The full primary responsibility of any excavation shall be with the permittee, who shall at all times keep the work limits properly guarded and enclosed so that the safety of persons and vehicles using the public right-of-way or easement will be assured. This responsibility shall continue until permanent replacement of pavements and all other surfaces to their original status and condition is made and shall include the defense, settlement and payment of any and all claims, actions and court judgments for damages or injuries to anyone, arising in any way out of the creation or maintenance of excavations by the permittee.
(Ord. 09-119. Passed 11-17-09.)