Chapter 12.02
STREET EXCAVATION REQUIREMENTS
Sections:
12.02.010 Installation or excavation—Permit required.
12.02.020 Street contractor’s license.
12.02.040 Street sections and construction details.
12.02.050 Engineer’s approval in phases.
12.02.060 Contractor—Appointment of project superintendent.
12.02.070 Contractor—Submission of plans.
12.02.010 Installation or excavation—Permit required.
(1) No person, firm or corporation shall engage in any excavation, grading, surfacing, or paving operation or activity, or install or construct any sanitary sewer, storm sewer, water main or pipeline, or any other public utility, service, or public improvement in the city without first securing a permit therefor from the City Administrator or his designee. Permits will be issued only upon approval by the City Engineer of the plans, profiles, and specifications for the proposed construction.
(2) The city has the authority to set a fee for each permit issued under the provisions of this chapter by resolution of the Council and such fee shall be due and payable at the time of the permit. In addition to the permit fee, the city may also authorize a charge to cover the costs of plan review and inspection of the work by the city to assure compliance with city standards and specifications, an amount to be set by the city based on the estimated construction costs as determined by the City Engineer or his designee as set by the city. When costs are imposed, the city shall keep accurate records of the time and costs incurred in such review and inspections, and upon completion of the project, and its acceptance by the city, any amount remaining in the inspection charge shall be refunded to the permittee. Any cost incurred by the city in excess of the amount of the inspection charge shall be billed to the permittee and shall be due and payable prior to approval and acceptance of the project by the city. Time spent in plan review and inspection shall be billed at an hourly rate to be set by the city.
(3) This chapter shall not apply to duly franchised utilities whose operations are controlled by franchise ordinance adopted by the city, nor to utility operators with a valid license from the city pursuant to GMC Section 12.24.070.
(4) This chapter shall not apply to contractors performing work under a contract let by the city. Work of such contractors shall be governed by the conditions of such contract.
Statutory Reference: ORS 221
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
12.02.020 Street contractor’s license.
(1) Any person, firm or corporation who engages in the business, operation or practice of constructing streets, sanitary sewers, storm sewers, water mains, or pipelines or any other device or structure within the right-of-way of any street dedicated to public use within the city shall obtain a city license as a street contractor prior to engaging in such work.
(2) Before being issued a license, a street contractor shall submit to the city evidence and a statement of experience to show to the satisfaction of the City Administrator that the applicant is qualified to perform such work.
(3) A licensed street contractor shall execute and deliver to the city a dual obligee surety bond to be approved by the city in the amount of $10,000 in favor of the city, conditioned that the contractor will perform all street work in conformance with the laws of the city and the requirements of other governmental agencies and that the contractor will indemnify and save the expenses, damages, costs and claims arising out of the contractor’s negligence or unskillfulness in performing such work, and further guaranteeing such work against any failure or deterioration due to faulty workmanship or materials for a period of one year from the date of its acceptance by the city. This requirement shall not be applicable as to street work in a subdivision where a performance bond, irrevocable letter of credit, cash deposit, or maintenance bond is posted pursuant to the Municipal Code and to the satisfaction of the city for all required public improvements including street improvements.
(4) The licensed street contractor shall have and keep in full force and effect property damage and liability insurance in the minimum amount of $1,000,000 property damage and $100,000 personal injury while performing any work in the city. A certificate of such insurance shall be filed with the city. Said certificate shall indicate that coverage includes street excavation and sewer excavation, including explosion, collapse, and underground exposure.
(5) The license of any street contractor may be revoked by the City Council upon presentation of evidence of failure to comply with any and all regulations of the city.
Statutory Reference: ORS 221
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
12.02.030 Standards.
All street, sanitary sewer, storm sewer, water main and pipeline construction and any other construction within streets in the city shall be in accordance with the Gladstone design and construction standards or in accordance with any special provisions established by the City Engineer.
Statutory Reference: ORS 221.
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
[Ed. Note: The publication(s) referred to or incorporated by reference in this chapter are available from the office of the City Recorder.]
12.02.040 Street sections and construction details.
Standard street sections and standard construction details shall be as specified in the standard drawings in the Gladstone design and construction standards. No deviation from these standard drawings will be allowed without the approval of the City Engineer.
Statutory Reference: ORS 221
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
12.02.050 Engineer’s approval in phases.
Each phase, layer, or course of work shall be approved by the City Engineer prior to the placement or construction of any subsequent phase, layer or course. Failure to comply with this section shall be cause for requiring the removal and replacement of that phase, layer, or course which was placed without approval of the preceding course.
Statutory Reference: ORS 221
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
12.02.060 Contractor—Appointment of project superintendent.
A street contractor shall employ competent and experienced workers and supervisors and for each project or contract shall designate a project superintendent who will be responsible for coordinating with the city on all aspects of work.
Statutory Reference: ORS 221
History: Ord. 1238 §1, 1997; Ord. 1465 §2, 2016.
12.02.070 Contractor—Submission of plans.
(1) The city may require a street contractor, or the person, firm or corporation employing the street contractor, to be responsible for the preparation of, and submission to the city for approval, all plans and specifications covering any work in any city street.
(2) If required by the city, these plans and specifications are to be prepared by, and bear the seal of, a registered professional engineer. All grade, line, and other control stakes shall be set by this engineer or his duly authorized representative.
Statutory Reference: ORS 221