1. A. All work done and materials used for a local or public improvement, whether established as a district or allowed by permit, must conform to the provisions of this Title and to the current version of the standard construction specifications.
2. B. Revisions. The City Administrator may revise the standard construction specifications of the City as needed.

1. The decision of the City Administrator as to all performances, materials and technical requirements of standard specifications and plans for a local improvement or public improvement will be final and conclusive. The interpretation of all other provisions of standard construction specifications will be determined by the City Attorney.

1. A. Subject to applicable provisions of the City Charter and in accordance with the specifications adopted for particular work by the City Administrator, 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 service and program of the City Administrator by the responsible Engineer.
2. B. The progress payment certificate will 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 will be deemed sufficient without further approval by the City Administrator, subject to sufficient allocation of funds 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 that is in addition to or an extra over the basic contract, then a progress payment may not be made pursuant to the responsible Engineer’s certificate until such certificate has been presented to the City Administrator and approved by the City Administrator or the City Administrator has separately authorized the extra work.
3. C. On any contract for a local improvement that does not contain a specific provision for progress payments, a single progress payment will be made at the time the final estimate of the Responsible Engineer is filed with the revenue service and program of the City Administrator if such payment is requested by the contractor. The progress payment may not exceed 95 percent of City Administrator-authorized contract costs included in the final estimate. This paragraph is applicable to contracts that are completed after the passage of this Ordinance.

1. Payment for work done as a local improvement will 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, will bear interest at the rate of six percent per year beginning on the 10th day after the date of the warrant. Total interest on such warrants may 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 will cease as of the day when the principal amount or portion thereof is collected, to the extent of the amount collected.

1. No progress payment may be deemed a final acceptance or any acceptance of the work or material represented by such progress payment, nor may the progress payment affect the liability of the contractor or the contractor's surety relating to the public work or local improvement.

1. 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 will 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 will bear interest from the 10th day after the date of the original warrant.

1. The City will 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:
2. A. Either the official estimate of the Responsible Engineer or the bid of the contractor is less than $50,000,
3. 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,
4. 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,
5. D. The purchase will be made by the City no earlier than 10 days and no later than 30 days after the issue date,
6. 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.

1. 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 service and program of the City Administrator 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 may 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 service and program of the City Administrator will 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 must have first call upon the retained amount for correction of defects in the contract.

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

1. If City-owned property is assessed for a local improvement, the City Administrator may make application for bonding and sign the application. For such application, the City Administrator will be deemed the owner on behalf of the City.

1. A. If a fire hydrant has been installed at established street grade and in a location approved by the City Administrator, and a local improvement or public improvement requires moving the hydrant, the Portland Water Bureau will, at the direction, of the City Administrator make the necessary change. The cost of the change will be included in the cost of the improvement unless the Council directs payment from public funds.
2. 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 must be changed, moved, removed, or relocated as the City Administrator 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 will 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 Administrator the contractor on the improvement may perform such change or relocation, and upon approval of the contractor’s bill therefor by the City Administrator, if the owner of the facility is the owner of land to be assessed for the local improvement, then the City will 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 must 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 will be chargeable for the cost of moving any City owned facilities.
3. C. The contractor for a public improvement or local improvement may not interfere with or impede any person engaged in changing or relocating the facility within a street area, as required in this Section.
4. 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.

1. A. If, in the course of the construction of a local or public improvement, the contractor or the contractor’s subcontractor damages or displaces a public improvement, such as a curb, sidewalk, water line or meter, maintenance hole, drainage improvement, or other installation, then the contractor must repair or replace the public improvement at the contractor's own expense in a proper manner as approved by the City Administrator, except:
   1. 1. Damage to a sewer or drainage improvement must be repaired in a proper manner as approved by the City Administrator. Contractors may be granted the option of funding the City to make the repairs in their stead; and
   2. 2. Damage to a water line or meter will be repaired by the Portland Water Bureau and billed to the contractor or others in the manner specified in Title 5, Revenue and Finance, of Portland City Code.
2. 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 and the facility is not located within two feet of the street grade established for that location, the contractor will 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 must be done by the owner of such facility at the expense of the contractor unless the owner directs the contractor to perform such work.
3. 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 and the facility is located within two feet of the established street grade in the area, then such facility must be repaired, replaced or relocated as directed by the responsible Bureau, subject to approval by the City Administrator, 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.

The City Administrator 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 must comply with such standards unless otherwise specifically authorized by the City Administrator to deviate from those standards.

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