The URL can be used to link to this page

Title-VI-Annual-Report-2023-2024-Final-RevisedDocusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E 'F;P WSDOT Report for July 2023 through June 2024 This outline is for LPA and other governmental entities to report Title VI activities that occurred over the past year and report Title VI goals for the upcoming year. Reports must be returned on or before due date to meet eligibility requirements for federal funding. Send to TitleVl@WSDOT.wa.gov DUE DATES: Refer to Section 28.3 for scheduled reporting period and due date Contact Information Name and title of administrator (signature on Standard Assurances): Robert Putaansuu, Mayor Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4407 email address: rputaansuu@portorchardwa.gov Name and title of head of transportation -related services: Denis Ryan, Public Works Director Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4991 email address: publicworks@portorchardwa.gov Name and title of designated Title VI coordinator*: Brandy Wallace, City Clerk Mailing Address: 216 Prospect Street City: Port Orchard WA Zip Code: 98366 County: Kitsap Phone #: 360.876.4407 email address: cityclerk@portorchardwa.gov *When the Title VI coordinator changes, notify TitleVl@WSDOT.wa.gov within 30 days. To comply with Title VI requirements, each annual report submission must include signed Standard Assurances (USDOT1050.2A). Accomplishments 1. Have there been any changes to the approved Title VI Plan that have not been reported to OEO? If Yes, please submit an update to the Title VI Plan with a new signature. Port Orchard City Council adopted WSDOT's Title VI Plan on October 25, 2022. Letter of Intent to comply with WSDOT's Title VI Plan was sent to the OECR. 2. Organization, Staffing, Structure — Describe the Title VI Program reporting structure including the Title VI Coordinator, Administrative Head, and transportation -related staff. The list should include name, race, color, and national origin of each individual. Include the same details if your LPA has a volunteer or appointed board related to transportation decision making. Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Page 2 of 8 Appendix 28.93 Name Title Race/Color/National Department/Advisory Board Origin Rob Putaansuu Mayor / Title VI White Mayor Administrator Denis Ryan Public Works Director White Public Works/Transportation Committee Chris Hammer City Engineer American (immigrant- Public Works/Transportation not native/first Committee peoples), 5th generation Washingtonian, northern European ancestry (Denmark & Faroes, Norway) Brandy Wallace City Clerk/Title VI White, Caucasian Clerk's/Administration Coordinator Debbie Lund HR Manager/ADA White Administration Coordinator Nick Bond Director of Community White Community Development Development/ROW Rep. Mark Trenary Councilmember Caucasian Transportation Committee Scott Diener Councilmember White, US Origin Transportation Committee Heidi Fenton Councilmember Caucasian Transportation Committee 000uoignEnvelope ID: 139rAs12-8so 117E Page 3 of 8 Appendix 28.93 3. Community Demographics — Using a map of the LPA's boundaries, describe the demographics of the LPA's service area (e.g, race, color, national origin, low-income). List, by individual languages, the percent ofthe popu|ation(s) that islimited English proficient. Using the ArcG|SOnline map for the City ofPort Orchard, and Data USA for low-income information: � U,tifl,d ,p L.y~ .' d Ci� 1=~ - .~1"�~ q_ � 1 : � ".~ u * 12.1%ofthe population lives below the poverty line * VVhite7Z.2O% * Two ormore raoes$1S.61% * Asian 5.42Y6 * Other race ZZ4Y6 * Native Hawaiian or Pacific Islander 2.06% * Black orAfrican American 1.87% * Native American 0.S2% ^ ^�. ~^ m.^"�p V—'°~ ^ � � 1.~OW=0111. � .~_ 4 ___ � _N-1 � \ , ~~ 5M 75% � ~=~ ' N Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Page 4 of 8 Appendix 28.93 Port Orchard Language 90.33% of Port Orchard residents speak only English, while 9.67% speak other languages. The non-English language spoken by the largest group is Asian and Pacific Island languages, which is spoken by 4.15% of the population. 4. Complaints — Provide a copy of the LPA's Title VI complaint log, including new Title VI complaints received during this reporting period and any still pending. Include the basis of the complaint (race, color, national origin) and describe the disposition (status/outcome). No complaints were received. 5. Planning — Describe the transportation planning activities performed this reporting period. Describe the actions taken to promote Title VI compliance regarding transportation planning, including monitoring and review processes, community involvement, their outcome or status. Include examples of community outreach. City Transportation Plan updated as part of the City's annual Comprehensive Plan amendments and Budget process. 6. Right-of-way actions — Describe activities during this reporting period associated with the purchase, sale, lease/use, or transfer of real property (related to highway transportation/public right-of-way use). Include demographic information of affected populations. For example, the race, color, national origin of affected property/business owners(s)/tenant(s). Pottery Non -motorized Project —State TIB Complete Streets Program Funded. None of the people affected were reported to be minorities. "Please see the attached FHWA Stats Report. 7. Identify right-of-way appraisers and acquisition staff (used during this reporting period) by race, color, national origin. Bay Street Pedestrian Pathway Segments 6 toll project— City Funded. Tierra Right -of -Way Services. No acquisitions completed this year, others in progress. Marge Bailey and Leslie Findley - American Caucasian Bethel Phase 1 Project —City funded. Tierra Right -of -Way Services. Completed rights of access. Acquisitions planned for future years. Marge Bailey and Leslie Findley - American Caucasian Pottery Non -motorized Project —State TIB Complete Streets Program Funded. Common Street. Completed acquisition fronting two residential parcels. Randy Johnson - American Caucasian. "Please see the attached FHWA Stats Report. Docusign Envelope ID: 1397AE1 2-8EBF-4C38-A664-6580AA7C1 17E Page 5 of 8 Appendix 28.93 8. Studies and Plans — Were any transportation studies (including environmental reviews) conducted or transportation plans completed during this reporting period? Identify the data source(s) and provide data summary (Title VI/Environmental Justice Analysis) relative to ethnicity, race, languages spoken, neighborhoods, income levels, physical environments, and/or travel habits. Explain how data was used in these studies/reviews/plans. Bay Street Pedestrian Pathway West Study— Federal STP(U) funded. Study pathway alignment alternatives and non -motorized connectivity. 9. Project Location and Design — Provide a list of construction projects that began during this reporting period. Using a map of the LPAs service area, identify project locations, and a brief description of the projects' benefits/burdens to affected populations. If possible, provide a map that overlays projects with the racial composition of affected neighborhoods. Sidney Non -Motorized Project — Safe Routes to Schools Program funded with State dollars. Design Phase. Bike lane, sidewalks, and tied utility improvements. The traveling public and Ruby Creek neighborhood will be affected by traffic control for about 6 months. Awarded consultant agreement and began data collection and coordination/ outreach with School District. 10. Other Public Meetings — List other public meetings held during this reporting period. Identify efforts used to encourage citizen participation at those meetings. Detail dates, times, locations, attendance, and provide examples of outreach materials. The Transportation Committee meets the 4th Tuesday of each month at 4:30pm via Zoom. The public typically does not attend, but the public has the option to attend remotely. There have been instances when a couple citizens attended through the remote link. An agenda is posted the Friday before each meeting with topic and date information. The public is encouraged to attend via Zoom, and can also provide comments and questions by contacting the Public Works department. Meetings are then posted to the City's YouTube channel. Regular City Council meetings are held the 2nd and 4th Tuesday of each month at 6:30pm. A work study meeting is held the 3rd Tuesday of each month at 6:30pm. All City Council meetings livestream to our YouTube channel. Typically, all meetings have about 1 to 15 people in -person and via Zoom, and 1 to 12 people watching the YouTube live stream. Depending on the topic matter, we could have up to 20 attending. Meetings were held in -person and can also be watched virtually via Zoom. Citizens could attend by phone; by joining the meeting as an attendee through their computer, laptop, or phone; or come in person. Efforts to encourage citizen participation includes Facebook postings, email distribution lists, and sometimes telephone calls or emails. Regular City Council meetings allow citizen comments at the beginning of the meeting for items on the agenda, and at the end of the meeting for any topic the citizen would like to discuss. Citizen comments are encouraged and extremely appreciated by the Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7Cll7E Page 6of8 Appendix 28.93 Mayor, Council, and staff. The public can provide comments on any agenda item which includes all transportation contracts, presentations, and discussions. Examples of Outreach Materials: City of Port Orchard Government June 25 .4 The City Council is meeting today at 6:30pm. The agenda packet and Zoom link can be found on our website at https://portarchardwa.gov/.../june-25-2024-city-council.../ The Transportation Committee is meeting today at 4;30pm, https.