(A) Parties required to be licensed. A license shall not be required of utilities regulated by the state or managed by the Council or water Board, contractors operating under a public improvement contract with the city, and property owners personally performing minor repairs to sidewalks or driveways as defined above. A license shall be required of a contractor performing work for a franchise utility. A license granted by the City Engineer pursuant to the following provisions shall be required of all other contractors, persons or legal entities performing excavation or construction in city owned right-of-way, hereinafter called “licensees”. A licensed plumber in good standing shall be deemed to be a licensee under this subchapter upon submittal of a certificate of insurance as hereinafter specified.
(B) License requirements.
(1) Class “A” licenses. A Class “A” license shall be required of all licensees, except those that qualify under the criteria established below for a Class “B” license. A Class “A” license shall be issued by the City Engineer upon the filing of:
(a) A bond with the city with sureties acceptable to the city in the sum of $5,000 conditioned upon the full observance of city ordinances applicable to the work of construction in public streets;
(b) Proof satisfactory to the city that said licensee will indemnify, defend and hold the city harmless from any and all claims for losses and damages sustained by any claimant as a consequence of any alleged or proven act of omission or commission on the part of such licensee, or said licensee’s subcontractors, agents, employees or assigns while engaged in excavation or construction in city-owned right-of way as defined above;
(c) Proof satisfactory to the city that the licensee will reimburse the city for all costs, including, but not limited to, attorney fees, incurred by the city in enforcing the terms of the bond; and
(d) A certificate of insurance showing insurance in accordance with the following requirements, or such other requirements as may from time to time be established by the City Council by resolution:
1. Public liability insurance covering all operations, for the duration of the license, performed by licensee’s agents, persons directly employed by the licensee, subcontractors or their employees, or independent contractors, in the following amounts: $1,000,000 each occurrence, $1,000,000 aggregate;
2. Automobile liability insurance on all self-propelled vehicles in the following amounts: $1,000,000 each occurrence, $1,000,000 aggregate;
3. Workers compensation and employer’s liability, if required by the Code of Iowa, at such policy limits as are required by the Code of Iowa;
4. In lieu of the limits established by divisions (B)(1)(d)1. and (B)(1)(d)2. above, the licensee may show proof of comprehensive excess liability coverage in conjunction with lower limits for public liability and automobile liability insurance, which taken together provide insurance coverage to a limit of $1,000,000 each for public liability and automobile liability; and
5. Coverage shall be provided for explosion (“X”), collapse (“C”) and underground (“U”) hazards.
(2) Class “B” licenses. A Class “B” license may be issued to a licensee that certifies under oath that said licensee is exclusively a flat-work concrete contractor that does not excavate deeper than 12 inches below ground level. A Class “B” license shall be issued by the City Engineer upon the filing of:
(a) A bond with the city with sureties acceptable to the city in the sum of $5,000 conditioned upon the full observance of city ordinances applicable to the work of construction in public streets;
(b) Proof satisfactory to the city that said licensee will indemnify, defend and hold the city harmless from any and all claims for losses and damages sustained by any claimant as a consequence of any alleged or proven act of omission or commission on the part of such licensee, or said licensee’s subcontractors, agents, employees or assigns while engaged in excavation or construction in city-owned right-of-way as defined above;
(c) Proof satisfactory to the city that the license will reimburse the city for all costs, including, but not limited to, attorney fees, incurred by the city in enforcing the terms of the bond; and
(d) A certificate of insurance showing insurance in accordance with the following requirements, or such other requirements as may from time to time be established by the City Council by resolution:
1. Public liability insurance covering all operations, for the duration of the license, performed by licensee’s agents, persons directly employed by the licensee, subcontractors or their employees, or independent contractors, in the following amounts: $500,000 each occurrence, $500,000 aggregate;
2. Automobile liability insurance on all self-propelled vehicles in the following amounts: $500,000 each occurrence, $500,000 aggregate;
3. Workers compensation and employer’s liability, if required by the Code of Iowa, at such policy limits as are required by the Code of Iowa; and
4. In lieu of the limits established by divisions (B)(2)(d)1. and (B)(2)(d)2. above, the licensee may show proof of comprehensive excess liability coverage in conjunction with lower limits for public liability and automobile liability insurance, which taken together provide insurance coverage to a limit of $500,000 each for public liability and automobile liability.
(3) License suspension and reinstatement. The license of any licensee shall be suspended by the city upon receipt by the city of a notification of a cancellation of the licensee’s bond or liability insurance, and may be reinstated only upon filing a new bond or certificate. Utility companies and city departments shall be presumed to have adequate public liability coverage.
(4) Fees. A licensee shall pay a license fee of $10, or such other fee as the City Council may from time to time establish by resolution.
(2011 Code, § 50.0111.3)