Draft 10/11/2012
CITY OF HOLYOKE
STANDARD POLICY for
ROAD OPENING PERMITS
Purpose and Scope
A Road Opening Permit is granted under the condition that the Contractor/Permittee, after excavating in any city street or public way, restores such street or public way, to a condition satisfactory to the Superintendent of Public Works. The Contractor/Permittee shall warranty the work, and shall at his own expense, correct or repair any failures. In cases of non-compliance, the Contractor/Permittee agrees to reimburse the City of Holyoke for any and all expenses incurred in repairing said street or public way.
APPLICATION ProcedurES
No work in a street or public way can commence until an applicant has applied for and obtained a Road Opening Permit and a Trench Permit. Applications for permits must be accompanied by any and all Bonds or Refundable Deposit, Certified Check, payment of Permit Fee, Certificates of Insurance, and other items specified.An Applicant shall file completed applications at the Holyoke Department of Public Works each time road opening work is to be performed.
APPLICATION Requirements
The Superintendent of Public Works will direct the methods and materials to be used for the street opening repair. All applications require current “Dig Safe” notification, and separate notification to the Holyoke Water Department (413-536-0262) and the Gas Division of the Holyoke Gas and Electric (413-536-9300) relative to the location of structures, lines, and valve boxes and United Water (413-534-2222) relative to the location of the municipal sanitary /combined sewer / stormwater collection system.
SURETY REQUIREMENTS
To guarantee proper replacement of an excavated road surface, prior to issuance of a permit, applicants shall be required to deposit with the City, a Performance Bond or Refundable Certified Check in an amount as shall be determined by the Superintendent of Public Works.
(This amount needs to be determined. Could be $ per SF or a set amount)
PERFORMANCE BOND
A Performance Bond shall be in a form satisfactory to the City Holyoke by a surety company incorporated pursuant to Massachusetts General Law (M.G.L.) Chapter 175; Section 105. The name of the agency or agent writing the bond shall be identified within the Bond. The bond amount shall be established separately for each permit so that the City will be protected against loss in the event of the failure of the permit holder to complete the work or reimburse the City for restoration involving the work authorized by the permit. Upon the expiration of the one year warranty period for the approved permanent road repair the bond shall be released to the permit holder.
An annual blanket bond, (of $10,000 dollars) or an amount acceptable to the Superintendent of Public Works may be deposited to avoid the inconvenience and expense of obtaining individual bonds for each Road Opening Permit requested.
Refundable Deposit
If a Performance Bond is not available an Applicant may choose to provide to the City a Refundable Deposit guarantee to secure proper restoration of a street or public way after street opening work. All Refundable Deposits shall be held by the City.The amount of the Refundable Deposit will be determined in the reasonable judgment of the Superintendent of Public Works. Upon the expiration of the one year warranty period for the approved permanent road repair the refundable deposit shall be released to the permit holder.
INSURANCE REQUIREMENTS
An applicant for a permit to work within any City streets, or public way or lands shall furnish to the City certificates of minimum insurance prior to the issuance of the permit. Standard minimum insurance requirements are listed.
General Liability:
Includes: Each Occurrence - $1,000,000
Comprehensive Form Aggregate - $2,000,000
Premises/Operations
Underground Explosion Collapse
Products/Completed Operations
Independent Contractors
Broad Form Property Damage
Personal Injury
Automobile Liability:
Includes: Bodily Injury & $1,000,000
All Owned Vehicles Property Damage
Hired Vehicles Combined
Non-owned Vehicles
Workers Compensation & Employers Liability:
As required by State of Each Accident: $100,000
Massachusetts
Bodily Injury by $500,000
Disease (Policy Limit)
Bodily Injury by $100,000
Disease (Each Employee)
INDEMNIFICATION
The Applicant agrees as a condition governing the issuance of a permit, that they shall indemnify and save harmless the City of Holyoke, the Superintendent of Public Works, and his agents and all employees against any and all suits, claims or liability of every name and nature arising at any time out of or in consequence of the acts of the grantee in the performance of the work covered by the permit and or failure to comply with the terms and conditions of the permit whether by themselves, their employees or subcontractors.
PROTECTIVE MEASURES
The Contractor/Permittee is responsible for protection of the roadway and any private property encompassing the excavated areas. Restoration of property damaged or disturbed by the Contractor/Permittee must be performed as soon as is practical.
TRAFFIC CONTROL
The Contractor/Permittee shall take appropriate measures to ensure that normal traffic conditions are maintained at all times. The Contractor/Permittee shall supply all necessary signs, lights, cones, barricades, and uniformed traffic police officers to maintain safe traffic control. At least one (1) lane of traffic shall be kept open at all times unless otherwise approved by the Superintendent. No trench/excavation shall be left open overnight and no material or equipment shall be left within the traveled way overnight.
Erosion Control
The Contractor/Permittee shall provide immediate permanent or temporary erosion control measures to prevent erosion and sediment conveyance to the street, adjacent properties and storm water conveyance structures. If, after notice by the Superintendent of Public Works or the City Engineer to correct a violation of these erosion control guidelines or the Erosion and Sediment Control Ordinance of the City of Holyoke, satisfactory corrections are not made by the Contractor/Permittee within 48 hours after receipt of such notice, the City may perform all necessary work to place the Work Area in conformance. All costs associated with making these corrections shall be deducted from the Contractor/Permittee’s Bond or Refundable Deposit.