//us02web.zoom.us/j/81843395000 ***Due to construction at City Hall, and pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting in a hybrid format with options for in - person attendance on the 2nd floor of City Hall, or remote viewing and participation via Zoom (link below). The meeting is streamed live on the City's YouTuhe channel. https://www.yautube,com1channel/UCFYq MXqWf7FtGETBtzFfFXg Transportation Committee Meeting Agenda February 27, 2024 4:30 p.m. Virtual *Cormnittee -,aid public to attend using Zoom • Review of Agenda. (2 minutes— 4:32) — Liaison Rya❑ • Housekeeping (10 minutes-4:42) -Liaison Ryan o Welconle new committee nlemher5. o Elect chairperson • Bethel Phase 1 (20 minutes — 5:02) — Hanmler/ Consultant SCJ Preliminary design/ alignment considerations o Discussion • Transportation Overview (20 minutes — 5:22) - Hammer o Big picture overview o Project list o Prcjectupdates • Old Clifton Intersection Improvements (10 minutes — 5:32) McCornuck Communities proposal —Mayor Putaansuu • Future Agenda Items (3 minutes — 5:35) —Chair o Bay Sheet Pedestrian Pathway 90% Design o Bay Sheet Reconstruction preliminary design presentation o Grant funding/ 2024 applications Identify members of the LPA's transportation planning and/or advisory groups by race, color, and national origin —This information is provided on the 2nd page of this document. Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Page 7 of 8 Appendix 28.93 Specify methods used to collect demographic information from the transportation -related public meetings. (Self -identification surveys, notes by staff, etc.) Include summaries of Public Involvement Forms collected at each meeting, listing the demographics of those who attended by meeting. We do not collect this type of demographic information. List any language assistance services requested. For which languages? Who provided the service? In addition, list vital documents translated during the reporting period and identify the languages. No language services were requested. 11. Transportation -related Construction and Consultant Contracts (if applicable) — Briefly describe the process used to advertise and award construction contracts during this reporting period. Include the process for negotiated contracts (e.g., consultants). 2023 City Wide Asphalt Repair Project —City and State/TIB Funded. Advertised bid for three weeks in local paper, regional trade paper, and City's bids and proposals page/ subscribed services "Builder's Exchange". Our adopted Procurement Policy is attached. 12. Describe the actions taken to promote construction contractor/consultant compliance with Title VI by construction contractors/consultants, including monitoring and review processes, and their outcomes/status (e.g. what Title VI language was included in contracts and agreements; were contractors and consultants reviewed to ensure compliance; what Title VI responsibilities are explained to contractors and consultants?) Clauses and applicable appendices are included in all advertisements, agreements, and contracts. By signing these agreements and contracts that include Title VI provisions, those entities agree to the provisions of the agreement or contract they are legally obligated to. 13. List construction, right-of-way, and consultant contracts with your LPA/MPO/entity for this report period with dollar value of each. Identify funding sources (federal, state, local, other), and how many were awarded to certified disadvantaged contractors (as a prime contractor/consultant). Construction: Citywide Asphalt Repair — Miles Sand and Gravel ($567,629) Not WDBE City and State TIB funded. Consultant Agreements: Bay Street Pathway Project — Tierra Right -of -Way Services, Ltd. ($174,877.87) Not WDBE City funded. Bethel Lincoln Round -about Project — Skillings, Inc. ($734,354.00) Not WDBE Federal HSIP program and State TIB/ UAP program funded. Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Page 8 of 8 Appendix 28.93 Bethel Phase 1 Project — SCJ, Inc. ($344,813) Not WDBE City funded. Bay Street Pedestrian Pathway West Situational Study — KPFF ($560,104) DBE, 16% goal Federal STP(U) funded 14. Education & Training — Describe actions taken to promote Title VI compliance through education and trainings, including monitoring and review processes, and their outcomes/status. WSDOT Olympic Region Highways and Local Programs half annual update presentation. List Title VI training/webinars your Title VI Coordinator attended this reporting period. Include dates and entity that conducted the training. None When was Title VI internal training provided to staff? Who conducted the training? What was the subject of the training? Provide the job titles and race/color/national origin of attendees. No training provided. List other civil rights training conducted locally. Provide dates and a list of participants by job title and Title VI role, if applicable. None Title VI Goals for Upcoming Year What area(s) of Title VI does your agency plan to focus on in the upcoming year? Describe by particular program area what your agency hopes to accomplish. Include any significant problem areas to focus on and plans to address those. Continue to attend available Title VI related training opportunities provided by FHWA and WSDOT. Provide the Title VI language in advertisements and public Meeting notices for transportation planning meetings and hearings. Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The City of Port Orchard (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Washington State Department of Transportation (WSDOT), is subject to and will comply with the following: Statutory/Regulatory Authorities Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, 'for which the Recipient receives Federal financial assistance from DOT, including the Washington State Department of Transportation. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal -Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The City of Port Orchard, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the City of Port Orchard also agrees to comply (and require any sub - recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the Washington State Department of Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by the [Washington State Department of Transportation]. You must keep records, reports, and submit the material for review upon request to [Washington State Department of Transportation, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. [The City of Port Orchard] gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Administration. This ASSURANCE is binding on Washington State Department of Transportation, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal -Aid Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. City of Port Orchard (Name of Recipient) by: b F�Signed b P1n a&A SWA, Mayor y "FZ$47n (Signature of Authorized Official) 8/26/2024 DATED Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, A Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. A Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the (the City of Port Orchard) will accept title to the lands and maintain the project constructed thereon in accordance with Title 23, United States Code, the Regulations for the Administration of Washington State Department of Transportation, and the policies and procedures prescribed by the Federal Highway Administration of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the (the City of Port Orchard) all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the City of Port Orchard and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the (the City of Port Orchard, its successors and assigns. The the City of Port Orchard, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the (the City of Port Orchard will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above -mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) 19 