Limiting Conditions and Utility Locate Requirements for Ground Disturbance Proposals and Contracts

When performing any type of ground disturbance for a work project, the process usually starts with a proposal, followed by a contract between the company performing the work and their client. Before any ground disturbance can take place, utility locates must be obtained. This process can be complicated depending on the location of the ground disturbance, and both public and private locate procedures involve many parties, each with a role. Often, some parties may not be fully aware of their responsibilities.

Effective communication about what is needed for safe work practices and compliance with ground disturbance regulations is crucial at the start of the process. The following example can serve as an educational tool to ensure all parties understand the risks involved in ground disturbing work and clarify where liability may fall in the event of facility damage. It can also be used in proposals and contracts to outline requirements for clients to help workers operate safely and in compliance with regulations:

[Your Company Name] is not only required by law but also adheres to its health and safety policy to ensure that all underground public and private utility infrastructure is located and marked in the work area before performing any type of ground disturbance.

Texas regulations require that before performing any ground disturbance, underground utility infrastructure in the work area must be located and marked. The Texas811 call system, individual utility owners not legislated to be part of Texas811, and private utility locate contractors, play a key role in ensuring compliance with Texas regulations.

PLEASE NOTE: BEFORE ANY WORK CAN BEGIN, IT CAN TAKE UP TO 5 to 10 WORKING DAYS TO COMPLETE PUBLIC AND PRIVATE LOCATES DEPENDING ON THE SIZE OF THE PROJECT.

[Your Company Name] will request public locates for the work area from Texas One Call and any other utility company that is not a member of the One Call system.

[Your Company Name] will also represent the property owner and retain a Private Locate contractor to have the private utility infrastructure located on their behalf.

Private Locate Contractors require the following information to perform a private locate:

• An up-to-date property survey to identify any easements on the property.

• Accurate as-built utility drawings or any records concerning the buried services.

• Access to all buildings and mechanical rooms.

• A knowledgeable person who can provide information about the property’s buried utility infrastructure and mechanical rooms.

These four requirements should be provided to [Your Company Name], which will forward them to the private Locate Service Provider (LSP) to conduct the private locate. Please note that without these essential pieces of information, the Private Locate Technician may have to work "blind," which increases the likelihood that some buried services may not be detectable or accurately located.

It is important to be aware of the limitations regarding private utility locates. Some buried cables or pipes may not be detectable or accurately located due to factors such as depth, lack of tracer wires, material makeup, inability to connect properly, congested facilities, or obstructions like parked cars, vegetation or obstructed utility structures. These challenges may be compounded by limited or distant access to the area to be traced. Therefore, providing utility records and understanding the risks associated with ground disturbance projects is essential.

The Subsurface Utility Engineering (SUE) ASCE Standard 38-22 provides guidelines for the collection and depiction of subsurface utility data. The standard assigns risk levels to utility locate methods, with locate technicians generally working within a "Moderate" risk range due to the limitations of the technologies used. To minimize risk, the standard recommends using vacuum excavation methods, such as hydrovac or air knifing, to physically expose buried utility infrastructure.  

Private Locate Contractors should provide a report detailing the results of their private locate investigation. If limitations arise, such as difficulties in detecting certain facilities, the LSP may suggest additional measures, such as using ground-penetrating radar, hand diggin or vacuum excavation to further reduce risk.

It must be understood and agreed by all parties involved in ground disturbance projects that the location and marking of private underground infrastructure by [Your Company Name] or their subcontractors have been performed on behalf of the property owner. The property owner is responsible for ensuring the services have been marked to their satisfaction. Given the risks involved, as outlined in the SUE ASCE Standard 38-22, [Your Company Name] or their subcontractors cannot be held liable for any damages, including personal injury or death, or for property damage caused by reliance on the location and marking of buried facilities by the private LSP.

If you have any questions about this information, or if you would like guidance on incorporating these requirements into your proposals or contracts, please feel free to reach out. We value your feedback and are here to help ensure safe and compliant ground disturbance practices. Contact us today to discuss your project needs or to provide any suggestions on how we can better support your utility safety and compliance goals.