HomeMy WebLinkAbout01/25/2026 STUDY SESSION AGENDA PACKET Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to
request Americans with Disabilities Act (ADA) accommodations.
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
F I N A L
WEDNESDAY, JANUARY 28, 2026
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will
be no opportunities for input. However, public questions or comments may be submitted at any time to
City.Council@bremertonwa.gov. Please remember that the content of the Agenda Bill items is subject to
change; and no action at the Study Session is anticipated. If approved by the Council, these items will be
placed on the February 4, 2026 City Council Meeting Agenda, or as indicated.
Members of the public may click the link below to join the webinar:
https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09
Or One tap mobile:
US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582#
Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253
205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756; Passcode: 857582
A. INFORMATION ONLY PRESENTATION
1. 6th Street Active Transportation Improvement Project Update
B. AGENDA BILL BRIEFINGS
1. Contract Modification Agreement No. 1 with Parametrix, Inc. for the Active Transportation Plan
2. Contract Modification Agreement No. 2 with Parametrix, Inc. for Design and Construction Services
for the E. 9th Street Stormwater Improvements Project
3. Approve Easement Acquisition for Sewage Pump Station EB-10 for the Tracyton Beach Road
Sewer Improvements Project
4. Drinking Water State Revolving Fund Loan Contract with WA State Department of Health for the
Manganese Treatment Facilities (Eastside) Project
5. Public Hearing on Interlocal Agreement with the Port of Port Angeles for Sale and Purchase of
Surplus Emergency Fire and Rescue Boat
6. Contract Modification No. 8 with Parametrix, Inc. for Engineering Services for the Kitsap Lake
Park Renovation Project
7. Washington State Department of Ecology 2025-2027 Biennial Stormwater Capacity Grant
8. Clean Water State Revolving Fund Loan Agreement with WA State Department of Ecology to
Fund Construction of the Decommission Beach Sewer From OB-4 to EB-2 Project
9. 2026 Lodging Tax Advisory Committee Funding Recommendations
Continued on next page
Please contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to
request Americans with Disabilities Act (ADA) accommodations.
C. GENERAL COUNCIL BUSINESS
1. Update on Eagles Wings Coordinated Care – Council President Jane Rebelowski and City
Attorney Kylie Finnell
2. Discussion on Shelter Funding and Homelessness – Council President Jane Rebelowski
3. Discussion on Public Comment and Public Recognition – Council President Jane Rebelowski
4. Public Works Committee Briefing (Last Meeting on 1/20/26) – Chair Denise Frey
5. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 1/27/26) – Chair Michael
Goodnow
6. Regional and Other Committee/Board Briefings
7. Other General Council Business (Only as necessary, and as time allows)
D. ADJOURNMENT OF STUDY SESSION
Form Updated 4.19.2024
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: 6th Street Active Transportation
Improvement Project Update
Study Session Date: January 28, 2026
Presenter: Nick Ataie
Phone: (360) 473-2306
SUMMARY: The 6th Street Active Transportation Improvement Project includes street improvements
to improve safety for all road users and provide continuous on-street bike lanes through a roadway
re-channelization. HDR Engineering, Inc. has supported staff in development of corridor design
alternatives and a second in-person open house meeting was held on September 30, 2025 with an
online survey and comment period provided following the meeting. The project has secured
construction funding through the WSDOT Pedestrian and Bicycle Grant Program with no local match
required. This informational presentation will include a summary of public input received, staff design
recommendations, and discussion on next steps related to advancing project design and
construction. A summary of survey input received following the 2025 open house and a staff design
recommendation memorandum will be published to the project webpage prior to this presentation:
Project Webpage: https://www.bremertonwa.gov/1342/6th-Street-Active-Transportation-Improve
HANDOUTS: Power Point Presentation
A1
6 TH STREET
Active Transportation Improvement Project
City Council Study Session
January 28, 2026
Nick Ataie, P.E. – PW&U Engineering Division
2025 Community Input & Staff Concept Design
Recommendations
Information Only Briefing
PROJECT OVERVIEW
•Improve Safety for All Users (Through Cost Effective Street Re-Channelization)
•Connect Bike Network (Charleston to Downtown)
Project Need & Purpose
As Previously Planned, Studied, and Validated…
2025 OPEN HOUSE RECAP
•September 30 – NDGC (5pm – 7pm)
•Approximately 80 Attendees
•Info Boards, Design Concepts, and
Delineator Samples
•200+ Comments from Online Survey
(Open Sept 30 - Oct 26)
September 2025 Open House – 2nd Project Open House
2025 ONLINE SURVEY: TAKEAWAYS
•Significantly more input compared to 2024 input
•Safety (especially pedestrian safety) is a high
community priority
•Traffic & congestion concerns are still top of mind
for many
•Many, but not all, responses reflect mixed
community opinions or preferences
•Community input, while mixed, still provides a high
value in the decision-making process
Let’s prioritize
safety over car
movement…
6th Street is
fine the way
it is…
The emphasis on bike lanes
is disproportionate to the
need. …
This works very
well in other
cities! Highly
recommend.
SURVEY RESPONSE SUMMARY
DESIGN RECOMMENDATIONS
DECISION-MAKING FRAMEWORK
Public Input Stakeholder Input
Previous Studies
Previous Plans
Technical Analysis
City Policies
Standards Best Practices
Project Constraints
STAFF CONCEPT DESIGN
RECOMMENDATIONS MEMO
DESIGN RECOMMENDATIONS
BIKE LANE PHYSICAL SEPARATION
Use of flexible post type bike lane physical
separation (either with or without a fixed curb
base) at locations excluding where the
Bremerton Fire Department identifies
emergency response concerns
STAFF RECOMMENDATION
✓Enhanced Cyclist Comfort & Safety
✓Extended Limits of Proposed Placement from Initial Concepts
✓Majority Support (2025 Survey)
✓Seeks Balance with Fire Operations/Response Needs
✓Allows Opportunity for Future Expansion
❖Requires Ongoing Maintenance
DESIGN RECOMMENDATIONS
OLYMPIC AVENUE & HEWITT AVENUE INTERSECTIONS
Alternative A (Installation of Paved Center
Islands)
STAFF RECOMMENDATION
✓Improved Pedestrian Safety (Highest Weighted Survey Priority)
✓Speed-Reduction & Enhanced Visibility Strategy
✓Preferred Treatment (2025 Survey)
❖Offset Intersections Require Turning Restrictions for Safety
❖Precludes Physical Bike Lane Separation (Emergency Access)
Alternative B included use of paint and curbs only
DESIGN RECOMMENDATIONS
NAVAL AVENUE FULLY PROTECTED INTERSECTION
Defer consideration of a fully protected
intersection at 6th Street and Naval Avenue at
this time
STAFF RECOMMENDATION
✓Concepts Developed In Response to 2024 Project Outreach
✓Provides the Highest Level of Non-Motorized Safety & Comfort
✓Developed Using Latest AASHTO & NACTO Guidance
❖Mixed Community Support (2025 Survey)
❖Cost Prohibitive with Current Funding
❖Would Require Right-of-Way & Adjacent Property Impacts
Two other Naval Avenue intersection alternatives developed
DESIGN RECOMMENDATIONS
NAVAL AVENUE INTERSECTION DESIGN ALTERNATIVES
Alternative A (Separated Bike Lanes with No
Separate Eastbound Vehicle Right Turn Lane)
STAFF RECOMMENDATION
✓Concept Developed In Response to 2024 Project Outreach
✓Prioritizes Bike Separation Over Vehicle Turn Lanes
✓Does Not Require Street Widening / Low-Cost Implementation
✓Allows Acceptable Intersection Vehicle Operations
✓Preferred Treatment (2025 Survey, ±12% More Favored)
❖Intersection Operations Sensitive to Navy Gate Operations
Alternative B included an eastbound right turn lane with bike lane mixing zone
DESIGN RECOMMENDATIONS
ROOSEVELT AVENUE – PENNSYLVANIA AVENUE DESIGN ALTERNATIVES
Alternative A (Provide Center Left-Turn Lane
with Reduced Bike Lane Buffer)
STAFF RECOMMENDATION
✓Allows Recommended Center Island Installation (Hewitt Ave)
✓Allows Maximum Physical Bike Lane Separation
✓Maximizes Neighborhood Access and Side Street Turning
✓Maintains Consistent Street Configuration
❖Not the Preferred Treatment (2025 Survey, ±6% Less Favored)
Alternative B included a 2-lane roadway with increased bike lane buffering
DESIGN RECOMMENDATIONS
WARREN AVENUE – PARK AVENUE DESIGN ALTERNATIVES
Alternative A (No Center Left-Turn Lane with
Maximized Bike Lane Buffers)
STAFF RECOMMENDATION
✓Concept Developed In Response to 2024 Project Outreach
✓Allows Maximum Bike Lane Separation
✓Preferred Treatment (2025 Survey, ±12% More Favored)
✓Area of Lower Vehicle Volumes / Downtown Core
❖Precludes Physical Bike Lane Separation (Emergency Access)
Alternative B provided a center turn lane with limited bike lane buffers
DESIGN RECOMMENDATIONS
PARK AVENUE – PACIFIC AVENUE DESIGN ALTERNATIVES
Alternative B (Removal of All On-Street
Parking with Increased Bike Lane Separation)
STAFF RECOMMENDATION
✓Concept Developed In Response to 2024 Project Outreach
