Chapter 17.16 General Provisions

(Amended by Ordinance Nos. 149769, 173295 and 184957, effective November 25, 2011.)

A.  All work done and materials used for either a local or public improvement whether it be as a district or by permit shall conform to the provisions of this Title and to the current version of the standard construction specifications.

B.  Revisions.  The City Engineer, in consultation with the Chief Engineers of the Bureau of Environmental Services and the Portland Water Bureau, is authorized to revise the standard construction specifications of the City of Portland as needed, excluding Part 01100 Water Supply Systems contained therein, which shall be revised by the Chief Engineer of the Portland Water Bureau.

(Amended by Ordinance Nos. 149769, 173295 and 184957, effective November 25, 2011.)  The decision of the City Engineer as to all performances, materials and technical requirements of standard specifications and plans for a local improvement or public improvement shall be final and conclusive excepting work performed in accordance with Part 01100 of the standard construction specifications for which the Chief Engineer, Portland Water Bureau shall have final and conclusive decision.  The interpretation of all other provisions of standard construction specifications shall be determined by the City Attorney.

(Amended by Ordinance Nos. 138075, 140744, 173295 and 189413, effective March 6, 2019.)

A.  Subject to applicable provisions of the City Charter and in accordance with the specifications adopted for particular work by the Council, progress payments may be made by the City periodically as required by the contract for the improvement work, on the basis of a certificate concerning the same, filed with the Revenue Division by the Responsible Engineer.

B.  The progress payment certificate shall show the amount of work and material applied to the local improvement or public improvement and not included in any prior certificate, the reasonable value of the work and material, the contract price thereof, the amount to be retained pursuant to the contract, and the amount to be paid as a progress payment.  Contract provision for the progress payments shall be deemed sufficient without further approval by the Council, except that if the contractor is found to be delinquent, if the payment is the last payment to be made before payment of retainage pursuant to the contract, or if any progress payment covers work which is in addition to or an extra over the basic contract, then a progress payment shall not be made pursuant to the Responsible Engineer’s certificate until such certificate has been presented to the Council and approved by the Council, or the Council has separately authorized the extra work.

C.  On any contract for a local improvement which does not contain a specific provision for progress payments, a single progress payment shall be made at the time the final estimate of the Responsible Engineer is filed with the Revenue Division if such payment is requested by the contractor.  The progress payment shall not exceed 95 percent of Council authorized contract costs included in the final estimate.  This paragraph shall be applicable to contracts which are completed after the passage of this Ordinance.

Payment for work done as a local improvement shall be made by warrant drawn on the Local Improvement Assessment Fund for the particular improvement created or to be created when assessments therefor are paid. Any warrant for a progress payment or final warrant drawn against a Local Improvement Assessment Fund, either to be created or already in existence, shall bear interest at the rate of 6 percent per year beginning on the 10th day after the date of the warrant. Total interest on such warrants shall not exceed the total amounts collected as interest from the properties assessed. When sufficient money is collected and is in the Local Improvement Assessment Fund to pay accrued interest on the oldest outstanding warrant and some portion or all of the principal on such warrant, the interest on the warrant shall cease as of the day when the principal amount or portion thereof is collected, to the extent of the amount collected.

(Amended by Ordinance No. 173295, effective April 28, 1999.) No progress payment shall be deemed a final acceptance or any acceptance of the work or material represented by such progress payment, nor shall the progress payment affect the liability of the contractor or the contractor's surety relating to the public work or local improvement.

When money has been collected and is in a Local Improvement Assessment Fund sufficient to pay all or a portion of the principal as well as the accrued interest on the oldest outstanding warrant, upon presentation of the warrant the Treasurer shall pay the accrued interest and principal amount collected upon the outstanding warrant and issue a new warrant for the unpaid principal balance. The new warrant shall bear interest from the 10th day after the date of the original warrant.

(Added by Ordinance No. 138072, amended by Ordinance No. 173295, effective April 28, 1999.) The City of Portland shall purchase local improvement warrants issued for progress payments and final payment to a contractor on a local improvement project under the conditions listed below upon written request from the contractor to the City Finance Officer:

A. Either the official estimate of the Responsible Engineer or the bid of the contractor is less than $50,000,

B. Before the plans and specifications for the project were issued it has been determined by the Finance Officer that funds would be available in the Assessment Collection Fund for this purpose,

C. The plans and specifications for the project will include a provision that such warrants will be purchased by the City from the contractor at the contractor's request,

D. The purchase will be made by the City no earlier than 10 days and no later than 30 days after the issue date,

E. The purchase of final warrants will be at face value without accrued interest. The purchase of progress payment warrants will be at face value discounted by an amount equal to 10 days of interest and without accrued interest.

(Amended by Ordinance Nos. 173295 and 189413, effective March 6, 2019.)  Notwithstanding contractual provisions for payment of progress payment warrants, final payment warrants or payment of retainage, any person given a right by statute to institute an action on the contractor’s bond may file a claim with the Revenue Division for the labor, material, or payment to State funds for which the contractor is liable in connection with the performance of the contract.  In the event such claim is filed and the contractor has money due and owing from the City, the money due and owing shall not be paid to the contractor until 20 days after the filing of the claim.  If, prior to the expiration of such 20 day period, the money due and owing to the contractor has been ordered withheld or paid into court by a court of competent jurisdiction, if the claimant withdraws the claim, or if the contractor orders all or a portion of the amount due and owing to be paid to the claimant, then the Revenue Division shall divide the payment or treat the same as required by such order or withdrawal.  However, if the only money due and owing to the contractor is the final retainage, then the City shall have first call upon the retained amount for correction of defects in the contract.

