(a) 
The permit holder or ROW user shall be responsible for performance of and compliance with all provisions of this article. The permit holder or ROW user shall perform all work, whether done in ROW, private property, or utility in accordance with all federal and state laws, rules and regulations, city codes, or applicable standards and specifications, Lubbock Power and Light standards and specifications, including but not limited to rules and regulations set by the Railroad Commission of Texas.
(b) 
Permit holder shall be responsible for maintaining the excavation site in a reasonably clean and litter-free condition. Any debris found at the excavation site, regardless of the source, must be removed immediately at no cost to the city. Gutters shall not be obstructed and storm drain inlets must be protected.
(c) 
Equipment outrigger shall be fitted with pads to avoid damage whenever outriggers are placed on any paved surface. Steel tracked vehicles are not permitted on paved surfaces unless effective precautions approved by city engineer are taken to protect the surface.
(d) 
Permit holder or ROW user shall establish and maintain storm water BMP’s.
(e) 
Permit holder or ROW user shall be responsible for any damage caused to the pavement by the operation of any equipment and shall repair such damages.
(f) 
The permit holder or ROW user shall be fully responsible for safeguarding persons and property from damage or injury.
(g) 
A permit holder or ROW user is responsible for maintenance of all excavated areas. A permit holder or ROW user guarantees its work and shall maintain it for the remaining life of the street as defined in this article.
(h) 
Any utility owner and/or their contractor performing construction in any city ROW shall have a representative at the site at all times while work is in progress, who shall be able to clearly communicate with the city staff and the citizens of Lubbock.
(i) 
The permit holder, utility, or ROW user shall make the work site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work.
(Ordinance 2021-O0171 adopted 12/14/2021; Ordinance 2022-O0139 adopted 9/27/2022)
(a) 
The permit holder shall maintain a public walkway in accordance to the latest ADA rules regarding construction sites that block a public sidewalk or path.
(b) 
It shall be the duty of the permit holder or ROW user to make provisions for the safe crossing of pedestrians and orderly movement of vehicular traffic.
(c) 
ROW user or permit holder shall install safeguards around and over any open excavation:
(1) 
Permit holder shall install fencing around unattended excavation in a manner that withstands wind and rain, does not allow entry to the excavation by pedestrians or pets, and does not sag over time.
(2) 
The permit holder may be required to install additional or special safeguards if required by the city engineer.
(3) 
Steel plates covering an excavation may be deemed as sufficient if approved by city engineer.
(Ordinance 2021-O0171 adopted 12/14/2021)
Permit holder shall display required signs at all times of day and night for the duration of the construction project.
(1) 
Utility projects deemed small, as defined in this article in section 37.01.001.
(A) 
The permit holder shall maintain a digital or paper copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city engineer at all times when construction work is occurring.
(B) 
All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or work site. Signage, with minimum dimensions of two (2) feet by two (2) feet, shall be displayed at the construction site.
(C) 
All signs shall display facility owner’s name, permit holders name and contact information that is available twenty-four (24) hours per day, seven (7) days a week.
(2) 
Utility projects deemed medium and large as defined in this article in section 37.01.001.
(A) 
The permit holder shall maintain a paper copy of the construction permit and approved plans at the construction site. The permit shall be displayed in a water proof manner on the same four (4) feet by four (4) feet sign required in this section and made available for inspection by the city engineer or his or her representatives at all times while the permit holder occupies the ROW.
(B) 
All permitted utility owner and contractor vehicles and equipment must be clearly marked with the company name while located at a construction or worksite. Signage, with minimum dimensions of four (4) feet by four (4) feet displayed at the beginning and the end of the traffic-control work zone on major arterial or within the construction site if not on a major arterial and clearly visible to motorists and pedestrians.
(C) 
All signs shall display facility owner’s name, permit holder’s name, contact information that is available twenty-four (24) hours per day, seven (7) days a week, description of project, and project limits.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
The permit holder shall place door hangers on the front door of businesses and residences adjacent to the affected route. The door hangers must include:
(1) 
The name of the franchise utility for which the work is being performed.
(2) 
The type of work.
(3) 
Expected work schedule.
(4) 
Name and contact information, including daytime and emergency contact names and numbers, for both the permit holder and the franchise utility.