✓Allows Maximum Bike Lane Separation / Maintains 2-Lanes
✓Preferred Treatment (2025 Survey, ±7% More Favored)
❖Precludes Physical Bike Lane Separation
❖Requires Elimination of all 18 On-Street Parking Spaces
Alternative A included a 2-lane roadway with 8 on-street parking spaces
Alternative C included a center turn lane and limited bike lane buffers
DESIGN RECOMMENDATIONS
ON-STREET PARKING EAST OF PACIFIC AVENUE
Provide parking protected bike lanes east of
Pacific Avenue
STAFF RECOMMENDATION
✓Maintains Some Residential Permit Parking
✓Incorporates Parking as Bike Lane Physical Separation
✓Parked Vehicles Support Speed Reduction
✓Preferred Treatment (2025 Survey, ±29% More Favored)
❖Requires Reduction of 9 On-Street Parking Spaces
No alternatives were provided to parking-protected bike lanes at on-street parking locations
DESIGN RECOMMENDATIONS
PEDESTRIAN & BICYCLE SIGNAL IMPROVEMENTS
Implement Leading Pedestrian Intervals (LPI)
Install Bike Signal and No Turn on Red (NTOR)
Westbound at Warren Ave
STAFF RECOMMENDATION
✓LPI Improves Pedestrian Safety & Visibility (Early
Implementation)
✓New Bike Signals & NTOR Only at One Location (Per MUTCD)
NEXT STEPS & ANTICIPATED SCHEDULE
HDR Engineering Contract Amendment
•Feb 17 – Public Works Committee
•Feb 25 – Study Session
•Mar 4 – City Council
January - March 2026
Develop Final Engineering Design
•No Further Formal Public Input Anticipated
March - October 2026
Bid Phase
•Target Construction Award in January 2027
November 2026 – January 2027
Pre-Construction Activities & Outreach
February – March 2027
Construction
•Warm/Dry Weather Construction Window
April – August 2027
Construction Complete
August / September 2027
PROJECT FUNDING & ESTIMATED COSTS
PHASE FUNDING
SOURCE
CURRENT
BUDGET
ESTIMATED
COST
ESTIMATED
FUNDING
NEED/SURPLUS
NOTES
Design CITY $700,000 $800,000 $100,000 Added Analysis / Concept Design,
Second Open House, Staff Time
Right-of-Way GRANT *$50,000 $0 ($50,000)All Recommendations Within Existing
Right-of-Way
Construction GRANT $3,110,000 $3,000,000 ($110,000)All Recommendations Within
Construction Budget
TOTAL CITY & GRANT $3,860,000 $3,800,000 ($60,000) **
A budget adjustment will be required for remaining design costs
* Grant funding allocated for right-of-way has been requested from WSDOT to be used for remaining design costs
** Remaining design costs will be tracked for possible reimbursement at end of project with any remaining
unspent grant funds
NICK ATAIE, PE
PROJECT MANAGER – ENGINEERING
NICK.ATAIE@CI.BREMERTON.WA.US
360-473-2306
QUESTIONS & DISCUSSION
www.bremertonwa.gov/6thStreetProject
6th Street Active Transportation Improvement Project
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Contract Modification Agreement No. 1
with Parametrix, Inc. for the Active
Transportation Plan
COUNCIL MEETING Date: February 4, 2026
Department: PW & Utilities
Presenter: Katie Ketterer
Phone: (360) 473-5334
SUMMARY: Staff have negotiated a contract modification with Parametrix to complete the 2024
updates to the Active Transportation Plan (ATP). The ATP updates were started in 2023 with the
Comprehensive Plan updates and both were originally intended to be delivered together. However,
additional public outreach and engagement were needed to complete the ATP. The plan will
establish the vision for future improvements to active transportation facilities in the City, and outline
resources needed to implement the vision. Parametrix’s scope of work outlines the additional
community engagement that will take place during the planning process. The amendment amount is
$185,728.45 for a total amended contract amount of $714,580.05, including this Contract
Modification.
ATTACHMENTS: 1. Proposed Contract Modification and Scope of W ork
2. Staff Bios
3. Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the 2025 and 2026
Transportation CIP.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Contract Modification with Parametrix, Inc. for the Active Transportation Plan;
and authorize the Mayor to finalize and execute the modification with substantially the same terms
and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B1
Page 1 of 2 Contract Modification Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX INC. PROJECT Active Transportation Plan & Comp Plan Update CONSULTANT Parametrix Inc. DATE 12/18/25 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on October 10, 2023. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2027. Section III. Compensation , is modified as follows: The original contract amount was five hundred twenty-eight thousand eight hundred fifty-one dollars and sixty cents ($ 528,851.60). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed one hundred eight-five thousand seven hundred twenty-eight dollars and forty-five cents ($ 185,728.45) for a total amended contract amount of seven hundred fourteen thousand five hundred eighty dollars and five cents ($714,580.05), including this Contract Modification. 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.
Page 2 of 2 Contract Modification Rev. 09/2021 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. Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: Nadine Appenbrink Attn. City Clerk Project Manager Parametrix Inc. City of Bremerton 719 2nd Avenue, STE 200 345 6th Street STE 100 Seattle, WA 98104 Bremerton, WA 98310 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
Scope of Work Page 1 of 11 October 2025 Bremerton 2044 – Active Transportation Plan
Proposed Scope of Work
This proposed scope of work details the approach to complete the Bremerton 2044 Active Transportation Plan (ATP). This scope of work acknow ledges that substantive work has been completed, and broad-based community input has been incorporated into the previous draft (known as the Public Review Draft, Jan. 8, 2025). It also acknowledges that additional targeted engagement will be needed to revise and finalize the active transportation policies and project list, to gain trust with key segments of the Bremerton community and gain approval of Planning Commission and City Council. Assumptions Assumptions for this scope of work include:
Scope of Work Page 2 of 11 October 2025
Scope of Work Page 3 of 11 October 2025 Task 02 – Community Engagement Goal The goal of Task 2 is to build trust with community members, engage with key stakeholders to solicit detailed feedback on the future active transportation network, and share draft revisions for citywide
feedback. Subtask 2.1 – Review Engagement and Work to Date Objective To review work completed as part of the 2024-25 Active Transportation Plan effort and identify needs for updated/new written and graphic materials to support targeted workshops with the key
stakeholders and the public. Approach The Parametrix team will review all public feedback received, including 2024 community outreach efforts and public and leadership feedback on the Ja nuary 2025 Draft ATP. The feedback collected in 2024 and early 2025 will help our team identify gaps in previous work on the January 2025 draft of the ATP and identify needs and materials for workshops with select stakeholders. This analysis of what we heard and steps to address input will be the starting point for the workshops in subtask 2.2
and will support workshop engagement with graphics, maps and other workshop materials. Deliverables
Scope of Work Page 4 of 11 October 2025 The workshops will provide an opportunity for intere sted stakeholders and the project team to review
definitions, priority networks, identify bicycle and pedestrian gaps, highlight safety data issues and perceptions and/or other concerns, potential future projects and other solutions. The team will structure the events to be held in person and provide a collaborative approach with interactive materials to collect insights and document the discussion. This may include providing information about the purpose of priority networks, as compared to the project list to help clarify the differences and role of each tool in planning. Input from participants at these workshops will inform the proposed future active transportation network. Following is a general description of potential workshop topics:
Workshop 1: The purpose of this first meeting will be to listen, gain a broader understanding of concerns about the Public Review Draft, confirm goals and expectations for the ATP, review/refine definitions for consistent understanding. Workshop 2: Project team will return with updated materials based on Meeting 1 conversation. Discuss network map, highlight areas mentioned in previous comments, discuss other issues/locations for improvements. Provide feedback on draft list of evaluation criteria. Workshop 3: Project team will return with updated ma terials illustrating changes to network and a draft project list that has been scored using the evaluation criteria. Discuss refinements/ adjustments to the network and project list. Discuss how the process moves forward from high level planning into project delivery. Deliverables
Scope of Work Page 5 of 11 October 2025 Parametrix will provide a written summary of discussion and outcomes from each workshop following the debrief meeting with City staff. City staff will distribute to workshop participants.
