(A) Each user shall indemnify, protect, and hold harmless the village from any claim, loss, or damage arising in any way from user’s use of the right-of-way including, but not limited to, traffic control, OSHA, or the construction, operation or maintenance of the user’s facilities or from any user’s negligent or wrongful act or omission.
(B) In addition to other requirements set forth herein, each user shall:
(1) Locate its facilities within the right-of-way in a manner which attempts to anticipate and preserve available space for future use by the village or other users;
(2) Use its best efforts to cooperate with other users and the village for the best, most efficient, most aesthetic, and least obtrusive use of rights-of-way, consistent with safety, and to minimize traffic and other disruptions, including street cuts;
(3) Ensure that above ground structures and facilities do not constitute a hazard to traffic and would not cause undue damage to any person or vehicle using the right-of-way;
(4) Participate in joint planning and advance notification of right-of-way work, excepting the work performed in emergencies or other exigent circumstances;
(5) Upon notification by and at the direction of the village and at the user’s sole cost, promptly remove or rearrange facilities as necessary during any construction, repair, or modification of any village improvement or for any other reasonable cause as determined by the village;
(6) Provide maps or other information identifying any changes since the most recent, previous plans, maps or description, in a form and at a time as requested by the village. The maps and information shall locate, describe, and fully identify all uses, structures and facilities of the user in the right-of-way;
(7) Perform all work, construction, maintenance, or removal of structures and facilities within the right-of-way in accordance with good engineering and construction practice and ODOT traffic control guidelines, including any appropriate safety codes, and use best efforts to repair and replace any street, curb, or other portion of the right-of-way, or facilities or structures located therein, to a condition materially equivalent to its condition prior to the work or to village standards, whichever is greater, in a manner which minimizes any inconvenience to the public, the village, and other users; and
(8) Register with underground reporting services as appropriate.
(C) Users shall notify the Administrator of all long-term planning for future improvements. The Administrator may from time to time request all or some users to meet to discuss long range plans and how work might be coordinated among users.
(D) Each user shall ensure any subcontractors or others performing any work or services in the right-of-way on behalf of the user comply with all applicable provisions of this chapter and the user shall be responsible and liable hereunder for all actions of any subcontractor or others as if the user had performed or failed to perform any obligation.
(Ord. 1253-99, passed 5-11-1999) Penalty, see § 95.99