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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 5 Revenue and Finan Chapter 5.68 Professional, Technical and Expert Service Contracts
Chapter 5.68 Professional, Technical and Expert Service Contracts

- Note
(Chapter replaced by Ordinance No. 177244, effective July 1, 2003.)

5.68.010 Definition.

(Amended by Ordinance Nos. 182213, 184427 and 185065, effective January 1, 2012.) 

 

A.  For the purposes of this Chapter, “professional, technical and expert” refers to any individual or group, excluding regular City employees, who, for a fee, provides services or gives professional advice regarding matters in the field of their special knowledge or training.  This includes but is not limited to: planners, architects, engineers, lawyers, accountants, doctors, dentists, ministers, and counselors in investments, insurance, advertising, graphics, training, public relations, communications, data processing and management systems.  Such contracts may include incidental materials such as written reports, architecture or engineering renderings, and similar supplemental materials.  The Chief Procurement Officer has authority to classify services not specifically addressed in this provision as professional services if those services require professional advice in a field of special knowledge or training similar to those listed above.

 

B.  “QBS Consultant" means an Architect, Engineer, Photogrammetrist, Transportation Planner, Land Surveyor or provider of Related Services. A QBS Consultant includes a business entity that employs Architects, Engineers, Photogrammetrists, Transportation Planners, Land Surveyors or providers of Related Services, or any combination of the foregoing.

 

C.  "Estimated Fee" means City's reasonably projected fee to be paid for a QBS Consultant's services under the anticipated Contract, excluding all anticipated reimbursable or other non-professional fee expenses. The Estimated Fee is used solely to determine the applicable Contract solicitation method and is distinct from the total amount payable under the Contract.

 

D.  “Price Agreement”,  for purposes of the QBS Rules is limited to mean an agreement related to the procurement of Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services, under agreed-upon terms and conditions and possibly at a set price with:

 

1.  No guarantee of a minimum or maximum purchase; or

 

2.  An initial order or minimum purchase, combined with a continuing QBS Consultant  obligation to provide Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services or Related Services in which the City does not guarantee a minimum or maximum additional purchase.

 

E.  "Project" means all components of a City's planned undertaking that gives rise to the need for a QBS Consultant's Architectural, Engineering, Photogrammetric Mapping, Transportation Planning or Land Surveying Services, or Related Services, under a Contract.

 

F.  “Transportation Planning Services” include Project-specific transportation planning involved in categorical exclusions, environmental assessments, environmental impact statements and other documents required for compliance with the National Environmental Policy Act, 42 USC 4321 et. seq.  Transportation Planning Services do not include transportation planning for corridor plans, transportation system plans, interchange area management plans, refinement plans and other transportation plans not associated with an individual Project which will require compliance with the National Environmental Policy Act, 42 USC 4321 et. seq.  Transportation Planning Services also do not include transportation planning for Projects not subject to the National Environmental Policy Act, 42 USC 4321 et. seq.

 

G.  “Related Services” means personal services, other than architectural, engineering, photogrammetric, mapping, Transportation Planning or land surveying services, that are related to planning, designing, engineering or overseeing public improvement projects or components of public improvements, including, but not limited to, landscape architectural services, facilities planning services, energy planning services, space planning services, hazardous substances or hazardous waste or toxic substances testing services, cost estimating services, appraising services, material testing services, mechanical system balancing services, commissioning services, project management services, construction management services, and owner’s representation services or land-use planning services. 


5.68.015 General Requirements - PTE Manual.

(Amended by Ordinance Nos. 182213 and 184427, effective February 23, 2011.)  The Chief Procurement Officer of Procurement Services shall create and publish a Professional, Technical and Expert (PTE) Services Manual that shall govern selection and award of PTE contracts.  The Chief Procurement Officer may amend the PTE Manual to ensure that the interests of the public and PTE contractors are fully served and that the process promotes accountability and competition among all segments of the citizens of Portland.   The PTE Manual shall include procedures providing for adequate notice of contract award to potential contractors and shall provide the exclusive means by which selection decisions may be protested before the contract is executed.


5.68.020 Application.

(Amended by Ordinance Nos. 179802, 182213 and 184427, effective February 23, 2011.)

 

A.  This Chapter applies to City procurement of professional, technical and expert services.

 

B.  The following services are exempt from the selection process outlined in the City’s Professional, Technical and Expert Services Manual and can be made by direct appointment:

 

1.  Processing of any claim for workers' compensation benefits;

 

2.  Determining any prospective or current City employee's ability to work or return to work;

 

3.  Determining any reasonable accommodation that may be made to any job classification in the City; and

 

4.  The City Attorney’s retention of expert witnesses, consultants to assist the City Attorney’s Office in providing legal advice to the City, and outside legal counsel.

