(A) Warranty and liability.
(1) For a period of two years after satisfactory completion of work in a public street, the owner and permittee warrant and guarantee the quality of the work performed and are responsible for maintaining the site free from any defects resulting from the quality of work and, in the event of such defects, for repairing or restoring the site to a condition that complies with all applicable law and regulations and §§ 92.001, 92.015 through 92.030, 92.045 through 92.054, and 92.065 through 92.067. Any repair or restoration during the warranty period shall cause the warranty period to run for one additional year beyond the original two-year period.
(2) The issuance of a permit or any inspection, repair, suggestion, approval, or acquiescence of any person affiliated with the County Commissioners does not relieve the owner or permittee from the warranty and liability provisions of this section, the indemnification provisions of division (B) below, or any other term or condition of this subchapter.
(B) Indemnification.
(1) An owner and permittee and their successors and assigns shall indemnify, defend, protect, and hold harmless the County Commissioners, including its officers, agents, and employees, from and against:
(a) All claims allegedly arising directly or indirectly from any act, omission, or negligence of the owner, the permittee, their subcontractors, or the officers, agents, or employees of any of them, relating to the permit or the work authorized by the permit; and
(b) All damage to county property, including damage to county public streets and public works, arising directly or indirectly from any act, omission, or negligence of the owner or the permittee, their subcontractors, or the officers, agents, employees of any of them, relating to the permit or the work authorized by the permit, except that this division (B)(1)(b) does not apply to gradual degradation or ordinary wear and tear of roads or public streets.
(2) Each owner and permittee has an immediate and independent obligation to defend the County Commissioners from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent.
(3) The County Commissioners have a cause of action for indemnity against each owner and permittee for any costs the County Commissioners may incur as a result of defending or satisfying any claims that arise from or in connection with the permit, except for claims resulting directly from the negligence or willful misconduct of the County Commissioners.
(4) The indemnification obligations assumed under the permit survive expiration of the permit and completion of the work authorized by the permit.
(2004 Code, § 92-6) (Ord. 08-11, passed 12-18-2008)