Scope of Work Page 6 of 11 October 2025
Scope of Work Page 7 of 11 October 2025
Scope of Work Page 8 of 11 October 2025 Approach The Parametrix team will develop core contents of the ATP as material for discussion and review at Workshops 1, 2 and 3 and Milestone 1. Plan content will include revisions to the vision, goals, prioritization criteria, priority networks, and futu re project list. This task will include identification of high-level route feasibility, including identification of the preferred facility type and any constraints to implementation, such as if lane reconfiguration or land acquisition would be required. Anticipated materials needed at the time of scoping include:
Scope of Work Page 9 of 11 October 2025 Subtask 3.2 –Public Review Draft Plan Objective To produce a revised draft of the ATP for citywide public review. Approach The Parametrix team will make targeted revisions to the core components of the ATP, including vision, goals, prioritization criteria, priority networks, and future projects. This task will include identification of high-level route feasibility, including identification of the preferred facility type and any constraints to implementation, such as if lane reconfiguration or land acquisition would be required. Deliverables
Scope of Work Page 10 of 11 October 2025 Assumptions
Scope of Work Page 11 of 11 October 2025 Proposed Schedule Task Subtask Description 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11 Project Management 11 01 Project Management 12 Community Engagement 12 01 Review Engagement and Work to Date 12 02 Hands-On Design Workshops 12 03 City-Wide Engagement Milestone 1 12 04 City-Wide Engagement Milestone 2 12 05 Support for PC and CC Adoption 13 Revised Public Draft Plan 13 01 Plan Refinements 13 02 Public Review Draft Plan 14 Revised Final Plan 14 01 Final Plan
Nadine AppenbrinkFred YoungRyan FarncombEmily Mannisto-MeyersSierra OhlsenMichael HorntdvedtJinger HendricksMarci GamonJessica LavarisJean JohnsonChad TinsleySr PlannerSr ConsultantRegional Division ManagerPlanner IIIPlanner IISr ConsultantPlanner IVSr Project Controls SpecialistSr Project AccountantSr Contract AdministratorSenior GIS Analyst$218.30$296.88$299.29$132.94$124.51$347.63$158.49$170.05$133.58$201.32$171.06TaskSubtaskDescriptionLabor DollarsLabor Hours11Project Management$20,885.801023618000002020801101Project Management$20,885.8010236182020812Community Engagement$93,534.394816861491231122420000241201Review Engagement and Work to Date$15,328.36781684301281202Hands-On Design Workshops$48,482.3522324454545368201203City-Wide Engagement Milestone 1$13,721.3284820368121204City-Wide Engagement Milestone 2$8,416.365681620121205Decision Maker Support$7,586.004012812813Plan Refinements$38,933.50226201224646643600001301Plan Refinements$26,401.961441282440404161302Public Review Draft Plan$12,531.54828424262014Final Plan$10,274.765684416164400001401Final Plan$10,274.7656844161644MRManagement Reserve$20,000.00MR01Management Reserve$20,000.00Labor Totals:865132957720319432602020824Totals: $183,628.45 $28,815.60 $28,203.60 $23,045.33 $26,986.82 $24,154.94 $11,124.16 $9,509.40 $3,401.00 $2,671.60 $1,610.56 $4,105.44Subconsultantsn/a$0.00PMAT LeadAT NetworkAT NetworkGIS and AT AnalysisAdvisorGraphicsProject ControlsFinanceContractsGISSubconsultants Total:$0.00Other Direct ExpensesTravel (mileage, tolls)$1,800.00Printing/materials$300.00Other Direct Expenses Total:$2,100.00Project Total$185,728.45Billing Rates:
Fred Young, pla
Senior Consultant
24 Years of Experience Master of Landscape Architecture BS, Biology
Professional Landscape Architect: WA
Ryan Farncomb
Transportation Division Manager
18 Years of Experience Master of Urban and Regional Planning BA,
Planning and Environmental Policy
Emily Mannisto-Meyers
Planning and Engagement Specialist
9 Years of Experience BA, Urban and Regional Planning Policy
Nadine Appenbrink
Project Manager and Senior Planner
17 Years of Experience Master of Urban and Regional Planning BA,
Environmental Science and Policy
Key Staff Updates
Fred’s career focus is on public projects that enhance the livability of
communities. He has managed active transportation projects and multi-
disciplinary teams in a wide range of contexts across the Pacific Northwest
and North America. Fred’s projects include active transportation system plans
for cities, regions, and states; multimodal corridor plans and designs; first-last
mile access to transit studies; and bike share planning and implementation. He
collaborates with designers, engineers, and planners to develop cost-effective
solutions that maximize public benefit by creating places that enhance user
experience and are integral to the functional built environment.
Selected relevant projects: Bremerton Active Transportation (AT) Plan Mariner
Area AT Plan North Bend Way Complete Street Vision Plan Bicycle Priority
Network – Spokane
Ryan is a skilled project manager of transportation projects, with a specialization
in planning for small- and mid-sized communities. In addition to leading planning
and design projects in the Pacific Northwest, he has served as a city engineering
technician and construction inspector. His breadth of experience — from initial
planning and engagement through construction — means that he understands
implementation even at the earliest stage of project development. As a result,
he focuses on actionable projects and goes the extra distance to know that they
can be implemented, even at the long-range plan stage. Ryan grew up in, and
used to work for, Poulsbo, Washington — he knows how important it is to engage
with the community and elected officials on active transportation plans that
meaningfully impact everyone’s futures.
Selected relevant projects: City of Vancouver, Fourth Plain Cycling, Walking, and
Transit Improvements City of Bend, Olney Pedestrian and Bike Improvements
ODOT, Sisters/Bend/Redmond AT Plan Poulsbo SR305 Corridor Plan
Poulsbo Complete Streets Plan
Emily is a transportation planner and engagement specialist with expertise
in transportation system plans, active transportation, trail planning, corridor
redevelopment, and grant writing. She excels at clear, effective communication
of project information. With a strong background in GIS, public policy, community
organizing, and public outreach, Emily builds meaningful connections with clients
and community members. This rapport enables her to identify transportation
facility gaps and community needs, translating them into innovative project
ideas. Emily distills complex data to create concise, user-friendly materials
that support decision-making for leadership and public engagement. She also
develops compelling, persuasive, data-driven grant narratives that clearly convey
project benefits and have contributed to multiple successful awards.
Selected relevant projects: City of Vancouver, Fourth Plain Cycling, Walking, and
Transit Improvements City of Poulsbo, SR 305 Corridor Transportation Study
Roseburg Bike Routes Plan Snohomish County (Mariner Area) AT Study
Nadine is a senior planner who serves in leadership roles on multimodal
transportation projects in project management, public engagement and active
transportation planning. She brings strong planning expertise and the skills
to facilitate community dialogue about growth and future investment. She
works with communities to realize their vision and develop clear, actionable
steps for implementation and funding. Nadine’s experience includes active
transportation plans, multimodal corridor studies, and trail planning. She brings
skills in engagement, facilitation, policy development, scenario planning, and
implementation strategy.
Selected relevant projects: City of Bremerton, AT Plan WSDOT AT Staff
Augmentation ODOT, Cascade Locks Pedestrian/Bicycle Path City of
Vancouver, Fourth Plain Cycling, Walking and Transit Improvements WSDOT
AT Assistance: Longview, Raymond, Hoquiam and Shelton
Bremerton Active Transportation Plan
COUNCIL STUDY SESSIONActive Transportation PlanJanuary 2026
ACTIVE TRANSPORTATION PLANThe Active Transportation Plan includes a vision for the future of active transportation. Update and build upon the 2007 Bremerton Non-Motorized Transportation PlanIdentify the priority network for pedestrian and bicycle routes through the City.Identify new projects through network analysis, priority locations, and integration of previous planning effortsCompile a comprehensive list of near- and long-term active transportation projects to be included in the Transportation Technical Appendix.Active transportation refers to human-scaled methods of travel, such as walking, riding a bike, using a scooter, or rolling with an assistive mobility device such as a wheelchair.
ATP PAUSE AND APPROACH FOR RESTART Planning Commission made a recommendation to separate the Active Transportation Plan adoption from the Comprehensive Plan adoption timeline and the Administration and Council agreedAdministration determined a new approach with greater public input and a process for prioritizing is needed to reach a consensus on the planStaff devised an approach that utilizes a workshop committee to advise and guide the overall process ensuring public input at each stage of the projectStaff negotiated the new scope of work with Parametrix
BUDGET FOR PROJECTParametrix Contract Modification$528,851.60Original Contract (included transportation element of Comp Plan)$185,728.45Modification Amount$714,580.05Contract TotalThe Active Transportation Plan was originally a joint effort with the Transportation Element of the Comp Plan update and the two were budgeted together$600,000 was original budget for TE/ATP effortAdditional need of $200,000 was identified for the expanded ATP effort$150,000 was included in the mid-year 2025 budget adjustment – from projects deferred $50,000 was included in the 2026 budget
ENGAGEMENT APPROACHKey Engagement Events and MethodsWorkshop 1: The purpose of this first meeting will be to listen, gain a broader understanding of concerns about the Public Review Draft, confirm goals and expectations for the ATP, review/refine definitions for consistent understanding.Workshop 2: Discuss network map, highlight areas mentioned in previous comments, discuss other issues/locations for improvements. Provide feedback on draft list of evaluation criteria. Citywide Engagement 1: Understand community priorities for future active transportation investments, including facility types, specific locations, and evaluation criteria for scoring projects.Workshop 3: Review project team’s work on an updated network and a draft project list that has been scored using the evaluation criteria. Discuss refinements/ adjustments to the network and project list. Discuss how the process moves forward from high level planning into project delivery. City Engagement 2: Solicit input from the public on the revised plan, provide the community with a summary of feedback received to date, and how the revised approach incorporates community feedback.
WORKSHOP PROPOSALCommunity Advisors Bremerton Residents:4 members appointed by the PWC −2 appointed by PWC Committee−1 appointee from WSCC−1 PSNS employee w/ active commute3 members appointed by the Mayor−Utilize Community Engagement Manager for appointmentsTechnical Advisors1eachfrom:Bremerton SchoolsKitsap TransitKitsap CountyPSNS Kitsap Public HealthPlanning CommissionOlympic CollegePublic SafetySuquamish TribeWSDOT
TECHNICAL ADVISORS (PURPOSE AND NEED)Why do we need agency partners on the workshop group?Key Contributions Partner AgencyInput on project near schools and the SRTS grant programBremerton School DistrictCoordinate with transit planning and get insight on user needs Kitsap TransitCoordinate with County level plans and interconnectionsKitsap CountyProvide insight on employee needs, SIOP, gate operations and securityPSNSStaff expertise on public health as it relates to the built environmentKitsap Public HealthAlign effort with land use policy and comp plan goalsPlanning CommissionInput on student needs and alignment with OC planningOlympic CollegeStaff expertise on key emergency response routes and vehicle turn radiiPublic SafetyStaff expertise on local environmental goals Suquamish TribeCoordinate with State level planning for state-controlled facilities and staff expertise on best practices for active transportation planning and designWSDOT
WORKSHOP PROPOSALHow will workshop members be selected?Technical Advisors:Staff will reach out to partners and request a representative. We typically give a brief overview of the workgroup purpose and goals as well as an estimate for the time commitment. Additionally, we can ask partners to select representatives who live, work, or have deep connection to Bremerton.Community Advisors:Staff, Mayor’s Office, and Public Works Committee will work collaboratively to announce the volunteer opportunity for Bremerton residents. Those interested will be able to submit a simple form and PWC and the Mayor’s Office will select from those submissions.