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the (the City of Port Orchard pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the City of Port Orchard will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the (the City of Port Orchard will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the (the City of Port Orchard) and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) C Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by (the City of Port Orchard pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non- discrimination covenants, (the City of Port Orchard) will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, (the City of Port Orchard will there upon revert to and vest in and become the absolute property of (the City of Port Orchard and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) 110 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Statistical Report for Fiscal Year 2023 (October 1, 2022 - September 30, 2023) Local Agency Name: Part A. Real Property Acquisition (Permanent & Temporary Rights) Line 1. Report all parcels acquired. Report all parcels acquired during the report year where title or possession was vested in the Agency, or a sub -grantee whose project was administered by the state, during the reporting period. The parcel count reported should relate to ownerships and not to the number of parcels of different property interests (such as fee, perpetual easement, temporary easement, etc.) that may have been part of an acquisition from one owner. For example, an acquisition from a property that includes a fee simple parcel, a perpetual easement parcel, and a temporary easement parcel should be reported as 1 parcel not 3 parcels. (Included parcels acquired without Federal financial assistance, if there was or will be Federal financial assistance in other phases of the program). Line 2. Report the number of parcels reported on Line 1 that were acquired by condemnation. Report the number of parcels reported on Line 1 that were acquired by condemnation. Include those parcels where compensation for the property was paid, deposited in court, or otherwise made available to a property owner pursuant to applicable law in order to vest title or possession in the Agency, or sub -grantee, through condemnation authority. Line 3. Report the number of parcels in Line 1 that were acquired through administrative settlements. Report the number of parcels in Line 1 acquired through administrative settlement where the purchase price for the property exceeded the amount offered as just compensation and efforts to negotiate an agreement at that amount have failed. Line 4. Report the total of the amounts paid, deposited in court, or made available. Report the total of the amounts paid, deposited in court, or otherwise made available to a property owner pursuant to applicable law in order to vest title or possession in the Agency in Line 1. Part B. Residential Relocation The full amount of a relocation payment shall be reported as if disbursed in the year during which the claim was approved, regardless of whether the payment is to be paid in installments. Line 5. Report the number of permanently displaced households. Report the number of households that were permanently displaced during the fiscal year by project or program activities and moved to a replacement dwelling. The term "households" includes all families and individuals. A family shall be reported as `one" household, not by the number of people in the family unit. Line 6. Report the residential moving expenses. Report the total amount paid for residential moving expenses (actual expense and fixed payment). Line 7. Report the residential replacement housing payments. Report the total amount paid for residential replacement housing payments including payments for replacement housing of last resort provided pursuant to §24.404 of this part. Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Line 8. Report the number of households in Line 5 who were permanently displaced that required last resort housing assistance. Report the number of households in Line 5 who were permanently displaced during the fiscal year by project or program activities and moved to their replacement dwelling as part of last resort housing assistance. Line 9. Report the number of tenant households in Line 5 who purchased a replacement dwelling using downpayment assistance from the displacing project. Report the number of tenant households in Line 5 who were permanently displaced during the fiscal year by project or program activities, and who purchased and moved to their replacement dwelling using a downpayment assistance payment under this part. Line 10. Removed by FHWA Part C. Nonresidential Relocation (Including PPO's) Line 11. Report the number of permanently displaced businesses, nonprofit organizations, and farms. Report the number of businesses, nonprofit organizations, and farms that were permanently displaced during the fiscal year by project or program activities and moves to their replacement location. This includes businesses, nonprofit organizations, and farms, that upon displacement, discontinued operations. Note: This line would also include Personal Property Only Moves. Line 12. Report the nonresidential moving expenses. Report the total amount paid for nonresidential moving expenses (actual expense or fixed payment). Note: This line would also include Personal Property Only Moves. Line 13. Report the nonresidential reestablishment expenses. Report the total amount paid for nonresidential reestablishment expenses. Line 14. Removed by FHWA Part D. Relocation Appeals Line 15. Report the relocation appeals. Report the total number of relocation appeals during the fiscal year by aggrieved persons (residential and nonresidential). Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E RESOLUTION NO.073-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 042-20, EXHIBIT A, AS AMENDED, PROCUREMENT POLICIES AND PROCEDURES, PERTAINING TO CHANGE ORDER AND AMENDMENT AUTHORITY. WHEREAS, staff continues to review and update to the City's Procurement Policies and Procedures, adopted by the City Council via Resolution No. 042-20 and amended by Resolution No. 036-22, as needed; and WHEREAS, Staff have identified an urgent need to seek an amendment to the policies pertaining to the delegation of signatory authority to staff for change orders and contract amendments for public works projects, which currently require the submission of minor change orders for all contracts —including small contracts —to Council, leading to delay of projects and increased associated costs; and WHEREAS, the City Council previously authorized a limited waiver of the procurement policies to increase the delegated amount; and WHEREAS, the City Council finds it in the best interest of the City and its residents to amend the City's Procurement Policies and Procedures to provide an increase in the cap of delegated authority to staff for execution of change orders, while ensuring the responsible use of public funds; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council amends Resolution No. 042-20, Exhibit A, as amended, to read, in part, as follows: 7.0 Change Orders and Amendments A. Public Works. Upon recommendation of the department director, and demonstration that a Change Order or contract amendment is necessary and reasonable, the department director is authorized to approve any Change Order or contract amendment as follows: For all contracts greater than $35,000, the change order does not exceed the greater of: 1. 10% of the legally authorized budget limit for the applicable project; or 2. 10% of the contract amount established by the City Council, provided for the purposes of this calculation the total contract amount shall be reset Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Resolution No. 073-23 Page 2 of 2 to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual change order that is between $50,000 and $100,000 requires Mayoral approval, per Section 7.0. Any individual change order that is over $100,000 requires Council approval. For contracts with an initial budgeted value under $35,000, all change orders that individually do not exceed $7,500 and an aggregate cap of $10,000. For contracts with an initial unbudgeted value under $7,5000, all change orders that do not exceed an aggregate cap of $7,500 (excluding the underlying value), provided there are sufficient departmental funds available in the applicable budget. For example: the director may authorize a change order in the amount of $500 for a contract that had an initial value of $2,000 without Council action. B. All Departments. The Mayor is authorized to approve any and all Change Orders and contract amendments that do not exceed either 10% of the legally authorized budget limit for the applicable project or 10% of the contract amount established by the City Council, with a maximum aggregate amount of $100,000, provided for the purposes of this calculation the contract amount shall be reset to reflect new Council -approved contract totals authorized prior to the requested change order or contract amendment. