[Adopted as Art. 35B of the Town Bylaws]
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 bylaw is adopted under authority granted by MGL c. 40, § 21.
As used in this bylaw, the following terms shall have the meanings indicated:
AWARDING AUTHORITY
The Select Board of the Town of Sharon has authority to exercise the powers granted by this bylaw.
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 nonrefundable fee of $50 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 Bylaw[1] 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 layout 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 Bylaw[2] 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 Bylaw[3] following such disturbance, but excluding the location or relocation of utility poles for which a grant of location has been obtained pursuant to MGL c. 166, § 27.
VIOLATION
The failure of the licensed contractor, its employees, agents and subcontractors to:
A. 
Comply fully with any or all provisions of this bylaw, the Street Opening Bylaw,[4] and any street opening permits or supplemental instructions, the Town's General Bylaws or other applicable law; or
B. 
To keep its certificate of insurance in full force and effect.
[1]
Editor's Note: See Ch. 235, Streets and Sidewalks, Art. III.
[2]
Editor's Note: See Ch. 235, Streets and Sidewalks, Art. III.
[3]
Editor's Note: See Ch. 235, Streets and Sidewalks, Art. III.
[4]
Editor's Note: See Ch. 235, Streets and Sidewalks, Art. III.
A. 
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.
B. 
A license applicant may demonstrate its compliance with Subsection A(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 Subsection A(3) above using this method.
C. 
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.
A. 
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 § 189-17 hereafter, and other items specified in the application or reasonably requested by the awarding authority. It shall also be accompanied either by evidence that the license applicant is currently and appropriately "pre-qualified" pursuant to 720 CMR 5.00 or by such evidence of the license applicant's compliance with the provisions of § 189-15A(3) above as the awarding authority reasonably may require. The license application shall also be accompanied by the license application fee.
B. 
The Highway Department shall promptly review the application and make written recommendations thereon.
C. 
The awarding authority shall make a prompt determination on the license application in accordance with the standards set out in § 189-15 above.
D. 
If the license application is favorably considered, a public works construction license shall promptly issue. If the license application is not favorably considered, the awarding authority shall communicate in writing to the license applicant the reasons its application was not favorably considered. The awarding authority may establish streamlined procedures for renewal applications.
A. 
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:
(1) 
Commercial general liability insurance, including operators, independent contractors, complete operations, XCU hazards, broad-form property damage and personal injury.
(a) 
General aggregate: $2,000,000.
(b) 
Products and complete operations:
[1] 
Aggregate: $2,000,000.
[2] 
Each occurrence: $1,000,000.
(c) 
Personal and advertising injury: $1,000,000.
(2) 
Automobile liability insurance; covers owned, nonowned and hired vehicles.
Combined single limit
$1,000,000
OR
Bodily injury liability
Each person
$500,000
Each accident
$1,000,000
Property damage liability
$250,000
(3) 
Worker's compensation and employer's liability.
(a) 
Bodily injury by accident: $100,000 each accident.
(b) 
Bodily injury by disease: $500,000 policy limit.
(c) 
Bodily injury by disease: $100,000 each employee.
B. 
The licensee agrees to maintain at the licensee's expense all insurance required by law for its employees, including disability, worker's compensation and unemployment compensation.
C. 
Certificates of insurance shall provide for at least 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.
A. 
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 the licensed contractor or any of its representatives at the job site.
B. 
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 bylaw has occurred. The 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 reapply 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.