3.3.203:  APPLICATION FOR LICENSE; FEES; TERM; BOND AND INSURANCE REQUIREMENTS; SUSPENSION OR REVOCATION:
   A.   Requirements: Any person desiring an excavation license shall submit an application on forms provided by the City Clerk's Office in accord with the City's General Licensing Code. All applications for an excavation license shall contain those matters required by section 2.1.403 of the City Code. The license shall be issued by the City Clerk upon payment of all application and license fees, submission of a certificate of completion indicating successful completion of the City’s Underground Damage Prevention Safety Class, and compliance with the provisions of this part and the General Licensing Code. Fees for excavation licenses shall be as established by City Council under chapter 2, article 1, part 5 of the City Code. All excavation licenses issued shall, unless sooner suspended or revoked, expire one year from the date of issuance. A license may be renewed no later than thirty (30) days after the expiration upon payment of the required fees. The City Clerk shall keep a record of all licenses issued.
   B.   Surety Bond: Before an excavation license is issued, the applicant shall file with the City Clerk a five thousand dollar ($5,000.00) surety bond in a form approved by the City Attorney. The bond shall ensure that the excavator will properly backfill and maintain any excavation made by the excavator for a period of one year and that the excavator shall promptly pay for any charges billed to the excavator by the City for permanent resurfacing of the excavation, replacement of traffic detector loops or pavement markings or other work necessary to restore the public property.
   C.   Proof Of Insurance: No license shall be issued or renewed until the applicant furnishes evidence of current commercial general liability insurance. The following insurance coverage shall require limits not less than those specified in the name of the licensee:
One million dollars ($1,000,000.00) combined single limit for bodily injury and property damage for each occurrence.
   D.   Reduction Or Cancellation Of Policy; Notification Required; Suspension: Each insurance policy required shall not be reduced, suspended, voided or canceled except after prior written notice has been given to the City. Such notice shall be sent directly to the Deputy Licensing Officer, City Clerk's Office, 30 S. Nevada Avenue, Suite 101, Colorado Springs, CO 80903. If any insurance company refuses to provide the required notice, the licensee or its insurance broker shall notify the City of any reduction, suspension, voiding, cancellation, or nonrenewal of any insurance upon receipt of an insurer's notification to that effect. The suspension, voiding, nonrenewal, cancellation or reduction of insurance coverage shall be cause for automatic suspension of the license until the coverage shall be reinstated. All policies shall be kept in force and effect for the term of the license.
   E.   Stop Work Orders; License Suspension Or Revocation:
      1.   In addition to any other remedies or actions permitted by law, the City Engineer may order an excavator to stop work if the following conditions are observed:
         a.   The excavator fails to obtain a location and injures or damages persons or property;
         b.   The excavator fails to place and maintain barriers, warning devices or routing signs necessary for safety as specified by the "Manual On Uniform Traffic Control Devices (MUTCD)";
         c.   The excavator's conduct constitutes an immediate hazard to the public health, safety and general welfare sufficient to rise to the level of an emergency.
      2.   In addition to any other remedies or actions permitted by law, the Deputy Licensing Officer may issue cease and desist orders or initiate license suspension or revocation proceedings under the provisions of chapter 2, article 1, part 8 of the City Code against any excavator for a violation of the provisions of this chapter or of the City's General Licensing Code. (1968 Code §§10-105, 10-106; Ord. 74-56; Ord. 85-214; Ord. 01-42; Ord. 14-80; Ord. 20-69 1 )

 

Notes

1
1. January 1, 2021 is the effective date of Ordinance 20-69.