§ 96-9. Responsibilities, agreements and indemnifications.

A. 

The applicant agrees and is deemed to agree, as a condition of the issuance of each permit, that he shall have complete responsibility for:

(1) 

Supervising all aspects of the excavation or encroachment work, activity, intrusion or use; the protection thereof; and the prevention of injuries to persons and damage to property, facilities and utilities on or about the work, activity, intrusion or use.

(2) 

Property maintaining in a good and safe condition, which may include replacement as provided in this chapter, any and all temporary pavement installed under the permit and preventing injuries to persons and damage to property which might be caused by or arise out of the condition of any such temporary pavement.

(3) 

Promptly submitting to the Director any notice of and copies of all claims or potential claims by third parties for property damage or personal injury alleged to have resulted from the work.

(4) 

Conducting all aspects of the work connected with the permit in a safe and orderly manner. The permittee shall in no way be relieved of the foregoing responsibilities by any permission or permit given nor by any failure of the Director to give permission, permits, orders or directives.

B. 

The applicant further agrees and is deemed to agree, as a condition of the issuance of a permit under this chapter, that he shall indemnify, protect and hold harmless the City, its officers, agents and employees from and against any and all liabilities, claims, demands, suits or actions, including all costs and expenses of defense and otherwise, including attorneys' fees, on account of bodily injury, sickness, disease or death sustained by any person or persons or injury or damage to or destruction of any property:

(1) 

Directly or indirectly arising out of the work, activity, encroachment or use or from any negligence or omission in guarding it or maintaining it and its immediate area in a safe condition.

(2) 

From any negligence or omission in failing to property maintain or replace, as provided in this chapter, and keep in a good and safe condition all temporary pavement installed in connection with the permit, excluding therefrom injury or damages caused solely by or arising solely out of ice or snow, whether or not such liabilities, claims, demands, suits or actions are just, unjust, groundless, false or fraudulent, excepting therefrom liability caused by or resulting solely from the negligence of agents or employees of the City acting in the discharge of their duties.

C. 

The applicant shall assume and agrees to indemnify and reimburse the City for all costs and expenses the City may incur in providing for the protection of and the safe and convenient passage of the public at the location of the excavation or encroachment should the applicant fail to do so as required by the conditions of the permit or by this chapter.

D. 

The applicant shall assume and agrees to indemnify and reimburse the City for all costs and expenses the City may incur in connection with the issuance of the permit including, but not limited to, correcting and bringing into compliance with the provisions of this chapter the excavation and/or encroachment, the location and surrounding area thereof and all temporary paving should the applicant fail to do so; all costs and expenses incurred or arising out of any act or omission of the applicant, his servant or agents in obstructing or damaging any part of the City drainage or sewer system; and, upon revocation of a permit as provided in this chapter, all costs and expenses incurred in removing any encroachment or filling, repairing or resurfacing any excavation and in restoring and cleaning up the site and surrounding area to its original condition.