734-055-0025 Liability and Control (1) Applicant shall be responsible and liable for all damage or injury to any person or property resulting from the physical location, installation, construction, maintenance, operation or use of the facility or operation for which applicant has been granted a permit. Applicant shall indemnify and hold harmless the State of Oregon, the Commission, the Department 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 applicant, its agents or employees in connection with the physical location, installation, construction, maintenance, repair, operation or use of said facility or in conducting an operation. (2) Applicant shall be responsible for relocating or adjusting any other facilities located on highway right-of-way as required to accommodate the facility or operation applied for. Construction of the facility or conducting of an operation by applicant, its agent or contractor, will be permitted only after applicant has furnished the DM evidence that satisfactory arrangements for said relocation or adjustment have been made with the owner of the affected other facility. (3) The Department, the Engineer, or employees shall not be responsible or liable for injury or damage that may occur to the facility covered by the permit by reason of Department maintenance and construction operations or resulting from motorist or road user operations, or Department contractor or permittee operations, except as to injury or damage caused by the negligence of the Engineer or employees of the Department. (4) Applicant shall employ any and all methods in performing the operations authorized by the permit which the Engineer may require in order to properly protect the public from injury and the highway from damage. (5) If the highway surface or highway facilities are damaged by applicant, applicant shall replace or restore the highway or highway facilities to a condition satisfactory to the DM, whether discovered at the time of installation or at a later date. The DM at his option may have applicant replace or restore the highway or highway facilities to a condition satisfactory to him or the DM may replace or restore the highway or highway facilities by contractor or state forces and the costs incurred to be paid by applicant under the terms outlined in OAR 734-055-0020(2). (6) The work area during any construction or maintenance performed under the permit provisions shall be protected in accordance with the current Manual on Uniform Traffic Control Devices for Streets and Highways as amended or supplemented by the Commission. Necessary signs shall be furnished by applicant unless otherwise specified in the permit. Applicant’s traffic control plan shall be reviewed and approved by the DM before work begins. (7) The stopping or parking of vehicles upon the state highway right-of-way for the servicing of such vehicles or the conducting of any business transaction or commercial activity upon state highway right-of-way is strictly prohibited. (8) Applicant shall be solely responsible for providing correct and complete information as may be required by the permit or the DM. If the DM should determine that any fact required of applicant which is material to the assessment of the facility or operation’s impact upon traffic safety, convenience and/or the legal or property rights of any person (including the State of Oregon) is false, incorrect or omitted, the DM may deny or revoke the permit and may require applicant to remove the facility or terminate the operation and restore the facility area to a condition acceptable to the DM at applicant’s expense. In such cases the DM, in his judgment, may also require applicant to provide, at applicant’s expense, any additional safeguards and/or facilities required to protect the safety, convenience and rights of the traveling public and persons (including the state), if such additional requirements are adequate to achieve those purposes, as a condition of the continued validity of the permit. (9) To ensure compliance with the terms and conditions of the permit, the Department reserves the right to inspect the work during such periods as the DM deems necessary, to check compliance with the terms of the permit by applicant and to require applicant to correct all deviations from those terms and conditions. The cost of such inspection shall be paid by applicant under the terms outlined in OAR 734-055-0020(2). (10) Any supervision and/or control exercised by the Department personnel shall in no way relieve applicant of any duty or responsibility to the general public nor shall such supervision and/or control relieve applicant from any liability for loss, damage or injury to persons or property as provided in section (1) of this rule. (11) Facilities shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted. Any revisions to the facility location shall be approved by the DM prior to construction. Applicant shall furnish the DM two sets of “as constructed” drawings that show the facility location revisions. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 184 & 374 Statutes/Other Implemented: ORS 374.305 History: HWY 6-1989, f. & cert. ef. 10-25-89 2HD 2-1981, f. & ef. 2-25-81 HC 1176, f. 9-24-68