HomeMy WebLinkAbout180 - 10/20/1998 - AMENDING THE CITY CODE RELATING TO RIGHT-OF-WAY CONTRACTORS LICENSES ORDINANCE NO. 180, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 15, 24 AND 26 OF THE
CODE OF THE CITY OF FORT COLLINS
RELATING TO RIGHT-OF-WAY CONTRACTORS LICENSES
WHEREAS,the City Engineer has prepared and presented to the Council a program known
as the "Choice Streets System" which program is intended to improve the technical standards and
regulatory authorities governing the construction and maintenance of streets and related
infrastructure in the City; and
WHEREAS, the City Engineer has recommended that the current system of licensing
concrete, asphalt and utility contractors be replaced with a more comprehensive licensing system
involving the establishment of an overall license to be known as a "Right-of-Way Contractors
License", which license must be supplemented with an endorsement for the specific type of
construction work proposed to be performed by the contractor; and
WHEREAS,the proposed new program is designed to fully cover the City's administrative
costs in processing the applications and includes a bonding requirement to adequately protect the
City; and
WHEREAS,the proposed new licensing system would consolidate all licensing provisions
into one section of the Code, impose an insurance requirement upon licensed contractors, and
provide for the more uniform and coordinated administration of the licensing system; and
WHEREAS, the Planning and Zoning Board and the Transportation Board have
recommended the adoption of the program; and
WHEREAS, the Council has determined that the passage of this ordinance is in the best
interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Chapter 15,Article XIII of the Code of the City of Fort Collins is hereby
amended to read as follows:
ARTICLE XIII. RIGHT-OF-WAY CONTRACTORS
See. 15-361. License required.
It shall be unlawful for any person, company, corporation, partnership, joint
venture, limited liability company, or other association (hereafter referred to as
"person")(1)to perform or contract to perform work of any kind in the public right-
of-way without first obtaining a license to perform such work,or(2)to perform work
in any category described in § 15-365 without first obtaining an endorsement as
provided therein for the specific category of work sought to be performed. It shall
be unlawful for any person to perform or contract to perform work on any utility
which is or will be owned or maintained by the city or which will connect to and
become a part of a city-owned or maintained utility, whether located in the public
right-of-way or in an easement,without first obtaining a license and endorsement to
perform such work.
Sec. 15-362. Application and fee for license and endorsement.
Applications for a right-of-way contractor's license and endorsement(as provided
in § 15-365) shall be made to the City Engineer. The City Engineer is hereby
authorized to establish forms for the application and to require any such information
and documentation from applicants as may be reasonably necessary to accomplish
the purposes of this Article. An application fee shall be established as authorized in
Chapter 7.5, Article I of the Code, which fee shall be paid prior to or concurrently
with submittal of the application.
Sec. 15-363. Bond required.
All license applications shall be accompanied by a license and permit bond
executed by a reliable surety company with a rating of"A-" or better. The bond
certificate provided to the city shall be an original (not a copy). The bond shall be in
the amount of twenty thousand dollars ($20,000.) with an additional and separate
bond in the amount of ten thousand dollars ($10,000.)for each license endorsement
as provided in § 15-365. All bonds shall be continuous, with a minimum
cancellation notice of sixty (60) days. In the event a bond is canceled, the license
will be immediately revoked and no further work will be allowed to occur;however
the bond, even though canceled, must remain effective through the warranty period
associated with all previously completed work items.
Sec. 15-364. Insurance required.
All license applications shall be accompanied by an original certificate of
commercial general liability insurance insuring the contractor and naming the city as
an additional insured against any liability arising out of ownership, use, occupancy
or construction of the work and all areas appurtenant thereto with a combined single
limit of one million dollars ($1,000,000.). The limits of said insurance shall not,
however,be a limit to the liability of the licensee hereunder. Insurance required shall
be with companies qualified to do business in the state with a general policy holder's
financial rating of not less than `B++" as set forth in the most current edition of
"Bests Insurance Reports"and may provide for deductible amounts as the contractor
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may deem to be reasonable, but in no event greater than one thousand dollars
($1,000.). No such policies shall be cancelable or subject to reduction in coverage
limits or other modification except after thirty (30) days prior written notice to the
city. However,where cancellation of coverage is due to nonpayment ofthe premium
a ten (10) day written notice to the city is required. The contractor shall not do or
permit to be done anything which will invalidate the insurance policies referred to in
this Section. Policies described above shall be for the mutual and joint benefit and
protection of the contractor and the city. Such policies shall contain a provision that
the city, although named as an additional insured, shall nevertheless be entitled to
recovery under said policies for any loss occasioned to it, its servants, agents,
citizens,and employees by reason of negligence of the contractor. Such policies shall
be written as primary policies not contributing to and not in excess of coverage which
the city may carry.
Sec. 15-365. License and endorsements.
