(A) The applicant shall indemnify and hold harmless the city, City Council, all officers, employees, or agents of the city against all damages, claims, demands, actions, costs, and expenses which may result from any injury to or the death of any person or from the loss of, or damages to, property of any kind or nature, including the street and street facilities or structures, property, or equipment used or owned by the city or the Street Department or his or her designee, and facilities which now or may hereafter occupy the right-of-way of said street, when such injury, death, loss, or damage arises out of the construction, installation, maintenance, repair, removal, relocation, operation, or use of the pole line, buried cable, pipe line, sign, or miscellaneous facility covered by the permit, or out of miscellaneous operation authorized by the permit.
(B) The city, its officers, or employees shall not be held responsible or liable for injury or damage that may occur to facilities covered by the permit or any connection thereto by reason of street maintenance and construction operations or resulting from motorist or street-user operations or street contractor or permittee operations.
(C) The applicant shall employ methods in performing the operations authorized by the permit which the Public Works Director or his or her designee may require in order to properly protect the public from injury and the street from damage.
(D) During the initial installation or construction of the facilities authorized by the permit, or during any future repair, removal, or relocation thereof, or during any miscellaneous operations, the applicant shall at all times maintain such flagperson, signs, lights, flares, barricades, and other safety devices during non-work hours and the Public Works Director or his or her designee may request and be furnished the telephone number and address of such watchperson.
(E) (1) The applicant shall conduct his or her operations so that there will be a minimum of interference with or interruption of traffic upon and along the street.
(2) Except in emergencies, there shall be no interference with or interruption of traffic upon and along the street until a plan for the satisfactory handling of traffic has been prepared by the permit holder and approved by the Public Works Director or his or her designee.
(3) In emergencies, the applicant shall notify the Public Works Director or his or her designee as soon as possible.
(F) All traffic-control and safety devices used for the protection of the work areas shall conform to the current provisions of the Oregon Manual on Uniform Traffic Control Devices, Technical Bulletin No. 28.
(G) To ensure compliance with the terms and conditions of the permit, the city reserves the right to inspect actions taken under a permit at any time and to require the applicant to correct all deviations from the permit. The cost of such inspection shall be paid by the applicant under the terms outlined in § 95.081 of this subchapter.
(H) Any supervision and control exercised by the Public Works Director or his or her designee shall in no way relieve the applicant of any duty or responsibility to the general public, nor shall such supervision and control relieve the applicant from any liability for loss, damage, or injury to persons or property as provided in § 95.083 of this subchapter.
(I) Notice must be given to the Public Works Director or his or her designee at least two working days prior to commencement of actual construction under a permit.
(Ord. 88, passed 4-5-1982)