A.
No person shall lay or repair any building sewer, or make any connection
to any wastewater management system, unless such person is duly licensed
by the Town to perform such work.
B.
Licenses to perform such work as a drainlayer will be issued only
to experienced and competent contractors who must make application
therefor on a form which may be obtained from the Commission. Licenses
must be renewed annually on or before January 1 of each year. The
fee for each such license will be set by the Commission.
C.
Every applicant who has been issued a license by the DPW shall submit
a bond in the form approved by the DPW in the amount of $5,000 for
the faithful performance of such work as the applicant may perform
as a drainlayer. In addition, the applicant must submit a certificate
of insurance in the sum of $200,000/$500,000 broad form general public
liability, including coverage for premises operations, independent
contractors, as well as damage from explosion, by collapse of structures,
and to underground pipes, utilities and structures, and $200,000/$500,000
property damage liability. Both the bond and certificates of insurance
shall name the Town of Harvard as a named insured. In addition, a
certificate of insurance of workers' compensation coverage shall be
filed. All of the above certificates and bond shall remain in full
force and effect for the period of the license granted hereunder and
must be renewed and new certificates provided to the DPW upon renewal
of the drainlayer's license. Said insurance shall provide that it
shall save, defend and indemnify the Commissioners and the Town against
any and all claims, liability, loss, expense, action or damage incurred
by the Town, including reasonable attorney's fees, arising out of,
as a result of or in any way connected with, the performance of the
work of the licensee, and for or by reason of any acts or omissions
of said licensee in the performance of its work. The drainlayer shall
comply with any and all applicable Town, state, and federal codes,
rules and regulations.
D.
No licensed drainlayer shall allow its name to be used by any other
person, either for the purpose of obtaining permits, or doing any
work under its license.
E.
Any drainlayer's license granted pursuant hereto shall be subject
to immediate revocation or suspension upon determination by the DPW
of unsatisfactory performance or violation of any law, statute, code
or of these regulations.
F.
Any drainlayer licensed hereunder shall save, defend, indemnify and
hold harmless the members of the Commission and the Town against any
and all claims, liability, loss, expense, action or damage incurred
by the Town, including reasonable attorney's fees, arising out of,
as a result of or in any way connected with, the performance of the
work of the licensee, and for or by reason of any acts or omission
of said licensee in the performance of its work.
G.
Violation of the requirements of these Rules and Regulations shall
be cause for revocation of the drainlayer license.
