Section 13. Public Works Construction 16-13
Section 13. Public Works Construction 16-13 Subsection 1. 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 MGL Chapter 40 section 21. Subsection 2. Definitions Awarding Authority – The Select Board of the Town of Canton has authority to exercise the powers granted by this By-Law. Awarding Authority Representative – That municipal officer or employee, if any, to whom the Awarding Authority has, in writing, delegated some of its powers hereunder so that the process of license granting and administration will proceed expeditiously. Department of Public Works – The municipal agency generally responsible for the repair and maintenance of Public ways with 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-Law 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 public right-of-way to which the public has access and the Town is responsible for maintaining. Also referred to as a Street. 16-13 Inserted under article 38, ATM April 27, 1998. 124 Public Works Contractors 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 MGL 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. Subsection 3. 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 Department of Public Works 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 Contractors 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 Contractors Construction Licenses are valid from the date issued until December 31 of the year in which issued unless sooner suspended or 125 revoked. A Public Works Contractors Construction License must be renewed each year. Subsection 4. 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 Department of Public Works). The License Application shall be accompanied by any and all certificates, certificates of insurance demonstrating compliance with (5) 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 (3), above, as Awarding Authority reasonably may require. The License Application shall also be accompanied by the License Application Fee. The Department of Public Works 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 (3) above. If the License Application is favorably considered, a Public Works Contractors Construction License shall be promptly issued. If the License Application is not favorably considered, the 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. Subsection 5. Insurance 16-13-5 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/Complete Operations: Aggregate $2,000,000.00 Each occurrence $1,000,000.00 Personal & Advertising Injury $1,000,000.00 16-13-5 As amended under article 47, ATM May 5, 1999. 126 Automobile Liability Insurance – Covers owned, non-owned and hired vehicles. Bodily Injury $500,000.00 each person $1,000,000.00 each accident Property Damage Liability $250,000.00 Workers Compensation and Employer Liability Bodily Injury By Accident $100,000.00 Bodily Injury By Disease $500,000.00 Bodily Injury By Disease $100,000.00 Each licensed Contractor 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 the by the Applicant. The Awarding Authority is not responsible for any loss or damage whatsoever to the property of the Lincensee. Evidence of such insurance shall be supplied to the town at least once in each calendar year and as may be otherwise required by the Awarding Authority. Subsection 6. Suspension and Revocation The Awarding Authority or Awarding Authority Representative, if it believes a Violation has occurred, can suspend immediately for up to 21 days a Public Works contractors 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 Contractors Construction License granted hereunder after notice and hearing if it shall reasonable determine that a violation of this By-Law has occurred. A 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 Public Works Contractor whose license has been revoked may re-apply for a Public Works Contractors 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. 127 APPLICATION FOR A PUBLIC WORKS CONTRACTORS 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 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 Contractors Construction License, hereby covenants and agrees with the Town of Canton to defend, indemnify and hold harmless the Town of Canton, its Select Board (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 Contractors 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 Town of Canton. Signature of Applicant Date: __________________ (for office use) 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 ___________________ Third Renewal Issued _________________ Expiration Date ___________________ Signature of Awarding Authority 128 EXPERIENCE AND EQUIPMENT SHEET APPENDIX TO APPLICATION FOR A PUBLIC WORKS CONTRACTORS CONSTRUCTION LICENSE REFERENCES: (Name Address Telephone) PAST EXPERIENCE: EQUIPMENT: Name of Applicant ___________________________________________ Signature of Applicant ___________________________________________ 129