As used in this Part 2, the following terms
shall have the meanings indicated:
The developer who has received permission and approval from
the municipality to perform the work as specified in the filed plans.
The Township Engineer or his duly authorized representative.
Boonton Township, Morris County, New Jersey.
The engineer engaged by the developer to perform private
engineering services for the particular project being considered.
The work performed shall comply strictly with
all the requirements of the New Jersey State Highway Department Standard
Specifications for Road and Bridge Construction for 1961, except as
amended, modified or supplemented herein. The New Jersey State Highway
Standard Construction Details shall govern, except insofar as the
same are modified or changed in detail drawings prepared for the particular
project.
All inspections during the progress of the work
described under these specifications will be made by the Engineer.
The work shall be executed to his satisfaction and in conformity with
his instructions and in such order and sequence as he may approve
or direct; provided, however, that all the requirements of the approved
plans and of these specifications be fulfilled subject to the final
approval of the municipality.
The stakes and marks given by the project engineer
shall be carefully preserved by the contractor who shall furnish all
necessary stakes, grade boards, lines and appurtenances and all necessary
assistance and facilities for establishing benches and grades and
making measurements.
A.
The municipality and the Engineer shall have the right
to inspect all materials and work done during any phase of construction.
The contractor shall furnish all reasonable facilities and aid to
the Engineer and safe and convenient means for the examination and
inspection of any part of the work.
B.
No work shall be closed or covered up until it has
been duly inspected and approved. Should uncompleted work be covered,
the contractor shall, at his own expense, uncover all such work so
that it can be properly inspected, and, after inspection, he shall
properly repair and replace all such work if found defective.
A.
All materials used in the construction shall be new,
except where reclaimed materials are indicated, and shall be furnished
by the contractor, and shall be approved by the Engineer. A request
for approval of materials shall state the proposed source. All workmanship
shall be satisfactory to the Engineer. Materials and workmanship not
satisfactory shall be replaced by the contractor.
B.
The contractor shall do all things necessary in connection
with his work and shall leave the premises in as good condition as
found, furnishing new materials and work, if necessary.
A.
The contractor shall abide by and comply with the
true intent and meaning of all drawings and of the specifications
taken as a whole.
B.
If the contractor believes that the construction indicated
on the approved drawings will not, when executed, produce safe and
substantial results or if it appears that there is any discrepancy
in the drawings, it is his duty to immediately notify the Engineer.
A.
Interpretation of the drawings and specifications
shall be given preference in the following order:
B.
In case the contractor finds the specifications or
plans are not sufficiently clear or complete, he shall request the
project engineer to provide supplementary plans and specifications
as may be necessary.
A.
The contractor shall be responsible for the maintenance
of traffic in all public thoroughfares with a minimum of one lane
open at all times for emergency vehicles. Where necessary, steel plates
shall be employed to provide for the maintenance of traffic as directed
by the Engineer. Under no circumstances will a public street or roadway
be completely closed to traffic without permission from the Engineer,
and the contractor, upon receiving permission from the Engineer, shall
notify the Police Department of such closing. Access to driveways
shall be maintained at all times. No driveway shall remain blocked
overnight.
B.
The contractor shall conduct his operations in such
a manner as to provide maximum safety for all employees on the work
and the public as well. The contractor shall provide suitable bridges,
barricades, railings or other protection about open trenches on excavations
and any necessary traffic directors, detour signs, red lights and
danger signals for any obstruction to traffic.
A.
The contractor shall be responsible for all parts
of his work, temporary or permanent, until the installation is accepted
by the municipality, and he shall thoroughly protect all work, finished
or unfinished, against damage from any cause. The use of part or all
of the work by the municipality shall not relieve the contractor of
this responsibility.
B.
