ARTICLE 35B

PUBLIC WORKS CONSTRUCTION LICENSE BY-LAW

I. Introduction

From time to time, it is necessary to excavate a Public Way in order to install, repair, or remove utilities or install or realign a driveway with the possibility of removing curbing and/or fencing. It is desirable that persons working in or under a Public Way have the necessary skills to perform this work in a competent manner so that Public Ways are maintained to protect the health and safety of all persons traveling on them. This By-Law is adopted under authority granted by M.G.L. Chapter 40 section 21.

II. Definitions

Awarding Authority: The Board of Selectmen of the Town of Sharon has authority to exercise the powers granted by this By-Law.

Awarding Authority Representative: That municipal officer or employee to whom the Awarding Authority in a writing has delegated some of its powers hereunder so that the process of license granting and administration will proceed expeditiously.

Highway Department: The municipal agency generally responsible for the repair and maintenance of Public ways within the municipality.

License Applicant: Any person or entity in the general contracting business, qualified to do business in the Commonwealth of Massachusetts who wishes to perform Street Opening Work in a Public Way either as a Permit Holder or as agent for one or more Permit Holders.

License Application Fee: An annual $50.00 non-refundable fee payable in cash or by check made payable to the Awarding Authority each time a License Application or renewal is filed.

Licensed Contractor: A contractor who holds a current and valid Public Works Construction License issued by the Awarding Authority.

Permit Holder: an "Applicant" as defined in the Street Opening By-Laws to whom a Street Opening Permit has been granted.

Public Way: Any road, including such appurtenances as berms, curbs, drains, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper lay-out to which the public has access and the Town is responsible for maintaining. Also referred to as a Street.

Public Works Construction License: That license required of certain persons or entities who wish to perform Street Opening Work in Public Ways.

Street Opening Permit: A permit granted pursuant to the Street Opening By-Law conferring permission to do Street Opening Work in a Public Way.

Street Opening Work: Any cutting, excavating, compacting, construction, repair or other disturbance in or under a Public Way together with restoration of the Public Way in accordance with the Street Opening By-Law following such disturbance, but excluding the location or relocation of utility poles for which a grant of location has been obtained pursuant to M.G.L. Chapter 166 section 27.

Violation: The failure of the Licensed Contractor, its employees, agents and subcontractors to (i) comply fully with any or all provisions of this By-Law, the Street Opening By-Law, and any Street Opening Permits or supplemental instructions, the Town's General By-Laws or other applicable law, or (ii) to keep its Certificate of Insurance in full force and effect.

III. General

No person or entity may become a Licensed Contractor unless it shall:

1. be in the general contracting business, and

2. be qualified to do business in the Commonwealth, and

3. be qualified, in the reasonable judgment of the Awarding Authority, by experience, training of personnel, financial resources, and previously demonstrated, satisfactory performance of the entity, and/or those individuals who control it, to perform Street Opening Work in Public Ways in the municipality, and

4. have completed the licensing process described below.

A License Applicant may demonstrate its compliance with (3) above by presenting to the Awarding Authority evidence that it holds a current "Pre-Qualification Rating" issued by the Massachusetts Highway Department pursuant to 720 CMR 5.00 which, in the reasonable judgment of the Awarding Authority, is sufficient in terms of Class of Work, Maximum Capacity Rating and Single Capacity Rating (all as defined in 720 CMR 5.00) to demonstrate sufficient capacity to perform anticipated Street Opening Work. A License Applicant whose Public Works Construction License has been suspended or revoked in the three year period preceding the date of the current application may not demonstrate compliance with (3) above using this method.

Public Works Construction Licenses are valid from the date issued until December 31 of the year in which issued unless sooner suspended or revoked. A Public Works Construction License must be renewed each year.

IV. Application Procedure

The License Applicant shall file on forms designated by the Awarding Authority a completed and signed application at the offices of the Awarding Authority (with a copy delivered to the Highway Department). The License Application shall be accompanied by any and all certificates, certificates of insurance demonstrating compliance with (V) hereafter, and other items specified in the Application or reasonably requested by the Awarding Authority. It shall also be accompanied either by evidence that License Applicant is currently and appropriately "pre-qualified" pursuant to 720 CMR 5.00 or by such evidence of License Applicant's compliance with the provisions of III (3) above as Awarding Authority reasonably may require. The License Application shall also be accompanied by the License Application Fee.

The Highway Department shall promptly review the Application and make written recommendations thereon.

The Awarding Authority shall make a prompt determination on the License Application in accordance with the standards set out in III above.

If the License Application is favorably considered, a Public Works Construction License shall promptly issue. If the License Application is not favorably considered, Awarding Authority shall communicate in writing to License Applicant the reasons its application was not favorably considered. The Awarding Authority may establish streamlined procedures for renewal applications.

V. Insurance

Each Licensed Contractor shall acquire and continually maintain while licensed hereunder liability insurance coverage on all personnel and equipment to be used in the Street Opening Work which insurance is to be with insurance companies licensed to do business in the Commonwealth of Massachusetts and shall contain the following coverages and be in the following minimum amounts:

Commercial General Liability Insurance including operators, independent contractors, complete operations, XCU hazards, broad form property damage and personal injury.
General Aggregate:	$2,000,000.00

Products and complete operations: Aggregate Each occurrence	$2,000,000.00 $1,000,000.00
Personal & Advertising Injury	$1,000,000.00

Automobile Liability Insurance - covers owned, non-owned and hired vehicles
Combined Single Limit	$1,000,000.00
OR
Bodily Injury Liability
Each Person	$500,000.00
Each Accident	$1,000,000.00
Property damage Liability	$250,000.00

Worker's Compensation and Employer's Liability
Bodily Injury by accident	$100,000.00 each accident
Bodily Injury by disease	$500,000.00 policy limit
Bodily Injury by disease	$100,000.00 each employee

The Licensee agrees to maintain at the Licensee's expense all insurance required by law for its employees, including disability, workers compensation and unemployment compensation.

