The permittee and his contractor shall keep all openings, all excavated
materials and all other machinery, tools or other materials properly guarded
and shall place and maintain barricades, temporary fencing, guards or other
appropriate warning devices at all times during the progress of the work.
Adequate flashing warning lights shall be operated at the opening site to
warn the public from one hour before sunset until one hour after sunrise.
The permittee and his contractor shall at all times comply with all state
safety regulations outlined in the Construction Safety Code of the Department
of Labor and Industry, Bureau of Engineering and Safety, State of New Jersey,
effective November 15, 1963, as may be amended from time to time.
If dust, dirt, air pollution, poor housekeeping or detrimental material
is allowed to exist, occur or continue as a result of the work to the point
where a public nuisance has occurred in the opinion of the Township Committee,
the Engineer or Road Supervisor, the Engineer may stop the work until the
situation complained of is eliminated. Streets are to be kept broom-cleaned
on a daily basis. If dust persists, streets may be required to be hosed clean.
The Engineer may direct the permittee or his contractor to spread dust-inhibiting
chemicals.
At all times during the course of construction, at least 1/2 of the
traveled way shall be kept open for public vehicular travel unless the permittee
or his contractor provides and marks, to the satisfaction of the Engineer,
a suitable detour. The permittee shall at all times make provisions for local
residents to have access to their properties and shall maintain the roadway
and adjacent areas free from needless obstruction. During all working hours
that single-line traffic is necessary, the permittee shall provide a flagman.
No length of street, road, shoulder or embankment shall be left open at any
one time in excess of 500 linear feet.
A.
Prior to starting work on the opening, it shall be the
responsibility of the permittee to advise each nearby or adjacent property
owner whose property will be temporarily inconvenienced or disturbed or whose
access or use of his property or the road facilities, utilities or other features
will be affected by the opening work, either directly or indirectly, when
the work will be done and, as far as possible, the effect it will have on
the owner's free use of his property.
B.
The permittee will be solely responsible for any damage,
inconvenience or disruption to nearby or adjacent properties and will save
the Township harmless from any neglect, real or alleged, that may arise from
the conduct of the work.
C.
It will be the permittee's obligation and responsibility
to arrange for any trespass permission needed.
D.
The permittee shall not store tools, machinery, materials,
dirt or debris on private property, nor use water, electricity, telephone
or other private facilities, without first obtaining permission from the property
owner.
The permittee assumes the responsibility of refilling the excavation
as it may sink, consolidate or break out from time to time, whether the repair
is temporary or permanent, and for keeping the surface level and smoothly
blended with the surrounding undisturbed pavement. After permanent repavement
and approval by the Township, the permittee shall be responsible for maintaining
the opening site for a period of 18 months, refilling, compacting, repaving,
repairing damage, restoring turf or shrubbery, all as directed by the Engineer
or Road Supervisor when necessary, and in the case of undue trench settlement,
the permittee may be required to reopen the trench or excavation to ascertain
the cause of undue settlement and to remedy the fault, all as required by
the Engineer.
