- (a) The following items related to safety apply to the utility owner's activities within the highway right-of-way.
(b) By undertaking work within the highway right-of-way, the utility owner agrees to the following:
- (1) The utility owner shall assume full liability for any hazard to traffic created by their operation and shall maintain use of appropriate traffic control to protect traffic and shall comply with the current edition of the Manual on Uniform Traffic Control Devices;
- (2) The utility owner shall assume full responsibility for safeguarding all utilities in the work area during the time of construction and shall notify the One Call Center and have utility facilities located prior to beginning work that would disturb soil;
(3)
- (A) The utility owner shall be responsible for maintaining all existing highway, street, and county road regulatory, warning, guide, and informational signs in an effective location at all times for the duration of any work while on highway right-of-way and shall reinstall them at the correct location upon the completion of the work.
- (B) Any signs damaged during the work shall be replaced at the utility owner's expense;
(4) The utility owner shall perform all work in accordance with:
- (A) State law;
- (B) Federal law and regulations;
- (C) Local ordinances and regulations; and
- (D) Occupational Safety and Health Administration standards; and
- (5) The utility owner shall indemnify and save harmless the State of Arkansas, the State Highway Commission, the Arkansas Department of Transportation, and its officials and employees in all respects from any and all losses, damages, or injury to persons or property resulting in any manner from any negligent act or omission in connection with work operations, occupancy, or use of department highway right-of-way or property.