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 111" day of June 2023. ATTEST: DocuSigned by: Brandy Wallace, MMC, City Clerk DocuSigned by: 3$iJCa49�E3F•6&4�B... Robert Putaansuu, Mayor RT rlrrrf�rr ay rr o'�'� SEA _ BE.. "IN111111 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Operating Procedure 501 CITY OF PORT ORCHARD Procurement Policies & Procedures 216 Prospect Street Port Orchard, WA 98366 www.portorchardwa.gov Revised 7/11/2023 Docusign Envelope ID: 1397AE1 2-8EBF-4C38-A664-6580AA7C1 17E Procurement Policies & Procedures Table of Contents PURPOSEOF POLICY................................................................................................................................4 DEFINITIONS........................................................................................................................................ 4-6 GENERALPROVISIONS.............................................................................................................................7 BUDGET SUFFICIENCY FINANCING FEDERAL AND STATE FUNDS SIGNATURE AUTHORITY COST PROCUREMENT OF GOODS AND SERVICES............................................................................................ 7-10 LOCAL BUSINESS SOLICITING SPECIFIC BRAND PURCHASING LIMITATIONS GENERAL PURCHASES PUBLIC WORKS PUBLIC WORKS PROJECTS AND PREVAILING WAGE LAWS ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE, OR SURVEYING SERVICES (A&E) PERSONAL SERVICES PURCHASED SERVICES BIDPROCEDURES............................................................................................................................... 10-13 WRITTEN QUOTES VENDOR LIST SMALL WORKS ROSTER SMALL WORKS BID PROCEDURE LIMITED PUBLIC WORKS PROCESS FORMAL COMPETITIVE BID PROCEDURES EXEMPTIONS TO COMPETITIVE BIDDING..........................................................................................13-14 SOLE SOURCE PURCHASES PURCHASES INVOLVING SPECIAL FACILITIES OR MARKET CONDITIONS PURCHASES IN THE EVENT OF AN EMERGENCY INTERLOCAL AGREEMENTS COOPERATIVE PURCHASING (PIGGYBACKING) US COMMUNITIES SHARED PURCHASING TELECOMMUNICATIONS SYSTEMS/SERVICES CHANGEORDERS.................................................................................................................................. 14 PURCHASE ORDERS................................................................................................................................ 15 CONFLICTSOF INTEREST........................................................................................................................ 15 Page 2 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E EXHIBITS.....................................................................................................................................16-20 BUDGET ADJUSTMENT REQUEST WASHINGTON STATE PREVAILING WAGE LAW PURCHASE QUOTATION SHEET SOLE SOURCE VENDOR STATEMENT PURCHASES THROUGH INTERLOCAL AGREEMENT CHECKLIST CHANGE ORDER PURCHASE ORDER Page 3 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E 1.0 Purpose of the Policy This Policy establishes guidelines for employees when purchasing goods, equipment, supplies and materials, public works projects, architecture, engineering, landscape architecture, surveying services, personal services, purchased services and contracting for services. The procedures set forth in this manual are designed to assure the citizens and elected officials that the City of Port Orchard is receiving maximum value for each tax and utility dollar expended and ensure fiscal responsibility in the procurement process, while assuring compliance with State, Federal, and City regulations and rules. This policy is dated March 31, 2017 and supersedes all purchasing directives. All references to the Revised Code of Washington (RCW), Federal Code, and/or City Ordinances, Resolutions, and personnel policies shall be incorporated as part of this policy including all future amendments. 2.0 Definitions "Architectural services" means services rendered by any person, other than a city employee, to perform activities within the scope of the professional practice of architecture ( RCW 18.08), professional practice of engineering and land surveying ( RCW 18.43), and/or professional practice of landscape architecture ( RCW 18.96). "Bid splitting" means breaking a public works project or purchase of equipment, materials, or supplies into units. The city may not break a public works project into units to avoid compliance with bidding statutes. RCW 35.23.352. "Change order" means the authority to change the scope of service, time, and/or the amount of a contract. "Contract" means a contract in writing for the execution of a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW 39.04.155. "Emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.280. "Formal competitive bid" is the process of advertising and receiving sealed written bids from prospective vendors. The lowest responsible bidder is selected and awarded the contract. This is for largest and most complex contracts and purchases that reach the defined amounts. "Informal competition" is the process of using the small public works roster or vendor list. This is for medium sized purchases and contracts up to a certain amount. "Interlocal agreement" isan agreement in which the city exercises its governmental powers in a joint or cooperative undertaking with another public agency. "Landscape architecture," as defined in RCW 18.96.030, means the rendering of professional services in connection with consultations, investigations, reconnaissance, research, planning, design, construction Page 4 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E document preparation, construction administration, or teaching supervision in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or natural drainage and erosion control. This practice includes the location, design, and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and such features as are incidental and necessary to the purposes in this chapter. Landscape architecture involves the design and arrangement of land forms and the development of outdoor space including, but not limited to, the design of public parks, trails, playgrounds, cemeteries, home and school grounds, and the development of industrial and recreational sites. "Minimal Competition" means there is no requirement to seek multiple quotes below the established threshold, and competitive bidding is not required. Price quotes may be obtained from vendors that are obtained using a variety of mediums such as phone, fax, e-mail, or writing. If the department seeks quotes, the results should be documented. This is typically used for small contracts and purchases to a certain amount. "Ordinary maintenance" is work not performed by contract and that is performed on a regularly scheduled basis (e.g. daily, weekly, seasonally, semiannually, but not less frequently than once per year), to service, check or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary. "Personal Services" are services that involve technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement, not including architecture and engineering. Examples include Graphic Design, Advertising, Consulting, Attorneys and Real Estate Services. "Piggybacking" means the use of other governmental agencies' purchasing contracts without going out for a formal competitive bid, as the other agency has already done it. "Practice of architecture," as defined in RCW 18.08.320, means the rendering of services in connection with the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions to the structures, including but not specifically limited to predesign services, schematic design, design development, preparation of construction contract documents, and administration of the construction contract. "Procurement Officer" is the public works employee designated as the purchasing agent for public works procurements. The officer ensures that the department secures the best products and services within the bid specifications consistent with City policy, federal regulations and state statute. "Professional engineer," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by his or her legal registration as a professional engineer. Page 5 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E "Professional land surveyor," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a professional land surveyor. "Public work," as defined in RCW 39.04.010, means all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city or which is by law a lien or charge on any city property. Public works projects include the related materials, supplies, and