Surety Bond Encyclopedia

Right of Way ($10,000) Bond - Town of Watertown, MA in Massachusetts

Brief Summary

Watertown will not issue a street opening permit until the $10,000 bond is in the DPW's hands, and the bond has to stay in force for two years after the work is done. A surety bond covers that full stretch for a modest premium, instead of $10,000 of your cash sitting with the City Treasurer long after the job is paid.

Watertown requires a bond of not less than $10,000 before it issues any permit to open, dig up or obstruct a street, sidewalk or public way, under City Code Section 96.06. The DPW sets the bond at $10,000, held by the City Treasurer for at least two years past the estimated completion date. The contractor doing the work must pull the permit and post the bond. Only public utilities regulated under Mass. General Laws Chapter 164 are exempt.

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How to Apply for a Right of Way ($10,000) Bond:

Confirm you are the contractor performing the work, since Watertown will not issue the permit to the property owner.
Get a Dig Safe confirmation number for the job.
Obtain a certificate of insurance naming the City of Watertown as additional insured.
Complete the bond application and review the quoted premium.
Pay the premium and receive the executed $10,000 bond with a term of at least two years past the estimated completion date.
Submit the bond and insurance certificate to the Department of Public Works with the street opening permit application and the nonrefundable fee.
Allow 5 to 7 days for processing, including City Treasurer sign-off.

Detailed Information About the Massachusetts Right of Way ($10,000) Bond:

The bond outlasts the permit

This is the part contractors most often get wrong. A Watertown street opening permit is valid for 30 days from issuance unless the permit says otherwise, but Section 96.06(D) of the City Code requires the bond to be held by the City Treasurer for not less than two years past the estimated completion date of the project. The DPW describes it as a $10,000 permit bond valid for two years. Buy it for the full term.

Who needs it

Anyone who opens the surface of, digs up or otherwise obstructs any street, sidewalk or way the City is obligated to keep in repair needs a written permit from the Superintendent of Public Works, and every permit issued under Section 96.06(B) or (C) requires the bond before it is issued. The DPW lists paving driveways and parking lots, crossing a sidewalk with heavy equipment, installing or repairing underground utilities, replacing curbing, resurfacing streets and sidewalks, and storing materials, dumpsters or equipment in the right of way. Dumpsters and PODS placed in a driveway need a permit and the same $10,000 bond because they cross the public way on delivery and pickup.

The contractor performing the work applies, not the property owner. Driveway permits are issued only to the contractor doing the work.

Who is exempt

Only public utilities regulated under Mass. General Laws Chapter 164, which covers gas and electric companies. Section 96.06(G) removes them from the definition of a person subject to the bond. They still need a permit and pay a $25 fee. There is no homeowner exemption, and Section 96.06(F) forbids the Superintendent of Public Works from waiving any permit, fee or bond, under penalty of personal liability.

Amount, fees and paperwork

The code sets the bond at not less than $10,000 as prescribed by the Superintendent, and the DPW requires $10,000. There are no tiers by project size. The general permit fee is not less than $100, and a driveway permit is $25. Both are nonrefundable. You also need a certificate of insurance naming the City as additional insured, and a Dig Safe confirmation number for the work. Applications are routed to the City Treasurer for sign-off, and the Treasurer will not sign off if there are liens against the property. Allow 5 to 7 days for processing.

Eligibility and Requirements for a Massachusetts Right of Way ($10,000) Bond:

Bond of not less than $10,000 under City Code Section 96.06(D), set at $10,000 by the DPW.
Held by the City Treasurer for not less than two years past the estimated completion date.
Nonrefundable permit fee of not less than $100, or $25 for a driveway permit.
Insurance certificate naming the City as additional insured.
Dig Safe confirmation number filed with the application.

Massachusetts Right of Way ($10,000) Bond FAQs:

My permit is only good for 30 days. Why does the bond need two years?

Section 96.06(D) requires the bond to be held for not less than two years past the estimated completion date. That covers failures in the patch or restoration that show up after the job is finished.

Can the homeowner pull the permit instead of me?

No. The DPW requires the contractor performing the work to obtain the permit and post the bond. Driveway permits are issued only to the contractor.

Is anyone exempt?

Only public utilities regulated under Mass. General Laws Chapter 164. Everyone else posts the bond, and the code forbids the Superintendent of Public Works from waiving it.

Do I need the bond just to put a dumpster in a driveway?

Yes. The DPW requires a permit and a $10,000 bond valid for two years for dumpsters and PODS because they cross the public right of way when dropped off and picked up.

Is the amount ever higher than $10,000?

The code sets $10,000 as a minimum as prescribed by the Superintendent of Public Works. The DPW's published requirement is $10,000, with no tiers by project size.

What will the bond cost?

The surety sets the premium based on the $10,000 amount, the two-year term, and your credit and claims history. The City does not set it. Apply to see your actual quote.