Certificates of Insurance shall provide for at least thirty (30) days' notice to the Awarding Authority of cancellation or material change. The name of the Awarding Authority shall be listed as an additional insured on the Certificate of insurance to be provided by the Applicant. The Awarding Authority is not responsible for any loss or damage whatsoever to the property of the Licensee.

VI. Suspension And Revocation

The Awarding Authority or Representative, if it believes a Violation has occurred, can suspend immediately for up to 21 days a Public Works Construction License by communicating such suspension to Licensed Contractor or any of its representatives at the job site.

The Awarding Authority may revoke a Public Works Construction License granted hereunder after notice and hearing if it shall reasonably determine that a violation of this By-Law has occurred. Licensed Contractor shall be given not less than five days prior written notice of the time and place of the hearing and shall have the opportunity at the hearing to present evidence. No License Applicant may re-apply for a Public Works Construction License during the twelve month period following a revocation. Any person aggrieved by the decision of the Awarding Authority may appeal such decision to the appropriate court of competent jurisdiction.

APPLICATION FOR A PUBLIC WORKS CONSTRUCTION LICENSE

Applicant's Name

Applicant's Address

Applicant's Telephone No

As part of this Application, Applicant: submits the names of six references, details its prior experience and lists the equipment that it has available to do Street Opening Work, and submits a Certificate of Insurance showing liability coverages in the required amounts.

Applicant certifies that it has complied with all the laws of the Commonwealth of Massachusetts relating to the filing of all State tax returns and payment of all state taxes required under said laws.

Applicant, by its signature in the space provided below, acknowledging the benefit conveyed to Applicant by the receipt of the Public Works Construction License, hereby covenants and agrees with the City/Town to defend, indemnify and hold harmless the City/Town, Awarding Authority and all of its officers, employees and agents of and from any and all claims, demands, suits or other proceedings and from any and all liabilities arising or claimed to have arisen out of, or to be in any way related to: (i) this Application, (ii) any Street Opening Work as defined in the Public Works Construction License By-Law or (iii) any action or failure to act by Applicant, its officers, employees, agents or contractors in connection with any work performed or failed to be performed by or on behalf of Applicant in or under any Public Way in the City/Town.

_____________________________________ ________________

Signature of Applicant Date

_____________________________________________________________________

Date Application Received:_____________

Application complete?__________Missing__________________________________

Determination of Awarding Authority______________________________________

Date License Issued______________________________ Expiration date___________________________

First Renewal Issued___________________________ Expiration date_____________________________

Second Renewal Issued_____________________________ Expiration date______________________________

_________________________________________

Signature of Awarding Authority

EXPERIENCE AND EQUIPMENT SHEET- APPENDIX TO APPLICATION FOR PUBLIC WORKS CONSTRUCTION LICENSE .

REFERENCES: _________________________________________________________

(Name, Address __________________________________________________________

and Telephone) __________________________________________________________

___________________________________________________________

PAST __________________________________________________________

EXPERIENCE__________________________________________________________

__________________________________________________________

___________________________________________________________

EQUIPMENT __________________________________________________________

___________________________________________________________

_____________________________

Name of Applicant

_____________________________

Signature of Applicant

CERTIFICATION OF APPLICANT'S AGENT

APPENDIX TO APPLICATION FOR STREET OPENING PERMIT

I,_____________________________________,_________________________,

Name Title

of_______________________________________________________________

Name of Company

certify under the penalties of perjury that:

1. I have authority to file this Application for a Street Opening Permit on behalf of the Applicant.

2. Applicant's federal tax I.D. Number is ____________________.

3. If an out-of-state Applicant, a resident agent in the Commonwealth of Massachusetts must be appointed for service of process. The name and address of the Applicant's resident agent is: ____________________________________________________________

___________________________________________________________________

_______________________

Date

_______________________

Agent's Signature

________________________

Address of Agent

_________________________

Telephone Number

STREET OPENING BY-LAW ATTACHMENT- FEE SCHEDULE


Application Fee	$50

Inspectional services after Normal Working Hours	$50.00 per hour

Nominal Schedule of Refundable Deposits for Street Opening Work in Public Ways
To open to center of Public Way	$300.00 each opening
To open across the Public Way	$600.00 each opening
To open to center of state highway	$1,500.00 each opening
To open across a state highway	$2,000.00 each opening
To open trench in unpaved shoulder (parallel to street)	$10.00 per linear foot
To open trench in paved Public Way (Parallel to street)	$25.00 per linear foot
Curb cut for a private driveway	$200.00
Curb cut for a subdivision street	$500.00
Newly Paved Roads (Infra-Red or equivalent)
To center of Public Way	$700.00
Across the Public Way	$1,400
To open a sidewalk (includes 3 sq. yds.) Bituminous concrete sidewalk	$300.00
Concrete sidewalk	$600.00
To excavate a sidewalk (over 3 sq. yds.) Bituminous concrete sidewalk	$15.00 per sq. yd.
Concrete sidewalk	$25.00 per sq. yd

Note: The actual amount of each Refundable Deposit shall be reasonably determined by the Awarding Authority to be sufficient to secure Applicant's performance under this By-Law.