All contractors employed by the City shall comply with all statutory requirements concerning hours of labor and prevailing wage rates. All certifications required by statute to be filed with the City shall be so filed.

The Mayor or a Commissioner to whom particular City property has been assigned, which property is assessed for a local improvement, shall have authority to make application for bonding and to sign the application. For such application said Mayor or Commissioner shall be deemed the owner on behalf of the City.

(Amended by Ordinance No. 173295, effective April 28, 1999.)

A. If a fire hydrant has been installed at established street grade and in a location approved by the City Engineer, and a local improvement or public improvement requires moving such hydrant, the Bureau of Water Works shall upon request of the City Engineer make the necessary change. The cost thereof shall be included in the cost of the improvement unless the Council directs payment from public funds.

B. In all other cases, any facility over, upon or under the street area, required to be moved either for construction or as the result of a local or public improvement shall be changed, moved, removed or relocated, as the City Engineer may direct, at the expense of the owner of the facility. The change includes any trenches and filling thereof or other work necessary for the change. However, this does not relieve the contractor from liability or responsibility under contract specifications. Liability of the owner of the facility for such change shall be conditioned upon notice in writing given by the contractor at least 10 days preceding the improvement work in the area. In case any such owner fails or refuses to make the change or relocation, then upon direction by the City Engineer the contractor on the improvement may perform such change or relocation, and upon approval of the contractor’s bill therefor by the City Engineer, if the owner of the facility is the owner of land to be assessed for the local improvement, then the City shall add the amount of the bill for the work to the local improvement assessment to be assessed upon the property. If the contractor has performed such work of change or relocation of facility, and the owner thereof is not chargeable by assessment of benefit from the improvement, then the contractor shall look solely to the owner of such facility for reimbursement of the cost of change or relocation. In case of a public improvement constructed at the expense of City funds, City funds shall be chargeable for the cost of moving any City owned facilities.

C. The contractor for a public improvement or local improvement shall not interfere with or impede any person engaged in changing or relocating the facility within a street area, as required in this Section.

D. The right is reserved to the City and to owners of public utilities in the street area to enter upon such street area for repairs, changes or installation of additional facilities in the street area of the improvement work.

(Amended by Ordinance Nos. 131165, 173295 and 183397, effective January 8, 2010.)

A.  If in the course of a local or public improvement the contractor or his or her subcontractor damages or displaces a public improvement, such as a curb, sidewalk, water line or meter, manhole, drainage improvement or other installation, then the contractor shall repair or replace the public improvement at the contractor's own expense in a proper manner as approved by the City Engineer; except in the case of:

1.  Damage to a sewer or drainage improvement shall be repaired in a proper manner as approved by the Chief Engineer of the Bureau of Environmental Services.  Contractors may be granted the option of funding the City to make the repairs in their stead; and

2.  Damage to a water line or meter shall be repaired by the Bureau of Water Works and billed to the contractor or others, in the manner specified in Title 5, Revenue and Finance, of this Code.

B.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is not located within 2 feet of the street grade established for that location, the contractor shall be liable for the cost of repair or replacement of the facility unless the plans, specifications and contract otherwise specifically prescribe.  The repair or replacement shall be done by the owner of such facility at the expense of the contractor unless the owner directs the contractor to perform such work.

C.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is located within 2 feet of the established street grade in the area, then such facility shall be repaired, replaced or relocated as directed by the Responsible Bureau, subject to approval by the City Engineer, at the expense of the owner thereof, notwithstanding any failure to notify the owner of the need for relocation or change as prescribed in Section 17.16.100, unless the plans, specifications and contract otherwise prescribe.

(Amended by Ordinance No. 173295, effective April 28, 1999.) The City Engineer may establish standards for particular types or classes of work to be performed by contractors or by persons permitted to construct facilities in streets, easements or other public property. Any person constructing the facility shall comply with such standards unless otherwise specifically authorized by the City Engineer to deviate from those standards.

All contracts, bonds, insurance policies and all forms to be used by the public pursuant to this Title shall first be approved as to form by the City Attorney before filing or use.

(Added by Ordinance No. 185398, effective July 6, 2012.)

A.  Acceptance by the Bureau of Transportation:  The Director of the Bureau of Transportation may approve, accept, and amend a right-of-way dedication, easement, or other real property interest for public improvements to the transportation system of the City when the consideration provided therefor does not exceed $50,000.

B.  Acceptance by the Bureau of Environmental Services:  The Director of the Bureau of Environmental Services may approve, accept, and amend a sewer easement or other real property interest for public improvements to the public sewer of the City when the consideration provided therefor does not exceed $50,000.

C.  Release by the Bureau of Transportation:  The Director of the Bureau of Transportation may release easements and associated infrastructure no longer needed for the transportation system of the City.  This authorization does not extend to the vacation of public rights-of-way, which must comply with City Charter Section 1-104 and Oregon Revised Statues Chapter 271.

D.  Release by the Bureau of Environmental Services:  The Director of the Bureau of Environmental Services may release easements and associated infrastructure no longer needed for the public sewer of the City.

E.  Rental or Leasing of Real Property or Public Right-of-Way by the Bureau of Transportation:  The Director of the Bureau of Transportation may rent or lease real property or public right-of-way assigned to the Bureau of Transportation which will not be needed for public use during the term of the rental or lease for any term permitted by statute.

F.  Designation of City Property as Right-of-Way by the Bureau of Transportation:  The Director of the Bureau of Transportation, upon approval by other affected Bureaus, may designate City-owned property as public right-of-way for public improvements to the transportation system of the City.