(b) 
Such notification shall be provided at least three (3) business days and not more than five (5) business days prior to commencing the permitted work. Record of such notifications shall be retained by the permit holder.
(c) 
The permit holder shall contact emergency response agencies, such as police, fire and ambulance services, and prior to commencement of any work that may impact access to a street or alley. Emergency response agencies shall be notified by the permit holder if a street or one lane or more of a principal and minor arterial is to be closed for any length of time, or if an alley is to be blocked for more than forty-eight (48) hours.
(d) 
The permit holder shall notify the city fire and rescue if a fire hydrant will be inaccessible due to construction.
(e) 
The permit holder shall notify the city’s water/sewer dispatch at 806-775-2588 to report all Orangeburg service lines encountered. The city will replace Orangeburg sewer lines at no cost to the utility owner and/or their contractor.
(f) 
The permit holder shall notify any service agencies that may be impacted, such as solid waste collection, to coordinate alternate service if necessary, prior to the beginning of work that may impact these services. The notice shall specify the address, number of the facilities being relocated, and the duration of service interruption.
(g) 
The permit holder shall notify the electric utility department of the city (Lubbock Power and Light) if the permit holder is over lashing or attaching to any city electric utility pole for purposes other than routine maintenance. Attachments to city utility poles must be separately permitted pursuant to the applicable pole attachment license agreement. The applicable pole attachment license agreements govern the terms of the attachments, including but not limited to the maintenance and installation thereof, on city poles, and such terms and conditions shall control.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
The permit holder shall notify the city ROW coordinator forty-eight (48) hours before any work begins within the ROW. Contractor shall not place equipment, or traffic controls on ROW on a Friday, or the day before any city-recognized holiday.
(b) 
Work performed pursuant to a ROW permit must commence within fourteen (14) calendar days of the date of the permit, unless the city engineer approves a later date.
(c) 
If required by the permit, the permit holder shall submit a written construction schedule to the city engineer two (2) business days before commencing any work in or about the public ROW. The permit holder may be required to submit weekly schedules as directed by the city engineer.
(d) 
Material and equipment may be stored at the excavation site only if they will be used within five (5) days.
(e) 
At any time construction is stopped or a contractor is unable to continue work for more than three (3) days the contractor must make the site safe for use by the public and remove all traffic controls. The contractor shall not reoccupy the construction site with traffic controls, material, or equipment until the facility can be repaired or installed within twenty-four (24) hours of reoccupying the jobsite.
(f) 
Backfill shall begin no later than twenty-four (24) hours after installation of facility or repair of utility. Backfill shall be completed within three (3) calendar days or covered with materials of sufficient strength and construction (H-20 load rated steel plate(s)) to permit vehicular traffic to pass over such excavation(s). Plates shall be installed and maintained in a way which will prevent the plates from bouncing and shifting. Plates must be flush with the roadway, or have the edges beveled from the top of the plate to the roadway, or be ramped to the elevation of the adjacent pavement. Temporary ramps shall be constructed of asphalt and shall have a gradual slope when necessary.
(g) 
No adjacent parallel roadways or alleys shall be under construction simultaneously without approval by city engineer.
(h) 
Once a project begins, work must continue on a daily basis, except for weekends, and holidays.
(i) 
No excavation shall begin on projects deemed medium or large unless installation or repair of the facility commences within twenty-four (24) hours from the time excavation starts.
(j) 
Permitted excavation deemed small shall be backfilled within five (5) days of excavation.
(k) 
Concrete and asphalt (HMAC) pavement shall be restored in accordance with the latest City of Lubbock Engineering Minimum Design Standards and Specifications. Placement of pavement shall begin no later than five (5) calendar days after the completion of backfill and flow fill cap.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
No ROW user or permit holder may install a new facility under roadways unless approved by the city engineer.
(b) 
The installation of a utility that crosses the ROW shall be placed 90 degrees to the ROW. The city engineer must approve any installation of a utility that does not cross the ROW at 90 degrees.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
All above ground facilities in the ROW shall:
(1) 
Be of sound material;
(2) 
Not interfere with the flow of water in any gutter or drain; and
(3) 
Be placed so as not to interfere with either vehicular or pedestrian travel.
(b) 
Any aboveground facilities shall be placed in a manner that will comply with the latest ADA.
