PIMA COUNTY DEPARTMENT OF TRANSPORTATION
AND FLOOD CONTROL DISTRICT
PROCEDURES FOR THE ISSUANCE OF A RIGHT-OF-WAY PERMIT AND REGULATIONS OF THE WORK UNDER PERMIT
PURPOSE OF THESE PROCEDURES:
The purpose of these procedures is to acquaint all Contractors, Utility Companies and persons contemplating work within Pima County right-of-way with Permit regulations, inspection procedures, methods of trenching, backfilling, and pavement replacement.
EXISTING LAWS AND REGULATIONS:
All persons, contractors, firms, utility companies, or corporations shall keep themselves informed of all Pima County Ordinances and Regulations, and any State of Arizona or Federal laws which in any manner affect the work they shall be performing in public right-of-way.
By Order and Resolution of the Board of Supervisors of Pima County, State of Arizona, any person, contractor, firm, utility company, or corporation desiring to dig any hole, drain, trench, or ditch in any street, alley, or thoroughfare, drainage way or drainage way easement, or remove or change any curb now or hereafter existing in Pima County, or place any item within Pima County right-of-way, shall first obtain written permission from the County Engineer of Pima County.
Certain provisions of the Flood plain and Erosion Hazard Management Ordinance (Pima County Ordinance No. 1994-FC2) require obtaining of a Flood plain Use Permit from the Flood plain Management Section, Department of Transportation and Flood Control District, located at Public Works Building, 201 N. Stone Avenue, 4th Floor.
PENALTY FOR NOT OBTAINING PERMIT:
Any person, contractor, firm, utility company, or corporation who does not obtain written permission to work in County right-of-way in the form of a Permit, is violation of the Pima County Code 10.44.050 and subject to civil and criminal penalties.
CONDITION FOR OBTAINING A PERMIT:
Before the issuance of a Right of Way permit, the applicant, his agent, or contractor may be required to comply with (a) through (f) of the following when, in the opinion of the Pima County Engineer, the scope of work requires such compliance.
(a) Furnish evidence of insurance for public liability and property damage issued by an insurance company, authorized by the Insurance Department of Arizona to transact business in the State of Arizona.
(b) Issue a statement holding the County harmless and free of
liability from work performed under the authority of the permit.
(c) Post an assurance bond to guarantee that the work covered by the permit will be completed in accordance with the latest edition of the Standard Details and Specifications for Public Improvements and Subdivision Street Standards.
(d) Submit a Traffic Control Plan to the Subdivision/ Permit Section for review.
(e) Prove he is not delinquent in any payment due to Pima County for any reason.
(f) Prepare plans and specifications for the proposed work to be performed. If required, these plans should show the subject area and adjacent areas, the existing conditions, the proposed work, and any changes to the existing conditions.
(g) Provide an engineer's estimate of the cost of construction, or a current quotation from a licensed contractor, and a take-off of the lineal feet of the work to be performed.
The permit normally expires forty-five days after issuance. For work in progress and continuing 45 days after permit issuance, renewals may be given after a request is made by the applicant. A permit obtained for the construction of an approved subdivision is valid for 180 days. Permits for the construction of driveways and sidewalks are also valid for 180 days. The permit shall cover only the work as specifically outlined on the face of the permit
The fee for permits to be issued will be charged per the current fee schedule adopted by the Board of Supervisors, Page 32 of this Booklet. In the event an application for a permit is not made prior to the start of work, the normal permit fee will be triple. This penalty will be in addition to, not in place of, the portion of this article entitled "Penalty for Not Obtaining a Permit"
Right of Way permits will be issued by the Permit Section of the Development Services Department, City/County Public Works Building, 201 N. Stone, Tucson, Arizona 85701. A standard form permit will be issued to cover all possible construction within County right-of-way. For the purpose of administrative procedures, work within County right-of-way will be divided into major and minor improvement categories.
A major improvement will require plan review and written approval by Pima County prior to the issuance of any permit. A minor improvement may require plan review and is defined as work of a routine nature, such as maintenance of, repair of, or addition to an existing utility system.
