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Home My WebLink About08/23/2017 AGENDA PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280 ***AMENDED*** AUGUST 23, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, the items will be placed on the September 6, 2017 City Council Meeting Agenda... A. MAYOR'S "CITIZEN APPRECIATION" AWARD — Presentation to Michael Bencik in recognition for his years of service on the City of Bremerton ADA Committee — Mayor Patty Lent B. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Resolution to grant Consent and Approval of Ownership from Wave HoldCo, LLC to Radiate Holdings, L.P. 2. Addition of a Part Time (0.5 FTE) "Producer' Position in BKAT for 2017 and 2018 3. Ordinance to amend Section 5.02.040 of the Bremerton Municipal Code (BMC) entitled "Definitions" under Chapter 5.02 entitled "General Business Licenses" 4. Ordinance to amend Section 7.08.030 of the Bremerton Municipal Code (BMC) entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities" 5. Contract Modification No. 1 to the Professional Services Agreement with SAFEbuilt Washington, LLC for Plan Review and Examination Services; and authorize 2017 Budget Adjustment 6. Acceptance of a $300,000 United States Environmental Protection Agency (US EPA) Brownfields Community -Wide Assessment and Area -Wide Planning Grants; and authorize 2017 Budget Adjustment 7. Professional Services Agreement with Stantec Consulting Services, Inc. for administration of the US EPA Brownfields Community -Wide Assessment and Area -Wide Planning Grant 8. Interlocal Agreement with Kitsap County for Traffic Engineering Services C. INFORMATION BRIEFINGS 1. Residential Street Program Expectations and Expenses — City Engineer Tom Knuckey 2. City of Bremerton Parking Plan for 2018 Budget — City Clerk Shannon Corin 3. Council Goal No. 8: "Increasing Regional Influence" (Update on Invitation from Kitsap Regional Coordinating Council (KRCC) to Rejoin) — President Younger 4. Update on City Hall Space Planning — Mayor Patty Lent; and Public Works Director Chal Martin D. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (08/21/17 Meeting) — Vice Chair Leslie Daugs o Finance & Investment Committee Briefing (08/22/17 Special Meeting) —Chair Richard Huddy o Other General Council Business E. EXECUTIVE SESSION Added 10 -Minutes to discuss Pending Litigation under RCW 42.30.110 (1) (i) No action anticipated... F. ADJOURNMENT OF STUDY SESSION ®Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Adoption of Resolution No Granting consent and approval of owner transfer from Wave Holdco, LLC to Radiate Holdings, L.P. Study Session Date: August 23, 2017 COUNCIL MEETING Date: Seatember 6. 2017 Department: Presenter: Phone: Finance - BKAT Char Burnette (360) 473-5011 SUMMARY: WAVE Broadband holds a cable franchise agreement with the City of Bremerton. Section 15 Franchise Transfer of the agreement requires the Cable Company to notify the City of a change in ownership, that the buyer can show financial, legal and technical ability to continue the franchise, and City Council consents to the transfer of ownership by resolution. Radiate Holdings, L.P has entered in to an agreement to acquire all outstanding membership interests of WAVE Broadband's parent Company, WAVE Holdco, LLC. Legal, Finance and BKAT have reviewed the documents finding form FCC 394 to be in order. Radiate Holdings, L.P. intends to honor the current Franchise Agreement with no changes, and has the ability to continue cable service. Staff recommends approving the transfer of ownership. ATTACHMENTS: BKAT memo, Letter from Wave Holdco, LLC and Radiate Holdings, L.P Resolution No granting consent and approval of the City of Bremerton to change ownership. FISCAL IMPACTS (Include Budgeted Amount): No Financial Impacts STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda RECOMMENDED MOTION: Move to adopt Resolution No Holdco, LLC to Radiate Holdings, L.P. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ General Business ❑ Public Hearing granting consent and approval of owner transfer from Wave ❑ Deny ❑ Table ❑ Continue ❑ No Action i Bremerton* Kitsap access TELEVISION To: Charleen Burnett, Public Access Manager From: Jon Rauch, BKAT Production Administrator Re: Application for Transfer of Control from Wave Holdco, LLC to Radiant Holdco, LLC I have looked over the documents regarding the "Purchase Agreement" between Radiant Holdco, LLC and Wave Holdco, LLC. The item(s) that impacts BKAT is the franchise agreement currently in effect with WAVE and the City of Bremerton. WAVE, a subsidiary of Radiant, intends to honor all franchise agreements with no changes I recommend City Council approve this application. Jon Rauch Production Administrator Bremerton-Kitsap Access Television (360) 440-1993 (Cell) (360) 473-5012 (Office) 7266 Tibardis Road NW, Bremerton, WA 98311 • ph: (360) 308.0139 • fax: (360) 308.0239 • bkat.org June 16, 2017 Shannon L. Corin, City Clerk City of Bremerton, Washington 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Ms. Corin: On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company and an indirect wholly-owned subsidiary of Radiate Holdings, L.P. ("Radiate"), entered into an agreement to acquire all the outstanding membership interests of Wave Holdco, LLC ("Wave") from the holders thereof (the "Transaction"). WaveDivision IV, LLC, a subsidiary of Wave, currently holds a franchise to offer video service in your community. Radiate and Wave believe that the Transaction offers tremendous prospects for continued enhancements to the system and services available to customers in Bremerton. When the Transaction is consummated, only the indirect control of your community's franchisee will have changed. Your community's franchise will continue to be held by WaveDivision IV, LLC, the same legal entity that holds the franchise today. Following the closing of the Transaction, WaveDivision IV, LLC agrees that it will continue to provide service pursuant to the terms of that franchise. However, it will do so under the ownership and indirect control of Radiate. Radiate is a holding company that is majority owned and controlled by the principals of TPG Global, LLC (together with its affiliates, "TPG"). TPG has extensive experience with global public and private investments and is one of the most active private equity investors in the Internet ecosystem. Radiate, through its indirect subsidiaries RCN Telecom Services, LLC and Grande Communications Networks LLC, provides digital television, high-speed Internet, and voice communications services to approximately 656,000 subscribers in the District of Columbia, Illinois, Massachusetts, Maryland, New York, Pennsylvania, Virginia, and Texas, led by an experienced management team from Patriot Media Consulting, LLC. The Transaction will bring three smaller independent, competitive providers of video, voice and Internet services under one roof, offering even stronger competition to the larger, well- established providers in the marketplace. Following closing, Radiate will combine its resources Wave Holdco, LLC 401 Parkplace Center, Suite 500 Kirkland, Washington 98033 Radiate Holdings, L.P. -- 301 Commerce Street, Suite 3300 ,JUN Fort Worth, TX 76102 "D 'v r� F Via Fedex June 16, 2017 Shannon L. Corin, City Clerk City of Bremerton, Washington 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Ms. Corin: On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company and an indirect wholly-owned subsidiary of Radiate Holdings, L.P. ("Radiate"), entered into an agreement to acquire all the outstanding membership interests of Wave Holdco, LLC ("Wave") from the holders thereof (the "Transaction"). WaveDivision IV, LLC, a subsidiary of Wave, currently holds a franchise to offer video service in your community. Radiate and Wave believe that the Transaction offers tremendous prospects for continued enhancements to the system and services available to customers in Bremerton. When the Transaction is consummated, only the indirect control of your community's franchisee will have changed. Your community's franchise will continue to be held by WaveDivision IV, LLC, the same legal entity that holds the franchise today. Following the closing of the Transaction, WaveDivision IV, LLC agrees that it will continue to provide service pursuant to the terms of that franchise. However, it will do so under the ownership and indirect control of Radiate. Radiate is a holding company that is majority owned and controlled by the principals of TPG Global, LLC (together with its affiliates, "TPG"). TPG has extensive experience with global public and private investments and is one of the most active private equity investors in the Internet ecosystem. Radiate, through its indirect subsidiaries RCN Telecom Services, LLC and Grande Communications Networks LLC, provides digital television, high-speed Internet, and voice communications services to approximately 656,000 subscribers in the District of Columbia, Illinois, Massachusetts, Maryland, New York, Pennsylvania, Virginia, and Texas, led by an experienced management team from Patriot Media Consulting, LLC. The Transaction will bring three smaller independent, competitive providers of video, voice and Internet services under one roof, offering even stronger competition to the larger, well- established providers in the marketplace. Following closing, Radiate will combine its resources June 16, 2017 pg-�2 and expertise with Wave's knowledge of the local cable marketplace to build upon the successes of Wave and further enhance the customer experience in your community. In accordance with the terms of federal law, the rules of the FCC, and the franchise, we have enclosed for your review the required number of copies of FCC Form 394. FCC Form 394 is designed to provide you with the information necessary to assess the financial, legal, and technical qualifications of Radiate to hold indirect control of the franchise. As part of this filing, you are receiving a copy of the agreement, and financial, legal and technical information about Radiate, as well as all other required information. Certain of this information, as designated therein, is confidential and not routinely made available to the public, and its dissemination would be harmful to Radiate's business interests. Pursuant to FCC Form 394, these materials must be maintained as confidential by you and any or all of your agents. Also enclosed is a copy of the Public Interest Statement that was attached to our filing with the FCC for approval of the Transaction. Under the FCC rules, you have 120 days from the date you receive this information to consider the application. No action on your part is required; should you choose not to take any action within this 120 day period, under federal law the application will be deemed granted. In the event that you choose to act on the application, we have enclosed for your convenience a draft resolution for your use. Please let us know if you place the matter on your agenda for consideration. We look forward to working with you. If you have any questions, please call Jim Pemney at 425-896-1891 or Seth Davidson at 202-434-7447. Sincerely, James A. Penney General Counsel Wave Holdco, LLC 401 Parkplace Center, Suite 500 Kirkland, WA 98033 Enclosures: FCC Form 394 and associated exhibits Q-�Seth A. Davidson Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. 701 Pennsylvania Avenue NW, Suite 900 Washington, D.C. 20004 Counsel to Radiate Holdings, L.P. RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, granting consent and approval to change of control transaction. WHEREAS, WAVE Division IV, LLC d/b/a WAVE, a Washington limited liability company, currently holds a franchise (the "Franchise") granted by the City of Bremerton (the "City") to own and operate a cable system in the City; and WHEREAS, franchisee is a wholly-owned subsidiary of WAVE Holdco, LLC, a Washington limited liability company ("WAVE Parent"); and WHEREAS, on June 16, 2017, Radiate Holdings, L.P., a Texas limited liability company, owned and controlled by the principals of TPG Global, LLC, entered into an agreement to acquire all the outstanding membership interests of WAVE Division IV, LLC; and WHEREAS, WAVE Holdco, LLC and Radiate Holdings, L.P. have filed FCC Form 394 with the City and have provided the City with all information regarding the Transaction required by applicable law (collectively, the "Application"); and WHEREAS, the City has reviewed the Application and has determined that (i) Radiate Holdings, L.P. meets the legal, technical, and financial criteria to become the owner of WAVE Holdco, LLC and the indirect owner of franchisee, and (ii) the transaction is in the best interest of the City; and WHEREAS, pursuant to Section 15 € of the Franchise, the City shall act by ordinance or resolution on the request for transfer of ownership or control within 120 days of receipt of the FCC Form 394 application, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The City consents to and approves of Radiate Holdings, L.P. acquiring all the outstanding membership interests of WAVE Division IV, LLC to the extent required by the terms of the Franchise agreement between the City and WAVE and applicable law. SECTION2. To the best of the City's knowledge and belief, there are no existing facts or circumstances that with or without the giving of notice or the passage of time, or both, would constitute a default of any term or condition of the Franchise. SECTION 3. Effective upon the closing of the transaction, the franchisee shall remain responsible for any obligations and liabilities under the Franchise. Page 1 of 2 Resolution Rev. 05/2017 SECTION 4. This Resolution is adopted and approved in accordance with all applicable notices and procedure requirements under all laws applicable to City, and with all applicable notice requirements. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of 2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney Resolution Rev. 05/2017 ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk Page 2 of 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Addition of a Part Time (0.5 FTE) "Producer" Position for BKAT in 2017 and 2018 Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: August 23, 2017 September 6, 2017 BKAT Char Burnette (360) 473-5011 SUMMARY: BKAT is asking to add a Producer position on October 2, 2017. This is a new position to take on the duties of scheduling and preparing interviews, special segments and social media for BKAT. These duties are currently done by the Public Access Manager. The current Manager will be retiring at the end of December. Adding this part time position on in October, 2017 allows proper training/mentoring for seamless BKAT sustainability. This position will continue in the 2018 BKAT Budget as a .5 FTE. ATTACHMENTS: Job Description FISCAL IMPACTS (Include Budgeted Amount): $6,211.95 (2017) $24,847.82 (2018) STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Authorize the addition of a 0.5 FTE Part Time Producer Position in the BKAT 2017 and 2018 Budget. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action City of Bremerton Classification Specification August 2017 Producer GENERAL FUNCTION The Bremerton Kitsap Access Television (BKAT) Producer schedules, organizes and interviews guests for BKAT programs. The Producer works closely with the BKAT staff in developing programs/PSAs and special content. The Producer works under the direction of the BKAT Public Access Manager. REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note — This list is intended only to illustrate the various types of work that may be performed. The omission of specific statements does not exclude them from the position.) • Plans, organizes and schedules taping of interviews and/or PSAs for content on the BKAT channel. • Work with potential guests of a program on content, questions and location. • Work closely with BKAT technical staff on all phases of production. • Assist in developing photography projects, video productions, multimedia, and graphic productions for cable and social media. KNOWLEDGE, SHILLS AND ABILITIES (Entry requirements) • Confidence in public speaking • Ability to work with the public, elected officials, and community leaders • Excellent people skills and ability to communicate well with BKAT members and clients. • Ability to work independently with minimal supervision. • Flexible schedule, including evenings and weekends. • Commitment to public service. • Ability to lift and/or move up to thirty (30) pounds. QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements) • Degree and/or experience in production work: theater, tv, etc. • Knowledge of the Kitsap community A valid Washington State driver's license is required. WORKING CONDITIONS • Office, studio and control room environment • Field (outside) or on location work for productions LEGAL and REGULATORY EMPLOYMENT CONDITIONS Fair Labor Standards Act: The classification is nonexempt under the laws of fair Labor Standards Act minimum wage and overtime provisions. Representation: This classification is non -represented. Civil Service: The classification is excluded from the City's Civil Service System. Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is by action of the Department Head in conformance with current labor agreement. Page 1 of 2 City of Bremerton Classification Specification August 2017 Producer This classification specification does not constitute an employment agreement between the City and employee. It is subject to change by the City as the needs of the City and requirements change. Page 2 of 2 AGENDA BILL CITY OF BREMERTON B3 CITY COUNCIL SUBJECT: Ordinance No. _ amending Study Session Date: August 23, 2017 Section 5.02.040 of the Bremerton Municipal COUNCIL MEETING Date: September 6, 2017 Code entitled "Definitions" under Chapter Department: Legal 5.02 entitled "General Business Licenses" Presenter: Kylie Purves Phone: (360)473-2336 SUMMARY: The proposed ordinance amends Chapter 5.02 of the Bremerton Municipal Code entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions" by modifying the definition of "ancillary rental'. The amendment of 2) and removal of 3) from the definition of "Ancillary rental' removes the Accessory Dwelling Unit ("ADU") exception from the definition of "Engaging in business" which triggers the General Business License requirement. ATTACHMENTS: Ordinance No. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _ amending Section 5.02.040 of the Bremerton Municipal Code entitled "Definitions" by modifying the definition of "ancillary rental'. COUNCIL ACTION: Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5.02 of the Bremerton Municipal Court entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions." WHEREAS, the City Council desires to amend Chapter 5.02 of the Bremerton Municipal Court entitled "General Business Licenses" by amending Section 5.02.040 entitled "Definitions;" NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 5.02.040 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: 5.02.040 DEFINITIONS. For the purposes of this chapter, the definitions set forth in Chapter 3.48 BMC shall apply to this chapter as applicable. In addition, the following definitions will apply: "Ancillary rental" means 1) the renting and/or leasing of real property by a person as secondary to the primary business use by said person for which a business license is issued pursuant to this chapter, or 2) the renting or leasing of a single portion of a residence that is within the structure of the primary residence of the landlord, such as the renting of a single bedroom; this does not include a separate or secondary dwelling unit, of 2) the fent ng an&ef leasing of no fn^fe +i^„ .[KPI] "Casual rental" means the renting of the primary residence of the landlord for a period of four months or less in any given calendar year. "Engaging in business" shall also include the renting and/or leasing real property except for casual rentals or ancillary rentals. "License to use" means a personal privilege to do some particular act or series of acts on real property without possessing any estate or interest therein. "Possessory interest" means the right to exert control over specific real property, or a portion thereof, to the exclusion of others. "Renting and/or leasing of real property" means the creation of a possessory interest in residential, commercial and/or industrial real property in another party by lease, sublease, expressed or implied rental agreement, or tenancy from period to period, for the purpose of gain, General Business Licenses - Definitions and includes leases or rentals in mixed use structures. The renting and/or leasing of real property does not include the license to use real property. SECTION2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.L ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the Approved this day of ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. day of )2017. ERIC YOUNGER, Council President 2017. PATTY LENT, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017. 2017. R:\Legal\Legal\Ordinances\Community Development\BMC 5.02.040 Definitions - General Business Licenses.docx 2 General Business Licenses - Definitions AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _ amending Study Session Date: Section 7.08.030 of the Bremerton Municipal COUNCIL MEETING Date: Code entitled "Commercial Pet Facilities, Department: Grooming Parlors and Animal Welfare Presenter: Facilities" Phone: August 23, 2017 September 6, 2017 Council Leslie Daugs (360) 473-5280 SUMMARY: The proposed ordinance amends Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." The added language includes operation requirements for commercial pet facilities and animal welfare facilities. ATTACHMENTS: Ordinance No. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _ amending Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities." WHEREAS, the City Council desires to amend Section 7.08.030 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" by adopting reasonable regulations to reduce costs to the City and its residents, protect the citizens of the City who may purchase cats and dogs form a pet shop, promote community awareness of animal welfare, and foster a more healthy and humane environment in the City; and WHEREAS, current federal, Washington State, and Kitsap County regulations do not adequately address the sale of animals in pet shops; and WHEREAS, restricting the retail sale of cats and dogs to only those sourced from animal welfare organizations is likely to increase demand for animals from animal welfare organizations and thereby reduce the number of homeless animals and animal control costs; and WHEREAS, across the country, thousands of independent pet shops, as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of cats and dogs. These shops collaborate with local animal welfare organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, this ordinance will not affect a consumer's ability to obtain cats and dogs directly from an animal welfare organization or from a breeder where the consumer can see directly the conditions in which the cats and dogs are bred, or can confer directly with the breeder concerning those conditions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 7.08.030(b) of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" is hereby amended to add sections (8), (9), (10) and (11) as follows: (b) Operation requirements for commercial pet facilities and animal welfare facilities: (1) Adequate food and water for each species, pursuant to Section 7.04.020(a), and proper habitat and medical attention, if needed, shall be provided during normal business hours and when the facilities are not open for business; (2) Food shall be stored in a fashion that prevents contamination or infestation; Page 1 of 3 Commercial Pet & Animal Welfare Facilities (3) The facilities shall be maintained and operated in a healthful and sanitary manner, free from disease, infestation, and foul odors; (4) Sick animals shall be isolated from healthy ones in quarters adequately ventilated to prevent contamination of healthy animals; (5) Sick or injured animals shall receive appropriate medical treatment by or under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment, care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a commercial pet facility or animal welfare facility to a new owner until the illness or injury is substantially healed, unless such transfer is to an animal welfare organization that assumed all responsibility for providing the appropriate medical treatment; (6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics. Records of such shall be maintained for each animal and made available to the animal control authority and the Bremerton-Kitsap County Health District, including the name and address of the attending veterinarian, if applicable; (7) A copy of all medical records including, but not limited to, the records described in subsections (5) and (6) shall be provided to new owners at the time the ownership of the animal is transferred, or to the animal control authority upon request; (8) A pet shop may offer for sale only those cats and dogs that the pet shop has obtained from or displays in cooperation with an animal welfare organization; (9) A pet shop shall not offer for sale a cat or dog that is younger than eight weeks old, (10) A pet shop shall maintain records stating the name and address of the animal welfare organization that each cat and dog was obtained from for at least two years following the date of acquisition. Such records shall be provided to new owners at the time the ownership of the animal is transferred, and to the animal control authority upon request. Each pet shop shall display on each cage a label stating the name and address of the animal welfare organization of each cat or dog kept in a cage, and (11) Commercial pet facilities, grooming parlors, and animal welfare facilities shall comply with the veterinary certification requirements of WAC 16-54-170 when importing dogs, cats, and ferrets from outside Washington. Records documenting compliance with WAC 16-54-170 shall be maintained for at least two years following the date of acquisition of the animal and such records shall be provided to new owners at the time the ownership of the animal is transferred, and to the animal control authority upon request. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3.L ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 3 Commercial Pet & Animal Welfare Facilities PASSED by the City Council the day of 2017. ERIC YOUNGER, Council President Approved this day of )2017. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. ROGER A. LUBOVICH, City Attorney 2017. 