Clay, Section 70-161 of the Code of Ordinances requires that a permit be obtained before any excavation is performed in a street. It states (emphasis added): It shall be unlawful for any person to dig up, break, excavate, jack, bore, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material or construction material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the public works director. It looks like the proposed construction might be considered an excavation that would require an excavation permit (and compliance with the other requirements, including the provision of insurance and a surety bond) of Article IV of Chapter 70 of the Code of Ordinances (regarding excavations). If there are any non-Town utilities that have facilities that run through that area, if the soil nails are temporarily placed there, we should notify those utility of the existence of the soil nails. I assume (but this may not be correct) that the Town might receive notice of some sort from a utility company before it goes into the street to perform work. Additionally, as I mentioned, the Town has required a license before to use the right-of-way for a private purpose, such as installing a telecommunications under a street to connect two buildings (though the use was for an extended period of time). If there are concerns that an excavation permit (assuming it’s applicable) won’t suffice, we could consider granting a temporary license for the work and include additional conditions, such as a requirement to indemnify the Town for any losses resulting from the work (and if an excavation permit is not applicable here, the street right-of-way couldn’t be used without some authorization, such as a license). Alternatively, I don’t know how the permit reads, but the permit might include an indemnity provision. Please let me know if you have questions or comments or would like to discuss. John From: Clay Barnett [mailto:cbarnett@addisontx.gov] Sent: Tuesday, August 30, 2011 8:53 AM To: John Hill Subject: FW: VP 206--Soil Retention System John, Attached is an exhibit from Andres showing what they would like to do in the right of way. My concern is that if someone went trenching into the right-of-way, be it the Town to repair a line or another utility provider, they could cut these soil nails and compromise the integrity of the retaining wall. This could result in the failure of the wall and the roadway. The roadway, although expensive could be repaired. A larger concern is if anyone is working in the area beneath the retaining wall. Although the odds of this occurring all at the same time is extremely slim, the risk does exist. What would our liability be in that case? Is it something that can be addressed in an indemnity statement in the license agreement? The retaining wall is temporary until the foundation is complete. I will get an estimate of how long it will take to complete the foundation and backfill the wall. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 From: Jared Powell [mailto:Jared@andresconstruction.com] Sent: Thursday, August 25, 2011 2:01 PM To: Clay Barnett Cc: Jeff Kempf; Tanner Whitson Subject: VP 206--Soil Retention System Clay— I have attached the drawings we briefly discussed this morning. The drawing shows the basic concept of the soil retention system we plan to install along Vitruvian Way and Bella Lane to protect the new roads and utilities while we excavate and build foundations for Vitruvian Block 206. We are in the process of releasing Craig Olden, Inc. to begin engineered shop drawings that will include exact dimensions, but we wanted to make T.o.A. aware that the soil retention nails will extend past the property line and into the public right of way. These nails will be below the existing utilities in this area, and we will perform exploratory work to determine actual depths prior to placement of the nails. This is a system that is commonly used in urban setting and the nails are temporary Please let me know if you see any issues with this, or if there are any additional permits, ROW rental fees, etc. that may be required. Jared Powell Andres Construction Services 3710 Rawlins, Suite 1510 Dallas, Texas 75219 o. 972-241-5042 c. 214-878-6511 The information contained in this email message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is NOT the intended recipient or the employee or agent of the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender to arrange for the return of the documents.