A permit applicant for work classified as major improvement must obtain a permit over the counter at Development Services, Permit Section. For all major improvements, a plan review is required. Once the plan review is completed and approved, a Letter of Approval will be issued. If approval letters from various agencies (Wastewater Management, Arizona State Environmental Quality Department, etc.) or Transportation Department Divisions (Engineering, Flood Control, etc.) are required, they must be obtained prior to application for permit. Proof of approval is the applicant's responsibility.
A permit applicant for work classified as minor improvement must submit plans to the Right of Way Permit Section. Excavations or installations of 201 lineal feet or more require further plan review prior to the issuance of permit. Plan review may be required on any proposed excavation in Pima County Right of Way as determined by Pima County personnel.
Overweight/oversize vehicle permits will only be issued over the counter in the Development Services Permit Section, 201 N. Stone Avenue, 1st Floor
OCCUPATIONAL SAFETY AND HEALTH ACT:
The Pima County Department of Transportation recommends to the applicant, his agent, or contractor that he become completely aware
of the Occupational Safety and Health Standards for the Construction Industry, September 1994, and subsequent revisions.
By authority of this Act, it is unlawful to require any laborer or mechanic employed in the performance of the job to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous to his health or safety.
Particular attention should be focused on Subpart P dealing with excavations, trenching and shoring. Subpart P gives specific instructions regarding excavations and trenching requirements of this Standard.
A copy of this Act is available from the Arizona State Industrial Commission, Safety Office, 2675 East Broadway Boulevard, Tucson, Arizona.
PROTECTION OF PRIVATE PROPERTY:
The applicant for the permit, his agent, or the contractor shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The applicant shall not trespass upon private property. It is the applicant's responsibility to determine the boundary between public right-of-way and private property. Prior to entering upon private property, the applicant shall secure written permission from the property owner or owners affected.
UTILITY LOCATION AND PROTECTION:
The applicant shall conduct his work in a manner which prevents any harm to existing utilities. Present State Law and provisions of the Occupational Safety and Health Act (OSHA) require everyone planning to dig in public streets, alleys, utility easements, and any other public right-of-way, to obtain underground locations of utilities in the area before they dig. For this service, the applicant should use the "Blue Stake Center" available for the Tucson Metropolitan and suburban areas of Pima County. The applicant should allow at least two (2) working days lead-time to locate utilities in the contemplated work area. Additional information, if required, regarding the "Blue stake" program will be given the applicant at the time he secures a permit. Blue stake Center telephone #745-2211.
It should he remembered that not all-private utility companies participate in the "Blue Stake" program. In this instance, it is
still the applicant's responsibility to arrange for location and protection of these utilities.
If, after field location, conflicts between the proposed work and the existing utilities are found, they must be resolved before
starting work. The utility responsible for the conflict and the applicant shall endeavor to resolve the problem. When the safety of the public becomes endangered due to conflicts, the Pima County Department of Transportation may use its authority with the utility and the applicant to remedy the situation.
The applicant will also be responsible for damage done to utilities through their negligence. In the event of damage, the applicant should immediately contact the concerned utility company and arrange a satisfactory agreement for repair or replacement.
When working in the vicinity of signalized intersections, street lights, or flashing beacons, care shall be taken not to disrupt any aspect of such installations. Information regarding locations of underground conduits which service such facilities is available from the Traffic Operations Section, Electric Shop of the Pima County Department of Transportation. In the event of damage to these facilities due to the contractor's negligence, all costs incurred by the Pima County Department of Transportation will be billed to the permit applicant.
Attention is called to Arizona Revised Statute ' 41-844 and other State and Federal laws pertaining to the protection and preservation of sites or objects of archaeological, paleontological, or historical interests which are encountered or unearthed in material pits, the roadway prism, or other excavation. The contractor shall stop work in the immediate vicinity of such features, protect it from damage or disturbance, and report promptly to the Director of the Arizona State Museum. Work shall not be resumed in the immediate area until the contractor is advised by the Director of the Arizona State Museum that study and/or removal of the feature or features has been completed.
