[Adopted 4-7-1999]
A.
Be on approved paving contractors list.
B.
Apply for permit to open or occupy street/sidewalk.
A permit to open or occupy street/sidewalk is required for all paving,
excavating, curb cuts, landscaping, retaining wall construction, etc.,
on accepted streets in the Town of Lexington. Effective July 1, 2007,
there shall be a street opening fee of $60 and a street occupancy
permit fee of $50. In order to be issued a street opening permit,
a paving contractor must first be on the Town of Lexington approved
paving contractors list for which there is no additional charge. The
following are the requirements that must be met:
[Amended 6-18-2007]
(1)
Street opening bond of $5,000.
(2)
Certificate of insurance (see Subsection D for limits). The contractor agrees to hold the Town of Lexington harmless for acts of negligence by the contractor and/or his subcontractors.
(3)
Contractor must be approved by Town Engineer. If unknown
to the Engineering staff, contractor must provide three references
showing qualifications to do work.
C.
Contractor's obligation.
(1)
It shall be the sole responsibility of the contractor
to provide the Director of Public Works office with the above documents
and to provide renewals when present insurance has expired. Certificates
and bonds may be faxed but originals must be received by the office.
Permits will not be issued until all the above requirements are met.
(2)
Once on the approved paving list, a contractor must
submit a driveway plan to the Public Works Department at the address
below for approval. A valid Dig Safe Number, including effective date,
for each location is also required. There is a twenty-four-hour waiting
period before a street opening permit will be issued.
D.
Insurance requirements for paving - permit to open
or occupy street.
(1)
Bonding. Street opening bond in the amount of $5,000.
(2)
Insurance requirements. The contractor shall take
out and maintain the following insurance in companies and forms acceptable
to the Town and in adequate amounts, which shall not be less than
hereinafter stated, namely:
(a)
Workers' compensation: as required by the laws
of Massachusetts.
(b)
General liability:
[1]
Bodily injury and property damage liability:
$500,000 each occurrence and $500,000 aggregate, combined single limit
or $500,000/$500,000 with a $500,000 aggregate.
[2]
Coverage to include explosion, collapse and
underground (XCU). This must be specifically referenced on the certificate
of insurance.
[3]
Independent contractors coverage.
[4]
Contractual coverage.
[5]
Completed operations coverage.
[6]
Broad form property damage coverage.
(3)
Certificates of insurance evidencing such insurance
must be submitted to the Director of Public Works office, naming the
Town as the certificate holder and showing the inclusion of the hold
harmless agreement holding the Town of Lexington harmless for the
negligence of the contractor and/or his subcontractors.
(4)
Failure to provide and continue in force such insurance
as aforesaid shall be deemed a material breach of the permit and shall
result in immediate termination thereof.
(5)
All policies shall be written so that the Town will
be notified of cancellation or restrictive amendment at least 30 days
prior to the effective date of such cancellation or change.