4thQuarter3rdQuarter2ndQuarter1stQuarter4th Quarter3rdQuarter2ndQuarter1stQuarterPROJECT SCHEDULE20262027Form Workshop Committee1stWorkshop 2ndWorkshop City CouncilPlan AdoptionCity-wide Engagement3rdWorkshopPublic commentCity-wide Engagement
NEXT STEPS PWC appoints representatives to the workshop committee (February/March2026)Mayor and other agencies appoint representative to workshop committee (February/March 2026)Complete formation of the workshop committee and prepare for first meeting (March 2026)Workshop meeting #1 (April-May 2026)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Contract Modification Agreement No. 2 with
Parametrix, Inc. for Design and Construction
Services for the E. 9th Street Stormwater
Improvements Project
COUNCIL MEETING Date: February 4, 2026
Department: PW & Utilities
Presenter: Katie Ketterer
Phone: (360) 473-5334
SUMMARY: Permitting for the project has been delayed due to the Federal government shut-down.
With funding needing to be expended by the end of 2026, staff negotiated a contract modification
with Parametrix for additional design and permitting services required to accommodate this delay.
The project is expected to go out for bid in March 2026 with construction started mid – late summer
2026. Additionally, this modification includes permitting, bid, and special construction inspection
services to be provided by the costal engineering and geotechnical engineering subconsultants
working on the project. The amendment amount is $71,302.14 bringing the contract total amount to
$918,659.60.
ATTACHMENTS: 1. Proposed Contract Modification and Scope of Work 2. Power Point
Presentation
FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the 2025 and 2026
Stormwater CIP by Federal ARPA funds. Fund 484 (Stormwater Capital); Budget Code 594.31328;
Account Code 56310 This change is within the budget for the project.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Contract Modification with Parametrix, Inc. for the E. 9th Stormwater
Improvements Project; and authorize the Mayor to finalize and execute the modification with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B2
Page 1 of 2
Contract Modification
Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 2
BETWEEN THE CITY OF BREMERTON AND PARAMETRIX INC.
PROJECT E. 9th Street Stormwater Improvements Project
CONSULTANT Parametrix Inc.
DATE 1/8/2026
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the
City of Bremerton and Parametrix Inc. on January 19, 2024 and as modified on October 7,
2025 (CM #1).
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I.Scope , is modified as follows:
See Amended Scope of Work attached as Exhibit A
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
December 31, 2027.
Section III. Compensation , is modified as follows:
The original contract amount was seven hundred fifty-four thousand seven hundred
twenty-three dollars and seventy-one cents ($ 754,723.71). The current contract amount,
including all previous amendments is eight hundred forty-seven thousand three hundred
fifty-seven dollars and forty-six cents ($ 847,357.46) The City shall pay the Consultant for the
additional work described above, based on time and materials, an amount not to exceed
seventy-one thousand three hundred two dollars and fourteen cents ($ 71,302.14) for a
total amended contract amount of nine hundred eighteen thousand six hundred fifty-nine
dollars and sixty cents ($ 918,659.60), including this Contract Modification.
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
Page 2 of 2
Contract Modification
Rev. 09/2021
profits. This Contract Modification does not limit the City’s right to bring a claim for past
performance.
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.
Public Works Director approved to process _________________________ (Initials and Date)
CONSULTANT THE CITY OF BREMERTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Attn: Brenna Tumbling Attn: City Clerk
Parametrix City of Bremerton.
1019 39th Avenue SE, STE 100 345 6th Street STE 100
Puyallup, WA 98374 Bremerton, WA 98337
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
Scope of Work
City of Bremerton 234-1896-196
East 9th Street Stormwater Improvements 1 January 2026
Amendment 02
City of Bremerton
East 9th Street Stormwater Improvements
Amendment 02
Introduction
During Parametrix’s design of the East 9th Street Stormwater Improvements, it has become
apparent that not all permits will be acquired prior to bid advertisement. As a result, the City of
Bremerton (City) directed Parametrix to include language in the project specifications, noting that
permits will not be acquired until after bidding. This amendment includes efforts to revise the project
specifications, as well as to add labor for coastal engineering and geotechnical engineering support
during bid advertisement and construction. The major elements of this Amendment include:
Additional budget to cover the 90% design overage after receiving a late second round of city
review comments and ripple effects of the resulting design changes on the plans,
specifications, and cost estimate.
Revising the project specifications such that permits will not be fully acquired by the time of
bid advertisement.
Additional scope and budget for subconsultants: Moffatt & Nichol and Geosyntec (formerly
Aspect Consulting).
Replenishing funds in the Management Reserve task.
A proposed schedule is included as Exhibit B. Amendment 02 adds budget to each task as shown in
the attached budget in Exhibit C.
This document does not modify the original scope of work from the contract. The following scope
items are added to each task:
Task 01 – Project Management
Subtask 01-01 – Project Management and Coordination
Activities
This subtask includes general management functions including the following:
Manage and direct the project technical team.
Additional coordination and project management time.
Deliverables
The following deliverables are associated with this subtask:
Routine correspondence and coordination.
Meeting agendas and notes.
Scope of Work
City of Bremerton 234-1896-196
East 9th Street Stormwater Improvements 2 January 2026
Amendment 02
Assumptions
Budget assumes 4 months’ extension to project duration.
Task 03 – Coastal Engineering
(NEW) Subtask 03-03 MN – Coastal Engineering Bid and
Construction Support (Moffatt & Nichol)
Objective
Provide coastal engineering support during ongoing permitting, as well as bid advertisement and
construction support.
Activities
Parametrix will contract with Moffatt & Nichol to provide coastal engineering support through
ongoing permitting, bid advertisement and construction.
A copy of the scope and fee estimate for Moffatt & Nichol is enclosed with this proposal.
Deliverables
The following deliverables by Moffatt & Nichol are associated with this subtask:
Field Reports (PDF).
Project Transmittals (electronic via email) including submittals and RFIs
Assumptions
Assumptions and exclusions are included in the proposal provided by Moffatt & Nichol.
Task 06 – Preliminary Design
(NEW) Subtask 06-03 AS – Geotechnical Engineering Design and
Construction Support (Geosyntec, formerly Aspect Consulting)
Objective
Provide geotechnical engineering design review and geotechnical construction support.
Activities
Parametrix will contract with Geosyntec (formerly Aspect Consulting) to provide geotechnical
engineering review and construction support.
A copy of the scope and fee estimate for Geosyntec is enclosed with this proposal.
Deliverables
The following deliverables by Geosyntec are associated with this subtask:
Written comments (via email and/or PDF markups) of 90% design.
Scope of Work
City of Bremerton 234-1896-196
East 9th Street Stormwater Improvements 3 January 2026
Amendment 02
Field reports following each field visit.
Assumptions
Assumptions and exclusions are included in the proposal provided by Geosyntec.
Task 07 – Final Design
Subtask 07-03 – Final Bid Set (100% PS&E)
Objective
Meet with the City and include language in project specifications noting that permits will not be
acquired before bid advertisement.
Activities
This subtask includes the following activities:
Attend a meeting with the City to discuss revisions to final bidding documents required
because not all permits will be obtained prior to bid advertisement.
Update final specifications accordingly.
Deliverables
The following deliverables are associated with this subtask:
Updated specifications incorporated into the Final Bid Set (100% PS&E) deliverables.
Assumptions
The following assumptions apply to this subtask:
Up to two Parametrix staff will attend a virtual meeting with the City. The meeting will be one
hour in duration.
Task 09 – Management Reserve
Subtask MR – Management Reserve
Amendment 02 replenishes funds in the Management Reserve task.
Scope of Work
City of Bremerton 234-1896-196
East 9th Street Stormwater Improvements 4 January 2026
Amendment 02
Exhibit B - Schedule
Work Element Completed By
Original Date in Contract (For
Reference)
Amendment 02 Notice
to Proceed
February 5, 2026 N/A
Final Bid Set Submittal
to City
February 27, 2026 June 6, 2025
Bidding April 17, 2026* January 2026
Construction February 2027* November 2026
Project Closeout April 2027* Not listed
Notes:
* This schedule is best-case scenario and completion dates may change depending on permitting review (i.e. additional
comments from agencies, etc.)