ACCESS TO THE WORK AND PROGRESS OF THE WORK:
Access to the work or materials which are to be incorporated in the work shall be granted to authorized County personnel at all times. The County reserves the right to enter on to the work site at any time, for any purpose. County personnel in the interest of safety will notify the job foreman or superintendent whenever they enter a job site.
Once started, the progress of the work shall be continuous and expedient. The work shall not restrict access to any adjacent property longer than one working day. If necessary, steel planking shall be
used to provide access. If the work is not progressing satisfactorily, the Pima County Engineer reserves the right to use
the necessary equipment and manpower to complete any portion of the work in order to protect the safety and welfare of the public. The Pima County Engineer will notify the contractor in writing prior to any corrective action. The actual cost to the Pima County Department of Transportation for the corrective or emergency work will be billed to the permit applicant.
An Activity Permit must be obtained from Department of Environmental Quality of Pima County, located at 130 W. Congress, 3rd Floor, Telephone #740-6914, prior to the start of work which involves the possible generation of fugitive dust.(See Pima County Code 17.12.470, Activity Permits) That Section states as follows:
ACTIVITY REPORT, Pima County Code 17.12.470
A. Except as provided in Subsection B of this section, no person shall cause or permit the use of any equipment for the purpose of land stripping, earthmoving, blasting (except blasting
associated with individual source permit issued for mining) trenching or road construction or commence demolition or renovation of any structure a shown in Table 17.12.540 without first obtaining a permit from the control officer.
B. In the case of an emergency, action may be taken to stabilize the situation before obtaining an activity permit. Upon stabilizing the emergency situation, an activity permit shall be obtained.
C. The permit shall be valid for a period of not than three (3) months from the date of issue. The applicant may request a longer term, if the project length specified in a written contract is greater than three months. A copy of the contract shall be provided with the application. Activity permits issued for a period exceeding three months shall expire thirty (30) days after the contract deadline or one year from the date of issuance, whichever is greater.
D. Permitee shall notify the control officer within five (5) working days of the start and completion of the project.
Ordinance 1995-87 21, 1995: Ordinance 1994-83 41,1994: Ordinance 1993-128 3 (part), 1993.
The applicant, his agent, or the contractor shall at all times
insure the safety of the traveling public. He shall provide, install, and maintain traffic control devices as prescribed by the Manual on Uniform Traffic Control Devices, for Streets and Highways, Part 6, Federal Highway Administration, and when
required, will also take such other measures of precaution as directed by the Pima County Engineer.
The Public Works Inspector will inspect all work locations for installations of traffic control devices. The Public Works Inspector has the authority to stop work and call a Sheriff's Deputy (Traffic) for the necessary citations whenever proper traffic control as set forth in the Traffic Control Manual for Highway Construction is not provided by the applicant.
Existing traffic signs, except Stop and Yield signs, which interfere with the work may be removed, stored, and reinstalled upon completion of the work. Any sign removed shall be carefully reinstalled to its original location and mounting height. Stop and Yield signs may not be altered or relocated without specific
approval of the Public Works Inspector. All costs for any existing sign, marker, or device lost, defaced, damaged, or destroyed by the work will be billed to the permit applicant. (Reference Arizona Revised Statutes, Title 28, Transportation, Chapter 3, Article 3, Traffic Signs, Signals, and Markings.
Only rubber tired equipment shall be used on asphalt or concrete pavement. Crawler equipment using street pads may be used on trenching machines.
Hydraulic outriggers on supports for a backhoe operation shall be equipped with rubber pads or blocked such that the asphalt surface shall not be damaged.
All work within the right of way of dedicated streets, dedicated drainage ways, or public easements will be inspected by the Pima County Engineer or his designated representative.
The Department of Transportation Inspectors of the Field Engineering Division, are his designated representatives; they shall be notified prior to the start of work, during backfill operations, and when the work is completed. These Inspectors have the option of being present during any and all of the above mentioned operations to insure compliance with plans, specifications, or details. The Inspector shall have the authority to revoke the permit whenever it is clearthat the plans, details, and specifications are not being followed.