(c) 
At no point during construction or installation of ground level facilities within walkways and/or crosswalks shall there be an elevation change greater than one-eighth (1/8) inch. Installation of ground level facilities within the roadway shall be in accordance with section 37.01.044(d). The city engineer must approve any ground level facility that requires more than one-quarter (1/4) inch of elevation change.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
No trench shall be opened in any ROW for laying pipes, conduits, or ducts more than four hundred (400) feet in advance of the pipe, conduit, or ducts being placed in the trench, other than with the prior written approval of the city engineer.
(b) 
A permit holder, utility, or ROW user shall perform boring operations in a manner that does not weaken or impair the ROW.
(c) 
Streets assigned to a PCI of eighty-six (86) or above by the pavement management system are deemed to be in good condition and are subject to the same review procedures as excavation of new streets.
(d) 
If at any point, the permit holder excavates or damages fifty (50) percent of a driving lane the permit holder shall replace the full width of the driving lane the length of the affected area.
(e) 
If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete, which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than six (6) inches of PCC shall be broken back beneath the saw cut.
(f) 
The permit holder, utility, or ROW user shall not enter upon private property without authorization from the property owner. The permit holders, utilities, or ROW users shall determine the boundary between public ROW and private property.
(g) 
All transmission and distribution structures, lines, equipment and facilities erected by a permit holder, utility, or ROW user within the city shall be so located as to cause no interference with the proper use of the public ROW, and to cause no interference with the rights and reasonable convenience of any affected property owners.
(h) 
All excavation work shall be performed during business hours of 7:00 a.m. to 5:00 p.m. Monday through Thursday, and 7:00 a.m. to 2:00 p.m. on Friday, unless written approval is granted by the city engineer, or in the case of an emergency.
(i) 
All underground main line utilities shall be laid with the top of the pipe a minimum of two (2) feet below the surface of the ground.
(j) 
All excavation work shall comply with Occupational Safety and Health Administration standards and requirements.
(Ordinance 2021-O0171 adopted 12/14/2021; Ordinance 2022-O0139 adopted 9/27/2022)
(a) 
Damages done by a permit holder to city utilities shall be repaired by the city. The city will issue a claim to the utility owner, contractor, ROW user or their insurance company for cost reimbursement.
(b) 
City service shall be returned to the customer within four (4) hours of damage and the cost of repairs shall be borne by the ROW user or permit holder. Only a licensed plumber registered with the city's right-of-way department may perform repairs to customer sewer, and/or gas lines. Only a TCEQ license holder registered with the city’s right-of-way department may perform repairs to customer water service lines. The licensed plumber or TCEQ license holder shall certify in writing that repairs to these service line(s) were performed in accordance with the most recent version of the city's plumbing ordinance, article 28.10.
(c) 
After repairs, the ROW shall be restored in accordance to section 37.01.043 of this article.
(d) 
Cleanup of the affected site shall be in accordance to section 37.01.011(c).
(Ordinance 2021-O0171 adopted 12/14/2021; Ordinance 2022-O0139 adopted 9/27/2022)
(a) 
The city engineer may require testing of materials used in construction in or near the ROW to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, concrete, asphaltic concrete and other construction materials as deemed necessary.
(b) 
The permit holder, utility, or ROW user is responsible for ensuring that all backfill and compaction requirements meet the requirements of this article or the minimum design standards and specifications.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
The permit holder, utility, or ROW user shall notify the engineering inspector as identified on ROW permit at each of the following times during a project:
(1) 
Twenty-four (24) hours before starting a permitted project or installing traffic control;
(2) 
Two (2) hours before beginning the initial backfill;
(3) 
Two (2) hours before beginning the paving of the street or alley; and
(4) 
When the work under any permit hereunder is completed, the permit holder shall contact the city utility locater/ROW inspector for project close out inspection.
(b) 
Prior to making a request for locates and actual excavation, the permit holder, utility, or ROW user shall mark the site of the proposed excavation with white lining and/or flags, in accordance with the one-call system. The markings shall be placed a distance of not less than five (5) feet in all directions from the outside boundary of the site to be excavated.
(c) 
Permit holder shall only submit locate requests that can be completed in fifteen (15) days and shall not exceed one (1) linear mile.
