extension, shall constitute a violation of these Regulations, subject to the
penalties set forth herein.
7.6 Enforcement
7.6.1 Stop Work Orders
a. The Director may issue a Stop Work Order when a Permit is not obtained
prior to starting an activity that requires a Permit under Chapter 12.08 of
the Code of Ordinances and these Regulations, or when an activity
performed under a Permit is not in compliance with these Regulations
and/or the requirements of the Permit.
b. The Stop Work Order may be delivered to the Permit Holder or the party
performing the activity.
C. Upon issuance of a Stop Work Order, the recipient shall secure the site(s),
provide the necessary traffic control and discontinue all non -corrective work
within the Right -of -Way.
d. A Stop Work Order shall instruct the Permit Holder or the party performing
the activity to correct any identified deficiencies in the permit application or
to correct any activities in violation of these Regulations, as determined by
the Director. The Stop Work Order will additionally identify fees due to the
City as a condition for the Stop Work Order to be lifted, including the basis
thereof. No further work will be allowed until the corrections are completed,
all fees are paid, and approval is provided by the Director.
e. A Stop Work Order shall also inform the Permit Holder or the party
performing the activity of its right to appeal the issuance of the order to the
City Manager within fourteen (14) calendar days, pursuant to Section 4.8 of
these Regulations.
7.6.2 Notice of Violation
a. When a Stop Work Order issued under Section 7.6.1 is violated, or when
a Stop Work Order would be ineffective or inapplicable, the Director may
issue a Notice of Violation whenever a Permit is not obtained prior to
starting an activity that requires a Permit under Chapter 12.08 of the Code
Page 28 of 33
of Ordinances and these Regulations, or whenever an activity performed
under a Permit is not in compliance with these Regulations and/or the
requirements of the Permit.
b. A Notice of Violation may be issued to a Permit Holder or the party
performing the activity.
c. Upon issuance of a Notice of Violation, the recipient shall secure the site(s),
provide the necessary traffic control and discontinue all non -corrective work
within the Right -of -Way.
d. A Notice of Violation shall instruct the Permit Holder or the party performing
the activity to correct any identified deficiencies in the permit application or
to correct any activities in violation of these Regulations, as determined by
the Director. The Notice of Violation shall additionally set forth any fines due
thereunder, in the amount shown in Appendix B (Schedule of Fines), and
the basis thereof. The Schedule of Fines specifically includes and
references increased fines for second and subsequent Notices of
Violation. A Notice of Violation issued for working without a permit or in
violation of a Stop Work Order must be corrected within one (1) Working
Day, and other corrective actions must be initiated within three (3)
Working Days and corrected within five (5) Working Days, unless
extensions are approved by the Director and included in the completion
date. If the corrections are not completed by the date required on the
Notice of Violation, an additional Notice of Violation with the associated
fine, to be assessed in the amount set forth in the Schedule of Fines, may
be issued by the Director.
e. No further work will be allowed until the corrections are completed, all fees
and fines are paid, and approval is provided by the Director.
f. A Notice of Violation shall also inform the Permit Holder or the party
performing the activity of its right to appeal the issuance of the Notice of
Violation to the City Manager within fourteen (14) calendar days, pursuant to
Section 4.8 of these Regulations.
7.6.3 Permit Revocation: The Director retains the authority to revoke any Permit for
failure to comply with these Regulations or other applicable laws or regulations of
the City.
Page 29 of 33
APPENDIX A
CITY OF GEORGETOWN RIGHT-OF-WAY PERMIT FEE SCHEDULE
Type of Permit Permit Cost Technology Fee Total Permit Cast*
Work in the ROW — Maintenance
Work in the ROW — Construction
Storage Activities (containers, roll -offs,
dumpsters, etc...)
Extension of ROW Permit
Re -Inspection Fee
Non -Refundable Administration Fee (Base
Fee)**
$12G 00 $15.00 $335.0O
$400,..00 $15.00 $425..00
$30.00 $15.00 $45.00
$ 25.00 $25.00
$50A0 $50.00
$25.00 $25.00
Page 30 of 33
APPENDIX B
CITY OF GEORGETOWN RIGHT-OF-WAY SCHEDULE OF FINES
Notices of Violation Cost of Fine Cost of Fine
(Arterial / Major Collector) (Local/Minor Collector)
Work in the ROW without a Permit
$300.00
$100.00
Finish workwi'touta Final Inspection
$250.00
$100.00
improper Traffic Control Setup
$350.00
$100.00
Failed Inspection (re -inspection)
$50.00
$50.00
Place mentof a storage oor-Rainer, roll -off,
NA
$45.00
dumpsterwo i tt a permit
cost of
( permit)
Failure to Notify after an Emergency Repair
$250.00
$100.00
Any other violations of these regulations
$350.00
$100.00
Up to that amount shown, as determined by the
Director based upon the circumstances and severity.