2017. R:\Legal\Legal\Ordinances\08.18.17 Animal Control Amendment Ordinance.docx Page 3 of 3 Commercial Pet & Animal Welfare Facilities From: kim siebens To: City Council Subject: Letter in support of pet store ordinance to ban the sale of puppies and kittens Date: Wednesday, August 9, 2017 12:24:25 AM Attachments: Watson Brem ertonPetSaleLetter. odf To the Members of the Bremerton City Council, I hope you are all enjoying your summer (even with all of this smoky "weather" we've been having). I wanted to send you this letter (attached) that was given to me by local Veterinarian, Dr Shelby Watson. She wanted to show her support of a ban on the sale of companion animals in pet stores in Bremerton, WA. I appreciate you taking the time to listen to her concerns regarding this matter. Also, I wanted to invite you to a community event my new Nonprofit, Their Voice, will be participating in on August 23rd from 6-8 pm at Dog Days Brewing in downtown Bremerton. A local painting instruction business called Rimbert Illustration will be teaching people (who sign up for the event) how to paint their pet while they enjoy a locally crafted pint of beer. Their Voice will also have some fun dog themed baskets up for raffle. A portion of proceeds of this event will be going to Their Voice to help us continue to provide community outreach events where we enjoy teaching the community about puppy mills and how pet stores are still allowed to sell their farmed puppies and kittens in WA state. Thanks again for all of your time, Kim Siebens President of Their Voice www.their-voice.org 14 P&e Ve Dear Bremerton City Council, Dr. Shelby Watson 25297 Big Valley Rd NE Poulsbo, WA 98370 360.697.1650 August 8, 2017 I am writing to request your support of a ban on the retail sale of companion animals in stores in our community. My concerns, both for the health of the animals, and the well-being of our animal -centric community, include: 1. The sale of cats and dogs in this setting financially supports and legitimizes large-scale breeding operations with business models that promote the inhumane treatment of animals before and at the point of sale, breeding of genetically compromised animals with life-long medical issues, and introduction of infectious diseases into our community. This situation creates a financial and emotional burden for our populace, and does not reflect the values of our conscientious culture. 2. Our local community has developed a robust network to support animal well-being. Rescue and outreach organizations, led by Kitsap Humane Society, along with Progressive Animal Welfare Society, Rescue Every Dog, and Kitsap Animal Rescue & Education put great effort into improving animal health, preventing pet homelessness, providing education for the public, and, of course, matching pets with great homes. By banning retail sale of pets at stores, we will reinforce their important work (and the many citizens who donate their time and resources to them) by reducing the burden they face in caring for unhealthy and poorly -suited pets bought from stores. As a veterinarian in Kitsap County since 2004, I have witnessed many times the heartbreak of unsuspecting or misinformed pet owners, the suffering of the animals themselves, and the untold cost to the community. Well-meaning clients regularly come to the clinic with stories of how they felt compelled to "rescue" puppies from pet stores, buying them and nursing them to health. In this seeming act of compassion, they have reinforced the incentive structure for those who seek to profit from the production of defenseless lives in horrific conditions. The only way to change this paradigm is to make it impossible for these businesses to operate in our community, since as long as there are animals in need, there will be kind people eager to give them homes. Let's enact this ban so that our local laws reflect the spirit of our caring community. Sincerely, Shelby Watson, DVM From: kim siebens To: City Council Subject: Hello from new local Non -Profit "Their Voice" Date: Wednesday, July 12, 2017 12:08:19 AM To Dino Davis, Patricia Sullivan, Leslie Daugs, Jerry McDonald, Greg Wheeler, Richard Huddy, and Eric Younger, I am a Bremerton resident and founder of a new local non profit "Their Voice". We work in animal advocacy, education, and fundraising for companion animals. We were wondering if we could set up a time to meet with you? We are planning on meeting the Bremerton City Council as a group at some point as well. However, we would love to explain who we are and what we are trying to accomplish on a one on one basis to those of you who are interested. We are currently advocating for a ban on the retail sale of puppies and kittens. This ban does not affect responsible breeders and supports all other pet/feed stores and local shelter and rescue groups. Puppies/kittens sold in pet stores come from puppy mills, and we all know the horrors associated with that. There is one store left in Kitsap County that sells puppy -mill puppies (documented), and we want to make sure they cannot move or expand to the city of Bremerton. Currently, Bremerton does not have any stores that earn their profits off the back of puppy -mill puppies, and we want to keep it that way. My friends Karyn Moni and Terry Shuck were actively involved with Bainbridge Island's recent ordinance to ban the retail sale of puppies and kittens, and we would love to have a chance to talk to Bremerton about joining this movement. There are over 230 communities in the United States that have already passed this ban, and Bainbridge was the first in Washington. We know Bremerton is growing through revitalization, and we want to make sure its citizens are protected and ensure our city thrives through humane practices. Thank you for your consideration, and we look forward to hearing from you, Kimmy Siebens, President of Their Voice www.their-voice.org https://www.facebook.com/theirvoiceresource PS This link will direct you to more information regarding the recent ban placed in Bainbridge Island. There is also a letter from the Executive Director of the Kitsap Humane Society supporting a ban and a copy of the ordinance that recently passed. https:..L/bainbridge.novusagenda.com/agenda public/CoverSheet.aspx? ItemID=2370&MeetingID=378 AGENDA BILL CITY OF BREMERTON CITY COUNCIL B5 SUBJECT: Contract Modification No. 1 to the Professional Services Agreement with SAFEbuilt Washington, LLC for Plan Review and Examination Services; and authorize 2017 Budget Adjustment Study Session Date: August 23, 2017 COUNCIL MEETING Date: September 6, 2017 Department: Community Develoament Presenter: Andrea Spencer Phone: 360-473-5263 SUMMARY: SAFEbuilt Washington, LLC has been assisting with our permit plan review and examination services on a six month contract that began in May 2017. The contract was initiated due to challenges of staff recruitment (vacancies) and continued assistance is needed with plan review services until the open Building Development Specialist (BDSIII) position is filled. Additionally, some plans submitted for permitting require structural engineering plan review that the City staff is not licensed to evaluate. SAFEbuilt provides these specialized engineering services. This structural engineering review would be on an as-needed/required basis. In 2018 Community Development is proposing an amendment to our fee schedule to collect revenue to off -set this cost. This contract modification allows the City to fulfill the current building standards for engineering review and prevent a back -log of plan reviews during heavy volumes and/or staffing shortages by creating an on-going service agreement with SAFEbuilt. The annual maximum compensation is not to exceed $60,000. ATTACHMENTS: Contract Modification #1 between the City of Bremerton and SAFEbuilt Washington, LLC; The original Professional Services Agreement between the City of Bremerton and SAFEbuilt Washington, LLC FISCAL IMPACTS (Include Budgeted Amount): The motion proposes to amend the 2017 Community Development budget as follows: Reduce the Building Personnel Expenditures by $75,000 and increase the Building Professional Services Expenditures by $75,000 due to position vacancies. There is no impact on the General Fund. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification 1 to the Professional Services Agreement between SAFEbuilt Washington, LLC and the City of Bremerton and to amend the 2017 Community Development Building budget by increasing Professional Services expenditures by $75,000 and decreasing Personnel expenditures by $75,000 and authorize the Mayor to finalize and execute the modification with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND SAFEbuilt Washington, LLC PROJECT Plan Review and Plan Examination Services CONSULTANT SAFEbuilt Washington, LLC DATE 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and SAFEbuilt Washington, LLC on May 25, 2017. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 1. Scope , is modified as follows: NO Change. Section 5. Compensation , is modified as follows: The City shall pay the Consultant an amount not to exceed Sixty Thousand Dollars ($60,000.00) in a calendar year. The original contract amount was Twenty Thousand Dollars ($20,000.00). Section 6. Term , is modified as follows: This Agreement commences upon execution by the Parties and shall continue in full force and effect unless terminated pursuant to Section 7 of this Agreement. The original contract: "This agreement shall be effective on the latest date on which the Agreement is fully executed by both Parties. The term of this Agreement shall be six (6) months." II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. CONTRACT MODIFICATION #1 1 Contract Number: 5685 SAFEbuilt Washington, LLC — Plan Review & Exam Services The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. CONSULTANT THE CITY OF BREMERTON By Its DATE: APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: By Patty Lent Its Mavor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: Andrea L. Spencer Director of Community Development City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 360-473-5283 CONTRACT MODIFICATION #1 2 Contract Number: 5685 SAFEbuilt Washington, LLC — Plan Review & Exam Services PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND SAFEbuilt WASHINGTON, LLC This Professional Services Agreement ("Agreement•'), is entered into by and between the City of Bremerton, Washington, ("Municipality") and SAFEbuilt Washington, LLC, ("Consultant"). The Municipality and the Consultant shall be jointly referred to as the "Parties". RECITALS WHEREAS, the Municipality is seeking a consultant to perform the services listed in Exhibit A — List of Services and Fee Schedule, ("Services"); and WHEREAS, Consultant is ready, willing, and able to perform the Services. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipality and Consultant agree as follows: 1. SCOPE OF SERVICES Consultant will provide the Services listed In Exhibit A to the Municipality using qualified professionals. Consultant will perform Services In accordance with State of Washington adopted codes and all applicable amendments and ordinances adopted by the Municipality. The professionals employed by the Consultant will maintain current certifications, certificates, licenses as required for the services that they provide to the Municipality. Consultant Is not obligated to perform services beyond what is contemplated by this Agreement. Consultant will perform work at a level of competency In accordance with industry standards. 2. CHANGES TO SCOPE OF SERVICES Any changes to Services that are mutually agreed upon between the Municipality and Consultant shall be made in writing which shall specifically designate any changes in compensation for the Services and be made as a signed and fully executed amendment to this Agreement. 3. FEE STRUCTURE In consideration of the Consultant providing services, the Municipality shall pay the Consultant for the Services performed in accordance with Exhibit A — List of Services and Fee Schedule. 4. INVOICE & PAYMENT STRUCTURE Consultant will invoice the Municipality on a monthly basis and provide all necessary supporting documentation. All payments are due to Consultant within 30 days of Consultant's Invoice date. The Municipality may request, and the Consultant shall provide, additional information before approving the invoice. When additional information is requested the Municipality will identify specific disputed item(s) and give specific reasons for any request. if additional information is requested, Municipality will submit payment within thirty (30) days of resolution of the dispute. S. As compensation for performance of the Services under this Agreement, the Municipality will pay Consultant for work performed, in accordance with the rates set forth in Exhibit A, a sum not to exceed $20,000.00. 6. TERM This Agreement shall be effective on the latest date on which the Agreement is fully executed by both Parties. The term of this Agreement shall be six (6) months. Page 1 of 7 7. TERMINATION Either party may terminate this Agreement, or any part of this Agreement upon thirty (30) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this Agreement. In case of such termination, Consultant shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination. All structures that have been permitted, a fee collected, and not yet expired at the time of termination may be completed through final inspection by the Consultant if approved by the Municipality. Consultant's obligation is met upon completion of final inspection or permit expiration, provided that the work to reach such completion and finalization does not exceed ninety (90) days. Alternately, the Municipality may exercise the option to negotiate a refund for permits where a fee has been collected but inspections have not been completed. The refund will be prorated according to percent of completed construction as determined by Consultant and mutually agreed upon by all Parties. No refund will be given for completed work. 8. MUNICIPALITY OBLIGATIONS The Municipality shall timely provide all data information, plans, specifications and other documentation reasonably required by Consultant to perform Services. 9. PERFORMANCE STANDARDS Consultant shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing the substantially same or similar services. Consultant represents and warrants to the Municipality that it will retain employees that possess the licenses, skills, knowledge, and abilities to competently, timely, and professionally perform the Services in accordance with this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall be liable for and shall defend, save, indemnify, and hold harmless the Municipality, its elected and appointed officials, employees and volunteers and others working on behalf of the Municipality, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, including bodily injury or death and/or property damage with respect to any third party claim ("Claim(sr) to the extent that any such injury, loss or damage is caused by the negligence of or material breach of any obligation under this Agreement by Consultant or any officer, employee, representative, or agent of Consultant. The Municipality shall be responsible for and shall defend, save, indemnify, and hold harmless Consultant, its officers, employees, representatives, and agents, from and against any and all claims, demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal injury, Including bodily injury or death and/or property damage with respect to Claims to the extent that any such injury, loss or damage is caused by the negligence or material breach of any obligation under this Agreement by the Municipality or any officer, employee, representative, or agent of the Municipality. If either Party becomes aware of any incident likely to give rise to a Claim under the above indemnities, it shall notify the other and both Parties shall cooperate fully in investigating the incident. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANTS WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Page 2 of 7 11. ASSIGNMENT Neither party shall assign all or part of its rights, duties, obligations, responsibilities, nor benefits set forth in this Agreement to another entity without the written approval of both Parties, consent shall not be unreasonably withheld. Consultant Is permitted to subcontract portions of the Services provided that Consultant give Municipality prior written notice of the persons or entities with which Consultant has subcontracted. Consultant remains responsible for any subcontractor's performance or failure to perform. Subcontractors will be subject to the same performance criteria expected of Consultant. Performance clauses will be included in agreements with all subcontractors to assure quality levels and agreed upon schedules are met. 12. INSURANCE A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Consultant pursuant to this Agreement. Such Insurance shall be in addition to any other Insurance requirements imposed by law. B. At a minimum, the Consultant shall procure and maintain, and shall cause any subcontractor of the Consultant to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Municipality. in the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. C. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6A Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. D. Worker's compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's liability insurance with minimum limits of one million dollars ($1,000,000) bodily Injury each accident, one million dollars ($1,000,000) bodily injury by disease — policy limit, and one million dollars ($1,000,000) bodily Injury by disease — each employee. Worker's compensation coverage in 'monopolistic' states Is administered by the Individual state and coverage is not provided by private insurers. Individual states operate a state administered fund of workers compensation insurance which set coverage limits and rates. Monopolistic states: Ohio, North Dakota, Washington, Wyoming. E. Commercial general liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) general aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, independent Consultant's, and products. The policy shall contain a severability of interest provision, and shall be endorsed to include the Municipality and the Municipality's officers, employees, and consultants as additional insureds. F. Professional liability insurance with minimum limits of five million dollars ($5,000,000) each claim and five million dollars ($5,000,000) general aggregate. G. The Municipality shall be named as an additional insured on Consultant's and subcontractors' insurance coverage. H. Prior to commencement of the Services, Consultant shall submit certificates of insurance and endorsements acceptable to the Municipality. Page 3 of 7 13. INDEPENDENT CONTRACTOR The Consultant is an Independent contractor, and neither the Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of the Municipality. As the Consultant Is an independent contractor, the Municipality shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel performing services for the Municipality under this Agreement. The Consultant shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing Services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with the Consultant, as well as all legal costs Including attorney's fees incurred in the defense of any conflict or legal action resulting from such employment or related to the corporate amenities of such employment. 14. THIRD PARTY RELIANCE This Agreement is intended for the mutual benefit of the Parties hereto and no third party rights are Intended or implied. 15. OWNERSHIP OF DOCUMENTS The Municipality shall retain ownership of all work product and deliverables created by Consultant pursuant to this Agreement. All records, documents, notes, data and other materials required for or resulting from the performance of the Services hereunder shall not be used by the Consultant for any purpose other than the performance of the Services hereunder without the express prior written consent of the Municipality. All such records, documents, notes, data and other materials shall become the exclusive property of the Municipality when the Consultant has been compensated for the same as set forth herein, and the Municipality shall thereafter retain sole and exclusive rights to receive and use such materials In such manner and for such purposes as determined by it. If this Agreement expires or is terminated for any reason, all records, documents, notes, data and other materials maintained or stored in Consultant's secure proprietary software pertaining to the Municipality will be exported into a CSV file and become property of the Municipality. The Municipality and Its duly authorized representatives shall have access to any books, documents, papers and records of the Consultant that are related to this Agreement for the purposes of audit or examination, other than the Consultant's financial records, and may make excerpts and transcriptions of the same. 16. DISCRIMINATION & ADA COMPLIANCE Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin or any other category protected by applicable federal or state law. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, Including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notice to be provided by an agency of the federal government, setting forth the provisions of the Equal Opportunity laws. Consultant shall comply with the appropriate provisions of the Americans with Disabilities Act (the "ADA"), as enacted and as from time to time amended, and any other applicable federal regulations. A signed certificate confirming compliance with the ADA may be requested by the Municipality at any time during the term of this Agreement. 17. PROHIBITION AGAINST EMPLQYING ILLEGAL ALIENS: Consultant is registered with and is authorized to use and uses the federal work authorization program commonly known as E-Verify. Consultant's federal work authorization user Identification number Is 254821; authorization date of September 23, 2009. Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement and will verify immigration status to confirm employment oage4of7 eligibility. Consultant shall not enter into an agreement with a subcontractor that fails to certify to the Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant is prohibited from using the E -Verify program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 18. SOLICITATION/HIRING OF CONSULTANT'S EMPLOYEES During the term of this Agreement and for one year thereafter, Municipality shall not solicit, recruit or hire, or attempt to solicit, recruit or hire, any employee or former employee of Consultant who provided services to Municipality pursuant to this Agreement ("Service Providers"), or who interacted with Municipality in connection with the provision of such services (including but not limited to supervisors or managers of Service Providers, customer relations personnel, accounting personnel, and other support personnel of Consultant). The Parties agree that this provision is reasonable and necessary in order to preserve and protect Consultant's trade secrets and other confidential information, its investment in the training of its employees, the stability of its workforce, and Its ability to provide competitive building department programs in this market. If any provision of this section is found by a court or arbitrator to be overly broad, unreasonable in scope or otherwise unenforceable, the Parties agree that such court or arbitrator shall modify such provision to the minimum extent necessary to render this section enforceable. 19. NOTICES Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented In person or sent pre -paid, first class United States Mail, addressed as follows: If to the Municipality: If to the Consultant: Andrea Spencer, Director Community Gregory Toth, CRO Development Department SAFEbuilt, LLC City of Bremerton 3755 Precision Drive, Suite 140 345 6a' Street, Suite 600 Loveland, CO 80538 Bremerton, WA 98337 20. DISPUTE RESOLUTION In the event a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation, before resorting to litigation or some other dispute resolution procedure. 21. ATTORNEY'S FEES In the event of dispute resolution or litigation to enforce any of the terms herein, each party shall pay all its own costs and attorney's fees. 22. AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of the Consultant represents and warrants that he/she/they has/have the authority to so executed this Agreement and to bind the Consultant to the performance of its obligations hereunder. 23. GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by the laws of the State of Washington and all services to be provided will be provided in accordance with applicable federal, state and local law. Any litigation shall be brought in Kitsap County Superior Court. 23. COUNTERPARTS This Agreement and any amendments may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original. This Agreenw% akM with anadsed eddb1M omstiums. dw complete entb and finid agremrwd of the Parties hexads vwih I to the subim matter hued, and shall supersede any and all pmer'km c=,nmunicallons, P I P 1 P I kil k whether oQai or wry with r+ to the subject matter hexed. InvaBdadun of any of the prvulskns of this Amt or any paragraph sentence, clmae phrase, or mood herein or the application thereof In any ghm n circumsu nue shall not affect the dafidity of airy odurr proton of thisAM eement. WahFer: Faihme to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement gall not be deemed waiver of any other right or power. IN WITNESS HEREOF, the undersigned have caused this Agreement to be executed in their respective names on the dates hereinafter enumerated. Date45 1 2-5* !2�&o rvt�Givff7/ SAFEbuilt Washington, L Sig Name: Gregory Toth Title: CRO Date: g 1. 