Brenna TumblingAustin FisherCooper OdegardJoseph AkadaCameron WoodcockJason CeraldeSteve WagnerJake LinkeMaxim TumanovKaren TagartJuliann MankeSr EngineerSr EngineerEngineer IIIEngineer IIIEngineer IVPlanner IVSr EngineerSr EngineerDesigner IIISr Project CoordinatorSr Project AccountantMultiplier:3.0443 Burdened Rates:$222.90 $397.56 $161.04 $140.83 $189.87 $161.23 $261.26 $260.10 $145.21 $113.07 $126.64
Task SubTask Description
Current Budget
(Original + MR#4 +
MR#5 + Budget
Shift+Amendment 1)
Total Billed to
Date as of
11/28/2025
Balance as of
11/28/2025
Amendment 2 Labor
Cost
Escalation
%*
Escalation
$*Labor Hours
New Budget Total
to Include
Amendment 2 Amended Balance
01 Project Management $54,342.10 $46,424.67 $7,917.43 $4,659.73 $186.39 32 $59,188.22 $12,763.55 8 0 0 0 0 0 0 0 0 12 12
01 Project Management and Coordination 54,342.10$ 46,424.67$ 7,917.43$ $4,659.73 4%$186.39 32 $59,188.22 $12,763.55 8 12 12
02 Survey $29,524.44 $25,797.89 $3,726.55 $0.00 0 $29,524.44 $3,726.55 0 0 0 0 0 0 0 0 0 0 0
01 Topographic Survey and Right-of-Way Determination 25,657.19$ 25,797.89$ (140.70)$ $0.00 0 25,657.19$ (140.70)$
02 Legal Descriptions and Exhibit 3,867.25$ -$ 3,867.25$ $0.00 0 3,867.25$ 3,867.25$
03 Coastal Engineering $7,237.32 $3,813.59 $3,423.73 $798.58 5 $8,035.90 $4,222.31 2 0 0 0 0 0 0 0 0 2 1
01 Coastal Engineering Assessment & Design Support (See below for sub costs)7,237.32$ 3,813.59$ 3,423.73$ $798.58 5 8,035.90$ 4,222.31$ 2 2 1
04 Environmental Studies and Permitting $38,111.64 $28,190.08 $9,921.56 $0.00 0 $38,111.64 $9,921.56 0 0 0 0 0 0 0 0 0 0 0
01
Environmental Studies, Permitting, & Design Support (See below for sub
costs)38,111.64$ 28,190.08$ 9,921.56$ $0.00 0 $38,111.64 $9,921.56
05 Alternatives Analysis $68,720.52 $68,720.52 $0.00 $0.00 0 $68,720.52 $0.00 0 0 0 0 0 0 0 0 0 0 0
01 Downstream Analysis of Perry Avenue System 8,311.87$ 8,311.87$ -$ $0.00 0 8,311.87$ -$
02 Outfall Alternatives Analysis 27,275.60$ 27,275.60$ -$ $0.00 0 27,275.60$ -$
03 Stormwater Treatment Alternatives Analysis 10,940.35$ 10,940.35$ -$ $0.00 0 10,940.35$ -$
04 Roadway and Sidewalk Improvement Evaluation 19,608.28$ 19,608.28$ -$ $0.00 0 19,608.28$ -$
05 Public Outreach Support 2,584.42$ 2,584.42$ -$ $0.00 0 2,584.42$ -$
06 Preliminary Design $44,890.10 $44,762.42 $127.68 $1,405.43 8 $46,295.53 $1,533.11 4 0 1 0 0 0 0 0 0 2 1
01 30% Plans and Estimate 41,725.12$ 41,721.04$ 4.08$ $0.00 0 41,725.12$ 4.08$
02 Geotechnical Investigation and Report (See below for sub costs)3,164.98$ 3,041.38$ 123.60$ $1,405.43 8 4,570.41$ 1,529.03$ 4 1 2 1
07 Final Design $364,622.09 $302,208.73 $62,413.36 $14,620.43 $646.25 80 $379,888.77 $77,680.04 10 4 26 20 20 0 0 0 0 0 0
01 60% Plans, Specifications, and Estimate (PS&E)118,999.62$ 118,975.69$ 23.93$ $0.00 0 $118,999.62 $23.93
02 90% Plans, Specifications, and Estimate (PS&E)101,942.91$ 111,892.85$ (9,949.94)$ $9,190.74 4%$367.63 56 $111,501.28 ($391.57)16 20 20
03 Final Bid Set (100% PS&E)66,467.61$ -$ 66,467.61$ $3,893.90 4%$155.76 16 $70,517.27 $70,517.27 6 4 6
04a Final Design for Roadway Cost Option 1 (60%, 90%, Bid Set)40,883.61$ 40,947.38$ (63.77)$ $0.00 4%$0.00 0 40,883.61$ (63.77)$
04b Final Design for Roadway Cost Option 2 (60%, 90%, Bid Set)30,375.93$ 30,392.81$ (16.88)$ $0.00 4%$0.00 0 30,375.93$ (16.88)$
05 Bidding Support 5,952.41$ -$ 5,952.41$ $1,535.79 8%$122.86 8 7,611.06$ 7,611.06$ 4 4
08 Services During Construction $24,295.52 $0.00 $24,295.52 $0.00 $0.00 0 $24,295.52 $24,295.52 0 0 0 0 0 0 0 0 0 0 0
01 Engineering Support During Construction 14,626.97$ -$ 14,626.97$ $0.00 8%$0.00 0 $14,626.97 $14,626.97
02 Design Modifications During Construction 9,668.55$ -$ 9,668.55$ $0.00 8%$0.00 0 9,668.55$ 9,668.55$
09 Management Reserve $25,790.02 $22,859.48 $2,930.54 $10,503.08 $840.25 56 $36,293.10 $14,273.86 24 0 32 0 0 0 0 0 0 0 0
MR Management Reserve 12,310.67$ 9,819.53$ 2,491.14$ $10,503.08 8%$840.25 56 22,813.75$ 13,834.46$ 24 32
SUR Additional Survey 5,144.35$ 4,582.45$ 561.90$ $0.00 $0.00 0 5,144.35$ 561.90$
MSA Marine Surveys & Assessments 8,335.00$ 8,457.50$ (122.50)$ $0.00 $0.00 0 8,335.00$ (122.50)$
Labor Totals:$657,533.75 $542,777.38 $114,756.37 $31,987.25 181 $690,353.64 $148,416.51 48 4 59 20 20 0 0 0 0 16 14
Escalation Amt (4% per cycle):$1,672.88
Totals:$657,533.75 $114,756.37 $33,660.14 $690,353.64 $148,416.51 $10,699.38 $1,590.22 $9,501.56 $2,816.59 $3,797.46 $0.00 $0.00 $0.00 $0.00 $1,809.04 $1,773.00
Subconsultants
Current Budget Total Billed as of
11/28/2025
Balance as of
11/28/2025
Amendment 2
Subconsultant
Budget
New Budget Upon
Approval of
Amendment 2
Amended Balance
Notes
Applied Professional Services Inc $2,080.00 $1,822.50 $257.50 $0.00 $2,080.00 257.50$
Moffatt & Nichol $84,658.71 $61,178.71 $23,480.00 $26,298.00 $110,956.71 49,778.00$ ** Subtask 03.01MN balance will be applied to new Subtask 03.02MN
Geosyntec (Previously Aspect Consulting)$42,017.00 $42,001.79 $15.21 $11,344.00 $53,361.00 11,359.21$ Amendment 2 Budget
Struck Environmental $58,900.00 $49,201.33 $9,698.67 $0.00 $58,900.00 9,698.67$ Completed Task
Subconsultants Total:$187,655.71 $154,204.33 $33,451.38 $37,642.00 $225,297.71 $71,093.38
QTY Other Direct Expenses
0 Mileage - 1600 total @ $0.70/mile -$ $0.00 -$
0 Survey Equipment ($200 per day) - Task 2.EXP.02 2,168.00$ 2,180.35$ ($12.35)-$ $2,168.00 (12.35)$
Printing - Public Outreach materials -$ $0.00 -$
$0.00 -$
Other Direct Expenses Total:$2,168.00 ($12.35)$0.00 $2,168.00 ($12.35)
Current Budget
Balance as of
11/28/2025 Amendment 2 New Budget Amended Balance
Amendment 2 Total $847,357.46 $148,195.40 $71,302.14 $917,819.35 $219,497.54
* Billing rates are updated on October 1 annually. Labor inflation of 4% is added for each escalation cycle.
EXHIBIT C - Budget Estimate
9th Street Stormwater Improvements (Amendment 2)
Page 1
600 University Street, Suite 610
Seattle, Washington 98101
(206) 622-0222
www.moffattnichol.com
January 8, 2026
Parametrix
60 Washington Avenue, Suite 390
Bremerton, WA 98337
Attn: Brenna Tumbling
Subject: E 9th Street Stormwater Improvements – Bid and Construction Support
Moffatt & Nichol (MN) appreciates the opportunity to provide a proposal for professional design services to
Parametrix for the E 9th Street Stormwater Improvements project. MN has previously provided engineering
design support for the development of the design for the stormwater outfall located in the E 9th Street Mini
Park including the design for beach fill, outfall scour protection pad, and slope protection rock. This proposal
describes our understanding of the scope of work (SOW), anticipated level of effort, and consultant fees
associated with providing ongoing permit support, bid support, and construction support services.
SCOPE OF WORK
Task 1: Ongoing Permit Support
MN will provide support solely to respond to additional questions or comments from regulatory agencies
(including, without limitation, United States Army Corps of Engineers, National Marine Fisheries Service,
etc.) that may arise from the permit resubmittal completed under the last phase of work. Services, if
triggered by receipt of such comments, may include: include teleconference meetings, email
communication, targeted revisions to construction documents, and brief tasks (i.e., obtaining more detail
on areas, quantities, construction methods, and/or Best Management Practices).
Services under this item will be performed only if additional comments are received after the last resubmittal.
No services will be provided under this item absent such comments.