Page 31 of 33
APPENDIX C
INSURANCE REQUIREMENTS
A. At all times during the term of the Permit, the Permit Holder shall keep in force and effect the following
described insurance coverage:
1. Worker's Compensation and Employers' Liability Insurance. Statutory worker's compensation
benefits and employers' liability insurance with a limit of liability required by Texas law for each
accident at the time of the application of this provision. To the extent permitted by law, this policy
shall include a waiver of subrogation in favor of City. The Permit Holder shall require
subcontractors and others not protected under its insurance to obtain and maintain such
insurance.
2. Commercial General Liability Insurance. Provide coverage per ISO form CG 00 01 or equivalent
for, but not limited to: premises and operations, products and completed operations, personal
injury, contractual coverage (only in respects to an Insured contract), broad form property
damage, independent contractor's coverage and coverage for property damage from perils of
explosion, collapse or damage to underground utilities (commonly known as XCU coverage).
Limits of liability of $2,000,000 general aggregate, $2,000,000 products/completed operations
aggregate, $2,000,000 personal injury, $2,000,000 each occurrence.
3. Automobile Liability Insurance. Business automobile coverage for all owned, hired and non -
owned private passenger autos and commercial vehicles. Limits of liability of $1,000,000 each
accident.
4. Umbrella Excess Liability Insurance. Additional coverage in excess of other required insurance.
Limits of liability of $4,000,000 each occurrence, $4,000,000 aggregate. The Permit Holder may
use any combination of primary and excess to meet required total limits.
5. Property Insurance. Permit Holder will be responsible for maintaining its own facilities, buildings
and other improvements, including all equipment, fixtures, and utility structures, fencing or
support systems that may be placed on, within or around City facilities and improvements to fully
protect against hazards of fire, vandalism and malicious mischief, and such other perils as are
covered by policies of insurance commonly referred to and known as "extended coverage"
insurance or self -insure such exposures.
B. Each insurer must be authorized to do business under the laws of the State of Texas. The Permit Holder's
required insurance will be primary. The Permit Holder may self -insure the obligations contained herein
only with the consent of the City.
C. Prior to the issuance of a Permit and upon renewal of each insurance policy during the term of any Permit,
the Permit Holder will furnish City with a Certificate of Insurance or the Permit Holder's form of self-
insurance evidencing the insurance coverage required by these Regulations. The Certificate of Insurance
shall reference these Regulations and workers' compensation and property insurance waivers of
subrogation required by these Regulations. If the Permit Holder self -insures its property insurance, in
satisfaction of the waiver of subrogation requirement it will include City as joint loss payee to the extent
Page 32 of 33
its insurable interest which would have been covered had the Permit Holder purchased property
insurance. City, its council members, board members, commissioners, agencies, officers, employees and
representatives (collectively, "Additional Insureds") shall be included as Additional Insureds by
endorsement as respects the Permit under each required insurance policy, except worker's compensation
and the Permit Holder's self -insured property coverage, which shall be so stated on the Certificate of
Insurance. Each policy, other than worker's compensation, shall be written on an occurrence and not on
a claims -made basis. To the extent allowed by law, the Permit Holder shall defend, indemnify and hold
harmless Additional Insureds from and against payment of any deductible and payment of any premium
on any insurance policy required by these Regulations. City shall be given thirty (30) calendar days advance
notice of cancellation or nonrenewal of any required insurance that is not replaced during the term of a
Permit.
D. The limits of liability may be increased or decreased with the consent of the City, which consent will not
be unreasonably withheld, in the event of any factors or occurrences which could materially increase or
decrease City's exposure to risk.
E. No insurance coverage required to be obtained and maintained by the Permit Holder or its contractors or
subcontractors shall contain provisions: (1) that exclude coverage of liability arising from excavating,
collapse, or underground work, (2) that exclude coverage for injuries to City's employees or agents, and
(3) that exclude coverage of liability for injuries or damages caused by the Permit Holder's contractors or
contractor's employees, or agents. This list of prohibited provisions shall not be interpreted as exclusive.
F. The Permit Holder shall be fully responsible for any deductible or self -insured retention amounts
contained in its insurance program and for any deficiencies in the amounts of insurance maintained.
G. The Permit Holder shall require reasonable and prudent insurance coverage and limits from any of its
subcontractors while performing work hereunder. To the extent that the insurance coverage the Permit
Holder is required to provide does not cover subcontractors, and the work of subcontractors, the Permit
Holder shall require subcontractors to obtain and maintain insurance coverage of the type that the Permit
Holder is required to obtain pursuant to these Regulations.
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