23 - ---/ 17 EXHIBIT A — LIST OF SERVICES AND FEE SCHEDULE 1. UST OF SERVICES As-Reauested Plan Review Services ✓ Provide plan review services electronically or in the traditional paper format ✓ Review all plans, ensuring they meet adopted building codes and local amendments and/or ordinances ✓ Determine type of construction, use and occupancy classification using certified plans examiner ✓ Be a resource to applicants on submittal requirements and be available throughout the process ✓ Work with other departments on the concurrent review process ✓ Be available for pre -submittal meetings as warranted ✓ Be a resource for team members and provide support to field inspectors as questions arise in the field ✓ Coordinate plan review tracking, reporting, and interaction with applicable departments ✓ Provide feedback to keep plan review process on schedule ✓ Interpret legal requirements and recommend compliance procedures as well as address any issues by documented comment and correction notices ✓ Return a set of finalized plans and all supporting documentation ✓ Provide review of plan revisions and remain available to applicant after the review is complete Reporting Services We will work to develop a reporting schedule and format that meets your needs. We can provide monthly, quarterly, and annual reports summarizing activity levels; adherence to our performance metrics; and other Items that are of special interest to you. 2. MUNICIPAL OBLIGATIONS ✓ All fees will be collected by the Municipality ✓ Municipality will intake permits, plans and related documents for Consultant and have them available for Consultant on premises of the Municipality 3. TIME OF PERFORMANCE Services will be performed during normal business hours excluding Municipal holidays. ✓ Consultants representative will be available by cell phone and email ✓ Consultants representative will meet with the public by appointment Deliverables PLAN REVIEW Provide comments within the following timeframes: TURNAROUND Day 1= first full business day after receipt of plans and all supporting documentation Pro*ectType: First Comments Second Comments TIMES ✓ Single-family within 5 business days 5 business days or less ✓ Multi -family within 10 business days 5 business days or less ✓ Small commercial within 10 business days 5 business days or less (under $2M in valuation) ✓ Large commercial within 15 business days 10 business days or less 4. FEE STRUCTURE Consultant fees for Services provided pursuant to this Agreement will be as follows: As -Requested Service Fee Schedule: Not -to Exceed $20 000.00 annually Plan Review Services - excludes engineer review fees $100.00 per hour-- one (1) hour minimum Structural Engineering Plan Review $150.00 per hour - one (1 ) hour minimum — requires 1prior approval from both Parties AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of a $300,000 Study Session Date: August 23, 2017 United States Environmental Protection COUNCIL MEETING Date: September 6, 2017 Agency (US EPA) Brownfields Community- Department: Community Wide Assessment and Area -Wide Planning Development Grant; and authorize 2017 Budget Presenter: Andrea Spencer Adjustment Phone: 360-473-5283 SUMMARY: In November 2016 City Council approved Community Development to move forward with a US EPA Brownfields Community -Wide Assessment grant application. On May 31, 2017 the City of Bremerton received Notification of US EPA Brownfields Community -Wide Assessment and Area -Wide Planning grant award for $300,000 ($150,000 petroleum and $150,000 hazardous). This grant award will allow the City to develop a Brownfield Revitalization Program that will begin with an inventory and assessment of sites in the areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, Downtown Designated Blight Zone and potentially other areas within City limits as directed by the City. This award in the course of the three (3) year grant period, will create a site inventory, prioritize activities, create site-specific clean-up planning activities, and could help our community with development plans in areas that have been left untouched due to potential, perceived or existing environmental hazards. There is no matching requirement with these awarded funds. ATTACHMENTS: 1) US EPA Award letter to Mayor Lent 2) EPA Region 10 Official News Release 3) Grant Work Plan FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact. There is no match requirement with this award. The motion amends the 2017 Budget to reflect an increase of $75,000 in revenue and expenditures as a result of the grant award. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the $300,000 grant from the United States Environmental Protection Agency (US EPA) and authorize the Mayor to finalize and execute all documents necessary to secure the award and amend the 2017 budget to increase Community Development Grant Revenues by $75,000 and Professional Services Expenditures by $75,000. COUNCIL ACTION Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 May 31, 2017 The Honorable Patty Lent Mayor of Bremerton Norm Dicks Government Center 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Dear Mayor Lent: OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE NOW THE OFFICE OF LAND AND EMERGENCY MANAGEMENT On behalf of the United States Environmental Protection Agency (EPA), I am pleased to congratulate you and confirm that the City of Bremerton was selected as one of the entities EPA will begin negotiations with to award cooperative agreements for two assessment grants. The City of Bremerton submitted an outstanding grant proposal, and we deeply appreciate the tremendous commitment of time and energy that went into its preparation. Through the Small Business Liability Relief and Brownfields Revitalization Act of 2002, EPA is working to help states and communities around the country clean up and revitalize brownfield sites. We fully expect that these brownfield projects will provide benefits to the environment and economy of local communities. Susan Morales, your Regional Brownfields Contact, will work closely with the City of Bremerton to negotiate the cooperative agreements prior to the grant awards. Please contact Susan Morales at 206-553-7299 or morales.susan@epa.gov. Again, congratulations on being selected! We look forward to working with you. Sincerely, David R. Lloyd, Director Office of Brownfields and Land Revitalization cc: Susan Morales Internet Address (URL) * hitp://www,epa.gov Recycled/Recyclable a Printed with Vegelable Oil Based Inkson 100% Postconsumer, Process Chlorine Free Recycled Paper City of Bremerton Selected for $300,000 in Brownfields Assessment Grants I U.S. EPA N... Page 1 of 2 � 4PniE,• i,1EM16 News Releases from Region 10 City of Bremerton Selected for $300,000 in Brownfields Assessment Grants Program helps return blighted properties to productive reuse 05/31/2017 Contact Information: Judy Smith (smithJudyneya.gov) 503-326-6994 EPA has selected the City of Bremerton for two brown -Fields environmental site assessment grants totaling $300,000. With this funding, Bremerton will conduct up to fourteen brown -Field site assessments as an initial step towards cleaning up and redeveloping vacant and underutilized properties, transforming them into an asset for both the community and the local economy while protecting public health and the environment. "EPA is committed to working with communities to redevelop Brownfields sites which have plagued their neighborhoods. EPA's Assessment and Cleanup grants target communities that are economically disadvantaged and include places where environmental cleanup and new jobs are most needed," said EPA Administrator Scott Pruitt. "These grants leverage considerable infrastructure and other investments, improving local economies and creating an environment where jobs can grow. I am very pleased the President's budget recognizes the importance of these grants by providing continued funding for this important program." The City of Bremerton's grant funding will include $150,000 to assess sites contaminated with hazardous substances, and $150,000 for sites contaminated with petroleum. Grant funds will also be used to support community involvement activities, maintain and update a brownfields site inventory, and conduct area wide planning activities. "The City is extremely pleased that our community was selected to receive Brownfields Assessment Grant funding from the EPA," said Bremerton Mayor Patty Lent. "This grant will allow our community to redevelop areas that would have otherwise been impossible and encourage private investment that will result in the revitalization of our city. We believe that this funding will facilitate private property sales and new construction in some of our most blighted neighborhoods which will help make our community an even healthier place to live work and play." https://www.epa.gov/newsreleases/city-bremerton-selected-300000-brownfields-assessmen... 5/31/2017 City of Bremerton Selected for $300,000 in Brownfields Assessment Grants I U.S. EPA N... Page 2 of 2 Following the end of WWII, Bremerton went from a busy city of military operations to a hollow city with miles of abandoned commercial, industrial and business districts along its corridors. While Bremerton has been successful in revitalization planning efforts, lack of capital resources has severely hindered the City's ability to create shovel -ready sites and bring community visions to life. The brownfields grant funding will aid Bremerton's ability to attract new employers, strengthen existing businesses, create jobs and generate new tax and utility revenues. In 2015, the Bremerton City Council designated a portion of the downtown area a "blight zone." Investors repeatedly express interest in redeveloping this area but are deterred upon learning of potential environmental issues. The EPA Brownfields Assessment Grants will provide funding for the city to address questionable site contamination aiding eventual redevelopment for mixed residential and commercial use. Brownfields assessment and cleanup grants target communities with significant distress. These communities are economically disadvantaged -- neighborhoods where environmental assessment, cleanup and new jobs are most needed for residents that have historically been left behind. Bremerton is one of 172 communities selected nationally for new brownfields assessment and cleanup funding in 2017. Across the country, $56.8 million in funding will be granted. For more information about Brownfields Cleanup and Assessment Grants: www.epa.gov/brownfields To view fact sheets about the 2017 grant recipients: https://www.epa.gov/brownfields/brownfields- list-fy 17 -grants -selected -funding LAST UPDATED ON MAY 31, 2017 https://www.epa.gov/newsreleases/city-bremerton-selected-300000-brownfields-assessmen... 5/31/2017 BROWNFIELDS COMMUNITY -WIDE ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR City of Bremerton, Washington Fiscal Year 2017 Brownfields Assessment Grant for Sites Impacted by Hazardous Substances and Petroleum Anticipated Project Period: September 1, 2017 to August 31, 2020 Submitted on: June 22, 2017 (Draft Work Plan) July 24, 2017 (Final Work Plan) Submitted by: Alyce Fierro, Project Assistant (Brownfields Project Coordinator) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5269 Email: alyce.fierro@ci.bremerton.wa.us Lead Contact: Andrea L. Spencer, Community Development Director (Brownfields Project Manager) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5283 Email: andrea.spencer@ci.bremerton.wa.us Website: https://ci.bremerton.wa.us City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 TABLE OF CONTENTS 1.0 INTRODUCTION.................................................•---...---------------------------------------------------- 1 1.1 Project Description, Goals & Objectives.................................................................................1 1.2 Organizational Structure & Responsibilities............................................................................1 1.2.1 Key Personnel.............................................................................................................................. 1 1.2.2 Regulatory Agencies..................................................................................................................2 1.2.3 Consultant Team........................................................................................................................2 1.2.4 Brownfield Advisory Committee (BAC)....................................................................................3 1.2.5 Summary of Roles and Responsibilities by Project Task.........................................................3 1.3 Project Outputs & Outcomes....................................................................................................4 1.3.1 Project Outputs............................................................................................................................4 1.3.2 Project Outcomes............................................................................................._........................5 2.0 PROJECT TASK DESCRIPTIONS...................................................................................................6 2.1 Task 1: Project Management, Reporting & Other Eligible Activities .................................... 6 2.1.1 Project Management & Reporting Activities..........................................................................6 2.1.2 Task 1 Budget Detail ............................... _.................................................................................. 7 2.2 Task 2: Public Involvement....................................................................................................... 7 2.2.1 Public Outreach & Involvement Activities ............................... _............................................. 7 2.2.2 Project Updates & Other Public Information Activities ............................... _........................ 8 2.2.3 Task 2 Budget Detail...................................................................................................................9 2.3 Task 3 - Site Inventory, Prioritization & Eligibility ..................................................................... 9 2.3.1 Site Inventory & Prioritization Activities.............................................................. _..................... 9 2.3.2 Site Eligibility Determination (ED) Request Activities ............................... _............................ 10 2.3.3 Task 3 Budget Detail ............................... _............................................................ _.................. 11 2.4 Task 4 - Phase I ESAs...............................................................................................................12 2.4.1 Phase I ESA Activities................................................................................................................12 2.4.2 Task 4 Budget Detail............................................................................................._..................12 2.5 Task 5 - Phase II ESAs..............................................................................................................13 2.5.1 Quality Assurance Project Plan (QAPP) Activities ............................... _............................. ..13 2.5.2 Phase II ESA Activities............................................................................................._................13 2.5.3 Task 5 Budget Detail.................................................................................................................15 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning.......................................16 2.6.1 Site -Specific Cleanup Planning Activities.............................................................. _.............. 16 2.6.2 AWP Activities............................................................................................._.............................16 2.6.3 Task 6 Budget Detail.................................................................................................................17 3.0 SCHEDULE AND DELIVERABLES...............................................................................................18 4.0 BUDGET.....................................................................................................................................19 4.1 Budget Tables by Funding Type.............................................................................................19 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum.................................20 4.2.1 Budget Detail by Task...............................................................................................................20 4.2.2 Budget Narrative by Expenditure Category .........................................................................20 5.0 PRE -AWARD COSTS & ACTIVITIES...........................................................................................21 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 1.0 INTRODUCTION 1.1 Project Description, Goals & Objectives During Fiscal Year (FY) 2017, the United States Environmental Protection Agency (EPA) selected the City of Bremerton, Washington (referred to as "the City") as a recipient of Brownfield Community -Wide Assessment (CWA) Grant funding in the amount of $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) to be used within a three-year period. The City is working to strengthen the local economy by attracting new, diverse industries; however, a surplus of brownfield sites have impeded this vision of recovery. Grant funding will allow the City to develop a Brownfield Revitalization Program (referred to as the "Project") which will begin with an inventory and assessment of sites in the target areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, and Designated Blight Zone. The City will also examine sites outside of the target areas and within City limits, as appropriate, to further local economic goals. The City will engage the community throughout the Project to prioritize revitalization opportunities in accordance with established community plans and objectives. The Project will include assessment activities at priority brownfield sites, including Phase I Environmental Site Assessments (ESAs; up to 8) and Phase II ESAs (up to 4), which may include regulated building materials (asbestos/lead) surveys. The project will also include preparation of site-specific Analysis of Brownfields Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs) (up to 2) and area -wide planning (AWP) activities for up to one priority brownfield-impacted area. To get a quick -start on the project, the City requests the approval of $15,000 of pre -award costs and a project start date of September 1, 2017 for this Cooperative Agreement (CA). A detailed breakdown of pre -award costs and activities is provided in Section 5.0. 1.2 Organizational Structure & Responsibilities In the following sections we describe the roles and responsibilities of key personnel and organizations supporting this project. 1.2.1 Key Personnel The City will be responsible for all administrative and programmatic tasks, including preparing and submitting quarterly, annual, and final program reports in compliance with the program requirements and the CA. The City has identified two experienced project managers to fulfil the roles of Brownfields Project Manager (Ms. Andrea Spencer, Community Development Director) and Brownfields Project Coordinator (Ms. Alyce Fierro, Project Assistant). • Andrea SDencer, Community Develocment Director, City of Bremerton: Andrea will be the Brownfields Project Manager and main point -of -contact for this project. She has over 18 years of experience in local government planning, the last 11 of which have been at Bremerton. She manages the annual Community Development Block Grant (CDBG) federal funding program and all land use planning, building and environmental review Page 1 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 for the City. She has led large planning efforts for interjurisdictional land use planning, engaged with citizens and special interest groups in the development of Comprehensive Plans, led changes to the City's Critical Areas Ordinance and Shoreline Master Programs without appeals, and spearheaded efforts to target the City's CDBG funding to abate downtown blight. Andrea's project management expertise is an asset to successful project execution and her role as the City's Community Development Director provides her with a comprehensive understanding of ongoing planning/redevelopment efforts and the ability to identify opportunities for leveraging concurrent grants and projects. • Alyce Fierro, Project Assistant, City of Bremerton: As the Brownfields Project Coordinator, Alyce will be responsible for overseeing administrative and financial reporting tasks (i.e. schedule/budget tracking, compliance reporting to EPA); executing outreach campaigns and organizing public events; ensuring the project webpage is maintained and informational materials are up-to-date; and serving as the public's primary point -of - contact for questions/comments. Alyce has over 15 years of project management experience and 12 years of experience managing municipal grants. She has extensive experience coordinating public outreach/involvement efforts and administrative tasks to comply with grant requirements (e.g. financial and progress reporting). Contact information for the individuals identified above is provided below. Personnel Name & Title Project Role Contact Info Andrea Spencer Project Manager (360) 473-5283 Community Development Director andrea.spencer@ci.bremerton.wa.us Alyce Fierro Project Assistant I Project Coordinator (360) 473-5269 alyce.fierro@ci.bremerton.wa.us 1.2.2 Regulatory Agencies The City will work closely with the EPA and Washington State Department of Ecology (Ecology) to achieve Project objectives, maintain budgets and schedules, and prepare plans and reports. The City will coordinate with EPA and Ecology to establish site eligibility and enroll hazardous substance and petroleum brownfield sites in appropriate cleanup programs (e.g. leaking underground storage tank [LUST] or Voluntary Cleanup Program [VCP]). The City will coordinate with Ecology and EPA (as needed) for technical support, resolution of regulatory/procedural issues, and interpretation of rules/guidance documents. Ecology will provide review and approval of Cleanup Action Plans (CAPs) for sites requiring remedial action. 1.2.3 Consultant Team The City routinely contracts engineering and consulting services and has management and procurement procedures in place to acquire these services through a competitive qualifications and evaluation and/or bidding process. In advance of the grant application, the City undertook a qualifications -based procurement and evaluation process, consistent with applicable federal procurement rules (2 CFR 200.317 - 200.326 and 2 CFR Part 1500). The City solicited qualified consulting firms through a competitive public Request for Qualifications Page 2 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 (RFQ) seeking support for the Project. A panel of City staff reviewed the proposals. In the fall of 2016, a team led by Stantec Consulting Services Inc. ("the Consultant") was selected by the City to provide technical and project management assistance. 1.2.4 Brownfield Advisory Committee (BAC) The City has received commitment from community stakeholders for participation on a BAC. The BAC will serve as the Project steering committee and will be comprised of representatives from community organizations, state and local government agencies, environmental and health organizations, property/business owners, real estate professionals, community members, and other stakeholders. 1.2.5 Summary of Roles and Responsibilities by Project Task Brownfield assessment funding from EPA will be used to cover the costs of activities in direct support of brownfields sites as defined under CERCLA 101(39). The overall coordination of the Project will be carried out by Andrea Spencer with assistance from Alyce Fierro. Technical assistance and oversight will be performed by the Consultant and Ecology. An overview of the Project tasks and lead entities for each task is provided below. Task 1 - Project Management, Reporting & Other Eligible Program Activities: This task will be carried out by the City with assistance from the Consultant. • Task 2 - Public Involvement: This task will be carried out by the City with assistance from the BAC and Consultant. Task 3 - Site Inventory, Prioritization & Eligibility: This task will be facilitated by the Consultant with assistance from the City and BAC. The City and BAC will develop the prioritization criteria and approve the prioritization process. Eligibility Determination (ED) requests for use of hazardous substances grant funds will be submitted to EPA for approval. ED requests for use of petroleum grant funds will be submitted to Ecology for approval. • Task 4 - Phase I Environmental Site Assessments (ESAs): This task will be carried out by the Consultant with assistance from the City. Task 5 - Phase II ESAs: This task will be carried out by the Consultant with assistance from the City. Task 6 - Analysis of Brownfield Cleanup Alternatives (ARCA), Cleanup Action Plans (CAPs) & Area -Wide Planning (AWP): This task will be carried out by the Consultant with assistance from the City and BAC. Page 3 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 1.3 Project Outputs & Outcomes 1.3.1 Project Outputs The City will inventory and assess hazardous substance and petroleum brownfields within the community to catalyze cleanup and revitalization of priority sites. The City anticipates specific outputs to include the following: Task 1 - Project Management Reporting & Other Eligible Program Activities • Prepare Quarterly Progress Reports (APRs). • Prepare annual Disadvantaged Business Enterprise (DBE) Reports. • Update property profiles in Assessment, Cleanup and Redevelopment Exchange System (ACRES). • Prepare final DBE Report, Federal Financial Report (FFR)and Project Close -Out Report. Task 2 - Public Involvement • Coordinate and conduct meetings with the BAC, developers, property owners, other stakeholders, and the general public. • Solicit, discuss and implement meaningful public input into the grant processes. • Prepare and publish public notices. • Prepare meeting materials, presentations and meeting minutes. • Prepare and distribute Project fact sheets and other informational materials. • Develop and regularly update a Project -specific webpage. Task 3 - Site Inventory, Prioritization L Eligibility • Complete an inventory of potential brownfield sites in the target areas. • Incorporate portions of the inventory into existing GIS database(s). • Prioritize sites for assessment and/or cleanup/reuse planning activities. • Prepare site-specific eligibility determination (ED) requests for priority sites for submittal to EPA (hazardous substance sites) and/or Ecology (petroleum sites). Task 4 - Phase I ESAs • Obtain Access Agreements for sites prioritized for Phase I ESAs. • Prepare Health and Safety Plans (HASPs) for sites selected for Phase I ESAs. • Complete Phase I ESAs in compliance with ASTM E1527-13 at up to 8 high priority brownfield sites (-4 each for hazardous substance and petroleum impacted sites). Page 4 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Task 5 - Phase II ESAs • Develop a comprehensive Quality Assurance Project Plan (QAPP). • Obtain Access Agreements for sites prioritized for Phase II ESAs. • Prepare HASPs, Site -Specific Sampling and Analysis Plans (SSSAPs) and Section 7 and 106 consultations for sites selected for Phase II ESAs. • Complete Phase II ESA and/or supplemental assessment activities at up to 4 high-priority brownfields sites (-2 each for hazardous substances and petroleum impacted sites). Task 6 - ABCAs. CAPS & AWP • Prepare site-specific analysis of brownfield cleanup alternatives (ABCAs) and/or cleanup action plans (CAPs) at up to 2 high-priority brownfields sites (-1 each for hazardous substances and petroleum impacted sites). • Conduct area -wide planning (AWP) for up to one priority brownfield area (impacted by hazardous substances and petroleum) identified through the inventory and outreach process. 1.3.2 Project Outcomes Grant funding will allow the City to build a Brownfield Revitalization Program. The City will develop the organizational infrastructure to enhance the processes for assessing, remediating, and catalyzing brownfield redevelopment. Other key objectives include raising awareness of brownfields and brownfield redevelopment tools; spurring private investment and creating jobs through development projects on brownfield sites; and reducing threats to human health and the environment. The following types of potential outcomes will be tracked on a quarterly basis for sites where EPA grant funds are used: • Number of potential brownfield sites identified/prioritized. • Number of sites and acres for which Phase I ESAs are performed. • Number of sites and acres for which Phase II ESAs are performed. • Incorporation of green and sustainable assessment and remediation (GSR) techniques that are applicable to Phase II ESA activities. • Number of sites and acres for which remedial planning is performed. • Numbers of sites for which property title transfers are facilitated. • Acres of land redeveloped and square footage of buildings positioned for adaptive reuse. • Acres of parks or green space created. • Amount of additional public and private investment leveraged. • Amount of other funding leveraged. • Number of jobs created or retained. • Number of community meetings held. Page 5 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.0 PROJECT TASK DESCRIPTIONS In the following sections we include descriptions of the activities anticipated for each task as well as a detailed breakdown of the budget associated with each task. The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. A description of requested pre -award activities and costs is provided in Section 5.0. 