(A) No person, firm or corporation shall, as contractor or otherwise, engage in the work of constructing, laying, relaying or repairing sidewalks, driveway aprons, curbs or combined curbs and gutters upon the public highways and streets of the town until licensed by the Legislative Council, or its designated agent, in accordance with the provisions hereof. License as a sidewalk, driveway apron and curb contractor may be issued to any person, firm or corporation upon satisfactory evidence that the applicant is fully responsible, suitable and competent for such purpose and has agreed in writing to comply with the provisions of §§ 96.01 to 96.08, inclusive, and the rules and regulations as may be adopted hereunder.
(B) Prior to issuance of a license as a sidewalk, driveway apron or curb contractor, each applicant shall file with the Legislative Council or its designated agent evidence of insurance coverage of not less than $1,000,000 per occurrence/$2,000,000 aggregate liability and property damage and a satisfactory bond of a surety company acceptable to the Council, in the sum of $10,000 conditioned that:
(1) The applicant shall indemnify and save harmless the town of and from any and all claims and actions of every kind and description that may be brought against the town, for or on account of any injuries or damages received or sustained by any person caused by, or resulting from, the construction or repair of a sidewalk, driveway apron, curb or combined curb and gutter by the applicant, his servants, agents or employees, or of or from any act or omission in performing the work;
(2) The applicant shall fully perform the work in accordance with the provisions hereof and shall replace and restore that portion of any highway or street in which the applicant, his servants, agents or employees shall make any excavation in a manner and condition acceptable and satisfactory to the Legislative Council, or its designated agent;
(3) The applicant shall comply in all respects with any rules and regulations adopted pursuant to the provisions hereof and with the terms of the permit issued to him; and
(4) Shall pay all fines imposed upon him for violating any provision hereof. Each application shall state the location of applicant's place of business, the trade name of the business and shall contain such other information as the council, or its designated agent, may require.
(C) The applicant shall give personal attention to the work to be done under any permit issued to him hereunder and shall employ in the performance of the work competent and responsible persons.
(E) All licenses shall expire on December 31, next following their date of issuance, unless sooner revoked. Upon violation of any ordinance, or rule or regulation adopted hereunder, any license may be suspended or revoked upon such terms and for the period as the Legislative Council, or its designated agent, may fix. The fee for each license shall be $100 and the license shall not be transferable.
(F) Neither issuance of the license by the Legislative Council, or its designated agent, nor the establishment of specified design, specifications or workmanship by the town engineer confers any liability upon the town, or agency or department thereof, for the sufficiency or durability of the work, nor does the town in any manner guarantee workmanship performed under the license, nor does the issuance of the license or the establishment of the designs and specifications invalidate the legal obligations of the property owner to construct, reconstruct, and maintain sidewalks, driveway aprons and curbs in a manner satisfactory to the Legislative Council.
(Adopted 4-24-68; Am. Ord. 312, passed 1-7-91; Am. Ord. 590, passed 6-7-10) Penalty, see § 96.99 (A)