[HISTORY: Adopted by the Town Meeting of the Town of Foxborough Art. V, § 15(A)(II), of the General Bylaws. Amendments noted where applicable.]
Streets and ways — See Ch. 235.
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.
No person or entity may become a licensed contractor unless it shall:
Be in the general contracting business; and
Be qualified to do business in the Commonwealth; and
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
Have completed the licensing process described below.
A license applicant may demonstrate its compliance with § 104-2C 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 § 104-2C 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.
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 § 104-6 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 § 104-2C above as the 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 § 104-2 above.
If the license application is favorably considered, a public works construction license shall promptly be issued. 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.
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:
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.
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.
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.