2.1 Task 1: Project Management, Reporting & Other Eligible Activities 2.1.1 Project Management & Reporting Activities Objective: Manage the Project in accordance with EPA requirements and CA terms and conditions. Lead: The City is responsible for overall project management and will direct all Consultant activities, regularly monitor the schedule and budget for each task, handle all correspondence with EPA, and host project check-in meetings (as needed) with the EPA Project Officer. The City will facilitate regularly scheduled, bi-monthly project check-in meetings with the Consultant to monitor project progress and ensure agreed upon activities are moving forward on schedule and within budget. (More frequent check-in meetings will be hosted as needed during times of high activity.) As directed by the City, the Consultant will assist with compliance reporting activities such as Quarterly Progress Reports, Annual Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports, and Project Close -Out Reports. Milestones. Deliverables & Schedule: • The Brownfields Project Manager (Andrea Spencer) with support from the Brownfields Project Coordinator (Alyce Fierro) will coordinate grant activities with the Consultant and BAC and will serve as liaison to Ecology, EPA and other stakeholders. • Records will be created and maintained for each property that receives grant funds (i.e. documentation of where/how grant funds are used and property profiles updated in ACRES). Property profiles will be completed and updated quarterly in ACRES for each property where grant funds are expended. • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September (i.e. reports will be submitted by January 30, April 30, July 30, and October 30)]. These reports will describe the progress made for each task defined in this Work Plan and additional information as required in EPA's CA Terms and Conditions. The reports will be submitted electronically to the EPA Project Officer unless another arrangement is discussed and approved by EPA. • Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports will be prepared and submitted to EPA annually within 30 days of the end of the fiscal year ending in September (i.e. reports will be submitted by October 30). Page 6 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • A final Project Close -Out Report, DBE Report and Federal Financial Report (FFR) will be completed and submitted (electronically) to the EPA Project Officer within 90 calendar days (or sooner) following the expiration or termination of the award. The final report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and Project fact sheet and/or other information on project success stories. 2.1.2 Task 1 Budget Detail Task 1 Budget Detail by Activity Description Units Cost per Unit Total Project Management & Reporting -- -- -- Contractual (Hazardous Substances) 94 hours $150/hour $14,100 Contractual (Petroleum) 94 hours $150/hour $14,100 Hazardous Substances Budget -- -- $14,100 Petroleum Budget -- -- $14,100 Total Budget (Hazardous Substances & Petroleum) -- -- $28,200 Task 1 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $14,100 $0 $14,100 Petroleum Budget $0 $14,100 $0 $14,100 Total Budget (Hazardous & Petroleum) $0 $28,200 $0 $28,200 2.2 Task 2: Public Involvement 2.2.1 Public Outreach & Involvement Activities Objective: Ensure community concerns are considered and inform assessment planning and execution. Lead: The City will lead public outreach with support from the Brownfield Advisory Committee (BAC) and Consultant, as needed. Milestones & Deliverables: • Convene the BAC. • Coordinate and conduct at least six meetings with the BAC, stakeholders, and the public to solicit input, publicize the program and promote community and property -owner participation. Page 7 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites of concern and to identify sites where environmental contamination (real or perceived) may be limiting redevelopment/reuse and business expansion. Estimated Submittal/Completion Dates: • September 2017: Develop Site Nomination Form. • January 2018: Convene the BAC composed of community organizations and other stakeholders identified during the grant application process to plan and guide community outreach efforts. BAC meetings will be ongoing throughout the Project (with a minimum of one per year). • February 2018: Host the first Public Open House/Meeting. Public meetings will be ongoing throughout the Project (with a minimum of one per year). Note: The meeting dates provided above are estimates and may change to coordinate BAC and/or public meetings with other relevant project meetings hosted by the City. 2.2.2 Project Updates & Other Public Information Activities Objective: Ensure the community is kept informed of Project goals, methods, and progress and ensure the public is provided opportunity for meaningful participation. Lead: The City will lead this task with support from the BAC and Consultant. As directed by the City, the Consultant will prepare project fact sheets and other informational materials for the project webpage. Milestones & Deliverables: • Project webpage will be developed and updated throughout the life of the Project. • Fact sheets (specific to property owners and the general public) will be prepared and distributed at the beginning of the Project, if there are new developments, and after the assessment is complete. They will be distributed at the first community meeting and made available on the project webpage. • A Process Guide will be prepared to inform property owners of what to expect should grant -funded Phase I and/or II ESA activities be approved for their property. • Press releases will be used to inform the public of the project, announce key milestones, and upcoming meeting dates. • Meeting minutes, handouts and presentations will be prepared for all BAC and community outreach meetings and will be made available on the project webpage. Estimated Submittal/Completion Dates: • Summer 2017: Publish article/press release announcing EPA grant award. • September 2017: Develop Project fact sheets for community members and stakeholders, Process Guide for property owners, and webpage content. • Fall/Winter 2017: Publish Project webpage and update throughout the life of the Project. Page 8 2.2.3 Task 2 Budget Detail City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Task 2 Budget Detail by Activity Description Unh Cost per Unit Total Public Outreach & Involvement -- -- -- Contractual (Hazardous Substances) 50 hours $150/hour $7,500 Contractual (Petroleum) 50 hours $150/hour $7,500 Project Updates & Other Public Information -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $12,000 Petroleum Budget -- -- $12,000 Total Budget (Hazardous Substances & Petroleum) -- -- $24,000 Task 2 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $12,000 $0 $12,000 Petroleum Budget $0 $12,000 $0 $12,000 Total Budget (Hazardous & Petroleum) $0 $24,000 $0 $24,000 2.3 Task 3 - Site Inventory, Prioritization & Eligibility 2.3.1 Site Inventory & Prioritization Activities Objective: Build a GIS -based inventory of brownfield sites in the target areas as a foundation for identifying priority cleanup and redevelopment opportunity sites, reaching out to owners, and selecting sites for assessment. The data may be integrated with other databases to better relate the presence of brownfields to various economic impacts and/or health data. The following activities may be completed as part of the inventory: • Identify environmental records for all sites in the target areas listed in EPA, Ecology and/or local environmental databases; • Review select City, County and State records that are potentially relevant to identifying brownfields (including occupancy and other permits, tax delinquency status, building code violations, Loopnet, assessors data, and sites identified in recent plans and studies); • Review available historical Sanborn Fire Insurance Maps, aerial photographs, topographic maps, city directories and/or other sources of information to identify historic sites which have a significant potential for impacts; Page 9 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 • Survey local real estate industry representatives for information on sites in the target areas; • Conduct tours/inspections throughout the target areas to identify blighted or vacant potential Brownfield sites that are not recorded in existing databases or identified by recent plans/studies; and • Review other State and County records to verify that all sites with known or suspected impacts or threats to public health are included in the evaluation/prioritization process. Following inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The following criteria will be analyzed when prioritizing sites: • economic development potential/opportunities; • known or suspected threats to public health; • sites identified in existing community planning documents; • degree of known or suspected environmental impacts; • degree of blight or underutilization; • tax delinquency status; • community concerns; and • social, demographic and health data (as available) within the immediate vicinity of the site. Lead: At the direction of the City, the Consultant will lead technical activities associated with the inventory with support from the City and the BAC. The City will lead site prioritization activities with support from the BAC. Milestones & Deliverables: • GIS -based comprehensive inventory of potential brownfield sites within target areas. • GIS maps of potential brownfields sites, as needed, for planning and property redevelopment marketing. • Brownfield inventory report documenting inventory and prioritization methods. Estimated Submittal/Completion Dates: • Spring 2018: Initial inventory and ranking completed (to be updated throughout Project). 2.3.2 Site Eligibility Determination (ED) Request Activities Objective: The Consultant will prepare ED requests for sites prioritized for assessment and/or cleanup planning activities. Site ED requests will be submitted to the EPA Project Officer using the supplied request form. Site eligibility will be reviewed by the EPA Project Officer (for hazardous substance sites) and/or Ecology (for petroleum sites) for concurrence prior to initiating any site-specific work. Page 10 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Lead: The City will lead ED Request activities with support from the Consutlant to prepare ED Forms for submittal to EPA (for hazardous substances and petroleum sites) and Ecology (for petroleum sites). Milestones and Deliverables: Deliverables include completed/approved ED forms. Estimated Submittal/Completion Dates: ED requests will be prepared and submitted to EPA and Ecology throughout the grant period. The first ED request is estimated to be completed in winter of 2017/2018. 2.3.3 Task 3 Budget Detail Task 3 Budget Detail by Activity Description Units Cost per Unit Total Site Inventory & Prioritization -- -- -- Contractual (Hazardous Substances) 80 hours $150/hour $12,000 Contractual (Petroleum) 80 hours $150/hour $12,000 ED Requests for Priority Sites -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $16,500 Petroleum Budget -- -- $16,500 Total Budget (Hazardous Substances & Petroleum) -- -- $33,000 Task 3 Budget Detail by Funding Type FundingT Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $16,500 $0 $16,500 Petroleum Budget $0 $16,500 $0 $16,500 Total Budget (Hazardous & Petroleum) $0 $33,000 $0 $33,000 Page 11 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.4 Task 4 — Phase I ESAs 2.4.1 Phase I ESA Activities Objective: Evaluate past and current site uses to assess potential for environmental contamination. Phase I ESAs will support property transfers and eventual redevelopment, and provide information for evaluating the need for Phase II ESAs and cleanup. The City anticipates conducting Phase I ESAs on up to 8 sites (-4 each at hazardous substance and petroleum impacted sites). The Consultant will complete Phase I ESAs in accordance with ASTM Practice E1527-13. The City will contact site owners and negotiate access agreements. The ACRES database will be updated following completion of each Phase I ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase I ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Milestones and Deliverables: Deliverables include site-specific Health and Safety Plans (HASPs) and Phase I ESA reports. Estimated Submittal/Completion Dates: Phase I ESA reports will be prepared throughout the grant period. The first Phase I ESA report is estimated to be completed in spring of 2018. 2.4.2 Task 4 Budget Detail Task 4 Budget Detail by Activity Description Units Cost per Unit Total Phase I ESAs Hazardous Substances Budget $0 $20,000 Contractual (Hazardous Substances) -4 sites $5,000/site $20,000 Contractual (Petroleum) -4 sites $5,000/site $20,000 Hazardous Substances Budget -- -- $20,000 Petroleum Budget -- -- $20,000 Total Budget (Hazardous Substances & Petroleum) -- -- $40,000 Task 4 Budget Detail by Funding Type FundingT Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $20,000 $0 $20,000 Petroleum Budget $0 $20,000 $0 $20,000 Total Budget (Hazardous & Petroleum) $0 $40,000 $0 $40,000 Page 12 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.5 Task 5 - Phase II ESAs 2.5.1 Quality Assurance Project Plan (QAPP) Activities Objective: Establish quality assurance/quality control (QA/QC) procedures applicable throughout the life of the grant -funded Project. Before beginning Phase II ESA work, both the City and the Consultant will participate in a pre-QAPP conference call with EPA, if required. A draft comprehensive (i.e. not site-specific) QAPP be prepared and submitted to EPA and Ecology (if desired) for review and approval. The Consultant will finalize the QAPP once EPA has reviewed and provided comments on the draft. Lead: The Consultant will prepare the comprehensive QAPP and the City will review and approve the draft prior to submittal to EPA. Milestones & Deliverables: Draft and Final Comprehensive QAPP. Annual QAPP Revisions. Estimated Submittal/Completion Dates: • January 2017: Draft QAPP submitted to EPA for review. • March/April 2018: Final QAPP completed (pending EPA review time). 2.5.2 Phase II ESA Activities Objective: Collect environmental sampling data to assess conditions, evaluate risks to human health and the environment, prepare for cleanup planning, and facilitate property transfers and redevelopment. The City anticipates conducting Phase II ESAs on up to 4 sites (-2 each at hazardous substance and petroleum impacted sites) where the Phase I ESAs or other available information suggests that additional investigation is warranted. Phase II ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. SSSAPs and HASPs addressing each property where Phase II ESA work is anticipated will be submitted to EPA for review prior to conducting any field activities. For each Phase II ESA to be conducted, the Consultant will also provide information to the City to help fulfill EPA's requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA). The information will include the location of the Project, any threatened or endangered species or habitat that may be affected by the Project, whether a site is of concern to the State Historic Preservation Officer (SHPO), a list of Tribes who might believe the Project could disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans could have adverse effects on endangered or cultural resources. The ACRES database will be updated following completion of each Phase II ESA. Page 13 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase II ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Page 14 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Milestones and Deliverables: • EPA -approved SSSAPs • Site-specific HASPs • Phase II ESA Report(s) • Updated ACRES database • Green and sustainable efforts updates (included in quarterly reporting) • Section 7 and NHPA consultations (as necessary) Task 3 (Phase II ESA Subtask) Estimated Submittal/Completion Dates: • Summer/Fall 2018: Phase II ESA fieldwork underway at first site. • Fall 2018/Winter 2019: First Phase II ESA report(s) completed (ongoing throughout Project). 2.5.3 Task 5 Budget Detail Task 5 Budget Detail by Activity Description Units Cost per Unit Total Comprehensive QAPP -- -- -- Contractual (Hazardous Substances) 0.5 $6,000/QAPP $3,000 Contractual (Petroleum) 0.5 $6,000/QAPP $3,000 Phase II ESAs -- -- -- Contractual (Hazardous Substances) -2 sites $29,000/site $58,000 Contractual (Petroleum) -2 sites $29,000/site $58,000 Hazardous Substances Budget -- -- $61,000 Petroleum Budget -- -- $61,000 Total Budget (Hazardous Substances & Petroleum) -- -- $122,000 Task 5 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $63,000 $0 $61,000 Petroleum Budget $0 $63,000 $0 $61,000 Total Budget (Hazardous & Petroleum) $0 $126,000 $0 $122,000 Page 15 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning 2.6.1 Site -Specific Cleanup Planning Activities Objective: Prepare site-specific ABCAs and/or CAPs for up to 2 sites (-1 each for hazardous substances sites and petroleum impacted sites) to address contamination, risks to human health and the environment, and support brownfield redevelopment. The City will conduct cleanup and redevelopment planning as required by Ecology and/or EPA for brownfields where redevelopment is imminent and such activities will move redevelopment forward. Planning may include preparation of ABCAs and/or CAPs. The plans/reports will describe detected contamination; conceptual site models; site-specific remedial action objectives; state and federal cleanup regulatory requirements; and evaluation of institutional and engineering controls. Stakeholder meetings will be held, as needed, to develop and review the most appropriate and effective remedial options for each selected brownfield site and redevelopment. The City and environmental Consultant will work closely with Ecology and EPA when considering options for cleanup planning. Grant funds may be used to manage the Public Notice and comment period for any ABCAs prepared using grant funding, including documentation of significant comments received and how they were/are being responded to. This task also includes site reuse planning, which may include a variety of activities to identify potential future uses. These eligible activities may include market research and a variety of community outreach activities (such as design charrettes), which are specifically referenced as eligible activities under EPA community -wide assessment grants. Any "site-specific" reuse planning activities will be performed only on those parcels confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will support data acquisition, planning, and deliverable review and distribution. Milestones & Deliverables: Deliverables for this task will be site-specific ABCAs and/or CAPS. Estimated Submittal/Completion Dates: • Summer 2019: First written site-specific ABCA/CAP complete. 2.6.2 AWP Activities Objective: Identify potential future uses for up to one targeted brownfields area (impacted by hazardous substances and petroleum) and develop strategies to facilitate the reuse of existing infrastructure, as well as identifying potential infrastructure investments needed to accommodate alternative future uses. With support from the City and the BAC, the Consultant will develop up an AWP document for up to one target area to be determined during outreach and inventory activities. AWP activities will be tailored to each focus area and may include market analysis, existing Page 16 conditions/infrastructure community visioning implementation plan. City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 evaluation studies, site-specific reuse planning for catalyst sites, and exercises to inform a common redevelopment strategy and AWP efforts may include a variety of community outreach activities (such as design charrettes), which are also specifically referenced as eligible activities under EPA Brownfields Assessment Grants. Any reuse planning activities that are "site-specific" will be performed only on those parcels that are confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will lead public outreach actvitivies with support from the BAC and Consultant. The City will review and distribute deliverables. Milestones & Deliverables: Brownfields AWP. Estimated Submittal/Completion Dates: e July 2020: Anticipated completion date for AWP. 2.6.3 Task 6 Budget Detail Task 6 Budget Detail by Activity Description Units Cost per Unit Total Site -Specific ABCAs/CAPs -- -- -- Contractual (Hazardous Substances) -1 site $9,000/site $9,000 Contractual (Petroleum) -1 site $9,000/site $9,000 AWP -- -- -- Contractual (Hazardous Substances) -0.5 area $34,800/area $17,400 Contractual (Petroleum) -0.5 area $34,800/area $17,400 Hazardous Substances Budget -- -- $26,400 Petroleum Budget -- -- $26,400 Total Budget (Hazardous Substances & Petroleum) 1-- -- $52,800 Task 6 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $26,400 $0 $26,400 Petroleum Budget $0 $26,400 $0 $26,400 [Total Budget (Hazardous & Petroleum) $0 $52,800 $0 $52,800 Page 17 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 3.0 SCHEDULE AND DELIVERABLES The table below summarizes the anticipated deliverable schedule (assuming a project start date of September 1, 201 7) and the agency/office each will be submitted to. DUE DATE ITEM EPA PO STATE EPA EPA GRANTS FINANCE ■ Kick-off/pre-QAPP meeting with Consultant and EPA. ■ Preliminary inventory work. ■ Develop project fact sheets and webpage content. Months 1-4 ■ Develop Site Nomination Form and X (Sept. -Dec. 2017) Access Agreement Template. ■ Develop comprehensive QAPP. ■ Establish access into ACRES. (Property Profile Forms will be entered into ACRES as property specific projects are completed.) ■ BAC Kick -Off Meeting (meetings will be ongoing with a minimum of Month 5 one/year) (Jan. 2018) - Quarterly Progress Report (QPR) #1 for X period 09/01/17-12/31/17 (forpre- awardand 1 Q18 activities) - continue quarterly for as long as needed Month 5 (Jan. 2018) Submit Draft QAPP for approval X X Month 6 First public meeting (meetings will be X (Feb. 2018) ongoing with a minimum of one/year) Months 7-8 Finalize comprehensive QAPP per (Mar. -Apr. 2018) agency comments (a SSSAP will be X X prepared for each property assessed) Month 9 Inventory developed & Site Selection X (May 2018) Criteria set Month 10 (June 2018) Top sites selected X Ongoing - At least X 30 days before assessment is ED approval requested & confirmed X (for petroleum scheduled to begin sites only) ■ Site Access Agreements Before fieldwork ' HASP begins • Section 7/NHPA Letters (not required X for Phase I ESA) ■ SSSAP ■ Phase I & II ESA Reports X (CAPs for sites Ongoing ■ ABCA/CAP Reports X requiring remedial ■ AWP Report action) Page 18 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 DUE DATE ITEM EPA PO STATE EPA EPA $0 $14,100 $0 $14,100 GRANTS FINANCE $12,000 DBE Report (MBE/WBE) $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 Reports will be submitted annually by 4) Phase I ESAs $0 $20,000 $0 Annually October 30th of each year. x $61,000 x $61,000 6) ABCAs, CAPs & AWP For forms & more information, visit: (copy) $0 $26,400 Total Budget (Hazardous Substances) $0 https://www.epa.gov/resources-small- $0 $150,000 businesses As Needed Requests for Reimbursement - see x Administrative Terms & Conditions Month 38 Fact Sheet - Assessment results x Final DBE & Federal Financial Reports (FFR; SF425) & Final Drawdown Months 38 - 41 For forms & more information, visit: (� Py) (� Py) x https:/Iw�ww. ep a.gavlgrantslepa- grantee-farms Closeout: Final Performance Report with Months 38 - 41 Summary Fact Sheet, Photos, and x Lessons Learned 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor 8 Frin e Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPs & AWP $0 $26,400 $0 $26,400 Total Budget (Hazardous Substances) $0 $150,000 $0 $150,000 Page 19 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 Petroleum Budget Task Personnel Labor & Fringe contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPs & AWP $0 $26,400 $0 $26,400 Total Budget (Petroleum) $0 $150,000 $0 $150,000 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum 4.2.1 Budget Detail by Task The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. Anticipated costs for each task are provided in the tables included in this section. A detailed description of the scope of work for each task along with a cost breakdown is provided in Section 2.0. 