The following requirements are established under the purview of these
regulations.
The Department of Public Works shall levy charges and fees based on
the most current schedule of fees approved by the Town Manager. The fees shall
be charged for obtaining contractor licenses, excavation or construction permits,
and for infrared patch treatments contracted for by the Town. The Director
may waive the payment of fees in those instances when it is determined that
doing so is in the public interest.
Prior to the issuance of a permit, the applicant shall deposit with
the Department a satisfactory bond in the name of the Town of Barnstable from
a surety company authorized to do business in the Commonwealth of Massachusetts
(or alternatively a certified check payable to the Town of Barnstable) in
an amount and form as shall be determined by the Director. The bond shall
be conditioned substantially that the permittee shall guarantee the faithful
and satisfactory performance of the work in all respects, and shall replace
or restore that portion of any public place in which said applicant, his/her
employees or agents shall disturb. The amount of the bond shall be computed
on the basis of cost estimated by the Director to be sufficient to make proper
restoration or repairs and shall be established separately for each permit
so that the Town will be protected against loss in the event of the failure
of the permit holder to complete the work or make required repairs or restoration
of damages involving work or encroachment authorized by the permit. The Director
shall advise the applicant as to the amount of the bond required immediately
upon preliminary approval of the application. All bonds shall be written so
as to allow the Town without further recourse, to instruct the Department
to perform work deemed necessary by the Director to correct any deficiencies
and all costs incurred by the Town shall be applied against the bond if they
are not recovered within 30 days following the permittee's receipt of
a bill from the Town, state and federal agencies are exempt from this requirement
when they are the permit applicant.
A.
An applicant or his/her agent who is to do the work shall
provide the Department, prior to issuance of a final permit, proof of insurance
coverage including automobile, property damage liability, bodily injury liability
issued by an insurance company authorized to issue such insurance in Massachusetts,
and if appropriate, workmen's compensation insurance as follows:
B.
The permittee shall supply at the time of filing of the
application certified documents from his insurer confirming present coverage
in the following insurance categories:
(1)
Workmen's compensation. Statutory limits as provided
by Massachusetts General Laws, Chapter 152, with minimum limit of $1,000,000.
(2)
Public liability insurance. The permittee shall maintain
during the life of the permit public liability in the amount not less than
$1,000,000 for injuries, including wrongful death, to any one person, and,
subject to the same limits for each person, is an amount not less than $2,000,000
on account of one accident.
(3)
Property damage insurance shall be in the amount not
less than $500,000 for each accident and not less than $1,000,000 aggregate.
C.
The permittee shall furnish evidence to the Director
that, with respect to the operations performed for them by subcontractors,
they carry in their own behalf, regular permittee's protective public
liability insurance providing for a limit of not less than $1,000,000 for
all damages arising out of bodily injuries to or death of $2,500,000 for all
damages arising out of bodily injuries or death of two or more persons in
any one accident, and regular permittee's protective property damage
liability insurance providing a limit of not less than $1,000,000 for all
damages arising out of injury to or destruction of property in any one accident
and subject to that limit per accident of total (or aggregate) limit of $5,000,000
unless limits are stipulated in the special provisions for all damages arising
out of injury to or destruction of property during the policy period.
D.
The aforementioned insurance coverage shall remain in
full force and effectiveness throughout the period of the permit. Similar
insurance coverage shall be provided by or for or in behalf of any subcontractor
to cover their operations with the same minimum limits as required of the
permittee.
E.
The Director may, at his discretion, require increased
limits for property damage. The policy shall name the Town of Barnstable as
a co-insured and must be issued by an insurance company authorized to issue
such insurance in Massachusetts. The period of insurance coverage must extend
through the guaranteed period of the permit. Cancellation of insurance endorsement
automatically cancels the permit.
A.
Performing nonemergency work without permit. Any person,
or partnership, association, corporation, political/legal subdivision, or
organization of any kind including utility companies who perform nonemergency
excavation work without a permit or who continues to perform excavation work
of any kind after a permit has expired shall be fined $200 a day until a permit
or permit extension has been approved.
B.
Failure to obtain permit within one day following emergency
work. Any person who performs emergency work and fails to apply for a permit
within one working day following start of the work shall be fined $200 a day
until a permit has been applied for and approved.
C.
Unjustified emergencies. Anyone who performs work without
a permit on the basis that it is an emergency and subsequent documentation
as required in these regulations fails to justify the emergency shall be fined
$200 a day until a permit has been applied for and approved.