HOW AND WHEN TO CALL FOR INSPECTIONS:
Prior to starting work the applicant should call the Pima County Department of Transportation Subdivision Permit Section, #740-2650, and give the permit number, anticipated starting time, type of work and
work location at least 48 hours prior to starting work. The Tucson Metropolitan Area of Pima County is divided into Public Work Inspection Districts. The Inspector for the district in which the applicant is working will be notified to make the necessary inspections.
In the event of permanent pavement replacement, the applicant shall call the Department of Transportation and request an inspection prior to the placing of pavement. The above same information should be given prior to the start of work.
Routine inspection for subdivision and contract type work requests shall be made by calling the Pima County Department of
Transportation Inspection Section and allowing 48 hours advance notice.
The Department of Transportation Inspectors have the following holidays and normally will not work on these days: New Year's Day, Martin Luther King, Jr./Civil Rights Day, Lincoln/Washington's Presidents Day, Memorial day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. Inspection services will not be offered on these days; therefore, the applicant should plan accordingly.
A list of telephone numbers to be contacted for information, inspection, or emergency service is shown on the attached Information Supplement on the front of this Booklet.
The Pima County Department of Transportation will require acceptance testing of all materials used in any roadway construction or reconstruction within Pima County right-of-way to determine conformance to specifications. Testing will include, but not be limited to, compaction tests on backfill materials, subgrade, aggregate base course, concrete and asphaltic concrete. Quality assurance testing is the responsibility of the contractor.
All work and materials used in this Section shall be in accordance with the requirements of the Standard Specifications for Public Improvements, 1994 Edition, Pima County/City of Tucson unless noted. These shall be referred to herein as the "Standard Specifications".
When an Inspections Fee is assessed, Pima County Department of Transportation will perform the testing of the materials being used.
When no Inspections Fees are charged, Pima County will require
documentation of the trench backfill material testing. The permit applicant is responsible to obtain an ADOT inspected testing laboratory to perform gradation and compaction testing on the trench backfill to prove conformance with the Standard Specifications. Copies of the test results shall be submitted to the Inspections Section of Pima County Department of Transportation. Failure to comply may result in the removal of the backfill and replaced as per the Standard Specifications.
The work performed under permit will be accepted for maintenance by the Pima County Department of Transportation after certification by the Department's Inspectors that the work has been done according to plans, details, specifications, and requirements of the permit.
As stated previously, the Department of Transportation Inspector has the option of being present during any operation of pavement cutting and patching. Since Pima County is a large county and the Department has a limited number of Inspectors, it will impossible for an inspector to be present during all operations. We will accept minor improvement construction projects and street cut repairs which have not been completely inspected by our Inspector, provided obvious defects in workmanship and materials are not present. Items such as excessive settlement, premature raveling, and faulty pavement replacement will not be accepted. The Pima County Department of Transportation will give written notice to the permit applicant to replace or repair the faulty pavement replacement or backfill. Failure of the applicant or his contractor to perform the repair within a reasonable time may result in either Pima County obtaining a contractor to complete the necessary repairs and bill the applicant at the established repair rates, or failure to comply may result in Pima County instituting legal action pursuant to the Arizona Revised Statute ' 28-7053 and 28-7054.
Neither inspection of the work nor the testing shall remove the Permit Applicant or his contractor's responsibility to warrant proper workmanship and quality control of the completed work.
The cutting of existing asphaltic concrete pavement shall be done with a spade type pneumatic pavement cutter, saw, or other equipment capable of a neat vertical cut. Ripping of the pavement which may cause uplift or peeling shall not be allowed.
No cutting on new construction which is five (5) years or less old shall be done without approval by Pima County. A request shall be made to Pima County for cutting new constructed roadways, and proper authorization by Pima County must be given prior to cutting roadways less than five (5) years old.
Pavement patches shall be made on pavement cuts as per Detail No.216, Utility Trench Pavement Patch, Standard Details for Public Improvements.
Concrete pavement, curbs, and sidewalks shall be cut with a concrete saw to at least a third of the depth of the slab before
breaking and removal. Materials removed from the pavement, curb, or sidewalk cut shall be disposed of as per the engineer's approval.