equipment to complete the project. "Purchased Service" is a service provided by vendors for routine, necessary, and continuing functions of a local agency, mostly related to physical work. "Purchase Order" is a document which authorizes the delivery of specified merchandise or the rendering of certain services and the marking of a charge for them. The City of Port Orchard is guaranteeing payment when a purchase order is provided to a vendor. "Purchasing Agent" as designated in Resolution No. 1086 means the City Clerk who is authorized to execute requests for performance bonds, vouchers involving disbursement of funds, routine purchase orders, and routine correspondence on behalf of the City. "Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals may be evaluated based upon the suitability, practicality, quality of the proposal and experience and cost, provided. price is usually not the sole evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Small Works Roster" is a roster of qualified contractors who can bid for an eligible project below $300,000. RCW 39.04.155 establishes the requirements for small works roster contracts. "Sole Source Supplier" occurs when competition among potential vendors is not possible for a particular procurement. If a purchase is clearly and legitimately limited to a single supplier, sole source procurement is appropriate. These situations often arise when an agency has specific technological requirements. Page 6 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E 3.0 General Provisions Budget Sufficiency Each Department Director must ensure that purchases are initiated only when the departmental budget is sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require a budget amendment approved by City Council. Requests for budget amendments must be submitted in writing, see Exhibit 1, and shall be forwarded to the Mayor and City Treasurer prior to seeking approval from the City Council. Financing Consistent with Resolution No. 022-12 Finance Policies, the City may finance capital equipment, vehicles, land, or infrastructure improvements. Financing recommendations shall be the responsibility of the Finance Director. Financing instruments or structures require authorization consistent with City practices and procedures prior to entering into any such arrangement. Federal or State Funds Procurement involving the expenditure of state or federal funds or grants, shall be conducted in accordance with the Code of Federal Regulations (CFR) Title 2: Grants and Agreements §200.318. General procurement standards require that the City must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards outlined in §200.318. Breaking Down or Bid Splitting Purchases Prohibited Purchases shall not be broken into multiple projects or purchases to avoid limitation requirements of State bidding statutes or City policy. Signature Authority The Mayor or designee shall sign all contracts upon approval by the City Council, consistent with RCW 35A.12.100, RCW 35A.12.190 and RCW 35A.11.020. . Purchase Cost Purchase cost includes sales tax, finance charges, delivery charges, set-up and assembly fees, and any other related miscellaneous charges. 4.0 Procurement of Goods and Services Local Business Local businesses should be encouraged to submit bids on city procurements that are open to everybody. Consistent with RCW 39.30.040, the City may award a contract to a bidder submitting the lowest bid after such tax revenue has been considered. Soliciting a Specific Brand The City may advertise for bids by specifying a particular brand name item as long as the responsible official has exercised theirjudgement and determined that a certain brand name is of higher quality or is better suited to the City's needs. There is no requirement that bid specifications naming a particular brand also include a phrase such as "or an equal brand." Page 7 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Contracting and Purchasing Limitations 1. Purchases and contracts greater than $35,000, require Council authorization. 2. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at the same time to fulfill a specific business need, which are not part of a public works project as defined by RCW 39.04.010. 3. Expenditures are required to be within budgeted authority. 4. Contracts or purchases exceeding $7,500 and are not consistent with the adopted budget require Council approval. 5. No provision prevents seeking Council approval for purchases falling within the limitations. Purchasing Purchasing refers to purchase of goods, equipment, materials, and supplies not connected with a public works project. Local and State: $7,500 and under, may use minimal competition process, informal competition process, or formal competitive bidding. $7,501- $15,000, may use informal competition process or formal competitive bidding. Over $15,000, must use formal competitive bidding. Federal: $3,500 and under, micro purchase procedures (not competitive, distributed equitably) $3,501 - $150,000, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Piihlir 1A/nrkc Public Works projects include all work, construction, building, renovation, remodeling, alteration, repair, or improvement, other than ordinary maintenance, of real property; as defined in RCW 39.04.155(1) Local and State: Over $350,000, must use formal competitive bidding. $75,500 and over (single craft) or $116,155 and over (multiple craft), up to $350,000, may use a small public works roster, or formal competitive bidding. Under $75,500 (single craft) or $116,155 (multiple craft), may use the above methods or day labor, informal competition, or may obtain three telephonic, electronic or written quotations. Under $50,000, may use the above methods or limited public works process Under $10,000, may use the above methods or may obtain a single telephonic, electronic or written quotation. Page 8 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Federal: $150,000 and under, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Public Works Proiects and Prevailing Wage Laws Public works projects ("...all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city..."), including maintenance when performed by contract, are governed by Chapter 39.12 RCW Prevailing Wages on Public Works requirements, regardless of contract amount. It is the responsibility of the contracting employee to notify the vendor of prevailing wage requirements and obtain compliance documentation prior to awarding any public works contract. Public works contracts will only be awarded to contractors who document compliance with the Washington State Prevailing Wage Law. The department head or designee managing the project is responsible for collecting compliance documents. Failure to follow prevailing wage laws will result in delayed or denied payment to the vendor. The City cannot pay for public works projects that are in violation of prevailing wage laws. (See Exhibit 2.) Architectural, Engineering, Landscape Architecture, or Surveying Services WE) Services Professional architecture and engineering (A&E) services are services provide by any person, other than an employee of the City, that fall under the general statutory definitions as set forth in Section 2 "Definitions" of this policy. These services must follow the same qualifications -based selection (QBS) process outlined in RCW 39.80. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Roster and will adhere to the requirement of RCW 39.04.190. Local and State: The City may solicit competitive bids and evaluate them based on qualifications, without regard to cost. Federal: Over $150,000, Competitive Proposals Non-A/E Professional Services Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering services, which have their own requirements. For example, comprehensive plans, legal services, and management analyses. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters, and where applicable will adhere to the requirement of RCW 39.04.190. Local and State: Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), minimal competition, seek written quotes (where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding. Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use Page 9 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E formal competitive bidding. Federal: Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures. Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids. Purchased Services Purchased services are those provided by vendors for routine, necessary, and continuing functions mostly relating to physical activities. These services are usually repetitive, routine, or mechanical in nature, support the City's day-to-day operations, involve the completion of specific tasks or projects, and involve minimal decision -making. For example delivery/courier service, herbicide application, recycling/disposal/litter pickup service, vehicle inspection, lubricating and repair services. Local and State: $25,000 and under, may use minimal competition, seek written quotes, use consultant roster, or formal competitive bidding. Over $25,000, must use formal competitive bidding Federal: $150,000 and under, may use small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids 5.0 Bid Procedures Written Quotes Small contracts or purchases requiring written quotes must be documented on a quote sheet. Quote sheet is included as Exhibit 3. Vendor List RCW 39.04.190 allows the use of informal vendor lists. A vendor list is a directory, maintained by a local government agency, of vendors who are interested in selling equipment, materials, and supplies to the agency. The City may create multiple vendor lists for different types of products. When using the vendor list, the city should secure quotes from at least three of the vendors on the list, if possible, and award the contract to the lowest responsible bidder. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Vendor Roster and will adhere to the requirement of RCW 39.04.190. Small Works Roster Local and State: RCW 39.04.155(1) provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property. The Small Works Roster may be used for public work projects valued at $350,000 and below in lieu of formal bidding. Use of the Small Works Roster allows the City to avoid the advertisement requirements of the formal competitive process. All other bidding requirements are the same. Page 10 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Small Public Works Roster and will adhere to the requirement of RCW 39.04.190. Federal: If any federal funds are used to pay for all or a portion of the cost, the City must use the formal bidding process at the federal threshold of $150,000. Small Works Bid Procedure 1. Invitations for Quotations. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Number of contractors invited. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($350,000), a state agency or local government that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought pursuant to RCW 39.04.155 (2)(c) 3. Vendors/contractors selected from the Small Works Roster are not relieved from observing applicable legal requirements such as those relating to Performance Bonds, Prevailing Wages, Labor and Material Bonding, etc. 4. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 5. As required by RCW 39.04.200, every even numbered month, the City must post a list of contracts awarded from the small works roster over at least the previous two months. The list must contain the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the date of the award. Limited Public Works Process (RCW 39.04.155(3)) For limited public work projects may award a contract for work, construction, alteration, repair, or improvement projects with an estimated cost of $50,000 or less, the city may use the limited public works process described below in lieu of the small works process. 1. Invitations for Quotations. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Page 11 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E 2. Number of contractors invited. Electronic or written quotations shall be solicited from a minimum of three contractors from the appropriate small works roster and the city shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. 3. Notification of Award. After an award is made, the quotations shall be open to public inspection and available by electronic request. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. 4. Vendors/contractors selected using the Limited Public Works Process are required to comply with prevailing wage and insurance requirements. Formal Competitive Bid Procedures 1. Publication of Notice. The requesting department director (or designee) will publish the Call for Bids in the official newspaper or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. 2. Notice Contents. Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to estimate their bids. At a minimum, a bid notice for public works must include: • Project title; • Nature and scope of work; • Where contract documents (plans and specifications) can be reviewed or obtained; • Cost to obtain a set of contract documents; • Place, date, and time that bids are due; • Statement that a bid bond must accompany the bid; • Statement that the City retains the right to reject any and all bids and to waive minor irregularities in the bidding process; • Statement that the contract involves "public work," and that workers shall receive the prevailing rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW); • List of the applicable prevailing wage rates; and • Statementthat the City is an equal opportunity employer and invites responsive bids from all qualified responsible bidders. In addition, providing evaluation criteria; minimum qualifications; date, time, and location of pre -bid conference (if applicable); name, address, and telephone number of the project contact; and number of required copies will help bidders prepare responsive submittals. 3. Acceptance of Bids. Bids are submitted to the City Clerk, where they are time and date stamped and held until bid opening. Page 12 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E 4. Bid Opening. City Clerk on the day the bids are due, will open all sealed bids and read each bid out loud. 5. Report on Bids. The City Clerk, or designee, will prepare the Bid tab sheet and provide it to the responsible department director. The responsible department director will provide a recommendation on all bids received. 6. Bid Award. The City may select the qualified vendor whose proposal is most advantageous to the City, with price and other factors considered. 7. Rejection of Bids. The City reserves the right to reject any bid not in substantial compliance with the bid documents, or all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. The following shall apply to bid solicitations: • Selection of a winning offer is based primarily on lowest responsive bid. Quality and expertise, however, must also be a consideration. • To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and conditions, when practical. The Public Works Department will maintain templates for bid - related documents for use by departments. • Minimum qualifications are stated to ensure respondents are reasonably qualified. Minimum qualifications cannot be used to eliminate qualified vendors. Minimum qualifications should be tested against the marketplace to ensure they aren't overly restrictive. • When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's intent, scope, specifications, and terms. Interested companies should be encouraged to attend. 6.0 Exemptions to Competitive Bidding Section 39.04.280 RCW provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. Competitive bidding requirements may be waived for: Sole Source Purchases Purchases that are clearly and legitimately limited to a single source of supply (Sole Source Vendor): If, after conducting a good faith review of available resources, the requesting department director determines that there is only one source of the required materials, supplies, or equipment, a purchase contract may be awarded without complying with established bid requirements. The requesting department director must complete the Sole Source Vendor Statement form, attached as Exhibit 4, and must be filed with the contract. Purchases involving special facilities or market conditions The Mayor may waive established bidding requirements if an opportunity arises to purchase favorably - priced equipment at an auction, or supplies or used goods that will be sold before the City can conduct the bid process. Page 13 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Purchases in the event of an emergency If an emergency situation has been declared, the Mayor may waive competitive bidding requirements and the City may award all necessary contracts to purchase goods, materials, or services to address the emergency situation. Purchase order(s) must be properly documented as pertaining to an emergency as soon as possible following the event. If a contract is awarded without competitive bidding due to a declared emergency, the City Council must adopt a resolution certifying the emergency situation existed no later than two weeks following the award of the contract. Intergovernmental Purchases and Piggybacking The City may make purchases using another local, state, or federal agency's purchasing contract, a process known as "piggybacking". The host entity and the City of Port Orchard must follow the statutory contracting requirements and post solicitations online, as outlined in RCW 39.34. In addition, City staff should use the Purchases through Interlocal Agreements checklist, attached as Exhibit 5. Telecommunication Systems/Services The City may acquire electronic data processing or telecommunication equipment, software, or services through competitive negotiation rather than through competitive bidding as outlined in RCW 39.04.270. 