Task 2: Bid Support
MN will assist Parametrix with bid support. MN will participate in a pre-bid meeting and site walk for
interested bidders. During the bidding phase, MN will assist Parametrix with responses to technical queries
related to the project and specifications.
Task 3: Construction Support
MN will provide Construction Support Services to assist Parametrix including construction meetings,
construction submittal review, request for information (RFI) review, and construction observations as
requested. An allowance to participate in up to four (4) weekly construction meetings is included. MN will
review submittals pertaining to scope covered under Task 1. An allowance for two (2) submittal reviews
including two rounds of review each, is included. MN will assist in responding to RFIs related to beach fill,
outfall scour protection pad, and slope protection rock procurement and placement. An allowance for two
(2) RFI responses is included. MN will also be available for construction observations for the placement of
slope protection rock, beach fill placement, etc. as requested. An allowance for two (2) days of construction
observation is included.
Page 2
Parametrix
January 8, 2026
Task 3 Deliverables
Field Reports (PDF)
Project Transmittals (electronic via email) including submittals and RFIs
Task 4: Project Management
MN will provide the required level of contracting, oversight, accounting, invoicing, and clerical support to
manage the Project. Project management will include but not be limited to: MN team coordination, meeting
scheduling and coordination as needed, progress communications at regular intervals during the design
process, change management, and scheduling support throughout the duration of the defined tasks above.
Quality Assurance and Quality Control have been scheduled and included in each of the scope tasks and
all work products produced by M&N.
Task 5 Deliverables
Invoices will be submitted monthly for the duration of this scope of work.
ASSUMPTIONS
We assume that the configuration of the project improvements will include the removal of the
existing non-engineered revetment, installation of a new outfall dissipation structure, outfall scour
protection pad, beach fill, and slope protection for the adjacent bulkheads.
Up to two virtual meetings, each 1 hour in duration, to discuss permitting documentation or agency
coordination.
Up to two rounds of revisions to construction documents in response to regulatory agency review.
The provided rates are valid for six months from the submittal of this SOW. Rates may be adjusted
annually over the course of the project.
Up to two site visits during construction.
Up to one bid addendum.
Up to two submittal reviews with two review cycles each.
Project closeout services and records creation are not included in this scope.
This scope does not include any cost estimating services.
Permit support will include up to two (2) discrete sets of comments originating from different
agencies. If the number of comment sets exceeds this assumption, or if any agency requires
substantial new analysis beyond brief clarifications and minor revisions, such effort will be
considered out of scope and will require prior written authorization.
Page 3
Parametrix
January 8, 2026
FEE
The fee is based on 2025 rates which are subject to update on an annual basis. The work will be conducted
on a Time and Materials Basis, with a Not to Exceed fee without prior written authorization from Parametrix.
Project Task Budget
Task 1: Ongoing Permit Support $5,523
Task 2: Bid Support $4,515
Task 3: Construction Support $12,054
Task 4: Project Management $3,990
Other Direct Costs $216
Total Fee $26,298
SCHEDULE
The schedule presently assumes that the City of Bremerton (COB) desires to publicly advertise the project
in March 2026. Permit and bid support will commence upon receiving the NTP or as directed by the COB.
Construction support service will begin following selection of a Contractor by COB and with construction to
be completed by December 2026.
CLOSING
We look forward to continuing our work with you on this project for the COB. If you have any questions
regarding this proposal, feel free to contact Kyle Landon (253-237-5933 or klandon@moffattnichol.com) or
John Dickey (206-501-2333 or jdickey@moffattnichol.com).
Sincerely,
MOFFATT & NICHOL
Kyle Landon, PE John Dickey, PE
Project Manager Coastal Engineer/Task Lead
Attachment A
Project Fee Proposal
Project Number:10%
Project Manager:10%
Project Director:
I. STAFF-HOUR BUDGET LABOR CLASSIFICATIONS & CONTRACT RATES
P-9, P-8 P-7 P-6 P-5 P-4 P-3 P-1, P-2 T-4 T-4 T-3 T-2, T-1 A-4 A-4, A-3 A-1, A-2 STAFF-HOUR LABOR COST
Phase Task $378.00 $357.00 $309.75 $278.25 $252.00 $204.75 $183.75 $262.50 $199.50 $178.50 $157.50 $183.75 $162.75 $131.25 SUBTOTALS SUBTOTALS
1 Ongoing Permit Support 1.0 4.0 16.0 21.0 $5,523.00
2 Bid Support 1.0 4.0 12.0 17.0 $4,515.00
3 Construction Support 2.0 8.0 36.0 46.0 $12,054.00
4 Project Management 2.0 8.0 4.0 14.0 $3,990.00
I. TOTAL STAFF HOURS 6.0 24.0 68.0 98.0
II. M&N LABOR COST $2,268.00 $6,678.00 $17,136.00 $26,082.00
III. SUBCONSULTANT COSTS Cost Markup Cost Subtotal Cost Markup Cost Subtotal
1 N/A
2 N/A
3 N/A
4 $216.00 N/A $216.00
5 V. PROJECT SUMMARY
6 Total M&N Labor Cost $26,082
7 Total Subconsultant Cost:
8 N/A Total Other Direct Costs: $216
9 Other:N/A Mark-up on Subconsultants:
10 Other:Mark-up on ODCs:
Subconsultants Totals:$216.00 $216.00 Total Project Estimate $26,298
Moffatt & Nichol Fee Proposal Detail
Principal
Eng./Sci
Supervisory
Eng./Sci Senior Eng./Sci Eng./Sci III Eng./Sci II Eng./Sci I
Word
Processor General ClericalStaff Eng. Sr Tech 4
IV. OTHER DIRECT COSTS
Airfare
Lodging
8/Jan/2026
Subconsultant Markup:
Other Direct Costs Markup:
Designer CADD II CADD I
Project
Controls
I&R/Diving Equipment
Other Direct Costs Totals:
Meals
Mileage/Rental Car
Outside Reproduction
Postage/Delivery
Telephone/Fax
Misc Costs
Page 1
January 8, 2026
Brenna Tumbling, P.E.
Parametrix, Inc.
1019 39th Avenue SE
Puyallup, Washington 98374
Re: Geotechnical Engineering Design and Construction Support
East 9th Street Stormwater Improvements
Bremerton, Washington
Project No. NWG0228
Dear Ms. Tumbling:
Geosyntec Consultants, Inc. (Geosyntec; formerly Aspect Consulting) thanks you for the
opportunity to provide this proposed scope of work and fee estimate for design review and
geotechnical construction support for the East 9th Street Stormwater Improvements (Project) located
along Shore Drive, Perry Avenue, and East 9th Street in the lower Manette neighborhood in
Bremerton, Washington (Site). In preparation of this proposal, we discussed the Project with you,
briefly considered the 90% design plans, and reviewed our previous Geotechnical Engineering
Report 1.
Herein we provide our understanding, proposed approach and scope of work, cost estimate, and
schedule for the next phase of work for your consideration.
Project Understanding
The Project includes increasing stormwater capacity at the Site by replacing the conveyance system
along Shore Drive between East 11th Street and the Easth 9th Street Mini Park, as well as along East
10th Street from Shore Drive to Perry Avenue, and by diverting flow from Shore Drive and Perry
Avenue to an upsized and improved outfall at the East 9th Street Mini Park. Based on our previous
geotechnical report and 60% plan review, new conveyance pipelines along Shore Drive and East
10th Street are expected at depths ranging from 2 to 8 feet below the ground surface (bgs), and
below-grade maintenance structures are anticipated at maximum depths of 12 feet bgs. The new
outfall will require shoreline improvements and modifications including removing existing concrete
rubble and constructing new shoreline protection.
Proposed Scope of Work
As detailed below, our proposed scope of work includes providing input regarding the 90% design
and associated discussions with the design team and performing geotechnical observation of
requested construction elements, as requested by Parametrix and/or the City of Bremerton (City), in
accordance with our geotechnical report1.
1 Aspect Consulting. 2025. Geotechnical Engineering Report: East 9th Street Stormwater Improvements. Prepared
for: Parametrix, Inc. and the City of Bremerton. Project No. 230371. June 19.
Parametrix, Inc. – East 9th Street Stormwater Improvements
January 8, 2026 Project No. NWG0228
Page 2
Phase 1 – 90% Design Review
We will review an updated “pre-submittal” version of the 90% designs provided by Parametrix and
provide written comments (via email and/or PDF markups) with respect to previous geotechnical
recommendations outlined in our 2025 Geotechnical Engineer Report, as well as any other
geotechnical-related observations or recommendations for new or updated design elements that
have evolved since our previous review. We will also review and provide recommendations for
protection of the existing bulkhead/retaining structures to remain adjacent to the East 9th Street Mini
Park. We have also budgeted for an initial 1-hour kickoff meeting for two Geosyntec staff with
Parametrix to discuss recent Project changes.
Phase 2 – Geotechnical Construction Observation
During construction, we will conduct as-needed site visits to observe and document the various
geotechnical elements of construction, including:
• Observing subgrade preparation and/or reviewing structural fill material prior to placement
for outfall base (as requested);
• Observing placement and compaction of pipe bedding material and other structural fill
including backfill and review of compaction density testing reports by others (as applicable)
at the new outfall location; and
• Collaborating with the design and construction teams to resolve geotechnical issues that
may arise during construction.
Following each field visit, we will complete and provide a senior-reviewed field report
documenting our notes, observations, issues encountered, and/or recommendations.
Assumptions
• All site visits will be performed on request by the City and/or Parametrix only.
