Utility Layer ($5,000) Bond - City of Marlborough, MA in Massachusetts

Brief Summary

Marlborough only issues street opening licenses from April 1 through November 30, so a utility contractor who waits until late fall to get bonded can lose the season. The $5,000 bond is one of the items the Commissioner of Public Works needs before granting the license, and a surety bond covers it for the cost of a premium.

Chapter 551 of the Marlborough City Code requires a written license from the Commissioner of Public Works before anyone opens, occupies or obstructs a public way to install or repair a utility or cut a driveway or roadway curb. The licensee posts a bond with the City of Marlborough guaranteeing compliance with city ordinances, proper fencing and lighting of the excavation, safe passage for pedestrians and restoration of the street. Section 551-13 leaves the penal sum to the City Council, and this page covers the $5,000 utility layer bond.

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How to Apply for a Utility Layer ($5,000) Bond:

• Legal business name exactly as it will appear on the Marlborough DPW license.
• Owner name and home address for the surety's credit review.
• Complete the bond application and review the quoted premium.
• Pay the premium and receive the signed $5,000 bond naming the City of Marlborough.
• Submit the bond with the license application to the Commissioner of Public Works.
• Pay the $10 license fee under Section 551-3.

Detailed Information About the Massachusetts Utility Layer ($5,000) Bond:

Licenses are seasonal

Section 551-4 allows licenses to be issued only from April 1 through and including November 30. No license is issued from December 1 through March 31 except in an emergency. If you plan to work early in the spring, have the bond ready before April 1.

Who needs the license

Section 551-2 covers anyone who wants to open, occupy, obstruct, encumber or use part of a public way for the installation or repair of a utility, a driveway curb cut or a roadway curb cut. The Commissioner of Public Works grants the license in writing on a prescribed form, and the license states the time, place, size and use of the opening and when the street must be restored. The license fee under Section 551-3 is $10.

The Department of Public Works keeps a list of licensed utility installers by category, with separate columns for sewer, water and drain installers.

What the bond guarantees

The bond runs to the City of Marlborough and is conditioned on the licensee:

• Following the statutes and city ordinances that apply to the work
• Fencing the excavation while work is under way
• Lighting the site at night
• Keeping safe passage for pedestrians
• Restoring the street to the satisfaction of the Commissioner of Public Works

Section 551-13 states that the penal sum is prescribed by the City Council, and the Council may add further conditions over time.

Responsibility lasts three years

Under Section 551-8 the licensee stays responsible for damage resulting from the opening or obstruction for three years. Section 551-11 also bars the Commissioner from licensing anyone who violated the conditions of a street opening license within the prior year.

Before the bond is issued

The DPW publishes its Street Opening, Trench and Licensure Requirements, including its regulations for licensure and street openings, sewer and water regulations and trench details. Confirm the current bond form and filing steps with the Marlborough Department of Public Works before the bond is issued. The surety prices the bond after reviewing the owner's credit and the business history.

Eligibility and Requirements for a Massachusetts Utility Layer ($5,000) Bond:

• City of Marlborough named as obligee.
• Bond conditioned on ordinance compliance, fencing, night lighting, pedestrian safety and street restoration.
• Penal sum as prescribed by the City Council under Section 551-13.
• Licenses issued only from April 1 through November 30 except in an emergency.
• No violation of a prior street opening license within the past year, per Section 551-11.

Massachusetts Utility Layer ($5,000) Bond FAQs:

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