2924-25 Ordinance Amending and Supplementing Chapter 20 Sections 1.1 et seq.- Revised.doc.pdf

Township of West Orange, NJ 4 replace the work. The Department has the right to recover costs incurred for such removal and replacement from the Contractor/Permittee. b. The Municipal Engineer will decide questions that arise concerning the following: 1. Quality and Acceptability of the work. 2. Progress of the work. 3. Interpretation of the Contract or Permit 4. Modification of the Contract or Permit 6 Responsibilities of the Contractor/Permittee a. Provide labor and equipment sufficient to perform the work, as specified in the Contract or Permit to completion. Ensure that the labor and equipment used to perform the work does not cause damage to public or private property. Provide workers that have sufficient skill and experience to properly perform the work necessary under the Contract or Permit. Provide equipment of sufficient size and mechanical condition to meet the requirements of the job. b. The Contractor/Permittee shall provide an on-site Supervisor and alternate, or provide a third-party inspector that is competent, English-speaking, and experienced in the type of construction performed on the job at the Contractor’s expense. This person should be agreed upon by the Department prior to starting work. Contact name and phone of the on-site Supervisor and alternate must be provided prior to the commencement of the work. 7. Risks assumed by the Contractor/Permittee The Contractor/Permittee assumes the following distinct risks, whether they arise from acts or omissions, negligent or not, and whether such risks are within or beyond the control of the Contractor/Permittee. a. Damage Caused by the Contractor/Permittee- The Contractor/Permittee bears the risk of all loss or damage caused by the Contractor/Permittee, their agents or employees, subcontractors, suppliers, or delivery persons. Protect and preserve all private and public property from damage or loss in performance of the work. Promptly repair or replace such damage or loss as directed by the Department. b. Risks of Loss or Damage to the Construction- Until final acceptance and review of the project, the Contractor/Permittee bears the risk of all loss or damage to construction performed under the Contract/Permit. Promptly repair or replace such damage or loss. The Department will not make any payments or modify the Contract/Permit time period for such repairs.