EXHIBIT 2
Chapter 5.68
PROFESSIONAL, TECHNICAL AND
EXPERT SERVICE CONTRACTS
Sections:
5.68.010 Definition.
5.68.015 General Requirements – PTE Manual.
5.68.020 Application.
5.68.030 Public Announcement of Requirements.
5.68.035 Authority to Obligate City for Professional, Technical or Expert Services.
5.68.040 Process for Services Costing Under and Over the Formal Bid Threshold.
5.68.050 Review by City Attorney.
5.68.060 Outside Legal Services.
5.68.070 Procedure for Selection of Bond Counsel.
5.68.080 Contractor’s Compliance with Workers’ Compensation Requirements.
5.68.090 Selection of Architectural, Engineering and Land Surveying Consultants for PTE Contracts.
5.68.100 Direct Contracts with Architects, Engineers and Land Surveyors.
5.68.110 Two-Tiered Selection Process.
5.68.010 Definition.
For the purposes of this ordinance, “professional, technical and expert” shall refer 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, including but 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 Purchasing Agent shall have authority to classify those services not specifically addressed in this provision.
5.68.015 General Requirements– PTE Manual.
The Purchasing Agent of the Bureau of Purchases shall create and publish a Professional, Technical and Expert (PTE) Services Manual that shall govern selection and award of PTE contractors. The Purchasing Agent 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.
A. This Chapter shall apply to City procurement of professional, technical and expert services, except those required for the processing of any claim for workers' compensation benefits, the determination of any prospective or current City employee's ability to work or return to work, for the determination of any reasonable accommodation that may be made to any job classification in the City, or for selection of expert witnesses or outside legal counsel by the City Attorney.
B. If any emergency as defined in the PTE Manual exists the Purchasing Agent may authorize selection of a contractor without following the requirements of this Chapter.
C. If the services or expertise required for a project are only available from a “sole source” as defined in the PTE Manual, then the Purchasing Agent may authorize selection of a contractor without following these requirements.
D. The Purchasing Agent shall include all emergency and sole source contracts in periodic reports to the Council.
5.68.030 Public Announcement of Requirements.
The Professional, Technical and Expert Services Manual shall set forth the procedures to be followed by all bureaus in announcing and advertising City PTE projects. The procedures in the Manual shall be designed to make information about such projects readily available to interested PTE vendors, including M/W/ESB firms. 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 Purchasing Agent shall take steps to ensure that all PTE vendors 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
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 Purchasing Agent, 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. In addition, the Purchasing Agent has authority to execute amendments to such contracts, provided that such amendments do not in the aggregate exceed 25% of the original contract amount. Otherwise, the original contract or contract amendment must be approved by the City Council. The Purchasing Agent 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.
5.68.040 Process for Services Costing Under and Over The Formal Bid Threshold
The informal/formal bid threshold is set annually by the City Auditor pursuant to City Charter Sections 8-104 and 8-105. The PTE Manual shall set forth the procedures to be followed in soliciting PTE services both under and over the formal bid threshold.
5.68.050 Review by City Attorney and Purchasing Agent.
A. The City Attorney and the Purchasing Agent shall review and approve the form of all Requests for Proposals, Requests for Qualifications and other similar solicitation documents for all PTE contracts 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. If the proposed PTE contract exceeds $100,000, the City Attorney shall review and approve the form of the proposed contract prior to issuance of any Request for Proposals or Request for Qualifications.
5.68.060 Outside Legal Services.
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. 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 Purchasing Agent shall not process any purchase requisition for outside legal services without the written approval of the City Attorney or his/her 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 his/her designee.
5. The provisions of this Section shall not apply to selection of bond counsel, which shall be selected in accordance with Section 5.68.080 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.
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 designate 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 his or her designate; the Director of the Office of Fiscal Administration or his or her designate; and the Bureau Chief or his or her designate. 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
A. The City shall use a qualifications based selection process for the selection of architects, engineers and land surveyors (hereinafter collectively called “consultants”) if the requirements of ORS 279.057(9) are met and:
1. That process is required as a condition of receiving federal grant funds; or
2. The City receives money from the State Highway Fund pursuant to ORS 366.525, 366.800 or a grant or loan from the State of Oregon that will be used to pay for any portion of the design and construction of a public improvement project, provided:
a. The total amount of any grants, loans or moneys from the State Highway Fund and from the State of Oregon for the project exceeds 35% of the value of the project; and
b. The value of the project exceeds $400,000.
B. As used in this Section:
1. An “architect” is a person who is qualified, licensed, registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided in ORS 671.010 to 671.220, and includes without limitation the terms “architect,” “registered architect” and “licensed architect.”
2. An “engineer” is a person who is registered, and holds a valid certificate, in the practice of engineering in the State of Oregon, as provided in ORS 672.002 to 672.325, and includes all terms listed in Ors 672.002(2).
3. A “land surveyor” is a person who is registered, and holds a valid certificate, in the practice of land surveying in the State of Oregon, as provided by ORS 672.002 to 672.325 and includes all terms listed in ORS 672.002(4).
C. The City may use a qualifications based selection process in circumstances other than those required by Section 5.68.090A if the Purchasing Agent determines that such a selection process will best serve the public interest.
D. Evaluation and Negotiation: The PTE Manual shall set forth the evaluation and negotiation process to be used when a qualifications based selection process is utilized.
5.68.100 Direct Contracts with Architects, Engineers and Land Surveyors
A. For purposes of this section the terms “architect,” “engineer,” “land surveyor,” and “consultants” shall have the same meaning as found in Section 5.68.090.
B. Notwithstanding Section 5.68.090, the City may enter into a personal service contract directly with a consultant if the project described in the professional, technical or expert services contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in earlier contract with the consultant that was awarded pursuant to rules adopted by the City at the time the consultant originally was hired and the new contract is a continuation of that project, provided that the other requirements of this Chapter are met.
5.68.110 Two-Tiered Selection Process
A. For purposes of this section the terms “architect,” “engineer,” “land surveyor,” and “consultants” shall have the same meaning as found in Section 5.68.090.
B. Where the City desires to hire an architect, engineer or land surveyor for a public improvement it owns and maintains, and a State agency will act as the lead Public Contacting Agency, as provided for in OAR 137-035-0065, the selection of the consultant shall be from among the three most qualified Consultants identified by the State Agency or from an alternative process adopted by the City, consistent with the Request for Proposals, Request for Qualifications or other solicitation document.