A. The applicant shall be responsible and liable for all accidents, environmental clean-up, damages or injuries to any person or property resulting from the construction, maintenance, repair, operation, or use of a facility for which the applicant may be legally liable. The applicant shall indemnify and hold harmless the City of Wood Village, its City Councilors, and all officers, employees, or agents against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which they or any of them may sustain by reasons of the acts, conduct or operation of the applicant, agents or employees in connection with the construction, maintenance, repair, operation or use of said facility.

B. Except for the gross negligence of the City, the City and its Council, City Manager, officers or employees shall not be held responsible or liable for injury or damage that may occur to facilities or any connection or connections thereto resulting from motorists or otherwise.

C. The applicant shall employ any and all methods in performing the operations that the City Manager or Designee may require in order to properly protect the public from injury and the public right-of-way from damage.

D. During the initial installation or construction of a facility, during any future repair, removal, or relocation thereof, or during operations, the applicant shall at all times maintain such flaggers, signs, lights, flares, barricades and other safety devices as required or recommended by the Manual of Uniform Traffic Control Devices with Oregon Supplements, as amended. A traffic control plan or additional traffic control measures may be required if deemed to be necessary to properly protect traffic upon the street, and to warn and safeguard the public against injury or damage.

E. In the event of an emergency repair the applicant shall so conduct their operations that there will be a minimum of interference with or interruption of the traffic upon and along the street until the City Manager or Designee has approved a plan for the satisfactory handling of traffic. In emergencies, the applicant shall notify the City Manager or designee as soon as practicable.

F. All traffic control and safety devices used for protection of the work areas shall conform to the current provisions of the Manual of Uniform Traffic Control Devices, with Oregon Supplements, as amended.

G. To ensure compliance with applicable standards, the City Manager or Designee reserves the right to inspect the job during such periods as the City Manager or Designee deems necessary, to check compliance by the applicant and to require the applicant to correct all deviations from those standards.

H. Any supervision and/or control exercised by the City Manager or Designee shall in no way relieve the applicant of any duty or responsibility to the general public nor shall such supervision and/or control relieve the applicant from any liability for loss, damage or injury to persons or property.

I. The decision of the City Manager or Designee shall be final with respect to any of the standards and the conditions, terms, stipulations or provisions of a permit.