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CITY ATTORNEY — CIVIL DEPARTMENT <br /> location of its equipment, then the responsibility remains with <br /> the agency who mismarked the location. Having the location <br /> marked, the City crews must then use reasonable care according to <br /> —accepted engineering standards to protect the marked facilities. <br /> If the City has called for a locate and someone fails to <br /> respond, the information the City holds in its permit record may <br /> become a factor. If the information is easily retrieved, the <br /> City's risk is higher than if the information is very old and <br /> unavailable. <br /> Hold Harmless Clause: <br /> You have asked also about the effectiveness of the hold <br /> harmless agreement on the back of the street cut permit form. <br /> Because of its basis in municipal regulation and because of <br /> presumptions that people know the law affecting their conduct, the <br /> language may have more legal effect than it would if it were a <br /> private agreement. It would be helpful but not essential if the <br /> front of the permit boldly declared the presence of the conditions <br /> on the back of the form. As to the franchisees and the public <br /> utilities of the City, the obligation to hold harmless can easily <br /> be imputed given the regulation, franchise language and the <br /> frequency with which they have obtained permits. <br /> Damage to Street Trees. <br /> Finally, you asked after the ability of the City to recover <br /> for damage done to City owned trees and shrubbery in the public <br /> way. As part of the City Engineers' reasonable conditions <br /> 8 <br />