OAR 734-051-5060
Liability, Insurance and Bonding Requirements

(1)

Liability. A permittee assumes responsibility for damage or injury to any person or property resulting from the construction, maintenance, repair, operation, or use of an approach for which a construction permit or a Permit to Operate is issued and where the permittee may be legally liable.

(2)

Indemnification. An applicant or permittee indemnifies and holds harmless the State of Oregon, the commission, the department, and all officers, employees or agents of the department against damages, claims, demands, actions, causes of action, costs, and expenses of whatsoever nature which may be sustained by reasons of the acts, conduct, or operation of the applicant, his agents, or employees in connection with the construction, maintenance, repair, operation, or use of an approach. Any such indemnification shall also provide that neither the contractor or subcontractor, nor any attorney engaged by the contractor or subcontractor, shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that the contractor is prohibited from defending the State of Oregon, or that the contractor is not adequately defending the State of Oregon’s interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue claims it may have against the contractor if the State of Oregon elects to assume its own defense.

(3)

Amount of Insurance. Construction of an approach may not begin until the applicant provides the department with evidence of insurance in the following minimum amounts or the amounts required by the Department of Administrative Services, if greater:

(a)

$500,000 for property damage resulting from any single occurrence, or $500,000 combined single limit and annual aggregate; and

(b)

$500,000 for the death or injury of any person, subject to a limit of $500,000 for any single occurrence and annual aggregate.

(4)

Additional Insured. Insurance policies must include as Additional Insured the State of Oregon, the commission, and the department, its officers, agents and employees, except as to claims against the permittee, for personal injury to any members of the commission or the department and its officers, agents, and employees or damage to any of its or their property.

(5)

Insurance Required Prior to Construction. Construction of an approach may not begin until a copy of the insurance policy or a certificate showing evidence of insurance is filed with the department.

(6)

Notice of Intent to Cancel or Not Renew Insurance. A permittee shall provide thirty (30) days written notice to the department of intent to cancel or intent not to renew insurance coverage. Failure to comply with notice provisions does not affect coverage provided to the State of Oregon, the commission, or the department, its officers, agents and employees.

(7)

Damages. If the permittee or permittee’s contractor damages the highway surface or highway facilities, the applicant must replace or restore the highway or highway facilities to a condition satisfactory to the department.

(8)

Assurances. The permittee must furnish, in an amount specified by the region manager and for the time period necessary to install the approach, a cash deposit or a bond issued by a surety company licensed to do business in the State of Oregon to ensure the approach is installed in conformance with the requirements of this division and that any damage to the highway has been corrected to the department’s satisfaction; and no construction is performed until a deposit or bond is filed with the department.

Source: Rule 734-051-5060 — Liability, Insurance and Bonding Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=734-051-5060.

734‑051‑1010
Authority for Rules — General Provisions 734‑051‑1020
Purpose and Intent of Rules 734‑051‑1030
Administration of Rules 734‑051‑1040
Relationship to Local Jurisdiction Rules and Regulations 734‑051‑1050
Procedure to Obtain a Permit to Construct or Modify a Public Approach 734‑051‑1060
Delegation of Permit Authority to Local Jurisdiction 734‑051‑1065
Restriction of Turning Movements for Existing Private Approaches 734‑051‑1070
Definitions 734‑051‑2010
Rights of Access — General Provisions 734‑051‑2020
Grants of Access 734‑051‑2030
Indentures of Access 734‑051‑3010
Administration of Private Approaches — Permit for Private Approach 734‑051‑3015
Presumption of Written Permission for an Existing Private Connection 734‑051‑3020
Change of Use of a Private Connection 734‑051‑3030
Application Requirements for State Highway Private Approach 734‑051‑3040
Private Approach Permit Application Review, Approvals and Timelines 734‑051‑3050
Deviations from Approach Spacing, Sight Distance, and Channelization Standards for a Private Approach 734‑051‑3060
Pre-Decision Collaborative Discussion for Highway Approach Permit Applications 734‑051‑3070
Mitigation Measures 734‑051‑3080
Post-Decision Review Processes 734‑051‑3090
Post-Decision Collaborative Discussion 734‑051‑3100
Access Management Dispute Review Board 734‑051‑3110
Contested Case Hearing Process 734‑051‑4010
Access Management Standards for Approaches — General Provisions 734‑051‑4020
Standards and Criteria for Approval of Private Approaches 734‑051‑4030
Benefit to the State Highway System 734‑051‑4040
Temporary Approaches 734‑051‑4050
Special Use Approaches 734‑051‑5010
Approach Design and Construction — Design of Approaches 734‑051‑5020
Issuance of Construction Permits 734‑051‑5030
Construction of Approaches 734‑051‑5040
Effective Period of Construction Permits 734‑051‑5050
Responsibility for Costs of Construction of Approaches 734‑051‑5060
Liability, Insurance and Bonding Requirements 734‑051‑5070
Review Procedure for Modifying a Construction Permit 734‑051‑5080
Issuance of a Permit to Operate, Maintain and Use an Approach 734‑051‑5090
Maintenance of Approaches 734‑051‑5100
Effective Period of Permit to Operate, Maintain and Use an Approach 734‑051‑5110
Revocation of Permits and Removal of Approaches 734‑051‑5120
Access Management in Project Delivery 734‑051‑6010
Remedies in Closure of Approaches — Authority and Purpose of OAR 734-051-6010 through 734-051-6060 734‑051‑6020
Definitions 734‑051‑6030
Offer of Remedies 734‑051‑6040
Procedure for Resolving Claims 734‑051‑6050
Appraisals 734‑051‑6060
Conditions of Agreement 734‑051‑6070
Delegation 734‑051‑7010
Access Management in Highway Facility Plans
Last Updated

Jun. 8, 2021

Rule 734-051-5060’s source at or​.us