No person shall open or dig a trench in a public
road, street, highway or thoroughfare of the Township of Springfield,
nor direct or cause any employee, agent or contractor of such person
to open or dig a trench or make any other excavation or disruption
of pavement in any street, highway, road or thoroughfare of the Township
until a written permit for such opening, excavation, trench or other
pavement disruption has been duly issued by the Township Engineer.
Any person granted a permit to open or excavate
a trench or other excavation, or otherwise disrupt pavement in any
area within the right-of-way of any road, in any road, street, highway
or public thoroughfare shall accept, as conditions of the granting
of the permit, the following responsibilities:
A. Assume all liability and responsibility arising from
the street opening covered by the permit, including liability arising
from the opening, construction operations, traffic safety and control
and restoration, holding the Township of Springfield harmless from
all liability and litigation.
B. Comply with all requirements set forth herein or as
otherwise directed by the Township Engineer.
C. Provide the Township Engineer with a minimum of two
working days notice in advance of commencement of street opening work.
D. Notify all utilities or other entities of the street
opening work, as required by New Jersey law.
E. Protect the health, safety and welfare of the public
at all times by employing all required traffic safety devices, warning
devices and other items required to maintain traffic safety and circulation.
F. Prevent, to the fullest extent possible, the inconvenience
to the public due to road opening work and maintain at all times safe
and efficient traffic circulation around the work.
G. Provide and maintain liability insurance for not less than the limits as specified in §
181-17, or as required by law, whichever is greater. All liability insurance policies shall name the Township of Springfield and the County of Burlington, New Jersey as being additionally insured and held harmless from all suits arising from the road opening. Such endorsements shall be recorded on the insurance policy and evidence of coverage shall be submitted to the Township Engineer prior to the issuance of a road opening permit.
H. Submit evidence of Worker's Compensation Insurance
coverage prior to the issuance of the road opening permit.
I. Maintain proper barricades, signs, warning devices
and all other traffic safety devices at all times.
J. Obey all instructions issued regarding the permit
given by the Township Engineer.
K. Post all required maintenance guaranties and repair
any defects or failures in the restoration during the period covered
by the maintenance guaranty. All repairs shall be carried out within
two working days of notification of restoration defects or failure
by the Township Engineer.
The permittee shall solely be liable and responsible
for any damages, injuries or claims resulting from the street opening,
restoration or is in any connection related to the permit or the permittee's
operations or actions. Nothing in this chapter shall be understood
or construed by any permittee or other person to absolve any permittee,
or his/her employees, agents or contractors, of any responsibility
for any damage or injuries suffered by any person or property in opening
or digging in any public road, street, highway or thoroughfare.