4.2.2 Budget Narrative by Expenditure Category (i) Personnel Labor & Fringe: none (ii) Contractual Task Number Amount Task 1 - Project Mgmt, Reporting & Other Eligible Activities $28,200 Task 2 - Public Involvement $24,000 Task 3 - Site Inventory, Prioritization & Eligibility $33,000 Task 4 - Phase I ESAs $40,000 Task 5 - Phase II ESAs $122,000 Task 6 - ABCAs, CAPs &AWP $52,800 Total Amount $300,000 (iii) Other: none Page 20 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 (iv) Total Budget Description Amount Personal Labor $0 Personal Fringe $0 Travel $0 Equipment Supplies $0 $0 Contractual $300,000 Other $0 Total Amount $300,000 5.0 PRE -AWARD COSTS & ACTIVITIES To get a quick -start on the project, the City requests the approval of $15,000 of pre- award costs and a project start date of September 1, 2017 for this CA. A breakdown of pre -award costs and activities is provided in the table below. Description Anticipated Anticipated Anticipated Cost Completion Dates Consuffant Hours (Contractuan Prepare for and host project kick-off meeting/pre- QAPP call with the EPA Project Officer and 09/6/17 25 $3,750 Consultant to review project scope, goals, and strategies. Develop fact sheets, webpage content and other outreach materials to inform the community about 9/15/17-9/30/17 20 $3,000 the project. Develop Site Nomination Form and Access 9/15/17-9/30/17 10 $1,500 Agreement template. Gather data and develop site inventory work plan. 09/30/17 20 $3,000 Initiate preparation of the comprehensive QAPP 09/30/17 25 $3,750 (following kick-off meeting/pre-QAPP call with EPA). TOTALS -- 100 hours $15,000 Note: The estimated budget was calculated using an average rate of $150/hour for contractual services. Page 21 AGENDA BILL CITY OF BREMERTON B7 CITY COUNCIL SUBJECT: Professional Services Study Session Date: August 23, 2017 Agreement with Stantec Consulting COUNCIL MEETING Date: September 6, 2017 Services, Inc. for administration of the Department: Community US EPA Brownfields Community -Wide Development Assessment and Area -Wide Planning Grant Presenter: Andrea Spencer Phone: 360-473-5283 SUMMARY: The Department of Community Development has selected Stantec Consulting Services, Inc. as a partner consultant to perform the work authorized by the FY2017 Environmental Protection Agency (EPA) Brownfields Community -Wide Assessment and Area -Wide Planning Grant which will allow the City to develop a Brownfields Revitalization Program. The work will begin with an inventory and assessment of sites in the areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, the Downtown Designated Blight Zone and possibly other areas within City limits as directed by the City. Stantec was selected in 2016 after an extensive process that adhered to Federal procurement guidelines. In November 2016 Community Development received City Council's approval to move forward with Stantec's no -cost option to the City to assist with the grant application and if successful in obtaining funding, Community Development was to bring Stantec's administrative professional services agreement to City Council for approval. With Stantec's assistance we were successful in obtaining $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) in no -match grant funds with potential for added funding later in the project. This agreement with Stantec for administrative services is at no cost to the City as it precludes payments in excess of grant administrative allowances of $300,000 over the next three years (term of grant). ATTACHMENTS: Professional Services Agreement between the City of Bremerton and Stantec Consulting Services, Inc. for the administration the US EPA Brownfield Community -Wide Assessment and Area -Wide Planning grant. FISCAL IMPACTS: (Include Budgeted Amount): With the acceptance of the EPA Brownfields Grant the City Council amended the 2017 DCD Budget to authorize this expenditure. It is anticipated that $75,000 will be spent in 2017, $125,000 in 2018 and $100,000 in 2019. These expenditures will be reimbursed by EPA grant in full and there will be no impact to the General Fund. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Stantec Consulting Services, Inc. in the amount of $300,000.00 for the administration of the US EPA Brownfield Community -Wide Assessment and Area -Wide Planning grant and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT U.S. ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD GRANT APPLICATION AND IMPLEMENTATION ASSISTANCE Between the City of Bremerton and STANTEC Consulting Services, Inc. The City of Bremerton ("City") and Stantec Consulting Services Inc. (Stantec) ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 26, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. As identified in the attached exhibits, the Scope of Work consists of two phases; Phase I - U.S. EPA Grant Application Services ("Phase P'), and Phase II - U.S. EPA Grant Implementation Services ("Phase IP'). II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IKA of this agreement. Consultant shall perform the services for Phase 11 only upon the following conditions: 1) grant funding is successfully obtained, 2) the grant award(s) and Stantec's services and fees are accepted and approved by City Council, and 3) EPA has approved Stantec's fees, services and schedule. If these conditions are not met, this Agreement shall terminate at the completion of Phase I and Consultants services will not be performed for Phase II. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant an amount not to exceed $0.00 (Zero Dollars) for Phase I services. If all of the conditions for implementation of Phase II are met as set forth in Section 11 above, the City shall compensate Consultant for services performed pursuant to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 1 of 36 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 2 of 36 IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6a' Street, Suite 600, Bremerton, Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 3 of 36 WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Upon full payment of all monies owed to the Consultant, original documents, drawings, designs and reports ("Records and Documents"), including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, or is disclosed pursuant to the requirements of a governmental authority or judicial order, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bellevue, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 4 of 36 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address City of Bremerton 3456 th Street, Suite 600 Bremerton, WA 98337 Consultant Address Stantec Consulting Services Inc. 11130 NE 33rd Place, Suite 200 Bellevue, WA 98004 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 5 of 36 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delay The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 6 of 36 CITY OF BREMERTON CONSULTANT Stantec Consulting Services Inc. its: its: Date: Date: Approved as to form: Bremerton City Attorney Attest: City Clerk Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 7 of 36 EXHIBIT A SCOPE OF WORK October 26, 2016 Stantec Consulting Services Inc. (Stantec) will perform the following services for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). The project shall have two phases: • Phase I -U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services PHASE I SCOPE - U.S. EPA GRANT APPLICATION SERVICES Stantec prepared a single application for hazardous and petroleum substance brownfield funding as a part of the FY17 EPA Brownfield Assessment Grant Competition, announced in October 2016 and due in December 2016. The successful grant application was prepared at no cost to the City. Stantec also assisted the City with pre -award tasks and administrative requirements to initiate the grant processes with EPA, including establishing a Cooperative Agreement (CA) Work Plan (provided as Attachment 1). Pre -award tasks commenced upon notification of funding award from EPA in May 2017 and will be completed in advance of the CA start date(September 1, 2017). Pre -award tasks will be completed at no cost to the City. PHASE II SCOPE - U.S. EPA GRANT IMPLEMENTATION SERVICES A brief description of the proposed scope of work for each of the six (6) main project tasks is presented below. The detailed scope of work and budget for each task were established via the EPA -approved CA Work Plan (provided as Attachment 1) and Bremerton City Council's approval to accept the grant funds and Stantec's Phase II fees, scope and schedule. Phase II Tasks Task 1- Project Management, Reporting and Other Eligible Activities The objective of this task is to properly manage the project per EPA and City requirements. At the City's direction Stantec will assist with the preparation of all quarterly and annual financial and progress reports and provide technical assistance and updates including site-specific information required to complete property profile updates in EPA's Assessment, Cleanup and Redevelopment Exchange (ACRES) database. Task 2 -Public Involvement The objective of this task is to ensure that community concerns are considered in assessment planning and execution and that the public is informed of project progress and provided opportunity for meaningful participation. Stantec will work with the City to conduct outreach tasks, including the following: • Coordinate and conduct meetings with the Brownfield Advisory Committee (BAC), stakeholders, and the public; Prepare meeting materials and presentations; and Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 8 of 36 • Prepare and publish public notices, press releases, project information sheets and website materials, compatible with the City's brand and public information image. Task 3 - Site Inventory, Prioritization and Eligibility Site Inventory and Prioritization Stantec will create a comprehensive database of potential brownfield sites within the focus areas, which will be used by the City to prioritize opportunity sites for grant -funded activities (i.e., Phase I/II ESAs, cleanup planning, etc.). Various historical, environmental and county assessor data will be used to develop a Site Inventory Tool, a GIS -linked database of commercial and industrial parcels. Following initial inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The inventory will be further evaluated by the City, BAC and real estate strategists to identify and focus ESA and other cleanup reuse planning activities on those sites with the greatest redevelopment potential. Eligibility Determinations Stantec will complete Eligibility Determination (EDs) Forms for prioritized brownfield sites selected by the City in accordance with EPA requirements. Task 4 - Phase I ESAs Stantec will complete Phase I ESAs at select, eligible priority sites. All Phase I ESAs will be performed in accordance with the All Appropriate Inquired Final Rule and the standards set forth in the ASTM E1527-13 Phase I Environmental Site Assessment Process. Task 5 - Phase II ESAs QAPP. SAPS & HASPs EPA requires that an approved Quality Assurance Project Plan (QAPP) and site-specific Sampling and Analysis Plan (SAP) are approved by EPA before Phase II ESA activities are initiated. Stantec will prepare a comprehensive QAPP (covering both petroleum and hazardous substances brownfield sites) for approval by EPA. For each site approved for Phase II ESA activities, a SAP and a Health and Safety Plan (HASP) prior to initiating Phase II ESAs. Stantec will complete Phase II ESAs and/or other investigation/assessment activities at select eligible priority sites identified by the City. Stantec will also collect information necessary for Endangered Species Act, Section 7 and National Historic Preservation Act, Section 106, as applicable. Task 6 - Site -Specific Cleanup Planning and Area -Wide Planning Site -Specific Cleanup Planning At sites with significant documented environmental impacts, Stantec will prepare an Analysis of Brownfield Cleanup Alternatives (ABCA) and/or Cleanup Action Plan (CAP). The deliverable(s) will address detected contamination and risks to human health and the environment; provide a cost benefit analysis; evaluate feasible remedial actions/objectives and land re -use options; describe state and federal cleanup regulatory requirements; evaluate institutional and engineering controls; and support brownfield redevelopment. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 9 of 36 Area -Wide Planning Area -Wide Planning (AWP) may include a variety of activities to identify potential future use for brownfields -impacted area(s) and develop strategies to facilitate the reuse of existing infrastructure and/or identify potential infrastructure investments needed to accommodate alternative future uses. These activities may include market research, infrastructure and/or transportation analysis, urban planning and design, and/or other economic assessment plans to determine how to optimize reuse and attract development. The scope of this task will be determined based on a scoping meeting with the City. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 10 of 36 EXHIBIT B SCHEDULE Stantec Consulting Services Inc. (Stantec) has prepared the following schedule to perform the services outlined in Exhibit A for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). Per the scope of work described in Exhibit A, the project shall have two phases: • Phase I -U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services Phase I Preliminary Schedule Phase I services included preparation of the City's successful EPA Brownfields Assessment Grant during Fall 2016 and preparation of the City's EPA -approved Cooperative Agreement (CA) Work Plan during July 2017. Continued assistance will be provided (as needed) until the Phase II begins. Phase II Preliminary Schedule Per the CA Work Plan (provided as Attachment 1) approved by EPA, Phase II activities will begin September 1, 2017 pending acceptance of the grant award and approval of Stantec's services and fees by Bremerton City Council. The schedule for Tasks 1-6 is not to exceed 3 years following the receipt of funds from EPA. Per the CA Work Plan, the anticipated project period is September 1, 2017 through August 31, 2020. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 11 of 36 EXHIBIT C BUDGET Stantec Consulting Services Inc. (Stantec) has prepared the following budget to perform the services outlined in Exhibit A for U.S. EPA Brownfield Grant Application Services (Phase I) and Implementation Services (Phase II). Per the work plan described in Exhibit A, the project shall have two phases: • Phase I - U.S. EPA Brownfield Grant Application Services • Phase II - U.S. EPA Brownfield Grant Implementation Services Phase I Preliminary Budget No cost to City. Phase II Preliminary Budget All costs to the City are outlined in the EPA -approved CA Work Plan (provided as Attachment 1) and assume Stantec's services and fees are accepted and approved by City Council. The total anticipated contractual costs for Tasks 1-6 is not to exceed the amount of EPA Brownfield Assessment Grant funding awarded to the City (totaling $300,000 [$150,000 for hazardous substance brownfield sites and $150,000 for petroleum impacted brownfield sites]. Services will be billed on a time and materials basis (not to exceed $300,000) in accordance with the rate schedule included in Stantec's proposal dated October 24, 2016. The cost estimate included in the EPA -approved CA Work Plan is provided as Table 1 below. The rate schedule included in Stantec's proposal is provided as Table 2 on the following page. Task 5 - Phase II ESAs $61,000 $61,000 $122,000 Task 6 - Site -Specific Cleanup $26,400 $26,400 $52,800 Planning & Area -Wide Planning PHASE H TOTAL ESTIMATED COST. $150,000 $150,000 $300,000 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 12 of 36 Table 1: Project Budget Hazardous Petroleum Total Task 1- Project Management, $14,100 $14,100 $28,200 Reporting & Other Eligible Activities Task 2 -Public Involvement $12,000 $12,000 $24,000 Task 3 - Site Inventory, $16,500 $16,500 $33,000 Prioritization & Eligibility Task 4 - Phase I ESAs $20,000 $20,000 $40,000 Task 5 - Phase II ESAs $61,000 $61,000 $122,000 Task 6 - Site -Specific Cleanup $26,400 $26,400 $52,800 Planning & Area -Wide Planning PHASE H TOTAL ESTIMATED COST. $150,000 $150,000 $300,000 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 12 of 36 Table 2: Rate Schedule for Grant Implementation Services Key Team Member Role Hourly Anticipated Project Tasks Rate Stantec Consulting Services Inc. Field Technician $105 Fieldwork, Reporting Junior Geologist/Engineer/Scientist (Andrea Schweiter) $113 GIS, Site Inventory, Phase I/II ESAs, HASPS, SSSAPs, Fieldwork GIS Technician (Joe Neville) Project Coordinator $122 Project Administration, Report Production Intermediate Geologist/Engineer/Scientist $131 Phase I/II ESAs, HASPS, SSSAPs, Fieldwork,Reporting Grant Specialist (Andrea Pedersen) $141 Compliance Reporting, QA/QC, Project Management Support Professional Geologist/Engineer/Scientist $166 Site Inventory, Phase I/II ESAs, QAPP, QA/QC, (Cyrus Gorman & Kim Vik) Cleanup Planning Senior Brownfield Grant Specialist (Chris Gdak) Site Inventory & Eligibility, QA/QC, Market Senior Urban Planner & Entitlements Specialist $201 Analysis, Cleanup/Reuse Planning, AWP, (Gary Maynard) Community Outreach, Permitting, Entitlements Project Manager (Bill Webb) Project Management, QA/QC, Site Inventory & $221 Eligibility, Cleanup/Reuse Planning, AWP, Senior Environmental Scientist (Wayne Wright) Community Outreach, Permitting BERK Associate Planner $125 Real Estate Strategy, Redevelopment Planning, Public Outreach Land Use Planning Lead (Lisa Grueter) $175 Greenworks Landscape Designer III $120 Landscape Architecture, Green Space Planning Senior Project Manager $140 Principal, Landscape Architect (Mike Faha) $165 Rates will be fixed for a period of 24 months (per Section 2 of the RFQ) and then subject to annual increase. Stantec will provide cost estimates for other fees/expenses including equipment rental and other reimbursable expenses as needed during the course of the project (in advance of performing such services). All subconsultanV subcontractor fees, equipment, and reimbursable expenses will be charged at cost 10% markup. Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 13 of 36 ATTACHMENT 1 - STANTEC PROFESSIONAL SERVICE AGREEMENT BROWNFIELDS COMMUNITY -WIDE ASSESSMENT COOPERATIVE AGREEMENT WORK PLAN FOR City of Bremerton, Washington Fiscal Year 2017 Brownfields Assessment Grant for Sites Impacted by Hazardous Substances and Petroleum Anticipated Project Period: September 1, 2017 to August 31, 2020 Submitted on: June 22, 2017 (Draft Work Plan) July 24, 2017 (Final Work Plan) Submitted by: Alyce Fierro, Project Assistant (Brownfields Project Coordinator) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5269 Email: alyce.fierro@ci.bremerton.wa.us Lead Contact: Andrea L. Spencer, Community Development Director (Brownfields Project Manager) 345 6th Street, Suite 600, Bremerton WA 98337 Phone: (360) 473-5283 Email: andrea.spencer@ci.bremerton.wa.us Website: https://ci.bremerton.wa.us Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 14 of 36 City of Bremerton, Washington Cooperative Agreement Work Plan July 24, 2017 TABLE OF CONTENTS 1.0 INTRODUCTION........................................................................................................................ 16 1.1 Project Description, Goals & Objectives...............................................................................16 1.2 Organizational Structure & Responsibilities...........................................................................16 1.2.1 Key Personnel................................................................................................................................ 16 1.2.2 Regulatory Agencies................................................................................................................... 17 1.2.3 Consultant Team.......................................................................................................................... 18 1.2.4 Brownfield Advisory Committee (BAC).................................................................................... 18 1.2.5 Summary of Roles and Responsibilities by Project Task ......................................................... 18 1.3 Project Outputs & Outcomes..................................................................................................19 1.3.1 Project Outputs............................................................................................................................. 19 1.3.2 Project Outcomes........................................................................................................................ 20 2.0 PROJECT TASK DESCRIPTIONS................................................................................................ 21 2.1 Task 1: Project Management, Reporting & Other Eligible Activities..................................21 2.1.1 Project Management & Reporting Activities..........................................................................21 2.1.2 Task 1 Budget Detail....................................................................................................................22 2.2 Task 2: Public Involvement.....................................................................................................23 2.2.1 Public Outreach & Involvement Activities...............................................................................23 2.2.2 Project Updates & Other Public Information Activities......................................................... 23 2.2.3 Task 2 Budget Detail.................................................................................................................... 24 2.3 Task 3 - Site Inventory, Prioritization & Eligibility...................................................................25 2.3.1 Site Inventory & Prioritization Activities..................................................................................... 25 2.3.2 Site Eligibility Determination (ED) Request Activities..............................................................26 2.3.3 Task 3 Budget Detail.................................................................................................................... 27 2.4 Task 4 - Phase I ESAs...............................................................................................................27 2.4.1 Phase I ESA Activities................................................................................................................... 27 2.4.2 Task 4 Budget Detail.................................................................................................................... 28 2.5 Task 5 - Phase II ESAs..............................................................................................................28 2.5.1 Quality Assurance Project Plan (QAPP) Activities..................................................................28 2.5.2 Phase II ESA Activities...................................................................................................................29 2.5.3 Task 5 Budget Detail.................................................................................................................... 30 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning........................................30 2.6.1 Site -Specific Cleanup Planning Activities................................................................................30 2.6.2 AWP Activities...............................................................................................................................31 2.6.3 Task 6 Budget Detail....................................................................................................................32 3.0 SCHEDULE AND DELIVERABLES............................................................................................... 33 4.0 BUDGET.....................................................................................................................................34 4.1 Budget Tables by Funding Type.............................................................................................34 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum.................................35 4.2.1 Budget Detail by Task..................................................................................................................35 4.2.2 Budget Narrative by Expenditure Category...........................................................................35 5.0 PRE -AWARD COSTS & ACTIVITIES........................................................................................... 36 Stantec/USEPA Brownfield Grant Application & Implementation FY2017 Page 15 of 36 1.0 INTRODUCTION 1.1 Project Description, Goals & Objectives During Fiscal Year (FY) 2017, the United States Environmental Protection Agency (EPA) selected the City of Bremerton, Washington (referred to as "the City") as a recipient of Brownfield Community -Wide Assessment (CWA) Grant funding in the amount of $300,000 ($150,000 for hazardous substances and $150,000 for petroleum) to be used within a three-year period. The City is working to strengthen the local economy by attracting new, diverse industries; however, a surplus of brownfield sites have impeded this vision of recovery. Grant funding will allow the City to develop a Brownfield Revitalization Program (referred to as the "Project") which will begin with an inventory and assessment of sites in the target areas comprised of the Anderson Cove Neighborhood, Wheaton Way Corridor, Callow Avenue Corridor, and Designated Blight Zone. The City will also examine sites outside of the target areas and within City limits, as appropriate, to further local economic goals. The City will engage the community throughout the Project to prioritize revitalization opportunities in accordance with established community plans and objectives. The Project will include assessment activities at priority brownfield sites, including Phase I Environmental Site Assessments (ESAs; up to 8) and Phase 11 ESAs (up to 4), which may include regulated building materials (asbestos/lead) surveys. The project will also include preparation of site-specific Analysis of Brownfields Cleanup Alternatives (ABCAs) and/or Cleanup Action Plans (CAPs) (up to 2) and area -wide planning (AWP) activities for up to one priority brownfield-impacted area. To get a quick -start on the project, the City requests the approval of $15,000 of pre- award costs and a project start date of September 1, 2017 for this Cooperative Agreement (CA). A detailed breakdown of pre -award costs and activities is provided in Section 5.0. 1.2 Organizational Structure & Responsibilities In the following sections we describe the roles and responsibilities of key personnel and organizations supporting this project. 1.2.1 Key Personnel The City will be responsible for all administrative and programmatic tasks, including preparing and submitting quarterly, annual, and final program reports in compliance with the program requirements and the CA. The City has identified two experienced Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 16 of 36 project managers to fulfil the roles of Brownfields Project Manager (Ms. Andrea Spencer, Community Development Director) and Brownfields Project Coordinator (Ms. Alyce Fierro, Project Assistant). • Andrea Spencer, Community Development Director, City of Bremerton: Andrea will be the Brownfields Project Manager and main point -of -contact for this project. She has over 18 years of experience in local government planning, the last 1 1 of which have been at Bremerton. She manages the annual Community Development Block Grant (CDBG) federal funding program and all land use planning, building and environmental review for the City. She has led large planning efforts for interjurisdictional land use planning, engaged with citizens and special interest groups in the development of Comprehensive Plans, led changes to the City's Critical Areas Ordinance and Shoreline Master Programs without appeals, and spearheaded efforts to target the City's CDBG funding to abate downtown blight. Andrea's project management expertise is an asset to successful project execution and her role as the City's Community Development Director provides her with a comprehensive understanding of ongoing planning/redevelopment efforts and the ability to identify opportunities for leveraging concurrent grants and projects. • Alyce Fierro, Project Assistant, City of Bremerton: As the Brownfields Project Coordinator, Alyce will be responsible for overseeing administrative and financial reporting tasks (i.e. schedule/budget tracking, compliance reporting to EPA); executing outreach campaigns and organizing public events; ensuring the project webpage is maintained and informational materials are up-to-date; and serving as the public's primary point -of -contact for questions/comments. Alyce has over 15 years of project management experience and 12 years of experience managing municipal grants. She has extensive experience coordinating public outreach/involvement efforts and administrative tasks to comply with grant requirements (e.g. financial and progress reporting). Contact information for the individuals identified above is provided below. Personnel Name & Title Project Role Andrea Spencer Project Manager Community Development Director Alyce Fierro Project Coordinator Project Assistant 1.2.2 Regulatory Agencies Contact Info (360) 473-5283 andrea.spencer@ci.bremerton.wa.us (360) 473-5269 alyce.fierro@ci.bremerton.wa.us The City will work closely with the EPA and Washington State Department of Ecology (Ecology) to achieve Project objectives, maintain budgets and schedules, and prepare plans and reports. The City will coordinate with EPA and Ecology to establish site eligibility and enroll hazardous substance and petroleum brownfield sites in appropriate cleanup programs (e.g. leaking underground storage tank [LUST] or Voluntary Cleanup Program [VCP]). The City will coordinate with Ecology and EPA (as needed) for Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 17 of 36 technical support, resolution of regulatory/procedural issues, and interpretation of rules/guidance documents. Ecology will provide review and approval of Cleanup Action Plans (CAPs) for sites requiring remedial action. 