(d) 
Compliance with the latest Texas Utilities Code is required at all times.
(e) 
The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adjoining property. The use of nonpermanent or biodegradable markers is required.
(f) 
All barricades, plates, traffic directional equipment, and all other traffic-control devices shall be clearly marked by the owner of said items with owner information as described in section 37.01.033(2) of this article.
(g) 
If work is being performed that will block any lanes of traffic in a street or deny access to an alley or driveway and the work site will be left unattended for any length of time, the permit holder, utility, or ROW user shall place a sign at each end of the work site with the name and contact information of the permit holder, utility, or ROW user performing the work. Such signs must conform to the latest TMUTCD standards.
(h) 
In any paved or unpaved area, all existing water, sewer, electric, and gas mains and service lines shall be physically located prior to boring by way of potholing with a hydro excavation method. Sewer lines can be exempted if elevation and alignment can be determined by existing manholes.
(Ordinance 2021-O0171 adopted 12/14/2021; Ordinance 2022-O0139 adopted 9/27/2022)
(a) 
Final backfill shall follow timelines established in this article.
(b) 
Requirements in this section shall apply to all parts of the excavation including, but not limited to, benching and sloping done in the course of the excavation.
(c) 
Details related to trench excavation, backfill, compaction and pavement restoration are described in the minimum design standards and specifications.
(d) 
Paving shall be repaired in accordance with this article and the minimum design standards and specifications.
(e) 
The back fill material shall be clean, native material free of organic and deleterious material and rocks larger than two (2) inches. Backfill and compaction shall begin no later than twenty-four (24) hours after the installation or repair of facilities.
(f) 
Backfill in roadways shall be compacted to a relative compaction not less than 95% modified standard proctor +/-2% moisture the depth of the excavation.
(g) 
City engineer may require third party testing for trenches greater than six (6) feet in depth in roadways to confirm backfill meets required density at no cost to the city.
(h) 
Temporary backfill not meeting subsection (f) above will not be permitted.
(i) 
Water jetting, sand jetting, or rock/gravel backfill will not be permitted.
(j) 
Native material used as backfill shall be mechanically compacted by means of equipment mounted rollers, vibrating rollers, whacker packers, or other method approved by city engineer.
(k) 
When possible all open excavations shall be backfilled and traffic controls removed prior to any extended holiday weekend.
(l) 
Any excavation too small in size too compact by approved method shall be filled using flowfill.
(m) 
Backfill not meeting 95% modified standard proctor, must be removed the full depth of the excavation and re-compacted to meet the compaction requirements.
(n) 
All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period, or at any other time where water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley, ROW, or other public place shall be performed by the permit holder or ROW user.
(b) 
The city engineer shall determine if longitudinal excavations within roadways, regardless of PCI, that parallel an existing excavation with a separation of four (4) feet or less require the ROW user or permit holder to repave the existing excavation making only one patch in the road.
(c) 
Any removal of sidewalks, approaches, and/or ADA ramps must be brought into compliance with the latest ADA rules and regulations.
(d) 
Any excavated pavement, debris and other rubble shall be removed during the same business day from the time such material is placed upon the street.
(e) 
Any paving failures, including surface, base, or subgrade failures that occurred due to the ROW user’s work in the street, alley, or ROW shall be repaired by the permit holder or ROW user, regardless of whether the damage is caused by equipment, construction methods, detour of traffic or any other reason. The permit holder or ROW user shall repair any damage done before moving to the next phase of construction.
(f) 
Restoration of the ROW shall be as good as or better condition as before the start of construction. Unpaved portions of alley ROW shall be leveled, filled, bladed and worked in such a manner as to leave the ROW in a safe and usable condition.
(g) 
All landscaping trees, shrubs and other vegetation damaged or disturbed within the ROW as a result of the construction, installation, maintenance, repair or replacement of utility facilities in the ROW shall be replaced or restored as nearly as may be practicable, to at least as good a condition as prior to performance of work by the permit holder. Trees may be replaced with trees of similar size and the same or similar species up to four (4) inches in caliper. Trees larger than four (4) inches in caliper shall be replaced with trees of the same or similar species with a caliper of no less than three (3) inches and no more than four (4) inches. Notwithstanding this subsection, electric utilities need not replace or restore any vegetation surrounding overhead electric utility lines to the extent such vegetation interferes with the safety or reliability of the provision of electricity.