OIL AND HAZARDOUS MATERIAL SPILL PREVENTION
Measures must be taken by the Contractor/Permittee to prevent spills and leaks of oils, fluids and other hazardous materials. Preventive measures include properly maintaining construction equipment. Contractor personnel must be instructed in proper waste handling procedures. Spills or leaks of oil, fluids, or hazardous materials must be reported to the Holyoke Department of Public Works and MA DEP in accordance with the reportable quantities criteria.
PROMPT COMPLETION OF WORK
After a road opening trench/excavation has commenced, the Contractor/Permittee shall prosecute with diligence and expedite completion of the work, and shall promptly complete such work as specified herein. The Contractor/Permittee shall perform such work so as not to obstruct, impede, or create a safety hazard to either pedestrian or vehicular traffic.
faulty Contractor/Permittee work
If the Contractor/Permittee does any substandard work or any work contrary to City Standards and, after being notified fails to correct such work, the City may seize the bond and/or cash deposit to pay to correct or complete such work, and the Contractor/Permittee shall be liable for all costs incurred. In addition, the Superintendent may suspend or revoke the Applicant's Permit in the event of substandard work that is not corrected, and may withhold approval of future permit applications and suspend or revoke the Contractor/Permittee’s ability to perform other road openings or trench excavation work within the City.
INSPECTIONS
The City shall make such inspections as are reasonably necessary in the enforcement of these regulations. The City shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary.
warranty of integrity of ROAD repair
The Contractor/Permittee shall warranty the integrity of the road repair for twelve (12) months from the time it is permanently resurfaced. It is the responsibility of the Contractor/Permittee to notify the City in writing that the permanent patch has been installed. During the warranty period, the Contractor/Permittee shall be responsible for the maintenance, restoration, and repair, of any deficiencies in workmanship and materials and shall make all repairs caused by settling, heaving, or cracking. If the Contractor/Permittee fails in maintaining the road repair during the warranty period and the DPW is required to make repairs, the cost of said repairs shall be deducted from the bond / deposit to cover any City expenditure for the repairs. The remaining balance of the bond / deposit will be the amount returned to the Contractor/Permittee.
release of deposit
Before the contractor’s bond or deposit is released, the DPW will make a final inspection of the permanent road repair. If the permanent road repair work has remained in satisfactory condition until the end of the warranty period and the Contractor/Permittee has no other uncured defaults under Road Opening Permits, the City shall release the unexpended balance of the bond or deposit serving as security for the Road Opening Permit.
EXCAVATION AND TRENCH SAFETY/GENERAL LAWS OF MASSACHUSETTS
The Contractor/Permittee’s attention is directed to the new requirements established by M.G.L. Chap 82A pertaining to excavations and trench safety. A Trench Permit Pursuant to M.G.L. c. 82A §1 and 520 CMR 7.00 et seq. (as amended) is required prior to any excavation. To obtain a permit, the excavator must submit a completed application; a certificate of insurance indicating general liability coverage stated above or evidence of self-insurance in an equal amount (pursuant to M.G.L. c. 82A, §2); and the required fee.The regulations at 520 CMR 14.03(4) requires the excavator to provide the following information on the permit application:
· The Dig Safe number
· Name & contact information for the permit applicant/excavator (the person/entity filing for the permit and performing the excavation)
· Permit expiration date (per DPW where applicable)
· Specific location of the trench
· Insurance Certificate Number
· Name and contact information of the insurer
· Policy Expiration Date
· Statements required by M.G.L. c. 82A, §3 relative to the requirement of familiarity with 520 CMR 14.00 and 29 CFR 1926.650 (OSHA).
TRENCH PERMIT APPLICATION
An application for a Trench Permit must be filed with the Superintendent of Public Works before preliminary investigation will be made for a permit issue. Standard Trench Permit application forms may be obtained at the Holyoke Department of Public Works or on the internet at:
http://ci.holyoke.ma.us/index.php?option=com_content&task=view&id=76&Itemid=111
Each application form shall be completely filled out, signed, and delivered to the Department of Public Works. An explanation of the application and a diagram or sketch shall be made showing the location of the work to be done in relation to the outstanding features of the road, such as property lines, intersection, etc., and the character and extent of the work. In addition to a Road Opening Permit Fee, a separate Trench Permit Fee is required for obtaining an approved trench opening permit.
ISSUANCE OF PERMITS
Permits must be signed by the Superintendent of Public Works or his designee before becoming valid. An approved permit shall be issued by the Department of Public Works only after the application for permits, bonds, insurance and fees have been received in good order. Once issued, the permit must be posted in plain view at the trench worksite.
The Contractor/Permittee is forbidden to commence work without the required approved permits and the Contractor/Permittee has notified the Superintendent of Public Works or his designee at least twenty-four (24) hours in advance of the exact date and hour they propose to begin work.
REVOCATION OF PERMITS
Any permits issued may be revoked by the Superintendent of Public Works or his designee at any time by giving notice to the Contractor/Permittee. Work shall cease and the work area safely secured unless or until the situation is resolved to the satisfaction of the Superintendent.
M.G.L. CHAPTER 82A
Additional information concerning the law can be found on the Massachusetts Public Safety Web Page at: http://www.mass.gov/legis/laws/mgl/gl-82a-toc.htm
CITY OF HOLYOKE
STANDARD POLICY for
ROAD OPENING PERMITS
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