A. The applicant assumes the responsibility and all liability for any injury or damage to any person or property caused by or arising out of the exercise of the permit. The applicant shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the exercise of the permit which are attributed to any act or omission of the applicant, its agents, employees or anyone acting under its direction, control or on its behalf. In the event suit shall be brought and Pima County is named as a defendant, all costs for counsel, either house counsel or retained counsel, and any other court costs associated with defending itself shall be paid by the applicant.
B. All work shall be at no cost and expense to the county and shall be done at such time and in such a manner as to be least destructive of the existing public improvements and for the shortest possible time, as directed by the county engineer or his authorized representative. Applicant must notify the permit section of the field engineering division, Pima County department of transportation and flood control district at least forty-eight hours prior to starting work. Once the work has begun it shall continue in a timely manner until completion. There shall be no significant gaps in the time between execution of the various phases of the work. In the case of an emergency requiring immediate work within Pima County right-of-way, the applicant shall make a diligent effort to telephone the permit section prior to commencement of work. Such emergency work shall be halted upon issuance of a stop work order by the county engineer. Emergency work shall not continue beyond twenty-four hours during the normal workweek or the next full work day following a weekend or holiday without the issuance of a written permit.
C. If the work performed under the permit or in emergency fails to pass final inspection, the applicant shall remove or replace the same within such time as specified by written notice from the county engineer, or his authorized representative; or if any material used by the applicant in replacing or reconstructing any part of the work, or workmanship performed under this permit proves defective, the applicant shall replace the same as specified by the county engineer or his authorized representative.
D. If the work requires cutting of existing pavement, temporary pavement repair must be completed prior to leaving the work site. Temporary pavement repair shall be maintained in a manner acceptable to the county engineer, or his authorized representative, by the applicant until permanent pavement repair is made. On newly constructed roadways, five years old or less, no open pavement cuts shall occur without the permission of the county engineer except in emergency situations. In this context, emergency situations are defined as any condition which poses an immediate or imminent hazard to people or property. Permission from the county engineer shall only be granted when the applicant has assured the county engineer that all other methods of accomplishing the work have been considered, and the county engineer in his sole discretion has found other methods to be impractical. Verification of pavement age may be obtained from the county engineer. When open pavement cuts are made pursuant to an emergency or by permission of the county engineer, the methods for repairing the roadway subgrade and pavement structure shall be reviewed and approved by the county engineer. Applicant shall deposit with the county engineer amount equivalent to fifty dollars per square foot of open pavement cut, which the county engineer may use within ninety days of completion of the initial work for the sole purpose of repairing, replacing, or reconstructing open pavement cuts and the adjacent affected areas if the applicant has not done so to the satisfaction of the county engineer. Unused portions of the deposit shall be returned to the applicant. In lieu of a deposit, Pima County retains the option to invoice public service corporations for all costs her repairs have been made if such repairs are not done to the satisfaction of the county engineer.
E. Permanent pavement repairs shall be performed within fifteen working days of the completion of the initial work or sooner if required, in writing, by the county engineer or his authorized representative. The county engineer or his representative may grant an extension upon determining suitable cause.
F. If the applicant fails to maintain the temporary pavement repair, or if the permanent pavement repair is not performed within fifteen working days of the completion of the initial work and a extension has not been granted pursuant to subsection E. Pima County may select a contractor to perform all necessary work and the applicant shall be financially responsible for the costs associated with this work.
G. Permanent pavement repair shall be completed by a competent contractor qualified to make repairs in accordance with Pima County department of transportation requirements and standards.
H. The applicant shall be responsible for restoration of all permanent traffic-control devices, including, but not limited to, all pavement markings, signs, and signals. The restoration of traffic-control devices may be accomplished by the applicant or by Pima County if so requested by the applicant. In either case, the applicant shall be responsible for all of the costs of the restoration. All traffic-control devices shall be approved by the county engineer or his authorized representative before they are installed.
I. The applicant shall not allow any condition to exist in connection with the exercise of the permit which would be a hazard or source of danger to the traveling public. If the work presents or becomes a hazard to the traveling public, Pima County may take immediate corrective action and bill the applicant for the full cost incurred for such corrective action.