 

C.  If any emergency as defined in the PTE Manual exists the Chief Procurement Officer may authorize selection of a contractor without following the requirements of this Chapter.

 

D.  If the services or expertise required for a project are only available from a “sole source” as defined in the PTE Manual, then the Chief Procurement Officer may authorize selection of a contractor without following these requirements.  

 

E.  The Chief Procurement Officer shall include all emergency and sole source contracts in periodic reports to the City Council.

 

F.  If professional, technical or expert services are required in conjunction with the acquisition of goods, services, public improvements, construction services or some combination thereof, the Chief Procurement Officer may permit the acquisition of such services through the provisions of Chapter 5.33 or 5.34 of this Code instead of this Chapter.


5.68.030 Public Announcement of Requirements.

(Amended by Ordinance Nos. 182213 and 184427, effective February 23, 2011.)  The Professional, Technical and Expert Services Manual shall set forth the procedures to be followed by all bureaus in announcing and advertising City PTE solicitations.  The procedures in the Manual shall be designed to make information about such solicitations readily available to interested PTE contractors, including state certified minority, women and emerging small business (M/W/ESB) firms and Disabled Veteran owned or controlled firms as defined in ORS 408.225.  From time to time, the City may adopt programs designed to promote competition, enhance economic opportunity and stimulate hiring among all of Portland’s citizens.  When such programs are adopted, the Chief Procurement Officer shall take steps to ensure that PTE contractors wishing to enter into contracts with the City are aware of their requirements.


5.68.035 Authority to Obligate City for Professional, Technical or Expert Services.

(Amended by Ordinance Nos. 182213 and 184427, effective February 23, 2011.) 

 

A.  All professional, technical or expert services contracts or purchase orders shall be in writing in a form approved by the City Attorney as provided in Section 5.68.050.  The Chief Procurement Officer, or designee, is authorized to execute contracts for PTE services required by the City in any amount not exceeding $100,000 without the need for an ordinance specifically authorizing the contract if the contract is included within the current fiscal year budget of the bureau seeking the contract.

 

B.  The Chief Procurement Officer has authority to execute amendments to such contracts, provided the amendments do not, in the aggregate, exceed 25 percent of the original contract amount.  Otherwise, the original contract or contract amendment must be approved by the City Council.  Except for contracts executed with outside counsel, contracts executed pursuant to Subsection 5.68.020 B.4. may be amended in excess of 25 percent without Council approval provided the City Attorney and the Chief Procurement Officer both approve the amendment.  Periodic reports of such actions shall be provided to City Council by the City Attorney’s Office. 

 

C.  The Chief Procurement Officer is authorized, but not required, to waive any procedural irregularities in the PTE selection process provided the irregularities had no material affect on the selection of the proposed contractor.

 

D.  The provisions of Section 5.68.035 also apply to the procurement of services and contracts for services referenced in Subsection 5.68.020 B.


5.68.040 Process for Services Costing Under and Over The Formal Bid Threshold

(Repealed by Ordinance No. 182213, effective September 24, 2008.)


5.68.050 Review by City Attorney and Chief Procurement Officer.

(Amended by Ordinance Nos. 182213 and 184427, effective February 23, 2011.)

 

A.  The City Attorney and the Chief Procurement Officer shall review and approve the form of all Requests for Proposals, Requests for Qualifications and other similar solicitation documents for all PTE contracts estimated to exceed $100,000, prior to issuance.

 

B.  The City Attorney or designee shall approve the form of all PTE contracts and shall ensure that all required documentation, including, but not limited to insurance, is present before the contract is executed.  Such approval shall occur before work begins.


5.68.060 Outside Legal Services.

(Amended by Ordinance Nos. 179802, 180659, 182213 and 184427, effective February 23, 2011.)

 

A.  Except as specifically exempted by this Section, and in addition to the other requirements of this Chapter for professional, technical and expert service contracts, the following procedures and requirements shall apply to any contracts for legal services to be provided by attorneys outside of the Office of the City Attorney.

 

1.  All City bureaus and agencies shall submit in writing to the City Attorney all requests for legal services from outside the City Attorney’s Office before any agreement is made to obtain any such outside legal services.

