General safety and maintenance conditions.

a. 

Safety precautions.

1. 

The permittee and the permittee's 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 the permittee's 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.

2. 

The permittee or the permittee's contractor is required to contact the New Jersey One Call System (1-800-272-1000) for a utilities markout, in accordance with New Jersey State law, prior to commencing work.

b. 

Cleanliness. 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 the public is unduly inconvenienced or disturbed, in the opinion of the Borough Engineer, 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 Borough Engineer may direct the permittee or the permittee's contractor to spread dust-inhibiting chemicals.

c. 

Maintenance of traffic. 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 the permittee's contractor provides and marks, to the satisfaction of the Borough Police Chief, a suitable detour which is approved in advance and marked in accordance with the direction of the Borough Police Department. The permittee shall, at all times, make provisions for local residents to have access to their properties and shall maintain the roadway and adjacent area free from needless obstruction. During all working hours that single-line traffic is necessary, the permittee shall provide flagpersons as necessary. No length of street, road, shoulder or embankment shall be left open at any one time in access of 500 linear feet.

d. 

Protection of private property. 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 by the project, when the work will be commenced and what effect the work will have on the owner's use of the owner's property. The permittee will be solely responsible for any damage, inconvenience or disruption to nearby or adjacent properties and will save the Borough harmless from any claims arising from the conduct of the work. It will be the permittee's obligation and responsibility to arrange for any rights of entry or easements needed. 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.

e. 

Maintenance of newly reconstructed surface facilities. 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 keeping the surface level and smoothly blended with the surrounding undisturbed pavement. After permanent repavement and approval by the Borough, 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 when necessary, and, in the case of undue trench settlement, 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.