Any person wishing to perform work,regardless of the nature of the work, shall
be required to obtain a right-of-way contractor's license prior to performing the work
as provided in § 15-361. Additionally any person wishing to perform work in one
of the following categories shall first qualify for, and obtain a license endorsement
to perform such work as follows:
Endorsements:
Asphalt: Required in order to perform asphalt paving,asphalt patching, slurry
seal, chip seal, crack seal, and other similar asphalt related work.
Utility: Required in order to perform work on any utility which is or will be
owned, operated, or maintained by the city or any utility which will
connect to and become a part of any city-owned utility.
Non-Structural
Concrete: Required in order to construct curbs, gutters, sidewalks, cross pans,
tricklepans and perform other similar non-structural concrete work.
Structural
Concrete: Required in order to construct concrete box culverts, inlets,concrete
underwalk culverts, bridges, concrete drainage structures, and
perform other similar structural concrete work.
The City Engineer shall be authorized (1) to determine whether the applicants are
qualified to perform the kind of work included under the endorsement(s) being
requested, and (2) to issue the license and appropriate endorsement(s) to qualified
applicants who fully comply with this Article.
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Sec. 15-366. Issuance of license and fee.
Upon approval of qualifications by the City Engineer, receipt by the city of an
original bond certificate and insurance certificate,purchase of the current edition of
all applicable city standards and specifications, and payment of the license fee, the
applicant will be issued a license and endorsement(s) as applicable. A license fee
shall be established as authorized in Chapter 7.5, Article I of the Code, which fee
shall be paid prior to or concurrently with issuance of the license.
Sec. 15-367. Guarantee of work.
Any person licensed to perform work in the public right-of-way shall guarantee
the work for a period of two (2)years or as required in the applicable city standards
and specifications which apply to the work performed, whichever is longer. This
guaranty shall include all repairs required due to defects in materials or
workmanship. This guaranty shall also include defects consisting of settling of
trenches or other fills or excavations. The determination of the necessity for such
repairs shall be made by the City Engineer,which determination shall be final. If,at
any time within the period of the guaranty, the licensee shall fail or refuse to make
repairs required by the guaranty,then the city may proceed to cause the repairs to be
made and to recover the cost by action against the bond of the licensee.
Sec. 15-368. Suspension or revocation of license or endorsements.
The City Engineer may suspend or revoke any license or endorsement issued
under this Article upon determining that the licensee:
(1) has failed to abide by the requirements of the Code, including this Article,
relating to work done under the license and/or endorsement.
(2) is unqualified to perform the work for which the license or endorsement was
issued.
(3) has demonstrated a careless, dangerous or destructive approach to the work
being performed.
(4) has violated provisions of the applicable construction or repair standards or
specifications.
Upon taking action to suspend or revoke a license, the City Engineer shall give
written notice to the licensee of such action. Such license shall not be in effect again
until duly reinstated by the City Engineer, nor shall any refund of the license fee be
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made for any length of time for which the license has been suspended or revoked.
The licensee may appeal the decision of the City Engineer to the City Manager by
filing a notice of such appeal with the City Clerk within ten(10)days after the notice
is mailed to the licensee. In the event of such appeal, the City Manager shall
schedule a hearing on the question, and the action taken by the City Manager at the
hearing shall be final.
See. 15-369. Exceptions.
The requirements of this Article shall not apply to:
(1) city crews performing work in the public right-of-way;
(2) any party contracting with the city to perform work in the public right-of-way;
(3) utility companies performing work in the public right-of-way using utility
company crews (not including contractors for such utility companies); or
(4) individual residential property owners who are working within the public
right-of-way abutting such residential property.
Section 2. That the Code of the City of Fort Collins is hereby amended by adding a new
section, to be numbered 24-35, which section reads as follows:
Sec. 24-35. License required.
It shall be unlawful for any person to perform or contract to perform work of any
kind in the public right-of-way without first obtaining a license to perform such work
in accordance with the provision of Chapter 15. Article XIII.
Section 3. That Chapter 24,Article III,Division 4 of the Code of the City of Fort Collins,
consisting of Sections 24-151 through 24-156, is hereby deleted in its entirety.
Section 4. That Chapter 26,Article XI of the Code of the City of Fort Collins is hereby
amended to read as follows:
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ARTICLE XI. UTILITY LINE INSTALLATION
Sec. 26-671. License required.
It shall be unlawful for any person to perform or contract to perform work on any
utility which will be owned or maintained by the city or which will connect to and
become a part of a city-owned utility, whether located in the public right-of-way or
in an easement,without first obtaining a license to perform such work in accordance
with the provisions in Chapter 15, Article XII I.
Secs. 26-672-26-710. Reserved.
Section 5. That all changes to the Code of the City of Fort Collins caused by reason of
this ordinance shall take effect on January 1, 1999.
Introduced and considered favorably on first reading and ordered published in summary form
this 6th day of October,A.D. 1998,and to be presented for final passage on the 20th day of October _
A.D. 1998.
or
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of Oct er, A. 19988
i
ayor
ATTEST:
City Clerk
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