ADMINISTRATIVE RULES FOR RECOVERING THE COSTS OF ENGINEERING AND SUPERINTENDENCE SERVICES FOR PUBLIC SEWER IMPROVEMENT PROJECTS DURING THE CONSTRUCTION PHASE
Administrative Rules Adopted by Council
TABLE OF CONTENTS
3. Guiding Principles
4. Cost Recovery Practices
Appendix A - Background Information
These are administrative rules of the Bureau of Environmental Services (BES). For background information regarding these rules, see Appendix A.
These administrative rules are intended to provide clear and consistent guidance for the recovery of engineering and superintendence costs during the construction phase incurred by the Bureau of Environmental Services to permit, inspect and accept improvements to the public sewer system. See administrative rules in TRN-9.07 for cost recovery during the design phase.
City Council adopted these rules via Ordinance No. 179274. Ordinance No. 187486 amended these rules and granted the Director of the Bureau of Environmental Services the authority to adopt future amendments to them. Portland City Code Section 3.13.040 further establishes the authority of the Director of the Bureau of Environmental Services to adopt administrative rules.
3. Guiding Principles
The Bureau of Environmental Services will be guided by the following principles when implementing these administrative rules:
A. Cost recovery methods will be transparent, well documented and easily explainable to permittees.
B. Cost recovery methods will be consistent with the best management practices of municipal utilities.
C. Cost recovery methods will be undertaken in a manner that promotes administrative efficiency, effectively recovers the Bureau’s engineering and superintendence costs, and assesses costs equitably and accurately to permittees.
4. Cost Recovery Practices
1. At the end of the design phase, the person desiring the permit must submit a deposit. The deposit will be based on the estimated Bureau costs of engineering and superintendence for the construction phase as determined by the Chief Engineer.
2. Estimated Bureau costs may include, but are not limited to, required staff time, materials and supplies, services, equipment and other assets, administrative costs and overhead.
3. The Bureau will use the same method for calculating the estimated Bureau costs as that used to determine the final costs of engineering and superintendence services.
4. All deposits must be made prior to permit issuance.
B. Accounting Requirements.
1. The Bureau will maintain detailed cost recovery records for each public sewer improvement permit.
2. Records will include staff hours, expended materials and supplies, services, the use of equipment and other Bureau assets, and any other documents that support the final calculation of charges.
C. Final Charges.
1. Prior to the issuance of the certificate of completion, the Chief Engineer will calculate final engineering and superintendence charges based on Bureau records of staff time, materials and supplies, services, equipment and other Bureau assets expended on behalf of the public sewer improvement project, administrative and other costs, and overhead.
2. The Bureau will limit billable overtime hours to overtime work performed at the request of the permittee or in response to events caused solely by or on behalf of the permittee. The permittee will be given reasonable prior notice of instance requiring the use of overtime labor.
3. Materials consumed will be at actual cost including delivery to the City.
4. Services from other City bureaus will be at actual cost determined in accordance with Portland City Code Section 5.48.070.
5. Services provided from non-City sources will be at actual cost to the City.
6. Motorized equipment, trailers, etc., will be actual time at rates for each particular class of equipment established by the Director of the Bureau of Environmental Services.
7. The Chief Engineer will calculate the final charges as set forth above. Any remaining balance, after payment of all costs, will be returned to the permittee. If additional funds are required of the permittee, they must be paid prior to the issuance of the certificate of completion.
APPENDIX A—Background Information
ENB-4.11 contains administrative rules whose substance was originally adopted by City Council via Ordinance No. 179274 in May 2005. The original rules addressed the recovery of Bureau of Environmental Services costs associated with engineering and superintendence services provided during the design and construction phases of public sewer improvement projects.
In December 2015, City Council adopted TRN-9.07, new temporary rules governing certain aspects of the City’s public works permitting, via Ordinance No. 187486. At that time, City Council also made corresponding temporary changes to ENB-4.11, deleting design-phase elements of ENB-4.11, since those were addressed in the new TRN-9.07. Further, City Council directed Portland’s public works bureaus to complete permanent public rulemakings for TRN-9.07 and ENB-4.11, to solicit public comment and make versions of those rules permanent. A rulemaking circulated for public comment in Fall 2016 resulted in the current permanent version of ENB-4.11, whose substantive provisions are identical to those adopted by City Council in December 2015.
Ordinance No. 179274, passed by City Council May 25, 2005 and effective June 24, 2005.
Amended by Ordinance No. 187486, passed by City Council December 9, 2015 and effective January 8, 2016.
Amended by Director of Bureau of Environmental Services April 6, 2017.