The full primary responsibility of any excavation, trench, or other street opening shall be that of the permit applicant, who shall at all times keep the same properly guarded and enclosed so that the safety of persons and vehicles using the street, alley, or roadway will be assured. This responsibility shall continue until permanent replacement of the pavement or the roadway surface to its original status is made, and shall include the defense, settlement, and payment of any and all claims, actions, and court judgements for damages or injuries to anyone arising in any way out of the creation or maintenance of the excavation, trench, or other street opening by the permit holder. (1980 Code 95.12)