1.2.3 Consultant Team The City routinely contracts engineering and consulting services and has management and procurement procedures in place to acquire these services through a competitive qualifications and evaluation and/or bidding process. In advance of the grant application, the City undertook a qualifications -based procurement and evaluation process, consistent with applicable federal procurement rules (2 CFR 200.317 - 200.326 and 2 CFR Part 1500). The City solicited qualified consulting firms through a competitive public Request for Qualifications (RFQ) seeking support for the Project. A panel of City staff reviewed the proposals. In the fall of 2016, a team led by Stantec Consulting Services Inc. ("the Consultant") was selected by the City to provide technical and project management assistance. 1.2.4 Brownfield Advisory Committee (BAC) The City has received commitment from community stakeholders for participation on a BAC. The BAC will serve as the Project steering committee and will be comprised of representatives from community organizations, state and local government agencies, environmental and health organizations, property/business owners, real estate professionals, community members, and other stakeholders. 1.2.5 Summary of Roles and Responsibilities by Project Task Brownfield assessment funding from EPA will be used to cover the costs of activities in direct support of brownfields sites as defined under CERCLA 101 (39). The overall coordination of the Project will be carried out by Andrea Spencer with assistance from Alyce Fierro. Technical assistance and oversight will be performed by the Consultant and Ecology. An overview of the Project tasks and lead entities for each task is provided below. • Task 1 - Project Management, Reporting & Other Eligible Program Activities: This task will be carried out by the City with assistance from the Consultant. • Task 2 - Public Involvement: This task will be carried out by the City with assistance from the BAC and Consultant. • Task 3 - Site Inventory, Prioritization & Eligibility: This task will be facilitated by the Consultant with assistance from the City and BAC. The City and BAC will develop the prioritization criteria and approve the prioritization process. Eligibility Determination (ED) requests for use of hazardous substances grant funds will be submitted to EPA for approval. ED requests for use of petroleum grant funds will be submitted to Ecology for approval. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 18 of 36 • Task 4 - Phase I Environmental Site Assessments (ESAs): This task will be carried out by the Consultant with assistance from the City. • Task 5 - Phase II ESAs: This task will be carried out by the Consultant with assistance from the City. • Task 6 - Analysis of Brownfield Cleanup Alternatives (ABCA), Cleanup Action Plans (CAPs) & Area -Wide Planning (AWP): This task will be carried out by the Consultant with assistance from the City and BAC. 1.3 Project Outputs & Outcomes 1.3.1 Project Outputs The City will inventory and assess hazardous substance and petroleum brownfields within the community to catalyze cleanup and revitalization of priority sites. The City anticipates specific outputs to include the following: Task 1 - Project Management, Reporting & Other Eligible Program Activities • Prepare Quarterly Progress Reports (APRs). • Prepare annual Disadvantaged Business Enterprise (DBE) Reports. • Update property profiles in Assessment, Cleanup and Redevelopment Exchange System (ACRES). • Prepare final DBE Report, Federal Financial Report (FFR)and Project Close -Out Report. Task 2 - Public Involvement • Coordinate and conduct meetings with the BAC, developers, property owners, other stakeholders, and the general public. • Solicit, discuss and implement meaningful public input into the grant processes. • Prepare and publish public notices. • Prepare meeting materials, presentations and meeting minutes. • Prepare and distribute Project fact sheets and other informational materials. • Develop and regularly update a Project -specific webpage. Task 3 - Site Inventory, Prioritization & Eligibility • Complete an inventory of potential brownfield sites in the target areas. • Incorporate portions of the inventory into existing GIS database(s). • Prioritize sites for assessment and/or cleanup/reuse planning activities. • Prepare site-specific eligibility determination (ED) requests for priority sites for submittal to EPA (hazardous substance sites) and/or Ecology (petroleum sites). Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 19 of 36 Task 4 - Phase I ESAs • Obtain Access Agreements for sites prioritized for Phase I ESAs. • Prepare Health and Safety Plans (HASPs) for sites selected for Phase I ESAs. • Complete Phase I ESAs in compliance with ASTM E1527-13 at up to 8 high priority brownfield sites (-4 each for hazardous substance and petroleum impacted sites). Task 5 - Phase II ESAs • Develop a comprehensive Quality Assurance Project Plan (QAPP). • Obtain Access Agreements for sites prioritized for Phase II ESAs. • Prepare HASPs, Site -Specific Sampling and Analysis Plans (SSSAPs) and Section 7 and 106 consultations for sites selected for Phase II ESAs. • Complete Phase II ESA and/or supplemental assessment activities at up to 4 high- priority brownfields sites (-2 each for hazardous substances and petroleum impacted sites). Task 6 - ABCAs, CAPs & AWP • Prepare site-specific analysis of brownfield cleanup alternatives (ABCAs) and/or cleanup action plans (CAPs) at up to 2 high-priority brownfields sites (-1 each for hazardous substances and petroleum impacted sites). • Conduct area -wide planning (AWP) (impacted by hazardous substances inventory and outreach process. 1.3.2 Project Outcomes for up to one priority brownfield area and petroleum) identified through the Grant funding will allow the City to build a Brownfield Revitalization Program. The City will develop the organizational infrastructure to enhance the processes for assessing, remediating, and catalyzing brownfield redevelopment. Other key objectives include raising awareness of brownfields and brownfield redevelopment tools; spurring private investment and creating jobs through development projects on brownfield sites; and reducing threats to human health and the environment. The following types of potential outcomes will be tracked on a quarterly basis for sites where EPA grant funds are used: • Number of potential brownfield sites identified/prioritized. • Number of sites and acres for which Phase I ESAs are performed. • Number of sites and acres for which Phase II ESAs are performed. • Incorporation of green and sustainable assessment and remediation (GSR) techniques that are applicable to Phase II ESA activities. • Number of sites and acres for which remedial planning is performed. • Numbers of sites for which property title transfers are facilitated. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 20 of 36 • Acres of land redeveloped and square footage of buildings positioned for adaptive reuse. • Acres of parks or green space created. • Amount of additional public and private investment leveraged. • Amount of other funding leveraged. • Number of jobs created or retained. • Number of community meetings held. 2.0 PROJECT TASK DESCRIPTIONS In the following sections we include descriptions of the activities anticipated for each task as well as a detailed breakdown of the budget associated with each task. The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. A description of requested pre -award activities and costs is provided in Section 5.0. 2.1 Task 1: Project Management, Reporting & Other Eligible Activities 2.1.1 Project Management & Reporting Activities Objective: Manage the Project in accordance with EPA requirements and CA terms and conditions. Lead: The City is responsible for overall project management and will direct all Consultant activities, regularly monitor the schedule and budget for each task, handle all correspondence with EPA, and host project check-in meetings (as needed) with the EPA Project Officer. The City will facilitate regularly scheduled, bi-monthly project check-in meetings with the Consultant to monitor project progress and ensure agreed upon activities are moving forward on schedule and within budget. (More frequent check-in meetings will be hosted as needed during times of high activity.) As directed by the City, the Consultant will assist with compliance reporting activities such as Quarterly Progress Reports, Annual Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports, and Project Close -Out Reports. Milestones, Deliverables & Schedule: • The Brownfields Project Manager (Andrea Spencer) with support from the Brownfields Project Coordinator (Alyce Fierro) will coordinate grant activities with the Consultant and BAC and will serve as liaison to Ecology, EPA and other stakeholders. • Records will be created and maintained for each property that receives grant funds (i.e. documentation of where/how grant funds are used and property profiles updated in ACRES). Property profiles will be completed and updated quarterly in ACRES for each property where grant funds are expended. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 21 of 36 • Progress reports will be prepared and submitted to EPA on a quarterly basis [due within 30 days of the end of each federal fiscal quarter ending December, March, June, and September (i.e. reports will be submitted by January 30, April 30, July 30, and October 30)]. These reports will describe the progress made for each task defined in this Work Plan and additional information as required in EPA's CA Terms and Conditions. The reports will be submitted electronically to the EPA Project Officer unless another arrangement is discussed and approved by EPA. • Disadvantaged Business Enterprises (DBE/MBE/WBE) Reports will be prepared and submitted to EPA annually within 30 days of the end of the fiscal year ending in September (i.e. reports will be submitted by October 30). • A final Project Close -Out Report, DBE Report and Federal Financial Report (FFR) will be completed and submitted (electronically) to the EPA Project Officer within 90 calendar days (or sooner) following the expiration or termination of the award. The final report will contain the same information as the Quarterly Progress Reports, but will cover the entire Project period. In addition, the final performance report will specifically address lessons learned, successes achieved, and Project fact sheet and/or other information on project success stories. 2.1.2 Task 1 Budget Detail Task 1 Budget Detail by Activity Description Units Cost per Unit Total Project Management & Reporting -- -- -- Contractual (Hazardous Substances) 94 hours $150/hour $14,100 Contractual (Petroleum) 94 hours $150/hour $14,100 Hazardous Substances Budget -- -- $14,100 Petroleum Budget -- -- $14,100 Total Budget (Hazardous Substances & Petroleum) I-- -- $28,200 Task 1 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $14,100 $0 $14,100 Petroleum Budget $0 $14,100 $0 $14,100 Total Budget (Hazardous & Petroleum) $0 $28,200 $0 $28,200 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 22 of 36 2.2 Task 2: Public Involvement 2.2.1 Public Outreach & Involvement Activities Objective: Ensure community concerns are considered and inform assessment planning and execution. Lead: The City will lead public outreach with support from the Brownfield Advisory Committee (BAC) and Consultant, as needed. Milestones & Deliverables: • Convene the BAC. • Coordinate and conduct at least six meetings with the BAC, stakeholders, and the public to solicit input, publicize the program and promote community and property -owner participation. • Prepare and make publicly available a Site Nomination Form to solicit community input regarding identification and prioritization of sites of concern and to identify sites where environmental contamination (real or perceived) may be limiting redevelopment/reuse and business expansion. Estimated Submittal/Completion Dates: • September 2017: Develop Site Nomination Form. • January 2018: Convene the BAC composed of community organizations and other stakeholders identified during the grant application process to plan and guide community outreach efforts. BAC meetings will be ongoing throughout the Project (with a minimum of one per year). • February 2018: Host the first Public Open House/Meeting. Public meetings will be ongoing throughout the Project (with a minimum of one per year). Note: The meeting dates provided above are estimates and may change to coordinate BAC and/or public meetings with other relevant project meetings hosted by the City. 2.2.2 Project Updates & Other Public Information Activities Obiective: Ensure the community is kept informed of Project goals, methods, and progress and ensure the public is provided opportunity for meaningful participation. Lead: The City will lead this task with support from the BAC and Consultant. As directed by the City, the Consultant will prepare project fact sheets and other informational materials for the project webpage. Milestones & Deliverables: • Project webpage will be developed and updated throughout the life of the Project. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 23 of 36 • Fact sheets (specific to property owners and the general public) will be prepared and distributed at the beginning of the Project, if there are new developments, and after the assessment is complete. They will be distributed at the first community meeting and made available on the project webpage. • A Process Guide will be prepared to inform property owners of what to expect should grant -funded Phase I and/or II ESA activities be approved for their property. • Press releases will be used to inform the public of the project, announce key milestones, and upcoming meeting dates. • Meeting minutes, handouts and presentations will be prepared for all BAC and community outreach meetings and will be made available on the project webpage. Estimated Submittal/Completion Dates: • Summer 2017: Publish article/press release announcing EPA grant award. • September 2017: Develop Project fact sheets for community members and stakeholders, Process Guide for property owners, and webpage content. • Fall/Winter 2017: Publish Project webpage and update throughout the life of the Project. 2.2.3 Task 2 Budget Detail Task 2 Budget Detail by Activity Description Units Cost per Unit Total Public Outreach & Involvement -- -- -- Contractual (Hazardous Substances) 50 hours $150/hour $7,500 Contractual (Petroleum) 50 hours $150/hour $7,500 Project Updates & Other Public Information -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $12,000 Petroleum Budget -- -- $12,000 Total Budget (Hazardous Substances & Petroleum) -- -- $24,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 24 of 36 Task 2 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $12,000 $0 $12,000 Petroleum Budget $0 $12,000 $0 $12,000 Total Budget (Hazardous & Petroleum) j $0 1 $24,000 j $0 $24,000 2.3 Task 3 - Site Inventory, Prioritization & Eligibility 2.3.1 Site Inventory & Prioritization Activities Objective: Build a GIS -based inventory of brownfield sites in the target areas as a foundation for identifying priority cleanup and redevelopment opportunity sites, reaching out to owners, and selecting sites for assessment. The data may be integrated with other databases to better relate the presence of brownfields to various economic impacts and/or health data. The following activities may be completed as part of the inventory: • Identify environmental records for all sites in the target areas listed in EPA, Ecology and/or local environmental databases; • Review select City, County and State records that are potentially relevant to identifying brownfields (including occupancy and other permits, tax delinquency status, building code violations, Loopnet, assessors data, and sites identified in recent plans and studies); • Review available historical Sanborn Fire Insurance Maps, aerial photographs, topographic maps, city directories and/or other sources of information to identify historic sites which have a significant potential for impacts; • Survey local real estate industry representatives for information on sites in the target areas; • Conduct tours/inspections throughout the target areas to identify blighted or vacant potential brownfield sites that are not recorded in existing databases or identified by recent plans/studies; and • Review other State and County records to verify that all sites with known or suspected impacts or threats to public health are included in the evaluation/prioritization process. Following inventory activities, sites will be prioritized for assessment and/or cleanup/redevelopment planning. The following criteria will be analyzed when prioritizing sites: • economic development potential/opportunities; • known or suspected threats to public health; Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 25 of 36 • sites identified in existing community planning documents; • degree of known or suspected environmental impacts; • degree of blight or underutilization; • tax delinquency status; • community concerns; and • social, demographic and health data (as available) within the immediate vicinity of the site. Lead: At the direction of the City, the Consultant will lead technical activities associated with the inventory with support from the City and the BAC. The City will lead site prioritization activities with support from the BAC. Milestones & Deliverables: • GIS -based comprehensive inventory of potential brownfield sites within target areas. • GIS maps of potential brownfields sites, as needed, for planning and property redevelopment marketing. • Brownfield inventory report documenting inventory and prioritization methods. Estimated Submittal/Completion Dates: • Spring 2018: Initial inventory and ranking completed (to be updated throughout Project). 2.3.2 Site Eligibility Determination (ED) Request Activities Obiective: The Consultant will prepare ED requests for sites prioritized for assessment and/or cleanup planning activities. Site ED requests will be submitted to the EPA Project Officer using the supplied request form. Site eligibility will be reviewed by the EPA Project Officer (for hazardous substance sites) and/or Ecology (for petroleum sites) for concurrence prior to initiating any site-specific work. Lead: The City will lead ED Request activities with support from the Consutlant to prepare ED Forms for submittal to EPA (for hazardous substances and petroleum sites) and Ecology (for petroleum sites). Milestones and Deliverables: Deliverables include completed/approved ED forms. Estimated Submittal/Completion Dates: ED requests will be prepared and submitted to EPA and Ecology throughout the grant period. The first ED request is estimated to be completed in winter of 2017/2018. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 26 of 36 2.3.3 Task 3 Budget Detail Task 3 Budget Detail by Activity Description Units Cost per Unit Total Site Inventory & Prioritization -- -- -- Contractual (Hazardous Substances) 80 hours $150/hour $12,000 Contractual (Petroleum) 80 hours $150/hour $12,000 ED Requests for Priority Sites -- -- -- Contractual (Hazardous Substances) 30 hours $150/hour $4,500 Contractual (Petroleum) 30 hours $150/hour $4,500 Hazardous Substances Budget -- -- $16,500 Petroleum Budget -- -- $16,500 Total Budget (Hazardous Substances & Petroleum) 1-- -- $33,000 Task 3 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $16,500 $0 $16,500 Petroleum Budget $0 $16,500 $0 $16,500 Total Budget (Hazardous & Petroleum) $0 $33,000 $0 $33,000 2.4 Task 4 — Phase I ESAs 2.4.1 Phase I ESA Activities Obiective: Evaluate past and current site uses to assess potential for environmental contamination. Phase I ESAs will support property transfers and eventual redevelopment, and provide information for evaluating the need for Phase 11 ESAs and cleanup. The City anticipates conducting Phase I ESAs on up to 8 sites (-4 each at hazardous substance and petroleum impacted sites). The Consultant will complete Phase I ESAs in accordance with ASTM Practice El 527-13. The City will contact site owners and negotiate access agreements. The ACRES database will be updated following completion of each Phase I ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase I ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 27 of 36 Milestones and Deliverables: Deliverables include site-specific Health and Safety Plans (HASPs) and Phase I ESA reports. Estimated Submittal/Completion Dates: Phase I ESA reports will be prepared throughout the grant period. The first Phase I ESA report is estimated to be completed in spring of 2018. 2.4.2 Task 4 Budget Detail Task 4 Budget Detail by Activity Description Units Cost per Unit Total Phase I ESAs -- -- -- Contractual (Hazardous Substances) -4 sites $5,000/site $20,000 Contractual (Petroleum) -4 sites $5,000/site $20,000 Hazardous Substances Budget -- -- $20,000 Petroleum Budget -- -- $20,000 Total Budget (Hazardous Substances & Petroleum) -- -- $40,000 Task 4 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $20,000 $0 $20,000 Petroleum Budget $0 $20,000 $0 $20,000 Total Budget (Hazardous & Petroleum) $0 $40,000 $0 $40,000 2.5 Task 5 — Phase II ESAs 2.5.1 Quality Assurance Project Plan (QAPP) Activities Obiective: Establish quality assurance/quality control (QA/QC) procedures applicable throughout the life of the grant -funded Project. Before beginning Phase II ESA work, both the City and the Consultant will participate in a pre-QAPP conference call with EPA, if required. A draft comprehensive (i.e. not site-specific) QAPP be prepared and submitted to EPA and Ecology (if desired) for review and approval. The Consultant will finalize the QAPP once EPA has reviewed and provided comments on the draft. Lead: The Consultant will prepare the comprehensive QAPP and the City will review and approve the draft prior to submittal to EPA. Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 28 of 36 Milestones & Deliverables: Draft and Final Comprehensive QAPP. Annual QAPP Revisions. Estimated Submittal/Completion Dates: • January 2017: Draft QAPP submitted to EPA for review. • March/April 2018: Final QAPP completed (pending EPA review time). 2.5.2 Phase II ESA Activities Objective: Collect environmental sampling data to assess conditions, evaluate risks to human health and the environment, prepare for cleanup planning, and facilitate property transfers and redevelopment. The City anticipates conducting Phase II ESAs on up to 4 sites (-2 each at hazardous substance and petroleum impacted sites) where the Phase I ESAs or other available information suggests that additional investigation is warranted. Phase 11 ESA activities are anticipated to include soil, groundwater, soil vapor, and regulated building materials sampling and analysis, and reporting. SSSAPs and HASPs addressing each property where Phase II ESA work is anticipated will be submitted to EPA for review prior to conducting any field activities. For each Phase II ESA to be conducted, the Consultant will also provide information to the City to help fulfill EPA's requirements under the Endangered Species Act Section 7 and the National Historic Preservation Act Section 106 (NHPA). The information will include the location of the Project, any threatened or endangered species or habitat that may be affected by the Project, whether a site is of concern to the State Historic Preservation Officer (SHPO), a list of Tribes who might believe the Project could disturb cultural resources, and an evaluation as to whether cleanup/redevelopment plans could have adverse effects on endangered or cultural resources. The ACRES database will be updated following completion of each Phase II ESA. Lead: The City will execute Access Agreements with property owners. The Consultant will lead Phase II ESA technical activities at priority sites selected by the City and the BAC. The City will assist with data acquisition and report review and distribution. Milestones and Deliverables: • EPA -approved SSSAPs • Site-specific HASPs • Phase II ESA Report(s) • Updated ACRES database • Green and sustainable efforts updates (included in quarterly reporting) Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 29 of 36 • Section 7 and NHPA consultations (as necessary) Task 3 (Phase II ESA Subtask) Estimated Submittal/Completion Dates: • Summer/Fall 2018: Phase II ESA fieldwork underway at first site. • Fall 2018/Winter 2019: First Phase II ESA report(s) completed (ongoing throughout Project). 2.5.3 Task 5 Budget Detail Task 5 Budget Detail by Activity Description Units Cost per Unit Total Comprehensive QAPP -- -- -- Contractual (Hazardous Substances) 0.5 $6,000/QAPP $3,000 Contractual (Petroleum) 0.5 $6,000/QAPP $3,000 Phase II ESAs -- -- -- Contractual (Hazardous Substances) -2 sites $29,000/site $58,000 Contractual (Petroleum) -2 sites $29,000/site $58,000 Hazardous Substances Budget -- -- $61,000 Petroleum Budget -- -- $61,000 Total Budget (Hazardous Substances & Petroleum) -- -- $122,000 Task 5 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $63,000 $0 $61,000 Petroleum Budget $0 $63,000 $0 $61,000 Total Budget (Hazardous & Petroleum) $0 $126,000 $0 $122,000 2.6 Task 6 - Site -Specific Cleanup Planning & Area -Wide Planning 2.6.1 Site -Specific Cleanup Planning Activities Objective: Prepare site-specific ABCAs and/or CAPs for up to 2 sites (-1 each for hazardous substances sites and petroleum impacted sites) to address contamination, risks to human health and the environment, and support brownfield redevelopment. The City will conduct cleanup and redevelopment planning as required by Ecology and/or EPA for brownfields where redevelopment is imminent and such activities will Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 30 of 36 move redevelopment forward. Planning may include preparation of ABCAs and/or CAPs. The plans/reports will describe detected contamination; conceptual site models; site-specific remedial action objectives; state and federal cleanup regulatory requirements; and evaluation of institutional and engineering controls. Stakeholder meetings will be held, as needed, to develop and review the most appropriate and effective remedial options for each selected brownfield site and redevelopment. The City and environmental Consultant will work closely with Ecology and EPA when considering options for cleanup planning. Grant funds may be used to manage the Public Notice and comment period for any ABCAs prepared using grant funding, including documentation of significant comments received and how they were/are being responded to. This task also includes site reuse planning, which may include a variety of activities to identify potential future uses. These eligible activities may include market research and a variety of community outreach activities (such as design charrettes), which are specifically referenced as eligible activities under EPA community -wide assessment grants. Any "site-specific" reuse planning activities will be performed only on those parcels confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will support data acquisition, planning, and deliverable review and distribution. Milestones & Deliverables: Deliverables for this task will be site-specific ABCAs and/or CAPs. Estimated Submittal/Completion Dates: • Summer 2019: First written site-specific ABCA/CAP complete. 