• We estimate that each site visit will require an average of up to 6 hours of field staff time,
including travel to and from the site, and field reporting for each site visit.
• We currently assume up to 2 site visits will be required. If additional visits are required, a
contract change may be required.
• Materials testing, including compaction density testing, will be contracted to others and we
will have the opportunity to review test results and provide input on testing locations and
frequency.
• Monitoring points for key infrastructure may require survey points, which will be
completed by others.
• No formal deliverables are required, with the exception of the field reports described above.
Cost Estimate
We propose to complete this scope of work on a time-and-materials basis in accordance with the
attached Schedule of Charges with an anticipated maximum budget of $11,344, not to exceed
without prior authorization. A breakdown of our budget estimate on a per-task basis is shown
below.
Parametrix, Inc. – East 9th Street Stormwater Improvements
January 8, 2026 Project No. NWG0228
Page 3
Phase Title Labor
Direct
Costs Total
Phase 1 - 90% Design Review $5,423 $5,423
Phase 2 - Geotechnical Construction Observation $5,701 $220 $5,921
Total Project Budget $11,124 $220 $11,344
Schedule
We understand Parametrix anticipates Notice to Proceed (NTP) by approximately February 5, 2026,
upon which Parametrix will subsequently authorize this scope of work. We will complete Task 1
and provide written comments to Parametrix within 7 full working days after we receive formal
NTP and the pre-submittal review plan set from Parametrix. We will be prepared to have staff
members available to conduct the geotechnical observations when the construction phase begins.
Parametrix currently aims to bid the project in late spring and complete construction (total
estimated duration of 140 days) within the 2026 in-water window (July and August). We anticipate
that Parametrix will remain in close communication and will provide advance notice prior to the
initiation of construction.
Closure
Our scope of services will be billed on a time-and-materials basis and performed in accordance with
the terms and conditions of our forthcoming mutually agreed-upon subconsultant agreement. We
will notify you and obtain your authorization if additional effort above and beyond the estimated
scope of this work is required. We will use a Contract Change Form to request your authorization
for any changes to this scope of services. This cost proposal is valid for 90 days unless extended in
writing by Geosyntec.
In closing, we again thank you for the opportunity to prepare this proposal. Please contact the
undersigned if you have any questions or to discuss any changes to our proposed scope of work.
Sincerely,
Annaliese Miller, LG
Senior Geologist
Annaliese.Miller@geosyntec.com
Andrew J. Holmson, PE
Principal Geotechnical Engineer
Andy.Holmson@geosyntec.com
Attachments: 2026 Schedule of Charges
PMP and Labor Budget
O:\Portland_Projects\230000_Projects\230371_East 9th Street Stormwater\Contracts\2026 Design Review and Construction Oversight\ProposalSOW_20260108
_NWG0228_E 9th St Design Review and Construction Monitoring.docx
CONFIDENTIAL
NW Operation US 2026 RATE B-C
GEOSYNTEC CONSULTANTS
2026 U.S. RATE SCHEDULE
Rate/Hour
Staff Professional $170
Senior Staff Professional $195
Professional $225
Project Professional $255
Senior Professional $290
Principal
Senior Principal
$320
$345
Technician I $98
Technician II $108
Senior Technician I $115
Senior Technician II $125
Site Manager I $140
Site Manager II $155
Construction Manager I $165
Construction Manager II $178
Senior Designer $220
Designer $185
Senior Drafter/Senior CADD Operator $175
Drafter/CADD Operator/Artist
Senior Technical Editor
Technical Editor
Senior Project Analyst
Project Analyst
$155
$178
$158
$158
$132
Project Administrator $103
Clerical $ 80
Direct Expenses Cost plus 15%
Subcontract Services Cost plus 15%
Specialized Computer Applications (per hour) $15
Personal Automobile (per mile) Current Gov’t Rate
Photocopies (per page) $.09
Rates are provided on a confidential basis and are client and project specific.
Unless otherwise agreed, rates will be adjusted annually based on a minimum of the BLS reported change in
the average hourly earnings of all employees, engineering and drafting services.
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.
Construction management fee presented upon request.
Project Management Plan
Job Number:NWG0228 Date Authorized:2/20/2026 (estimated)
Project Manager:Annaliese Miller Budget:11,344$
Direct Expenses Markup Target Completion Date:10/31/2026 (estimated)
Subcontract Services Markup Rate Schedule 2026 NW B/C
Technology/Communications Fee
MILLER,
ANNALIESE
HOLMSON,
ANDY BUSH, CHELSEA
LEAHY,
JENNIFER
Senior
Professional Principal Professional
Project
Administrator
$ 290.00 $ 320.00 $ 225.00 $ 103.00
01 Phase 1 - 90% Design Review 8.5 4 7 1 5,423$
02 Phase 2 - Geotechnical Construction Observation 4 3 15 2 5,701$ 220$
Subtotals 13 7 22 3 11,124$ 220$
Total 11,344$
Direct Expenses
East 9th Street Geotechnical Engineering Design and Construction Support
Labor Budget Basis in Hours
Phase Total Labor BudgetWork Element
15%
Geosyntec Consultants, Inc.
Page 1 of 1
\\FS-US-ASP-SEA\Projects\Projects_PDX\Portland_Projects\230000_Projects\230371_East 9th Street Stormwater\Contracts\2026 Design Review and Construction Oversight\E 9th St Design Review and Construction Observation PMP_AM_rev 251222_260107_roll
E 9thStormwater Improvements1Project addresses two undersized and failing outfalls and provides stormwater improvements on Shore Drive, and 10th Street. Includes reconstruction of the existing outfall and mini-park on the west side of E. 9thStreet, stormwater treatment vaults and beach mitigation work at the park and at Smith Cove.https://www.bremertonwa.gov/1331/East-9th-Steet-Stormwater-Improvements
2Parametrix Contract Modification$754,723.71Included an alternatives analysis for outfall typeOriginal Contract$ 92,633.75Additional design from City directed changes and additional permitting analysis required from NMFSModification # 1$ 71,302.14Additional permitting support and construction support from Geotech and Costal EngineerModification # 2$918,659.60New Contract TotalE 9thStormwater ImprovementsBudget for the design and construction of the project is $4.3 million and is funded by ARPA funds.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Approve Easement Acquisition for Sewage
Pump Station EB-10 for the Tracyton Beach
Road Sewer Improvements Project
COUNCIL MEETING Date: February 4, 2026
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: This project will remedy an ongoing and challenging maintenance and environmental
contamination concern for the sewer along Tracyton Beach Road in East Bremerton by converting
the existing gravity/pressure sewer to a new pressurized system. Two pump stations are required.
One of the proposed pump stations will be located at 2806 Tracyton Beach Road NW.
Staff have negotiated the terms and cost of the easement with the owner of the property with
assistance from Kitsap County real estate staff. The terms include abandonment of the existing
septic system, connection to the new sewer system, and cash for the estimated worth of the
easement as determined by Kitsap County, and the final cost negotiated by the City, which was
$21,760. Details are contained in the attached easement document and exhibits.
ATTACHMENTS: 1. Location Map; 2. Easement; 3. Valuation 4. Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): The project is identified in the 2025-2030 Capital
Improvement Program as CIP Project ID# WW00036 for $5.0M. This project is currently approved for
a low interest State Revolving Fund loan (Agreement No. WQC-2023-BremPW-00148) through the
Department of Ecology for $5.008M. The proposed easement will cost $21,760.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve acquisition of an easement for Sewage Pump Station EB-10; and authorize the
Mayor to sign the easement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B3
AFTER RECORDING MAIL TO:
David Powell
City of Bremerton
345 6th Street, Suite 100
Bremerton WA 98337-1891
SEWER UTILITY EASEMENT
(Tracyton Beach Sewer Improvement)
GRANTOR(S): Joy L. Beckley, as Their Separate Estate
GRANTEE(S): City of Bremerton, a Municipal Corporation of the State of
Washington
ABBREVIATED Portion of the SE ¼ of the SE ¼, Section 03, Township 24,
LEGAL: Range 1 East, W.M., Kitsap County, State of Washington.
PARCEL NO. 112401-2-012-2006
The Grantor(s), Joy L. Beckley, as Their Separate Estate , for and in consideration
of twenty one thousand seven hundred sixty dollars ($21,760.00) and Other Valuable
Considerations in hand paid, grants and conveys to the City of Bremerton, a Municipal
Corporation of the State of Washington, and its assigns, a perpetual Sewer Utility
Easement for the purpose of installing, maintaining, repairing, and upgrading the sanitary
sewer facility and all appurtenances thereto, over, under, upon, and across the hereinafter
the following lands, legally described as follows:
Described in Exhibit A and Depicted in Exhibit B
Attached Hereto and by this Reference Made a Part Thereof.
It is understood and agreed that delivery of this deed is hereby tendered and that the
terms and obligations hereof shall not become binding upon the City of Bremerton unless
and until accepted and approved hereon in writing for the City of Bremerton, by its
authorized agent.
Dated this day of , 20 .
Accepted and Approved
City of Bremerton
Owner By:
Authorized Signature
Date:
STATE OF WASHINGTON
} ss Assessor’s Tax No. 112401-2-012-2006
COUNTY OF KITSAP
On this day personally appeared before me _____________________
to me known to be the individual described in and who executed the within and foregoing
instrument and acknowledged that signed the same as free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 20 .
