Except as modified by the express language appearing elsewhere in this Part 2, the following provisions and specifications shall apply to the occupancy of township right-of-way:
A.
The work authorized by this permit shall be done at such time and in such a manner as shall be consistent with the safety of the public and shall conform to all requirements and standards of the township or current Pennsylvania Department of Transportation specifications, where applicable. If at any time it shall be found by the township that the work is not being done or has not been properly performed, the permittee and/or its contractor, upon being notified in writing by the township, shall immediately take the necessary steps, at its own expense, toward placing the work in condition to conform to said requirements or standards.
B.
In the event of willful failure or neglect by said permittee and/or its contractor or their employees to perform and comply with the conditions, restrictions and provisions of this permit, the township may revoke and annul this permit and order and direct said permittee and/or its contractor to remove any or all structures or property belonging to said permittee and/or its contractor from the legal limits of the highway right-of-way and to restore the highway right-of-way to its former condition.
C.
If work is stopped on a project for any reason, and any ditch or trench, in the opinion of the township, remains open for an unreasonable period, the permittee and/or its contractor, if so directed, shall refill the ditch or trench, and work shall not be resumed thereon until the permittee and/or its contractor is prepared to proceed with the work until completion. In the event that the permittee and/or its contractor fails to refill the ditch or trench or proceed until completion of the work upon notice from the township to do so, the township may perform the necessary and required work subject to reimbursement by the permittee and/or its contractor.
D.
The permittee shall pay all costs and expenses incident to or growing out of the project, including the prescribed fees for the same, the cost of making and maintaining the temporary restoration of the disturbed areas and making permanent restoration and, further, shall reimburse the township for any inspection costs which the township may deem it necessary to incur, and the permittee shall reimburse the township for said costs within 30 days after receipt of the statement setting forth sums expended therefor by the township.
E.
If the permittee and/or its contractor, after making an opening in the highway to place or repair pipe or for any other purpose, fails to restore any portion of highway right-of-way to conform with specifications of the township, the township reserves the right to do the work and bill the permittee for the cost of the restoration.
F.
The permittee will submit to the township a certificate or certificates of insurance for public liability and property damage, in sufficient amounts to cover any loss, that may be incurred for or on account of any matter, cause or thing arising out of the construction, reconstruction, repair, relocation or installation of the permitted facilities, except in those instances where the township by prior arrangement has authorized the permittee to provide other means of protecting the township and its employees.
G.
The permission herein granted does not relieve the permittee and/or its contractor from obtaining any consent otherwise required from the owner or owners of the abutting property and does not confer upon the permittee and/or its contractor the right to cut, remove or destroy trees or shrubbery within the legal limits of the highway except under such conditions, restrictions and regulations as the township may prescribe.
H.
If at any time the structure or facility shall become a hazard from any cause whatsoever, the permittee and/or its contractor shall have the same removed or repaired within 48 hours after receipt of written notification, except at times of extraordinary happenings when extension of such time limit may be given by the township.
I.
After each and every excavation made by the permittee and/or its contractor in any road or highway right-of-way covered by this permit incident to the erection, repair, resetting or removal of any poles, manholes, conduits, water, steam, oil, gas pipes, sewers or any other obstructions or construction, said permittee and/or its contractor shall, under the supervision and direction of the township, restore the road to a condition conforming to requirements and/or specification of the township. So long as said permittee and/or its contractor operates and leaves in place such structures and appliances in, upon or along said highway right-of-way, the permittee and/or its contractor shall maintain and keep in good order and repair said structures and appliances. The permittee covenants and agrees to fully indemnify and save harmless the township of and from all liability for damages or injury occurring to any person or persons or property at or on said roads through or in consequence of any act or omission of any contractor, agent, servant, employee or person engaged or employed in, about or upon said work, by, at the instance or with the approval or consent of the permittee, or from the failure of the permittee and/or its contractor to comply with the provisions set forth herein.
J.
If at any time in the future the highway is widened or the alignment or grades are changed, the permittee further agrees to change or relocate any part of the structures covered by this permit which interferes with the improvement of the highway, at its own expense, to the extent now or hereafter required by law.
K.
During the time when the highway right-of-way covered by this permit is under process of construction and/or until said road or highway is accepted by the township, no permittee and/or its contractor will be authorized to enter upon said highway right-of-way for the purpose of erecting poles, laying conduits, water, steam, oil or gas pipes or sewers or doing any other work whatsoever which might interfere with the construction of the road or highway, unless said permittee and/or its contractor shall first file with the township a duly attested certificate, signed by the contractor or other authority constructing said road or highway, containing the full consent to such proposed work of said permittee and/or its contractor within the lines of said highway right-of-way, together with a satisfactory waiver, release and quit-claim to the township, of all damages and all defenses whatsoever for delays by reason of such work and occupation of said roadway by said permittee and/or its contractor, or from any cause whatsoever resulting by reason of such work and occupation, provided that the provisions of this subsection shall not apply in case of emergency; in such case, the permittee and/or its contractor shall procure the written consent of the township to do such work as may be deemed necessary to correct the existing emergency conditions.
L.
Any work done under this permit shall be subject to the conditions, restrictions and provisions of this permit, which shall govern all excavations, openings and trenches for the purpose of making repairs to any poles, conduits, water, steam, oil, gas pipes or sewers, or other structures, or property and appurtenances thereto belonging, erected on or in the highway right-of-way.
M.
This permit is issued subject to any additional rights which the township in which the work is to be done may have in such matters.
N.
After a permit is granted by the township, it shall not be assigned nor transferred without prior written approval from the township.
O.
To protect the highway surface or pavement on said projects, all equipment used by the permittee and/or its contractor shall be approved by the township. Such equipment shall have rubber runners or wheels. In the event that other than rubber-equipped machinery is used, the pavement shall be protected by the use of heavy rubber or similar matting which shall be a minimum of four inches wider on each side than the tracks or wheels of the equipment used.
P.
Information as to the date and character of construction or reconstruction of the township road or street may be obtained by contacting the township.
Q.
If, in the construction work, the permittee will be required to use certain blasting operations in the excavation, the permittee agrees to make, execute and deliver to the township a bond in the sum stipulated by the township with surety in the form of a surety company, duly registered and authorized to do business in Pennsylvania, conditioned that the permittee will save harmless the township from any damages whatsoever to its subgrade, subbase, modified subbase, drainage facilities, road metal and any other installations or matters in, under or upon the highway right-of-way for a period of five years from the date of the completion of the last work covered by this permit.
R.
Maintenance and protection of traffic for work authorized by this occupancy permit must be carried out in accordance with the PADOT Publication 203, as amended, and/or the requirements of the township. In this connection, the permittee shall provide and maintain all necessary precautions to prevent injury or damage to persons and property from operations covered by this permit. A traffic control plan may be required as directed by the township.
(1)
Warning signs shall be placed beyond each end of the actual operation in such a manner as to be visible to the traveling public and meet the requirements of the township. These signs shall display the name of the permittee and/or its contractor on the back of the sign. Special employees shall be assigned by the permittee and/or its contractor to direct traffic when it becomes necessary to limit it to one way. Advance permission must be obtained from township, or its authorized representative, before directing traffic through one lane. Substantial barricades with adequate illumination shall be provided and maintained for any open trench or hole in the highway right-of-way in a manner approved by the township.
(2)
Flagmen shall be provided by permittee as specified and in accordance with the requirements of PADOT Publication 203, as amended.