 

2.  The Chief Procurement Officer has the authority to sign and approve contracts and contract amendments for outside counsel to the same extent as other contracts for professional, technical and expert services.  However, all billings and invoices for outside legal counsel’s services shall be directed to the City Attorney for review and approval prior to payment.

 

3.  The Chief Procurement Officer shall not process any purchase requisition for outside legal services without the written approval of the City Attorney or designee.

 

4.  The Accounts Payable Division shall not process for payment any billing or invoice for outside legal services without the written approval of the City Attorney or designee.

 

5.  This Section does not apply to selection of bond counsel, who are selected in accordance with Section 5.68.070 of this Code.  However, all billings and invoices of bond counsel shall be directed to the City Attorney for review and approval prior to payment.


5.68.070 Procedure for Selection of Bond Counsel.

(Amended by Ordinance No. 182213, effective September 24, 2008.)

 

A.  At the time a bureau determines it will need bond counsel for a project or series of projects, the bureau will notify the City Attorney.  The City Attorney or designee shall notify each counsel listed in the Oregon Section of the Bond Buyer’s Directory of Municipal Bond Dealers (Red Book), requesting that those interested in serving as bond counsel for the project or series of projects submit proposals. 

The notice shall indicate the nature of the project or series of projects, the type and approximate amount of bonds, the approximate date for the sale or sales of bonds, the bond counsel services required, and the date proposals are due.

 

B.  Those counsel interested shall provide the following information to the City Attorney:

 

1.  A statement of the fee arrangement proposed by the firm.

 

2.  Such other information as the City Attorney deems appropriate.

 

C.  On receipt of the proposals the City Attorney shall refer them to a consultant selection committee consisting of the City Attorney or designee; the Chief Administrative Officer or designee; and the Bureau Director or designee.  The Committee shall consider only firms that are listed in the Red Book.  The Committee may interview any or all firms, including more than once.  The Committee may authorize firms to modify their proposals during the interview period.

 

D.  The Consultant Selection Committee shall select a law firm to serve as bond counsel for the project or series of projects.  The selection shall be based on fee, experience, or such other criteria as the Committee deems appropriate.


5.68.080 Contractor's Compliance with Workers' Compensation Requirements

Prior to the performance of any work under a professional, technical or expert services contract awarded by the City, a contractor shall comply with the Workers' Compensation Law, ORS Chapter 656, as it may be amended, and if Workers' Compensation Insurance is required by ORS Chapter 656, shall maintain coverage for all subject workers as defined by ORS Chapter 656, and shall maintain a current, valid certificate of Workers' Compensation Insurance on file with the City Auditor for the entire period during which work is performed under the contract.


5.68.090 Selection of Architectural, Engineering and Land Surveying Consultants for PTE Contracts.

(Repealed by Ordinance No. 185065, effective January 1, 2012.)


5.68.100 Direct Contracts with Architects, Engineers and Land Surveyors.

(Repealed by Ordinance No. 185065, effective January 1, 2012.)


5.68.110 Two-Tiered Selection Process.

(Repealed by Ordinance No. 185065, effective January 1, 2012.)


Title 5 Revenue and Finan
Chapter 5.01 (Repealed)
Chapter 5.04 Funds
Chapter 5.08 Payment Of Salaries, Wages And Expenses
Chapter 5.09 Deferred Compensation Plan
Chapter 5.10 City Charitable Campaign
Chapter 5.12 Assignment or Garnishment of Salaries, Wages or Claims
Chapter 5.16 Emergency Checks
Chapter 5.20 Budget Procedure
Chapter 5.24 Auditor's Records and Reports
Chapter 5.30 Collections and Foreclosure Process
Chapter 5.31 Collections & Foreclosure Process For Delinquent Sewer Safety Net Liens
Chapter 5.32 (Repealed)
Chapter 5.33 Goods and Services
Chapter 5.34 Public Improvements and Construction Services
Chapter 5.36 Property Control
Chapter 5.40 Demands and Disbursements
Chapter 5.44 (Repealed)
Chapter 5.48 Charges for Services Performed
Chapter 5.50 Collections Section
Chapter 5.52 Petty Cash and Checks
Chapter 5.56 Ambulance Service
Chapter 5.60 Miscellaneous Charges
Chapter 5.64 Miscellaneous Fiscal Provisions
Chapter 5.68 Professional, Technical and Expert Service Contracts
Chapter 5.72 Economic Development Projects
Chapter 5.73 Arts Education and Access Income Tax
Chapter 5.74 Acquisition of Public Art
Chapter 5.75 Claims Under ORS Chapter 195 and 197