§ 49-200. Requirements for obtaining an excavation license and suspension or revocation of license.

(a)

In addition to the requirements of chapter 32 of the Denver Revised Municipal Code, applicants for excavation licenses shall meet one (1) or more of the following additional requirements:

(1)

Provide proof of being a licensed contractor;

(2)

Provide proof of being a registered engineer; or

(3)

Provide proof, as outlined in the manager's rules and regulations, to the manager of the competence of the applicant to conduct excavation work in the public right-of-way.

(b)

The applicant for a license, except an applicant with a paving contractor license under division 5 of article XVII of chapter 49, shall furnish a bond by some reliable surety company approved by the manager in the sum of fifty thousand dollars ($50,000.00), which bond shall be conditioned on compliance with all requirements, specifications and instructions of the manager and all of the requirements of the Code and ordinances of the city pertaining to street cuts, including the payment of all fees, penalties or cost of repairs.

(c)

The applicant for a license shall provide a certificate of insurance naming the city as an additional insured affording the following coverage:

General Liability

Coverage	Minimum limits of liability
Commercial General Liability (coverage at least as broad as that provided by ISO form CG0001 1/96 or equivalent)	Each Occurrence: $1,000,000
	General aggregate limit: $2,000,000
	Products-completed operations aggregate limit: $2,000,000
	Personal and advertising injury: $1,000,000
	Fire damage (any one fire): $50,000

 

This insurance shall include coverage for collapse and underground (CU) hazard, explosions (X) coverage, and contractual liability.

Automobile Liability

Coverage	Minimum limits of liability
Business automobile liability (coverage at least as broad as ISO form CA 0001 12/93)	Combined single limit: $1,000,000

 

This insurance shall include coverage for owned, nonowned and hired vehicles. The manager may accept satisfactory evidence of self-insurance in lieu of the above coverage. The above-referenced certificate shall show the insurance will not be canceled without thirty (30) days written notice to the manager.

(d)

Suspension or revocation of license. The manager may suspend or revoke a license when the licensee commits one (1) or more of the following acts or omissions:

(1)

Fails to comply with the responsibilities as outlined in the Roadway Excavation Specifications and/or the provisions as outlined in article VIII, chapter 49 of the Denver Revised Municipal Code.

(2)

Conspires with any person to permit a license to be used by another person.

(3)

Willfully violates or disregards any of the provisions of the Code.

(4)

Creates, as a result of work performed, an unsafe condition.

(5)

Fails to obey orders in a timely fashion.

(6)

Fails to obey a stop work order.

(e)

Procedure for revocation or suspension of license. When any of the acts or omissions outlined in subsection (d) above are committed by a license holder, and the manager deems that the license shall be suspended or revoked, the action shall be as follows:

(1)

The department shall notify the licensee in writing by certified mail or personal service at least seven (7) days prior to suspension or revocation.

(2)

Upon receipt of the notice, the licensee may request a hearing to show cause why the license should not be suspended or revoked. This request shall be in writing to the department within thirty (30) days after the notice is mailed.

(3)

If a hearing is requested by the licensee, the manager shall set a time, date and place, and so notify the licensee. Suspension or revocation of the license shall be stayed until after the hearing.

(4)

When a hearing is conducted, the licensee, the department and other interested parties may attend. Upon completion of the hearing, the manager shall take all evidence available as a result of the department's investigation and all evidence presented at the hearing under advisement, and shall notify the licensee in writing of the findings and decision, including length of suspension or revocation if any, by certified mail or personal service.

(f)

Emergency suspension. If the manager finds that cause exists for emergency suspension or revocation of a license, he may enter an order for the immediate suspension of the license, pending further investigation. The licensee may, upon notice of the suspension, request an immediate hearing before the manager. The suspension or revocation is not stayed while the hearing is pending.

(g)

Time of suspension or revocation. Time of suspension may be up to one (1) year. Time of revocation may be from one (1) year to five (5) years.

(h)

Delegation of authority. The manager may appoint a qualified member of the department to sit in his stead as hearing officer to conduct the hearing. Final decision shall be rendered by the manager.

(i)

Appeal rights. Any person who disputes a license suspension or revocation, suspension or revocation of a street cut permit, or any other actions of the city pursuant to this article, may appeal the decision as outlined in section 56-106 of the Denver Revised Municipal Code. The appeal shall stay all orders pending the decision on the appeal, unless an emergency suspension as outlined in section 49-200(f). The permittee shall be responsible for all costs of corrections as required as a result of the appeal.

(j)

Appeal. An appeal of a decision rendered under section 56-106 of the Revised Municipal Code shall be in accordance with Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(Ord. No. 492-91, § 1, 7-1-91; Ord. No. 505-00, § 2, 6-26-00)