J. The applicant shall provide, install and maintain traffic-control devices as prescribed by the Traffic Control Manual for Highway Construction and Maintenance, Arizona department of transportation, August, 1981, and including all subsequent revisions thereof, and shall take such other measures of precaution as the county engineer or his authorized representative shall direct. The applicant shall submit, with his permit application, a traffic-control plan for approval.
K. The applicant shall be responsible for verifying the location of all underground utilities in accordance with the Blue Stake laws prior to the commencement of any excavation and shall protect said utilities from damage.
L. All work shall be accomplished in accordance with applicable requirements of the Pima County Articles for Issuance of Permits, Floodplain Management Ordinance, Grading Ordinance, Channel Design Standards Manual, and any other applicable engineering details, standards or specifications of Pima County on file in the office of the county engineer with the exception of plans prepared by public service corporations that are subject to federal and state regulations concerning safety and design, all work shall be performed in accordance with plans prepared by a professional engineer. The applicant shall keep at the construction site, at all times, and available for inspection, copies of the permit and of the approved traffic-control plan. In addition, applicant will strictly comply with the Arizona Commission of Agriculture and Horticulture Native Plant Laws. All areas used by the applicant in which natural vegetation is disturbed by said work, or by his employees, will require vegetation in accordance with the Grading Ordinance.
M. If at any time the right-of-way of any portion thereof, occupied and used by the applicant in accordance with the permit is needed or required by the county, the applicant, upon receipt of notice and plans stamped Final Plans for Public Utilities Only, at no cost or expense to the county, shall remove, relocate, or abandon in place all property belonging to the applicant or placed in the right-of-way by the applicant within ninety days except when notification of a schedule conflict has been given by applicant within thirty days of receipt of notice and plans stamped Final Plans for Public Utilities Only and county accepts an alternate schedule. When providing such notification, applicant shall provide county with complete as-built locations of the facilities in question and a proposed alternate schedule for relocating its facilities. If applicant has removed, relocated, or abandoned in place its property pursuant to such Final Plans for Public Utilities Only, county shall bear the cost for any subsequent removal, relocation, or abandonment in place of applicant's property made necessary to accommodate changes made by the county in the design that produced the original Final Plans for Public Utilities Only. If the facilities are to be abandoned, the applicant must advise Pima County in writing of the extent of the abandonment.
N. Where work is performed in a drainageway, drainage easement or designated floodplain area, the applicant shall not at any time obstruct or diminish in any manner the ability of the drainageway, drainage easement or designated floodplain area to convey or pass stormwater. Prior to any work within a drainageway or designated floodplain area, the applicant shall obtain a permit in compliance with the Pima County Floodplain Management Ordinance, except in the case of an emergency, in which case the applicant shall make a diligent effort to telephone the permit section prior to commencement of work. Such emergency work shall be halted upon issuance of a stop work order by the county engineer. Emergency work shall not continue beyond twenty-four hours during the normal workweek or the next full work day following a weekend or holiday without the issuance of a written permit. Any and all existing bank protection, or any concrete structure or structures damaged or removed, shall, at no cost or expense to Pima County, be replaced immediately to the satisfaction of the county engineer or his duly authorized representative.
O. In the event the applicant performs work not authorized by the permit or under the provisions for commencing emergency repairs, the applicant shall be responsible for its removal within fifteen working days of being notified, or Pima County may have this unauthorized work removed by a competent contractor and the applicant shall be financially responsible for all the costs involved.
P. In the event the applicant does not repair the road and right-of-way to the conditions set forth by the county engineer after a thirty-day notice of any deficiencies, the applicant by the acceptance of a permit agrees to be responsible for all costs of completing such repair, and in the event suit is necessary, agrees to be responsible for all costs of collection including but not limited to court costs and attorney's fees.
Q. Applicant is placed on notice that the county may not own the particular property or property rights for which the permit is issued. Applicant assumes all liability resulting from any defect to the title of the land and no warranty of title to the underlying land is expressed or implied.
(Ord. 1988-181 § 1 (part), 1988: prior code § 35.48.030)