(h) 
Complete preconstruction photographs or videos of the work site are required of all permit holders and shall be submitted to the city engineer upon request.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
Paving roadway surface shall follow timelines established in this article in section 37.01.035.
(b) 
Upon completion of backfill in accordance with section 37.01.042(f) flowfill shall be placed over compacted backfill up to the bottom of the ride surface:
(1) 
Eighteen (18) inches of flowfill on principal and minor arterials.
(2) 
Twelve (12) inches of flowfill cap on alleys and residential streets.
(c) 
All cases where the caliche flex base has become contaminated and 5 percent above optimum moisture and/or 2 percent or more deleterious the permit holder shall replace caliche with asphalt stabilized base in accordance with the latest version of the City of Lubbock Minimum Design Standards and Specifications.
(d) 
Finished surface, including asphalt and concrete, shall not have irregularities in excess of one-eighth (1/8) inch when tested with a ten (10) foot straightedge. All roadway surfaces must match the existing roadway profiles.
(e) 
Concrete mix paving restoration requirements:
(1) 
Concrete shall meet the city’s standards and specification and/or design specifications of the existing roadway, whichever is greater.
(2) 
Transverse concrete cuts shall be saw cut to the depth of the reinforcing steel eighteen (18) inches past excavation and the remaining depth of the concrete shall be broken free from the roadway. Leaving eighteen (18) inches of reinforcing steel protruding from the roadway into the re-compacted roadway.
(3) 
Longitudinal cuts shall be made at the edge if the affected lane or construction joint whichever comes first in accordance to City of Lubbock Engineering Minimum Design Standards and Specifications, section 10.
(4) 
Reinforcing steel shall be tied using steel tie wire to the protruding reinforcing steel. Welding shall not be used to attach steel reinforcing See City of Lubbock Engineering Minimum Design Standards and Specifications, section 10.
(5) 
Concrete placement shall be done in the manner indicated in the latest City of Lubbock Standards and Specifications.
(6) 
Tine marks shall match existing roadway.
(f) 
Hot-mix asphalt concrete (HMAC) placement requirements:
(1) 
HMAC must meet the minimum design standards and specifications and/or design specifications for the existing roadway, whichever is greater.
(2) 
HMAC shall be cut the full depth of the roadway is a straight line twenty-four (24) inches beyond the widest point of the excavation. Saw cut shall be straight and 90 degrees to the roadway surface.
(3) 
The tack coat shall be evenly and thoroughly applied to all exposed surfaces with an approved sprayer as directed by the city engineer. Minimum thickness shall be not less than two (2) mil. Thick mopping or booming of tack coat is not allowed.
(4) 
HMAC must be a minimum of two (2) inches, compacted to not less than 94%, and not greater than 98% with a target of 96.5% using Texas Gyratory compaction method.
(g) 
All ride surfaces shall be constructed in accordance with the minimum design standards and specifications.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
ROW user or permit holder shall be responsible for removing from the ROW all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation.
(b) 
Streets shall be cleaned by a street sweeper or other acceptable means.
(c) 
The permit holder shall remove all construction debris, brush and clean the surrounding area within one (1) business day of placement of materials. .
(d) 
As soon as franchise utility policy allows, all locate flags shall be removed during the cleanup process by contractor at the completion of the work.
(Ordinance 2021-O0171 adopted 12/14/2021)
(a) 
Upon order of the city engineer, all work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this article, shall be removed and replaced no later than ten (10) days after notification of deficient work.
(b) 
All noncomplying work or damage done to ROW, private property, or utility must be repaired in accordance with all state law, city code, or applicable standards and specifications before ROW user or permit holder continues construction procedures.
(Ordinance 2021-O0171 adopted 12/14/2021)
If any portion of the ROW over or near any excavation should fail in any way at any time after the excavation has been made during the remaining life of the street, the permit holder, utility, or ROW user shall be required to bring the work into compliance. Failure to start the repair within fifteen (15) days after notification may result in the permit holder, utility, or ROW user being required to reimburse the city for the cost to restore the street, ROW, or alley.
(Ordinance 2021-O0171 adopted 12/14/2021)