2.6.2 AWP Activities Objective: Identify potential future uses for up to one targeted brownfields area (impacted by hazardous substances and petroleum) and develop strategies to facilitate the reuse of existing infrastructure, as well as identifying potential infrastructure investments needed to accommodate alternative future uses. With support from the City and the BAC, the Consultant will develop up an AWP document for up to one target area to be determined during outreach and inventory activities. AWP activities will be tailored to each focus area and may include market analysis, existing conditions/infrastructure evaluation studies, site-specific reuse planning for catalyst sites, and community visioning exercises to inform a common redevelopment strategy and implementation plan. AWP efforts may include a variety of community outreach activities (such as design charrettes), which are also specifically referenced as eligible activities under EPA Brownfields Assessment Grants. Any reuse planning activities that are "site-specific" will Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 31 of 36 be performed only on those parcels that are confirmed to meet the eligibility requirements. Lead: At the direction of the City, the Consultant will lead technical activities for sites prioritized by the City and the BAC. The City will lead public outreach activitivies with support from the BAC and Consultant. The City will review and distribute deliverables. Milestones & Deliverables: Brownfields AWP. Estimated Submittal/Completion Dates: • July 2020: Anticipated completion date for AWP. 2.6.3 Task 6 Budget Detail Task 6 Budget Detail by Activity Description Units Cost per Unit Total Site -Specific ABCAs/CAPS -- -- -- Contractual (Hazardous Substances) -1 site $9,000/site $9,000 Contractual (Petroleum) -1 site $9,000/site $9,000 AWP -- -- -- Contractual (Hazardous Substances) -0.5 area $34,800/area $17,400 Contractual (Petroleum) -0.5 area $34,800/area $17,400 Hazardous Substances Budget $26,400 Petroleum Budget $26,400 Total Budget (Hazardous Substances & Petroleum) $52,800 Task 6 Budget Detail by Funding Type Funding Type Personnel Labor & Fringe Contractual Other Total Hazardous Substances Budget $0 $26,400 $0 $26,400 Petroleum Budget $0 $26,400 $0 $26,400 Total Budget (Hazardous & Petroleum) j $0 1 $52,800 j $0 $52,800 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 32 of 36 3.0 SCHEDULE AND DELIVERABLES The table below summarizes the anticipated deliverable schedule (assuming a project start date of September 1, 2017) and the agency/office each will be submitted to. DUE DATE ITEM EPA PO STATE EPA EPA GRANTS FINANCE ■ Kick-off/pre-QAPP meeting with Consultant and EPA. ■ Preliminary inventory work. ■ Develop project fact sheets and webpage content. Months 1-4 ■ Develop Site Nomination Form and X (Sept. -Dec. 2017) Access Agreement Template. ■ Develop comprehensive QAPP. ■ Establish access into ACRES. (Property Profile Forms will be entered into ACRES as property specific projects are completed.) ■ BAC Kick -Off Meeting (meetings will be ongoing with a minimum of Month 5 one/year) (Jan. 2018) - Quarterly Progress Report (QPR) #1 for X period 09/01/17-12/31/17 (for pre- award and 1 Q18 activities) - continue quarterly for as long as needed Month 5 Submit Draft QAPP for approval X X (Jan. 2018) Month 6 First public meeting (meetings will be X (Feb. 2018) ongoing with a minimum of one/year) Months 7-8 Finalize comprehensive QAPP per (Mar. -Apr. 2018) agency comments (a SSSAP will be X X prepared for each property assessed) Month 9 Inventory developed & Site Selection X (May 2018) Criteria set Month 10 Top sites selected X (June 2018) Ongoing - At least X 30 days before ED approval requested & confirmed X (for petroleum assessment is sites only) scheduled to begin ■ Site Access Agreements Before fieldwork - HASP begins • Section 7/NHPA Letters (not required X for Phase I ESA) ■ SSSAP Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 33 of 36 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor & Fringe Contractual Other EPA EPA DUE DATE ITEM EPA PO STATE GRANTS FINANCE $12,000 ■ Phase I & II ESA Reports $12,000 x $0 $16,500 Ongoing ■ ABCA/CAP Reports x (CAPS for sites $20,000 $0 $20,000 ■ AWP Report $0 requiring remedial $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 action) $26,400 Total Budget (Hazardous Substances) $0 DBE Report (MBE/WBE) $0 $150,000 Reports will be submitted annually by AnnuallyOctober 30th of each year. x x For forms & more information, visit: (copy) httr)s://www.er)a.gov/resources-small- businesses As Needed Requests for Reimbursement — see x Administrative Terms & Conditions Month 38 Fact Sheet - Assessment results x Final DBE & Federal Financial Reports (FFR; SF425) & Final Drawdown Months 38 — 41 For forms & more information, visit: x httr)s://www.er)a.gov/grants/er)a- � (copy) (copy) grantee-forms Closeout: Final Performance Report with Months 38 — 41 Summary Fact Sheet, Photos, and x Lessons Learned 4.0 BUDGET 4.1 Budget Tables by Funding Type The tables in this section summarize the budget by expenditure category (i.e. personnel, travel, contractual, etc.). Hazardous Substances Budget Task Personnel Labor & Fringe Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 $0 $26,400 Total Budget (Hazardous Substances) $0 $150,000 $0 $150,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 34 of 36 Petroleum Budget Task Personnel Labor & Fringe Contractual Other Total 1) Project Management, Reporting & Other Eligible Activities $0 $14,100 $0 $14,100 2) Public Involvement $0 $12,000 $0 $12,000 3) Site Inventory, Prioritization & Eligibility $0 $16,500 $0 $16,500 4) Phase I ESAs $0 $20,000 $0 $20,000 5) Phase II ESAs $0 $61,000 $0 $61,000 6) ABCAs, CAPS & AWP $0 $26,400 $0 $26,400 Total Budget (Petroleum) $0 $150,000 $0 $150,000 4.2 Budget Narrative - Combined Hazardous Substances & Petroleum 4.2.1 Budget Detail by Task The budget includes an average rate of $150/hour for contractual services. As stated in our grant application, the City has elected not to use grant funding for personnel labor and fringe or other costs and will only use grant funding for contractual costs. Anticipated costs for each task are provided in the tables included in this section. A detailed description of the scope of work for each task along with a cost breakdown is provided in Section 2.0. 4.2.2 Budget Narrative by Expenditure Category (i) Personnel Labor & Fringe: none 00 Contractual Task Number Amount Task 1 - Project Mgmt, Reporting & Other Eligible Activities $28,200 Task 2 - Public Involvement $24,000 Task 3 - Site Inventory, Prioritization & Eligibility $33,000 Task 4 - Phase I ESAs $40,000 Task 5 - Phase 11 ESAs $122,000 Task 6 - ABCAs, CAPS &AWP $52,800 Total Amount $300,000 Bremerton/Stantec US EPA Brownfield Grant Application & Implementation Assistance FY2017 Page 35 of 36 (iii) Other: none (iv) Total Budget Description Amount Personal Labor $0 Personal Fringe $0 Travel $0 Equipment $0 Supplies $0 Contractual $300,000 Other $0 Total Amount $300,000 5.0 PRE -AWARD COSTS & ACTIVITIES To get a quick -start on the project, the City requests the approval of $15,000 of pre -award costs and a project start date of September 1, 2017 for this CA. A breakdown of pre -award costs and activities is provided in the table below. Description Prepare for and host project kick-off meeting/pre- QAPP call with the EPA Project Officer and Consultant to review project scope, goals, and strategies. Develop fact sheets, webpage content and other outreach materials to inform the community about the project. Develop Site Nomination Form and Access Agreement template. Gather data and develop site inventory work plan. Initiate preparation of the comprehensive QAPP (following kick-off meeting /pre-QAPP call with EPA). Anticipated Anticipated Anticipated Cost Completion Dates Consultant Hours (Contractual) 09/6/17 25 $3,750 9/15/17-9/30/17 20 $3,000 9/15/17-9/30/17 10 $1,500 09/30/17 20 $3,000 09/30/17 25 $3,750 TOTALS -- 100 hours $15,000 Note: The estimated budget was calculated using an average rate of $150/hour for contractual services. 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Please note this agreement contains indemnification language not supported by the City Attorney. This agreement, included as a package request to Kitsap County, did not receive prior specific authorization by the Council as did the street striping and paving interlocal agreements. Therefore it is being brought forward here as a separate item. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): No additional funds are required. This interlocal agreement will be used by the City for specific services only if the City has adequate funds budgeted and only if Kitsap County has staff time available to support the City's request. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Kitsap County for Traffic Engineering Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR TRAFFIC ENGINEERING SERVICES THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between Kitsap County (County), a political subdivision of the State of Washington, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the City of Bremerton requires traffic engineering services, and WHEREAS, the Kitsap County Public Works Department has the capability to provide this service to the City of Bremerton on a reimbursable basis. NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Kitsap County to provide traffic engineering services to the City of Bremerton. 2. ADMINISTRATION OF AGREEMENT: The Kitsap County Department of Public Works will administer this Agreement for Kitsap County. The Bremerton Public Works Department will administer this Agreement for the City of Bremerton. 3. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the Agreement by both County and City and shall remain in effect until December 31, 2025. 4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this Agreement by giving ten days written notice to the other party. 5. REQUEST BY THE CITY: Whenever the City desires to obtain traffic engineering services, the City shall make a request for said work in writing, upon the form shown as Exhibit A, or by other written means that includes the information indicated by the form at Exhibit A. 6. REVIEW OF REQUEST: The requested Exhibit A's scope of work will be reviewed by the County Public Works Director, or his/her designee, as applicable, to ensure that the requested work can be completed in a timely and efficient manner. The County Public Works Director has the final decision as to required manpower and equipment needs. 7. APPROVAL OF REQUEST: The County Public Works Director, or his/her designee, will decide whether to approve the work request. 8. FULLFILLMENT OF REQUEST: If the County Public Works Director approves the City's request, as set forth in this Agreement, the County will perform the work requested. The requested work will be done at the convenience of the County. 9. COUNTY EMPLOYEES: County employees assigned to projects pursuant to this Agreement remain employees of the County at all times and shall perform the work requested under the sole supervision of the County. 10. FINANCIAL RESPONSIBILITY: In accordance with RCW 43.09.210, the City shall be solely responsible for all costs of the City's project or requested work, and administration of all grant funds, if any, related to the City's project. 11. REIMBURSEMENT: In accordance with RCW 43.09.210, the City shall reimburse the County for all costs of direct and indirect labor, administration, equipment rental, engineering, materials and supplies for the work performed pursuant to this Agreement. The County shall submit a statement to the City after performance or delivery and within thirty (30) days the City shall remit thereon. 12. LEGAUADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 13. INDEMNIFICATION: A. To the fullest extent allowed by law, the City shall defend, indemnify and hold harmless at the City's sole expense, Kitsap County, its elected and appointed officials, officers employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney fees and litigation costs, arising in connection with this Agreement, whether the demand, loss or claim is due to the negligence of the County, its elected and appointed officials, officers, employees, agents, or third parties, except that the City shall not be liable for injury or damages caused by the sole negligence or willful misconduct of Kitsap County, its elected or appointed officials, officers, employees or agents. B. Each party agrees to notify the other party within two weekdays of any claims made related to this Agreement. C. The indemnification provision shall survive the expiration or termination of this Agreement. 14. COMPLIANCE WITH REGULATIONS AND LAWS: The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 15. ASSIGNMENT: The parties shall not assign this Agreement or any interest, obligation Page 2 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services or duty herein without the express written consent of the other party. 16. ATTORNEY FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney fees. 17. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Kitsap County: Andrew Nelson, Director Kitsap County Public Works Department 614 Division Street, MS -26 Port Orchard, WA 98366 Phone: (360) 337-4866 To Bremerton: City of Bremerton 345 6th Street, Suite 600 Attn: City Clerk Phone: (360) 473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 18. INSURANCE: Each party shall maintain insurance adequate to cover all its reasonably foreseeable activities under this Agreement. 19. FILING: This document shall be filed with the County Auditor pursuant to chapter 39.34 RCW. 20. ENTIRE AGREEMENT: This Agreement and its Exhibit constitute the entire agreement between the parties, and the parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 21. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this agreement shall be brought in Pierce County Superior Court. 22. SEVERABILITY: If any provision of this Agreement, or any provision of any document incorporated by reference, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Page 3 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services Dated thisday of TGA[ , 2016 CITY OF BREMERTON Patty enAftyor st:� r Shannon Corin, City Clerk Approved as to form: Roger A. Lubovich, City Attorney Dated this ,day of 2016 BOARD OF COUNTY COM% ISSIONERS KITSAP COUNTY, WASHINGTON raw d E. Wolfe, Chair A 16 '-d-VtAl Al..--" Charlotte Garrido, Commissioner Rob Gelder, Commissioner Dana Daniels, Clerk of the Approved as to erheide, �ef Civil Deputy Attorney Page 4 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services EXIiIBIT KA" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY / CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Kitsap County Department of Public Works for the City of Bremerton. It is understood that this work will be done at the convenience of the City or County Department of Public Works and that the undersigned agency will reimburse all costs, unless otherwise indicated. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Kitsap County Department of Public Works will be made promptly unless otherwise indicated in this Agreement. REQUESTING AGENCY: Address: Phone: FAX: Requested by: Name (Please Print) Title (Please Print) Signature: ACTION OF KITSAP COUNTY PUBLIC WORKS APPROVED BY: Date: DATE: Page 5 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services Public Works Director or Designee MODIFIED BY: Modified as follows: DATE: Page 6 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Egineering Services INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL C 1 SUBJECT: Residential Street Program Study Session Date: August 23, 2017 Expectations and Expenses Presenter: Tom Knuckey Phone: 360-473-2376 SUMMARY: The adopted 2018 — 2023 Transportation Improvement Plan has $480,000 identified to initiate a residential street construction program in 2018, with expenditures projected to increase by 25% annually thereafter. Staff have developed a recommended approach to deliver this new program, and would like the opportunity to present it to the Council to gage support before bringing forward specific aspects of the program for Council approval. HANDOUTS: 1) Power point STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation Form Created 5/4/15 Q1 s 0 Ln ro0 M O Ln N Ln •� O _ O � M O 0') u Ln U.) M � •i .> O r4 -f'— ro 0 � -0 ro- .E ro ro +, O E ro +j O O_ N .� Ln O � > cn i Ln.O ro > N O C)L ro > 0 Ln M N O •� _ O � O 0') O � •i V 0 V1 � O � ro ro 4-j O 4-J . Ln +-j • — � � Ln Ln C N u U Ln L S O V 0 °' O I u pl m 0 _0 a n O ai ai V 3 _ W M 4-J 0 0 QJ E pl _0 O L O _ M v p 4v u L > v= Ln > > .E E m u C:1%27, � }, L v C M v ru ru C: O >1 0O O 0) N u 4J . _ c cn ci v +-+ 4J > -r- �_ — u >1 � Ul) > ra R3 cm > V R3 Lf) Cy)`~ i � _v Lf)o � — � j O �, V 4- �- rU Lf) Lf)�' 0 rnru > O Lf); M o Lnm pra . 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F 9 ' N ow 0 . w NE Pinesone Dr v QU •i O v ro 0 +J N Ln ro r 0) N Ln 0 Ln •CDL Ln-0 Ln ra tv 4-J 0 V1 0 ro -0 -0 L p +- +J M 0 O lJ 0 cn ` V Q1 cn V N s � M o;6 rB s � a� s }' s ro *� U �un o � ro CD - 0 CL v O i Q ++ Ul) 0 O Q O V U') V M V 0-01ro �L 1 -0 C -0 O ro of O M ra �, • — Ln �, Ul) ro > O �� U') .—o (m O V O l/1 = V O L V M A �, ro O U Ul)M O U .� r6 � V �, � V c� QJ V 0QJrc3 V L C ro O • � 1-- v = OV rC3 V V Q I V V � M > C: 0� CYl Z) O ra Z O ra ro v V L V = 0 ro aJ L O L L L •�Q��Q� TJ �LoQ�o a --i Ln ' in ro Ln l/1 a -j C/1 M 0 � -0 � .Se � >1 Ln o °� M : �, N U u r X r6 � O � O O C C) •� �, L (� aJ i i aJ >1 4-) Q U 0O ro E �6 > D '> aJ a) O Ln Ln4-j ra _ � (2)C: (1)-0`a— i C)- U _ro �l (1) -C CO �O .� V i C: ro ro _ .� O O . :2 � ra cri � Q C:C)L .0OCDL w " '.P w 4 ) O E z °J> a) 4-) O � O `O aJ cn > u > >O O 0 00 Z O 00 E 4> � D O O O V Vi > Lr) LL N U N INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Parking Plan for 2018 Budget Study Session Date: Presenter: Phone: SUMMARY: August 23, 2017 Shannon Corin (360) 473-5323 Administration is bringing forward three parking strategies recommended by the Parking Study which speaks to two of the Council's goals. Goal No. 2 — Local Streets and Sidewalks Improvements • Secure Additional Funding Goal No. 6 — Improve Intra -City Traffic Flow and Reduce Parking Congestion • Implement Parking Study Recommendations The proposed recommendations will generate both revenues and expenditures. Staff is recommending these strategies be included in the 2018 budget to: • Manage the City's Parking System more effectively, • Provide parking in a fair manner to all stakeholders • Increase efficiencies and effectiveness in enforcement. • Provide a dedicated revenue source for the Residential Street and Sidewalk Program. HANDOUTS: City of Bremerton Parking Plan for 2018 Budget STUDY SESSION AGENDA Form Created 5/4/15 ❑ No Presentation 0 Full Presentation With budget season upon us, Administration is bringing forward three recommended strategies from the Parking Study affecting budget. Administration is asking for a consensus on whether to add these items to the 2018 budget. These strategies speaks to two of the City Council's Goals: Goal No. 2 — Local Streets and Sidewalks Improvements by securing additional funding; and Goal No. 6 — Improve Intra -City Traffic Flow and Reduce Parking Congestion by implementing Parking Study recommendations. PARKING MANAGER Responsible for the operation and maintenance of the city-wide parking system including off-street parking facilities, security, lease management, and management of the Parking Enforcement and Operations contract. Duties would include planning, developing and administering on -street and off- street parking facilities and programs, strategies, goals, objectives, and priorities. Average Annual Salary • Tacoma $79,623.12 • Private (Area Manager) $53,014 • Eastern Washington University $59,500 • Western Washington University $58,200 • Seattle $115,341 • Bremerton Recommendation Pay Grade 6 ($54,585.12-$66,507.12) Rate increases in parking garages and lots of 10% would generate $100,000-$121,000 in additional revenue. Conversely, revenue from on -street parking permits (see below) would be able to cover a portion of this position. An increase in rates and fees for the City-wide system will reduce demand on the system. PROPOSED NEW PROGRAMS IN RESIDENTIAL AREAS ON TRIAL BASIS During the Parking Study 1,648 non-residential parkers were counted parking on residential streets. Administration is proposing a trial program for Commuter Parking Permits for on -street parking, effectively collecting revenue from parkers already parking for free in the City's neighborhoods for several reasons: • It will generate revenue. Staff is proposing transferring 65% to a Residential Street and Sidewalk fund (15% is automatically transferred to the Street Fund through the Commercial Parking Tax). • With a fee being imposed, it will motivate parkers to consider other forms of transportation. • The City can control the amount of commuters parking on -street in residential areas. • Enforcement in areas by permit only is more efficient than time restrictions. • Allowing Commuter Permits in residential areas allows both commuter and residential stakeholders use of the public Right -of -Way with residents having priority over of the parking. Administration is proposing a nominal annual fee for residential parking permits of $25.00 per permit to cover the cost of administering the Residential Parking Program. Recommend 65% of fees collected from on -street parking permits be earmarked for Residential Street and Sidewalk Improvements. 11 Page 1,000-1,600 Commuter Parking Permits x $50/month x 12 mo = $600,000-$960,000 2,500-3,800 Residential Parking Permits x $20-$25/yr = $62,500-$95,000 20% $132,500-$211,000 to cover the cost of permits and Parking Manager position. 15% $99,000-$158,250 Commercial Parking Tax transferred to Street Fund 65% $430,000-$685,750 transferred to a Residential and Sidewalk Improvement Fund LICENSE PLATE READER (LPR) Administration is currently working to get Framework (Jeff Arango) under contract, to help with an RFP for the LPR. An LPR is more efficient than adding patrollers. Current staff on the parking enforcement contract would be able to cover more ground in one day with both the LPR and handheld devices. Conservative estimate of increase infraction revenue with an LPR is $50,000-$100,000. Comparison: 1 Additional FTE $30,000-$40,000 equals $20,000-$30,000 in infractions FINANCIAL RECAP OF PROPOSED NEW PROGRAMS FOR 2018 BUDGET Parking Programs Revenue Commuter Parking Program Residential Parking Program 10% Increase in Rates Subtotal Revenues Expenditures Permits Parking Manager 15% Commercial Parking Tax (114, 375) Transfer 65% to Residential Streets (430, 625) Total Revenue Transferred Subtotal Expenditures Net to Fund Balance 21 Page Low High $ 600,000 $ 960,000 62,500 95,000 100,000 121,000 $ 762,500 $ 1,176,000 $ (7,000) $ (10,800) (93,616) (108,874) (545,000) $ (645,616) $ 116,884 (176, 400) (685, 750) (862,150) $ (981,824) $ 194,176 N C 0 a --i f� C E E 0 U 11 re N C L f� L O 4-J � � � m � CO pp � Tom= O d. 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HANDOUTS: Letter from Kitsap Regional Coordinating Council STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation Form Created 5/4/15 IE • Chair Councimernbeir Wayne Rath 0 City of saint> xW Wand vkv-cw cammissi m Charbile Garrido KApp C-* CNY of oairbdd r hand Mayor Val Tokbon Cound Member Kol Medna' City of Fait Orchard Mayor Rob Pulaarmu Coundmerdw Bak Ashby Cawed Mernber Clancy Dor4n' Chy of Poulsbo Mayor Becky Erickson 4 council Member Ed Slem Council MerNm Gary WsMP Kitsap Cntrrrty Commissioner Rob Gelder Commissions Ed Wolfe Kitsap Trans# Execa&e Director John Clauson Nayal Ba" ir*V " Captain Alan Schrader Lynn WaIr part Gwg& SUN= Tribe'" Cound Chat Jaromy Whran NooXayet CEO Chris Placenta' Part of 8aewuton Comrn#ssk er Axel Stakeon 4 Commissioner Larry Shakes' squamish True"" Council Char Leonard Fofsman Fdwries Director Rob Purser' ' Atdemabe "& OfrSdo Member — Assorcrate Member ,0 Ezemb" Corrmimee Mailing Address: 614 WSW Street - MS4 Port Orchard, WA 98M 360.337.4960 www Kitsap F�enicna4CoZQLQrn Betsy Daniels. Program Director Tnangle Associates, Inc. Kitsap Regional Coordinating Council July 11, 2017 Dear Council President Eric Younger, The Board of Kitsap Regional Coordinating Council (KRCC) invites you to submit an application for membership during the application period between July 1- August 31, 2017. Your membership would run from January 1- December 31, 2018. Each year jurisdictions are asked to recommit to the organization. Bremerton is an integral part of the Kitsap region. Membership in KRCC would be mutually beneficial and serve to strengthen a collaborative approach that will benefit our region. We encourage you to consider rejoining KRCC beginning in January 2018. sin r y Wayne Roth Chairman of KRCC, 2017 Enclosed: Application for Membership CC: City of Bremerton Leslie Daugs Dino Davis Richard Huddy Jerry McDonald Pat Sullivan Greg Wheeler Eric Younger Snohomish County Tomorrow A GR 0 WTH MANA GEMENT ADVISORY COUNCIL NAME T%"9P `.. #asks Fara MeysMAe 1 ¢ J• EvaroQ We 8tevana IN 4ynmwati BrwGanlah F.