Each permit, except one obtained for work involving the city, shall incorporate by reference and require the permittee and the owner to comply with the liability and indemnity provisions set forth below in this section.
A. Responsibility Of Owner And Permittee: Each owner and permittee is wholly responsible for the quality of the work performed in the public way and both the owner and permittee are jointly responsible for all consequences of any condition of such work and any facilities installed in the public way. The issuance of any permit, the performance of any inspection or repair, the making of any suggestion, the issuance of any approval, or the acquiescence of any person affiliated with the office of the city engineer shall not excuse any owner or permittee from such responsibility or liability.
B. Indemnification, Defense, And Hold Harmless:
1. Each owner and permittee shall agree on its behalf and that of any successor or assign to indemnify, defend, protect, and hold harmless the city, including, without limitation, each of its officers, agents, and employees, from and against any and all actions, claims, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorney fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from:
a. Any act or omission by, or negligence of, the owner or the permittee or its subcontractors, or the officers, agents, or employees of either, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in any way whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance or installation of any equipment, facility, facilities or structures authorized under the permit, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required;
b. Any accident, damage, death or injury to any contractor or subcontractor, or any officer, agent, or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required;
c. Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property or goodwill in, upon, or in any way allegedly connected with the work authorized by the permit from any cause or claims arising at any time, including, without limitation, injuries relating to falling objects or failure to maintain proper barricades and/or lights as required; and
d. Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the work site subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling. (Ord. 70-99 § 1, 1999)