2924-25 Ordinance Amending and Supplementing Chapter 20 Sections 1.1 et seq.- Revised 04292025 (002).pdf

Township of West Orange, NJ 5 c. Risks of Claims on Account of Injury, Loss, or Damage- The Contractor/Permittee bears the risk of claims, just or unjust, by third parties made against the Contractor, Permittee, or Township of West Orange on account of injuries, wrongful death, loss, or damage of any kind whatsoever arising or alleged to arise out of or in connection with the performance of the work. d. Risks of Loss to Property of Those Performing the Work- The Contractor/Permittee bears the risk of loss or damage to any property of the Contractor/Permittee, and of claims made against the Contractor/Permittee or the Township for loss or damage to any property of subcontractors, workers, and others performing the work at any time before removal of said property from the project limits or Township property. 8. Suspension of Work, Suspension of Permit- The Municipal Engineer has the right to suspend the work, wholly or in part, as deemed necessary for the following reasons: a. Contractor/Permittee fault- including but not limited to, failure to fulfill Contract requirements, failure to comply with the provisions and procedures of the Permit, working in an unsafe or reckless manner, failure to correct unsafe conditions, and/or failure to carry out directions of the Department. b. Convenience of the Department- this direction will be sent to the Contractor/Permittee in writing. c. Unsuitable Weather Conditions- to be determined by the Department. § 20-1.3. Deposit to Cover Cost of Replacement; Bond. [1972 Code § 22-1.3; Ord. No. 1328-95 § 5; amended 2-9-2021 by Ord. No. 2635-21 ] The applicant shall upon receiving the permit, in order to secure the Township, deposit with the Township a sum to be determined by the Township Engineer, based on the area of the excavation and twice the prevailing cost of replacement, for such excavation. The minimum bond shall be $3,000 cash. The deposit shall be forwarded to the Township Treasurer, who shall use it to defray the expense of the Township in maintaining and completing the work of repairing or replacing the street or road or part thereof, if the permittee has not maintained or completed it to the satisfaction of the Engineer. In lieu of the deposit, the applicant may, at the Township's option, give bond to the Township in the sum of $50,000 with surety or sureties as the Township Council shall approve, conditioned for

eer. In lieu of the deposit, the applicant may, at the Township's option, give bond to the Township in the sum of $50,000 with surety or sureties as the Township Council shall approve, conditioned for the payment from time to time of the expenses of repairing or replacing any and all streets or roads or parts thereof, so torn up or excavated upon permits issued therefor. § 20-1.4. Deposit Payment of Additional Sum. [1972 Code § 20-1.4; Ord. No. 1328-95 § 6]