- Eamanda iAmivo SId18a ;.:'' .Btb� BaUIaA � IpdtrF iJ SNOHOMISH COUNTY TOMORROW STEERING COMMITTEE OPERATING GUIDELINES The name shall be the Steering Committee of Snohomish County Tomorrow, or the Steering Committee. AUTHORITY The Snohomish County Tomorrow Steering Committee is the policy advisory body of the Snohomish County Tomorrow planning process. The Steering Committee reports to The Assembly of Snohomish County Tomorrow, which consists of all elected officials of Snohomish County, the cities and towns in the County, and the Tulalip Tribes. The Steering Committee shall report to the Assembly on the status of its efforts annually or more often as needed. The Steering Committee operates under general authority granted to each municipal entity to participate in cooperative inter -jurisdictional planning efforts and specifically by the following: Snohomish County Motion No. 89-159, adopting the Snohomish County Tomorrow Planning Process, including the Steering Committee; Resolution to Participate in Snohomish County Tomorrow, as adopted by participating jurisdictions; and, Revised Code of Washington (RCW) 36.70A.210, as amended; laws of the State of Washington making comprehensive and inter -jurisdictional planning for growth management a mandatory requirement for cities, towns and the County. MEMBERS The members of the Steering Committee shall consist of one representative from each city and town in Snohomish County which is a signatory to The Resolution to Participate in Snohomish County Tomorrow; one representative of the Tulalip Tribes; and three representatives of the County of Snohomish, who may include the Snohomish County Executive and two County Councilmembers all of who shall be elected officials of their respective jurisdictions. These members shall be called Elected Official Representatives -and shall each exercise one vote on Steering Committee decision items. In the case of a weighted vote, each Elected Official Representative shall cast a weighted vote as set forth in the Decision Making and Method of Vote section contained in these Operating Guidelines. The members so constituted shall select six additional members who shall be Snohomish County citizens at large. One citizen member from the Community Advisory Board (CAB) shall also be seated at each SCT meeting. These six members shall be called Citizen Representatives and, along with the CAB member shall be accorded full participation in Steering Committee meetings except for voting on decision items. Citizen Representatives and the CAB member are encouraged to express their recommendations during pre -vote discussion. The term for Citizen Representatives shall be three (3) years, at which time the incumbent may re -apply for a new term. However, nominations may also be sought by the Steering Committee to fill the position. In the case of a mid-term vacancy, a replacement will be sought to complete the existing 3 -year term which will commence upon election by the Steering Committee. At least two (2) Citizen Representatives shall represent unincorporated areas of Snohomish County. If the unincorporated status of a Citizen Representative changes and results in less than two (2) unincorporated Representatives, a vacancy will be announced. A new unincorporated Representative shall be elected whose new 3 -year term will commence with selection. ALTERNATE REPRESENTATIVE: An Elected Official Representative may, with the concurrence of his/her jurisdiction, designate an alternate to attend meetings of the Steering Committee and represent the member in meeting discussions. The alternate need not be an elected official, provided, however, that a non -elected official proxy may not participate in decision-making actions taken at such meetings. ATTENDANCE AT MEETINGS An attendance list shall be taken at each meeting of the Steering Committee, which list shall record members present and those absent. The list will become part of the permanent minutes. Citizen Representatives and jurisdictions whose members or alternates are absent without excuse from three consecutive meetings will be considered "inactive" members. Members must call or email the Snohomish County Tomorrow offices in advance of a meeting in order to record an absence as "excused." The officers of the Steering Committee will direct the Coordinator to notify the appointing authority of the jurisdiction with such "inactive" member, and request full attendance or a reappointment. The Steering Committee shall act as a whole to select a replacement for any "inactive" Citizen Representative. DUES STRUCTURE Annual Snohomish County Tomorrow dues shall be assessed on a per -capita basis by jurisdiction and shall be based upon the most recent Washington State Office of Financial Management (OFM) population estimates. The annual assessment for each member jurisdiction shall be calculated as a percentage -proportion of the total projected annual SCT budget. The dues calculation and assessment shall be approved annually by formal action of the Steering Committee. OFFICERS The Steering Committee shall appoint in February of each year two Co - Chairpersons and two Vice Chairpersons. One Chairperson shall be a member representing a participating city or town or tribe and one Chairperson shall be a member representing the County. One Vice Chairperson shall be a member representing a participating city or town or tribe and one Vice Chairperson shall be a member representing the County. Of the two officers, one chair and one vice chair, representing a city or town or tribe, one is to represent a jurisdiction at or above the average population of municipalities within Snohomish County, and the other is to represent a jurisdiction below the average population of municipalities within the County. The average population calculation is based upon the most recent population estimate from the Washington State Office of Financial Management. The duties of the Co -Chairpersons shall be to chair meetings of the Steering Committee, execute such documents as may be approved by the Steering Committee, chair meetings of the Executive Committee and such other duties as may from time to time be assigned by the Steering Committee. The Vice Chairs shall chair meetings in absence of the Co -Chairpersons. The Vice Chairs shall serve on the Executive Committee and perform such other duties as may from time to time be assigned by the Chair(s). The officers shall hold office for a term of one year or until their successors are appointed. Meetings of the Steering Committee shall be held on the fourth Wednesday of each month, beginning at 6:00 p.m., unless otherwise ordered by the officers. One third of the Elected Official Representatives of the Steering Committee (seven Representatives) shall constitute a quorum. EXECUTIVE COMMITTEE A standing committee called the Executive Committee shall be established, which shall consist of the Steering Committee officers, one Citizen Representative of the Steering Committee, the chairperson(s) of other standing committees created by the Steering Committee, and the County Executive or his/her designee. One third of the members of the Executive Committee shall constitute a quorum, such that there is at least one Steering Committee officer representing the County and one Steering Committee officer representing a city present. The Executive Committee shall have such administrative powers as shall from time to time be delegated by the Steering Committee, which administrative duties shall include at a minimum authority to: • Delegate planning of meetings agendas to the SCT Steering Committee Co - Chairs; • Prioritize issues to be considered; • Oversee preparation of budget and work program drafts for presentation to the Steering Committee; • Issue payment for expenditures that are consistent with budgets approved by the Steering Committee; • Coordinate Steering Committee schedules and work progress; and, • Employ staff or consultants to assist in the completion of the approved work program. COMMUNITY ADVISORY BOARD (formerly Partnership for Tomorrow) A standing committee called the Community Advisory Board (CAB) shall be established. The Chairperson (s) of the CAB shall be appointed at the first CAB meeting of each year by CAB members and shall serve as official representative (s) to the Executive Committee. The membership of the Community Advisory Board will be representative of all facets of communities in Snohomish County, including leaders from city, County and tribal governments, citizen and nonprofit organizations, special purpose districts, business and industry, financial institutions and the building, development and real estate community. CAB members must either be residents of Snohomish County or have a business location address within the County. The business must have been in operation in Snohomish County for three years or longer. A post office box would not suffice as a business address for this purpose. CAB members need not be members of the Steering Committee. The Steering Committee shall appoint all members to the Community Advisory Board and will provide direction and oversight to the standing committee. At the direction of the Steering Committee, the Community Advisory Board will review and make recommendations concerning Snohomish countywide growth management issues. PLANNING ADVISORY COMMITTEE A standing committee called the Planning Advisory Committee (PAC) is hereby created. The Chairperson (s) shall be appointed in February of each year by PAC members and shall serve as official representative (s) to the Executive Committee. The Planning Advisory Committee shall consist of one staff member from each of the participating jurisdictions. The Committee shall coordinate the technical elements of the Snohomish County Tomorrow planning process and make recommendations to the Steering Committee. INFRASTRUCTURE COORDINATING COMMITTEE A standing committee called the Infrastructure Coordinating Committee (ICC) is hereby officially included as part of the Snohomish County Tomorrow organization. The Chairperson (s) shall be appointed in February of each year by ICC members and shall serve as official representative (s) to the Executive Committee. The ICC consists of public works representatives of the County, the cities, and the Tulalip Tribes, as well as the PUD and the Washington State Department of Transportation. In addition, water and sewer districts are invited to participate. The mission of the ICC is to coordinate the planning, functioning, and implementation of infrastructure and transportation systems in Snohomish County. CITY/COUNTY MANAGERS AND ADMINISTRATORS GROUP, COUNTY EXECUTIVE AND COUNCIL STAFF A standing committee comprised of City Managers and Administrators, County Executive and Council staff (MAG) is hereby officially included in the Snohomish County Tomorrow organization. The Chairperson(s) shall be appointed in February of each year by MAG members and shall serve as official representative (s) to the Executive Committee. The purpose and goals relate to an overall effort to define strategies and alternatives that allow for the transition of local and regional services as unincorporated urban growth areas become part of cities. They study service, revenue, and expenditure issues. OTHER COMMITTEES The Steering Committee may create such other committees as it deems necessary. VOTING MEMBERS Voting members of the Steering Committee are the Elected Official Representatives of the member jurisdictions: Arlington Index Mukilteo Bothell Lake Stevens Snohomish Darrington Lynnwood Stanwood Edmonds Marysville Sultan Everett Mill Creek Snohomish County Gold Bar Monroe Tulalip Tribes Granite Falls Mountlake Terrace Woodway DECISION MAKING AND METHOD OF VOTE Action taken by the Steering Committee shall normally be by consensus. In relation to the Snohomish County Tomorrow Steering Committee, consensus is defined as a "general agreement or a majority of opinion." In some cases, there may be votes required to resolve issues. In most cases, a simple show of hands of a majority of those present should suffice. In those cases, the minutes should reflect the vote count. In some cases, a weighted vote may be required. A weighted vote should be used sparingly and for important matters when substantial, good faith attempts at consensus fail. If the Executive Committee believes there is an item of significance on an upcoming agenda and a weighted vote may be required, notice of potential weighted vote shall be so indicated on the agenda. If, in the course of the decision making process, two or more voting representatives disagree with the consensus process, they may call for a weighted vote at a subsequent meeting. The Executive Committee shall schedule and note on the next regular meeting agenda the weighted vote or report on the status of the issue and the potential date it will be presented to the Steering Committee for action. The format for the weighted vote system is outlined below. Each Elected Official Representative shall cast a weighted vote determined as follows. One voting unit shall be allocated for each 2500 of population residing in the jurisdiction, based on the most recent State of Washington Census of Population figures. Voting units shall be rounded upwards such that 1 - 2500 population equal 1 voting unit; 2501 - 5000 population equals 2 voting units; 5001 - 7500 population equals 3 voting units; etc. A weighted vote shall require a super majority of 60% of votes, of representatives present, for passage. Once a recommendation has been made by the Steering Committee, the Coordinator shall transmit the recommendations(s) and appropriate attachments to the County Council Clerk and to each SCT member jurisdiction From time to time the SCT Steering Committee will be required to assume responsibility for business delegated by the Puget Sound Regional Council (PSRC). The occasions that require SCT action shall be given specific designation on published agendas and shall be accompanied by a brief summary of requirements and guidelines as provided by the PSRC for use by SCT. PARLIAMENTARY AUTHORITY The rules contained in the current edition of Roberts Rules of Order shall govern the Steering Committee in all cases to which they are applicable and in which they are not inconsistent with these Guidelines and any special rules of order the Steering Committee may adopt. AMENDMENTS These Operating Guidelines can be amended at any regular meeting of the Steering Committee by a two-thirds vote of Elected Representatives present, provided that the amendment has been submitted in writing at a previous meeting. BYLAWS OF THE PIERCE COUNTY REGIONAL COUNCIL ARTICLE 1— Purpose The purpose of the Bylaws is to govern the proceedings of the Pierce County Regional Council (PCRC or Council), consistent with the Interlocal Agreement which created the organization. In the event of a conflict between these Bylaws and the Interlocal Agreement, the Interlocal Agreement shall control. ARTICLE II — Organization and Membership Section 1. Organization: The PCRC shall be organized into a General Assembly; a Council; an Executive Committee; and other such task forces and committees as established by the Council, and including those set forth in these Bylaws. The Executive Committee shall consist of the Chair and Vice Chair. The Executive Committee shall designate a regular time and place for its meetings, and shall appoint representatives to the other committees within the first quarter of each year. The Executive Committee shall have the authority to expend funds and enter into contracts on behalf of the Council. Section 2. Members: Pierce County, each city or town in Pierce County, and the Port of Tacoma shall be a Member upon adoption of the Interlocal Agreement, provided however, a city or town partially located in Pierce County and partially in any other county must have a population of at least 500 persons or 500 employees in Pierce County before obtaining voting rights. Throughout these Bylaws, Members may be referred to as "Member Jurisdictions." Section 3. Ex Officio Associate Members: The Puyallup Tribal Council, Pierce Transit, and WSDOT Olympic Region shall be Ex Officio Associate Members. Ex Officio Associate Members may each provide a non-voting representative. Section 4. Other Associate Members: Other non -municipal governments such as federal agencies, other state agencies, other tribes, school districts, and other special purpose districts may become Associate Members upon approval of the Council. Representatives of Associate Members are non-voting. ARTICLE III — Officers Section 1. The officers shall be a Chair and a Vice Chair. Section 2. Chair: The Chair shall conduct the meetings of the Council and the Executive Committee, shall preside over meetings of the General Assembly, and shall be responsible for the preparation of the agenda for said meetings. The Chair shall ensure that the functions of the Council are carried out to the best of his or her ability. Section 3. Vice Chair: The Vice Chair shall preside and perform the duties of the Chair in the absence of the Chair. PCRC Bylaws Adopted January 21, 2016 Section 4. Elections: The Chair and Vice Chair shall be elected by the Council from among the Council's Member Jurisdictions. The Vice Chair shall be from a different Member Jurisdiction than the Chair. Section 5. Term: The Chair and Vice Chair shall serve for one year, and their terms of office shall begin at the beginning of the calendar year. In the event of a vacancy in the office of the Chair, the Vice Chair shall succeed to said office for the unexpired portion of the term. In the event there is a vacancy in the office of the Vice Chair, the Council shall elect from its membership a new Vice Chair to serve the unexpired portion of the term. In the event there is a vacancy in the office of the Chair and Vice Chair, the Council shall elect from its membership a new Chair and Vice Chair to serve the unexpired portion of the terms. ARTICLE IV —The Council Section 1. Purpose: The Council shall direct the affairs of the PCRC between the annual meetings of the General Assembly. The Council shall exercise all powers and managerial and administrative authority not reserved for the General Assembly. Section 2. Composition: The Council shall be comprised of elected officials representing each Member Jurisdiction as defined In Article II, Section 2, above. In accordance with the Interlocal Agreement, Article IV, Section D, Member Jurisdictions shall have representatives as follows: Pierce County: the County Executive and three (3) County Council representatives for a total of four (4) representatives; City of Tacoma: three (3) representatives; City of Lakewood: two (2) representatives; City of Puyallup: two (2) representatives; City of University Place: two (2) representatives; and One (1) representative from each remaining Member Jurisdiction. Each Ex Officio Associate Member and each Other Associate Member may designate a representative to serve on the Council. Section 3. Appointment: Representatives to the Council shall be appointed as follows: (a) Each Member Jurisdiction shall choose from its elected officials its representative(s) and designated alternate(s) by its own appropriate process. The name and contact information of both the designated representative and his/her alternate, with a copy of the minutes of the Member Jurisdiction designating representative(s) and alternate(s), shall be transmitted to the Council Clerk by the first working day in February of each year. (b) Each Ex Officio Associate Member and Other Associate Members may designate a representative and alternate by its own appropriate process. (c) The name, mailing and e-mail address, telephone and fax numbers of all representatives and their designated alternates shall be filed in writing PCRC Bylaws Adopted January 21, 2016 with the Council, directed to the Council Clerk. Each Member Jurisdiction may change its designated representative or alternate not more than twice annually. Written notification from the Member Jurisdiction's chief executive or clerk of a change in representatives/alternates must be received by the Council Clerk at least ten (10) days in advance of a regular Council meeting and twenty (20) days in advance of a General Assembly. (d) Elected officials from Member Jurisdictions who are neither representatives nor alternates are encouraged to attend and participate in Council discussions, but may not vote. Section 4. Notice: An agenda with supporting materials shall be mailed (all reference to mail in this document include e-mail or U.S. mail) at least seven (7) days in advance of all regularly scheduled Council meetings; provided however, that if the Chair or any five (5) representatives of Member Jurisdictions determine that an emergency exists, they may make a finding to that effect in which event a special meeting may be held on facsimile, e-mail, or written notice delivered to each representative at least five (5) days in advance. The agenda for a special meeting shall be limited to those items specified in the notice. Section 5. Quorum: A quorum of the Council shall consist of representatives from one-third of the Member Jurisdictions. Section 6. Voting: Each representative (or his/her alternate) of a Member Jurisdiction shall have one vote. All actions of the Council will be by simple majority vote unless otherwise provided by law or in these Bylaws. Section 7. Absence of voting representatives: A designated representative of a Member Jurisdiction or that representative's designated alternate must be present to vote at a Council meeting. If a representative or alternate has three (3) consecutive absences, the Council may request that a new representative be appointed by the Member Jurisdiction. When a representative/alternate is not present at a Council meeting, the Member Jurisdiction may designate a staff person from the Member Jurisdiction to appear and participate at the Council meeting, but staff may not vote. ARTICLE V —The General Assembly Section 1. Purpose: The purpose of the annual meeting of the General Assembly will be to hear an annual report, adopt an annual work program, and take action on such matters as the Chair or Council may determine. Section 2. Composition: The General Assembly shall be comprised of elected officials from the legislative authorities of the Member Jurisdictions and the chief elected officials from the Member Jurisdictions. Ex Officio Associate Members and Other Associate Members, and staff from the various jurisdictions, are encouraged to participate in General Assembly meetings, but do not vote. Section 3. Notice: Written notice and the agenda of all General Assembly meetings shall be mailed to all representatives and alternates at least ten (10) days prior PCRC Bylaws Adopted January 21, 2016 to the meeting; provided however, that if the Chair or Council determines that an emergency exists, they may make a finding to that effect in which event a meeting may be held with notice delivered to each Member Jurisdiction at least 24 hours before the meeting. Section 4. Date: The General Assembly shall meet at least annually, at a time and place designated by the Council. Section 5. Quorum: A quorum of the General Assembly shall be met if representatives from at least fifty percent (50%) of the Member Jurisdictions are present. Section 6. Voting: Actions voted upon shall be approved by simple majority vote, except as specified in the Interlocal Agreements, these Bylaws, or by requirement of state or federal law. Section 7. Special Voting Process: If requested by three representatives from three different Member Jurisdictions, the special voting process shall be required for the following actions: a. Adoption of the annual work program; and b. Action to overturn an amendment to the Bylaws. Under the special voting process, action by the General Assembly shall require a majority vote from each of the following: a majority vote of the Pierce County representatives who are present, a majority vote of the City of Tacoma representatives who are present, and a majority vote of the other representatives of Member Jurisdictions who are present. ARTICLE VI — Committees Section 1. Committees: The Chair may appoint or the Council may, by majority vote, direct the Chair to appoint standing, ad hoc, or special task forces or committees to advise the Council in its functions and responsibilities. Section 2. Membership: Membership of task forces and committees may include representatives from Member Jurisdictions, representatives from Ex Officio Associate Members, representatives from Other Associate Members, elected officials, local government staff, citizens, professionals in the field, and other experts. Voting rights of a task force or committee shall be in accordance with the voting rights for "members" as set forth in Article II, Section 2. Section 3. There are three standing Committees in addition to the Executive Committee: the Growth Management Coordinating Committee (GMCC), the Transportation Coordinating Committee (TCC), and the Operations Committee. The GMCC shall serve as an advisory committee to the Council and provide advice and recommendations on growth management issues. . PCRC Bylaws Adopted January 21, 2016 The TCC shall serve as an advisory committee to the Council and provide advice and recommendations on transportation and infrastructure issues. The Operations Committee shall provide advice and recommendations on proposed budgets, contracts, committee membership, items for the Council agenda, and other items and issues as assigned by the Executive Committee. The Chair, Vice Chair, or designee shall chair the Operations Committee. ARTICLE VII —Work Program Section 1. The Council shall recommend the annual work program for review, revision, and adoption by the General Assembly. Section 2. The Council shall control and monitor all expenditures and budget available funds in accordance with the adopted work program and shall have the power to amend the work program to meet unanticipated needs or changed conditions. ARTICLE VIII — Open Meetings All meetings of the Council shall conform to the Open Public Meetings Act, Chapter 42.30 RCW. The Council shall adopt procedures to ensure appropriate public notice of all meetings. ARTICLE X — Amendments to Bylaws These Bylaws may be amended at any regular or special meeting of the Council; provided however, that a copy of the proposed amendment has been mailed to each Member Jurisdiction and each representative to the Council at least fifteen (15) calendar days prior to the meeting at which the vote to amend is taken. Any amendment(s) of the Bylaws shall be effective immediately upon adoption by the Council, provided that the General Assembly may take action to overturn such amendment(s) at the next meeting. Adopted by the Pierce County Regional Council; Z5�uc,. cr �D J lv (Date) PCRC Bylaws Adopted January 21, 2016 Dorm Dicks Government Center City of Bremerton Departmental Moves and. Consolidation Timeline and Concepts General Timeline ■ Take possession of new space: close of business Wednesday, August 30 • September — Carpeting 6`h Floor — starting on east end, working west — night work. This work will proceed in phases over two months • September — Store/move furniture as necessary for remodel work • September— Begin remodel work on all three floors. Initial approach will be to prepare most of the 5`h floor space for occupancy first, then 1St, then 0 • October - Engineering staff begins move to 5th floor; move complete by early November • October/November — Finance staff begins move to 1" floor • November — Utility Billing staff relocates to I" floor (exact date to be determined); Finance staff move complete • December — 6th floor Legal/DCD moves complete Concept for Department Locations • City Council — no change • DCD — 6th Floor • Legal — 6th Floor • Engineering — 5th Floor • Finance — I" Floor • PW Utility Billing - 1 st Floor • PW Senior Staff— I" Floor • Phase 11: Information Services — plan to be determined