In the course of his operations, the contractor may
disturb certain public or private seeded and lawn areas, driveways
and parking areas, curbing, fences, hedges, walks, etc., along the
site of the project, which he will be required to restore to the condition
in which he found them. Unless otherwise directed by the Engineer,
the contractor shall dig up, handle, protect and properly reset hedges,
small trees and shrubbery along the line of or adjacent to the work
and shall take all reasonable care of this work. All materials shall
be in a good condition when reset, or the contractor shall replace
them with new stock. Tree roots shall not be mutilated or cut except
by permission of the Engineer. When permitted to cut tree roots, the
ends shall be cut off smooth. All trees in improved areas and close
enough to the work to be in danger of damage by the construction operations
shall be effectually boxed and securely braced, if necessary, before
construction begins. Tree branches shall be tied back, and under no
circumstances may they be cut off or damaged.
C.
The contractor shall be responsible for damage to
life and property due to his operations and shall provide all necessary
guards, rails, night lights, etc.
Any work, or part of work, which, in the opinion
of the Engineer, has not been done in accordance with these specifications
or the instructions of the Engineer, or any material which does not
conform to the specifications, shall be removed and replaced in a
satisfactory manner at the contractor's expense.
A.
The contractor shall comply with all federal, state,
County and local laws, regulations, resolutions and ordinances affecting
the work, shall give proper public authorities all requisite notice
in connection with the work and shall obtain and pay for all necessary
licenses, permits, etc. The contractor shall be solely responsible
for any damage resulting from his neglect to obey all laws, regulations,
rules and ordinances, and, should he perform any work called for by
the specifications or drawings, knowing it to be contrary to such
laws, regulations, resolutions, rules and ordinances, and without
notifying the Engineer in writing and obtaining written consent to
proceed, he shall bear all costs and damages arising therefrom.
B.
The contractor shall pay particular attention to the
rules and regulations of the Construction Safety Code issued by the
State of New Jersey Department of Labor and Industry, Bureau of Engineering
and Safety.
The contractor shall indemnify and save harmless
the municipality from and against all losses and all claims, demands,
payments, suits, actions, recoveries and judgments of every nature
and description brought or recovered against it by reason of any act
or omission of the contractor, his agents or employees in the execution
of the work or the guarding of it, and, in case any such action is
brought against the owner, the contractor shall immediately take charge
of and defend the same at his own cost and expense.
(Reserved)
The contractor shall pay the inspection fees
required by the County, state, all railroads and any other authorities
having jurisdiction.
The Engineer may, at his discretion, require
materials to be used in performing the work under this contract to
be tested. Whenever so instructed by the Engineer, the contractor
shall furnish representative samples of materials and shall forward
them to the office of the Engineer. The entire cost of sampling and
testing such materials shall be borne by the contractor.
The contractor shall obtain all permits and
licenses and pay all charges for the same as required by the municipality
or other authorities having jurisdiction.
As the work progresses, all rubbish, refuse
and unused materials and tools shall be removed from the site and
all work on completion shall be left in a neat and orderly condition
ready for use. All ditches, pits and other excavations made by the
contractor for his convenience in prosecuting the work shall be filled
up, and all embankments, temporary spoil banks and similar deposits
not shown on the plans shall be removed, prior to the completion of
the work, in such manner and to such extent as the Engineer may direct.
The contractor must arrange for his own water
supply, electric service and other utilities, paying for all permits,
connections, piping meters, consumption, etc., as required.
Before the final acceptance of the project,
the contractor shall:
A.
Remove all equipment, temporary work, unused and useless
materials, rubbish and temporary buildings;
B.
Repair or replace in an acceptable manner fences or
other private or public property which may have been damaged or destroyed
on account of the prosecution of the work;
C.
Fill all depressions and water pockets on public and
private property caused by his operations;
D.
Remove all obstructions from waterways caused by his
work;
E.
Clean all drains and ditches within and adjacent to
the site of the project which have been obstructed by his operations;
and
F.
Leave the site of the project and adjacent public
and private property in a neat and presentable condition wherever
his operations have disturbed conditions existing at the time of starting
work.