7.0 Change Orders A. Public Works. Upon recommendation of the department director, and demonstration that a Change Order or contract amendment is necessary and reasonable, the department director is authorized to approve any Change Order or contract amendment as follows: A. For all contracts greater than $35,000, the change order does not exceed the greater of: 1. 10% of the legally authorized budget limit for the applicable project; or 2. 10% of the contract amount established by the City Council, provided for the purposes of this calculation the total contract amount shall be reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual change order that is between $50,000 and $100,000 requires Mayoral approval per Section7.0. Any individual change order that is over $100,000 requires Council approval. B. For contracts with an initial budgeted value under $35,000, all change orders that individually do not exceed $7,500 and an aggregate cap of $10,000. C. For contracts with an initial unbudgeted value under $7,500, all change orders that do not exceed an aggregate cap of $7,500 (excluding the underlying value), provided there are sufficient departmental funds available in the applicable budget. For example: the director may authorize a change order in the amount of $500 for a contract that had an initial value of $2,000 without Council action. All Departments The Mayor is authorized to approve any and all Change Orders and Contract Amendments that do not exceed either 10% of the legally authorized budget limit for the applicable project or 10% of the contract amount established by the City Council, with a maximum aggregate amount of $100,000, provided for the purposes of this calculation the contract amount shall be reset to reflect new Council -approved contract totals authorized prior to the requested change order or contract amendment. Page 14 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Change Orders in Excess of City Council Authorized Budget Appropriations. Upon recommendation of the department director, and demonstration that a Change Order is necessary, the responsible department director shall submit to the City Council a Change Order Request to include the amount of requested funds and a written justification describing why the additional funds are necessary and the benefits to be derived. A request for budget amendment shall accompany the Change Order. If the City Council approves the Change Order Request, the responsible department director shall take the necessary actions to enact the Change Order and complete the work in an expeditious manner in accordance with the City Council's direction. If the City Council denies the Change Order Request, the responsible department director shall report back to the Mayorand City Council with options as to howto accomplish the project/contract within the funds allocated. Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or expeditious action necessary to protect or maintain the public health, safety, or welfare; or to prevent damage to public or private property, and with approval of the Mayor, department directors are authorized to enact Change Orders in excess of the legally authorized expenditure level. The responsible department directorshall timely report such actions to the City Council. 8.0 Purchase Orders The City Clerk is authorized to execute requests for routine purchase orders as stated in Resolution No. 1086. Routine purchase orders are used to detail the terms of the purchase, including the items purchased, the price, delivery date, and terms of payment. Purchase Orders are available to vendors and suppliers when there is an agreement to deliver purchased items prior to payment, with the purchase order serving as a guarantee of future payment. Once a purchase order is generated, an in -progress purchase is created. The order remains in progress until the ordered items have been delivered and paid. Attached as Exhibit 7. 9.0 Conflicts of Interest City officers, employees, and agents may not participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. This provision encompasses procurement expending federal, state, or local funds. Such officers, employees, and agents may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, subcontractors or other parties consistent with Chapter 42.52 RCW Ethics in Public Service. Unsolicited items of nominal value are restricted to the provisions of RCW 42.52.150. Employees violating these provisions are subject to disciplinary action commensurate with the severity of the violation, ranging from a letter of reprimand to termination of employment. Disciplinary actions shall be governed by Improper Governmental Action Policy Chapter 11 City of Port Orchard Personnel Policies consistent with applicable Federal law and the standards outlined in the Code of Federal Regulations Title 2; Grants and Agreements §200.318; and applicable state statutes. Page 15 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Budget Adjustment Reauest EXHIBITS CITY OF PORT ORCHARD CURRENT YEAR BUDGET ADJUSTMENT REQUEST To: City Treasurer Date: Please transfer the following revenues and/or appropriations: Exhibit 1 Decrease (from) Increase (to) category acct. number amount category acct. number amount Reason: Requested By: (Department Director) 1. To: City Treasurer Comments: Approved Not Approved Signature 2. To: Mayor Comments: Approved 3. To: Finance Department Adjustment Recorded: AJ#_ Prepared By: Not Approved Signature Date: Date: Date: Approved By: Page 16 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Washington State Prevailing Wage Law Exhibit 2 CITY OF PORT ORCHARD WASHINGTON STATE PREVAILING WAGE LAW The Prevailing Wages on Public Works Act (Chapter 39.12 RCW) requires that employees of government contractors be paid prevailing wages for all public work. Agencies awarding public works contracts include state agencies, counties, municipalities and all political subdivisions of the state. All public agencies, contractors performing public work, and construction workers on public works construction should be aware of their rights and legal responsibilities. Failing to comply with the provisions of Chapter 39.12 RCW may subject contractors and/or public agencies to liability for all unpaid prevailing wages and penalties. The Department of Labor and Industries (L&I) administers the prevailing wage law. The Office of the Attorney General provides legal counsel to L&I and prosecutes violators. The State Auditor's Office ascertains if a public agency's policies, procedures and practices meet the requirements of the law. Do not rely on this plain language description without reading the laws and regulations. The informal discussions below are meant to be helpful when read in conjunction with the laws and WAC rules. They are not meant to be a substitute for reading and understanding the laws. After reading the laws and regulations, please do not hesitate to contact the Prevailing Wage Office with any questions you may have. The Prevailing Wages on Public Works Act Enacted in 1945, the Washington State Public Works Act, also known as the "prevailing wage law", is a worker protection act. It requires that workers be paid prevailing wages when employed on public works projects, and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010, and RCW 39.12.020) The Public Works Act is modeled after the federal Davis -Bacon Act, which was enacted to protect the employees of contractors performing public works construction from substandard earnings, and to preserve local wage standards. The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive, administrative or professional in nature. For example, the Act does not apply to the work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing Wage application depends on the work that is performed, regardless of the worker's job title. Any doubts or questions regarding the applicability of the prevailing wage law should be directed to the Prevailing Wage Office. (RCW 39.12.020 and WAC 296-128-510 through 530) What Is Public Work? Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) What Is Prevailing Wage? Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor and Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. Page 17 of 23 Docusign Envelope ID: 1397AE1 2-8EBF-4C38-A664-6580AA7C1 17E Awarding Agencies' Responsibilities l . Contracts for Public Work: Employers are not responsible for making the legal determination of whether a contract does or does not meet the defmition of a "public works" contract. Public agencies, in awarding a contract, must make the determination of whether that contract involves "public work" and communicate it to the employers in the bid specifications and contracts. The law does not allow public agencies to place this burden upon the employer. For example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable". Agencies should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the applicability of the statute. (RCW 39.04.010, RCW 39.12.030, RCW 39.12.040, and RCW 39.12.042) 2. Prevailing Wage Provisions: Awarding agencies must stipulate in bid specifications and contracts for public work that workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain wage rate information. RCW 39.12.030 3. Public Building Service Maintenance Contracts: Public building service maintenance (janitorial) contracts of more than one year duration must include wage language recognizing the potential for future variance in applicable prevailing wages each year after the first year of the contract. RCW 39.12.020 and WAC 296-127-023 4. Disbursal of Public Funds: Agencies may not make any payments where employers have not submitted an Intent form that has been approved by the Industrial Statistician. Agencies may not release retainage until all employers have submitted an Affidavit form that has been certified by the Industrial Statistician. The requirement to submit these forms should also be stated in the contract. RCW 39.12.030, RCW 39.12.040 and RCW 39.12.042 5. Turnkey Projects (lessee/lessor relationships between public and private parties): Prevailing wages must be paid for any work, construction, alteration, repair or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more state agencies or municipalities. RCW 39.04.260. It is the responsibility of the awarding agency to make an accurate determination as to whether the entire project falls within RCW 39.04.260 prior to entering into a lease relationship for space in a privately owned building. The determination is based on whether the awarding agency is causing the work to be performed and when at least fifty percent of the leased space is going to be occupied by one or more public agencies. If RCW 39.04.260 applies, all work performed in conjunction with the project is covered, not just the tenant improvements, and the project is subject to all provisions of RCW 39.12. Should the awarding agency fail to comply with all the provisions of RCW 39.04.260 and RCW 39.12.040, the awarding agency can be held responsible for any unpaid prevailing wages. 6. Contract Administration: Though not legally required, the following activities are recommended to ensure compliance with the Public Works Act. a. Job site inspections should be performed on a routine or periodic basis to verify compliance. These inspections should include checking to see that a copy of the Intent is posted at the job site. Workers should be randomly interviewed to verify that prevailing wages are received. Apprentice workers should be asked to show their registration cards. b. References should be checked when the agency is empowered to select the lowest responsible bidder. The department can advise an agency regarding an employer's history of wage claims. Check the Contractor Debarment List to find out if a contractor is debarred from bidding on public works projects. c. Verify Contractor Registration Status and Verify Workers' Compensation Premium Status. Find out whether a contractor or other employer has an industrial insurance (workers' compensation) account with L&I and that their premiums are up to date. Page 18 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Purchase Quotation Sheet Exhibit 3 CITY OF PORT ORCHARD PURCHASE QUOTATION SHEET Purchases of $7,500 or more require three (3) quotations which will become a part of the purchase request. Purchase Order Number: Quote Required By: (Date) (Time) Name of Person Requesting: Commodity: Buyer: Required Delivery Date: Ship to Address: City: State: Zip Co de: ITEM NO. QTY UNIT SPECIFICATIONS BIDDER 1 BIDDER 2 BIDDER 3 Company: Company: Company: Contact: State: Contact: State: Contact: State: Telephone Number: Telephone Number: Telephone Number: Fax Number: Fax Number: Fax Number: Quote Date: Quote Date: Quote Date: PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price Total Price Total Price Total Price Page 19 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Sole Source Vendor Statement CITY OF PORT ORCHARD SOLE SOURCE VENDOR STATEMENT Date: To: City Clerk's Office to file with contract From: Fill — in department name and name of person signing this form To Whom It May Concern: Exhibit 4 This form justifies the proposed sole source purchase described below. In accordance with State of Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment, supplies and services by competitive means when the purchase is in excess of $7,500. However, in unusual circumstances the competitive process may be waived and sole source purchasing approved, provided the requesting party can adequately justify its use. Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of sole source purchases shall be limited only to those specific instances which are totally justified to satisfy compatibility or technical performance needs. If one of the reasons 1 through 3 below applies to this purchase, you need only to check the applicable reason and describe item being purchased below. If reason 4 apply, please provide the item description and explanation below. 1. [ ] Licensed, copyrighted, or patented products or services that only one vendor provides. 2. [ ] New equipment or products that must be compatible with existing equipment or products. 3. [ ] Proprietary or custom-built software or information systems that only one vendor provides. 4. [ ] Products or services where only one vendor meets the required certifications or satutaory requirements. Item Description: If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is rarnmmonr,nt+ Signed Department Director or Designee Page 20 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Purchases through Interlocal Agreements CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: Interlocal Agreement with (government agency or Purchasing Co -Op name): Item Description: Do you have an Interlocal agreement signed with the Contract (host) Agency? ❑ If yes, where is it filed: ❑ If no, get a mutually signed Agreement in place before you continue. Exhibit 5 State OSP Contract No.#: If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Re wired Compliance Is the Host agency a public agencyi? 0 Yes 13 No If Yes, what state laws apply to Host Agency: Does the host agency have a requirement 17 Yes 0 No Federal and State contract rules usually to run a newspaper ad in their local paper don't require a newspaper ad. For others, and did they comply attach the ad or place into the file Did they list on the public agency's 0 Yes 0 No If Yes, state when and the address, and website? proof of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the 0 Yes 0 No If Yes, obtain documentation to support Host agency's state procurement laws? answer from Host Agency. If No, you cannot use the bid. 1 RCW 39.34.020 (1), "public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state. Page 21 of 23 Docusign Envelope ID: 1397AE12-8EBF-4C38-A664-6580AA7C117E Exhibit 6 CITY OF PORT ORCHARD Authorization for Change Order No. Date: Contractor: Project: Contract / Job # THIS CHANGE ORDER AUTHORIZES THE FOLLOWING CHANGES TO THE CONTRACT: Amount Contract History Sales Tax Total Date Appvd by Original Contract $0.00 $0.00 $0.00 Change Order 1 $0.00 $0.00 $0.00 Total Contract $0.00 $0.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Public Works Director Printed Name & Title Printed Name Public Works Contracts Greater than $35,000: Change Orders that do not exceed 10%, with a maximum of $50,090, of either legally authorized budget limit or contract Approved: Mayor amount established by City Council can be approved by the Public Works Director. Total Contract Amount shall reset to reflect new Council -approved contract totals Attest: authorized prior to the requested change order. $50,000-$100,000 require Mayoral City Clerk Approval. $100,000 and over require Council Approval. Public Works Contracts under $35,000, change orders that individually do not exceed Council Approval Date $7,500 with an aggregate cap of $10,000. Public Works Contracts unbudeeted and under $7,500: All Change Orde3rs that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are departmental funds available in the budget. All Departments: Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval. Page 22 of 23 Docusign Envelope ID: 1397AE1 2-8EBF-4C38-A664-6580AA7C1 17E Exhibit 7 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@portorchardwa.gov Ordered By. PURCHASE ORDER'S P.O. No. Date:. Ship To: Authorized Signature: City Clerk or Authorized Representative Signature Qty Unit Price Total THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE Subtotal Sales Tax (9.3%) Bal Due Page 23 of 23