Notary Public in and for the State of Washington
Residing at:
My Commission Expires:
112401-2-012-2006-PERM.DOCX
P S O M A S
EXHIBIT A
PARCEL NO. 112401-2-012-2006
PERMANENT EASEMENT
ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL “A” LYING BETWEEN THE
NORTHEASTERLY MARGIN OF TRACYTON BEACH ROAD NORTHWEST AND A LINE DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL “A”;
THENCE SOUTH 01°09’30” WEST, ALONG THE WEST LINE THEREOF, 140.88 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE NORTH 46°30’40” EAST, 12.62 FEET;
THENCE SOUTH 42°53’38” EAST, 52.21 FEET;
THENCE SOUTH 82°11’38” EAST, 40.55 FEET;
THENCE SOUTH 71°55’52” EAST, 19.34 FEET, TO THE EAST LINE OF SAID PARCEL “A” AND THE TERMINUS
OF SAID DESCRIBED LINE.
CONTAINING 2,176 SQUARE FEET, MORE OR LESS.
PARCEL “A”:
(PER KITSAP COUNTY ASSESSOR)
THAT PORTION OF GOVERNMENT LOT 1, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 647.58 FEET SOUTH AND 727.48 FEET WEST OF THE NORTHEAST CORNER OF
SAID GOVERNMENT LOT 1; THENCE SOUTH 89°41'35" EAST PARALLEL TO THE NORTH LINE OF SAID
SECTION A DISTANCE OF 215.02 FEET; THENCE SOUTH 0°00'36" EAST PARALLEL TO THE EAST LINE OF
SAID GOVERNMENT LOT 1, A DISTANCE OF 531.00 FEET; THENCE NORTH 89°41'35" WEST 70 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°41'35" WEST 145.02 FEET;
THENCE SOUTH 0°00'36" EAST 304.14 FEET TO THE MEANDER LINE; THENCE SOUTH 39°30' EAST ALONG
THE MEANDER LINE 35.89 FEET; THENCE NORTH 18°52'08" EAST 132.34 FEET, MORE OR LESS, TO THE
NORTH MARGIN OF THE COUNTY ROAD; THENCE NORTH 53°58' EAST 46.12 FEET; THENCE ON A CURVE
TO THE LEFT HAVING A RADIUS OF 80.70 FEET ON AN ARC A DISTANCE OF 43.35 FEET; THENCE NORTH
22°17'50" EAST 51.34 FEET; THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 76.39 FEET, AN ARC
DISTANCE OF 41.84 FEET; THENCE NORTH 9°30' WEST 55.74 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT COUNTY ROAD. 08/29/2025
N.T.S.
\
\
DATE: 8/29/2025
PSOMAS
GOV'T LOT 1, NW 1/4 SEC. 11, T. 24 N., R. 1 E., W.M.
POB
I I I
/
I I
I I \ I I I I I I
I /
I I
I I
I I
I I I I
I
I I
I
\ I I I
R=80.70', L=1.59'
FILE: 112401-2-012-2006-PERM.DWG
EXHIBIT B
PARCEL 112401-2-012-2006
PERMANENT EASEMENT
TRACYTON BEACH RD NW432100NOREVISIONDATE25mmBYSCALES1"CHECKEDDESIGNEDDRAWN0SHEETSCALEDEFGHABCIF THIS BAR IS NOTDIMENSION SHOWN,ADJUST SCALESACCORDINGLY.DATEOFJOB NOTRACYTON BEACH RD SEWER IMPROVEMENTSBREMERTON, WASHINGTONCITY OF BREMERTON2397006.01MAY 2025---NOT FOR CONSTRUCTIONTHIS DOCUMENT IS AN INTERIM DOCUMENT AND NOT SUITABLE FORCONSTRUCTION. AS AN INTERIM DOCUMENT, IT MAY CONTAIN DATA THATIS POTENTIALLY INACCURATE OR INCOMPLETE AND IS NOT TO BE RELIEDUPON WITHOUT THE EXPRESS WRITTEN CONSENT OF THE PREPARER.PRELIMINARY DESIGN PHASE__% SUBMITTALUser: SWATI MAURYA Plot Date: 5/29/2025 10:59 AM
SHEET KEYNOTESGENERAL SHEET NOTESKEY PLANLIFT STATION EB-10 SITE PLANC-1031" = 5'SMAENWpw:\\kjce-pw.bentley.com:kjce-pw\Documents\Clients\Bremerton, City of WA\Projects\Bremerton-Tracyton Beach Rd Sewer Improvements_2397006.01\10-Design\10.06-Drawings\Civil\2397006.01-C-103
THIS PRELIMINARYDOCUMENT IS NOT FORCONSTRUCTION. IT ISRELEASED UNDER THEAUTHORITY OF:MONTH YEAR01"=5'510ELECTRICAL EQUIPMENT PAD 8' x 8'Includes meter, control panels, ATS, VFDs.GENERATOR 8.5' x 3' Natural Gas DimensionsPAD 11.5' x 6'ADDRESS POSTEXISTING ELECTRICAL/COMMUNICATIONS POLEPOLE INVENTORY #: A1531620TRANSFORMER: A66823ID NUMBERS: 621982, 155239HOT BOXVALVE VAULT 14' x 8.5' IDincludes valves, bypass port, flowmeter, odor control fan andtreatment systemWETWELL 7' ID4'-0"WATER SERVICE &METER WET WELL AND VALVEVAULT RIM EL: 23.0' PAD FINISHED GRADE EL: 23.0'8" SS48" MH4" SS FORCE MAIN4'-0"APPROXIMATE EASEMENT LIMITS2,050 sqftGENERAL DESIGN CONSIDERATIONS: 1. EXISTING PROPERTY POWER PASSES OVERVALVE VAULT, BUT NOT OVER WET WELL. 3. SITED TO REDUCE GRADING AND RETAININGWALL LIMITS.RETAINING WALL 3' high2806 TRACYTON BEACH ROAD12'-0"15'-0"12' OFFSET FORFUTURE GUARDRAIL15' OFFSET FROM EDGE OFEXISTING PAVEMENT FORFUTURE ROAD EXPANSION4'-0"GRAVEL PARKING AREAEXISTING RIGHTOF WAYTAX PARCEL #112401-2-012-2006RELOCATEDELECTRICAL/COMMUNICATIONS POLE
January 28, 2026 –Bremerton City Council Study Session
Tracyton Beach Road Sewer Improvements
Sewage Pump Station EB-10 Easement
Background
Sewage main was constructed in 1991
Approximately 3,000 lf 8-inch DIP
Serves 250 low density residential properties
Some portions of the pipeline have negative slope (does not drain
by gravity), resulting in plugging and septic conditions
City crews manually clean the pipe weekly
Estimated annual maintenance cost: $55,000
Proposed Project
Install two new pump stations
Install approximately 900 lf of gravity sewer
Slip-line 3,000 lf of existing pipe with new sewer force main
Cost: Approximately $5M
Funded by CWSRF low interest loan
Current Status
Engineering design is 30% complete
Negotiating purchase of easements for the two pump stations
EB-10 pump station at 2806 Tracyton Beach Road NW (subject of today’s Agenda Bill)
EB-11 pump station easement at the north end of the project
Anticipated start of construction in early 2027
Project
Location Map
EB-10 Pump Station
2806 Tracyton Beach
Road
EB-11 Pump Station
Lions Field
Existing
EB-10 Site
Rendering
Existing Proposed
EB-10 Site
Rendering
EB-10 Easement Valuation
City Council approval required to obtain any easement over
$10,000 per BMC 2.78.010(e)
Kitsap County Real Estate Services staff was consulted for
determining easement value
Easement total value = $38,771 -$47,971
-Monetary Compensation = $21,760
-Waive Sewer Hookup Fee ($8,411)
-Abandonment of existing septic system ($8,600 -$12,800)
Includes permanent easement, and temporary construction
easement
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Drinking W ater State Revolving Fund Loan
Contract with WA State Department of
Health for the Manganese Treatment
Facilities (Eastside) Project
COUNCIL MEETING Date: February 4, 2026
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 473-5268
SUMMARY: The City’s Eastside Wells 13 and 14 have manganese levels exceeding the
Environmental Protection Agency’s Secondary Maximum Contaminant Level requirements. Through
extensive testing and analysis, the City determined a new filtration facility and pumping station were
needed. The City hired CONSOR in February 2025 to design the new facilities. Also in February
2025, the City applied for and received a Department of Health (DOH) Drinking Water State
Revolving Fund (DWSRF) low interest loan for $7.59M at a 1.75% interest rate to fund the design
and construction. Council approval is required per RCW 39.34 to accept the loan contract, and the
Mayor is the authorized signatory.
ATTACHMENTS: 1. Loan Contract DWL 31532-0; 2. Location Map
FISCAL IMPACTS (Include Budgeted Amount): The design and construction of this project is
funded in the approved 6-year Water CIP and is identified as Project WT00054.2 titled Manganese
Treatment Facilities – Eastside and PS#16 (Retrofit/Rebuild) for $6,500,000. The DWSRF loan will
fund the project. Fund 404 (Water Capital); Budget Code 594.34324; Account 56310
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Loan Contract DWL31532-0 from the Washington State Department of Health; and
authorize the Mayor to execute the loan contract with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B4
11/06/2025
City of Bremerton
Greg Wheeler, Mayor
345 6TH ST STE 100 BREMERTON
WA 98337
Greg.Wheeler@ci.bremerton.wa.us
RE: Loan Contract Number: DWL31532-0
Dear Mayor Wheeler;
Enclosed is the Drinking Water State Revolving Fund Loan Contract Number identified above for your signature. The
Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's
Scope of Work as a formal attachment. Failure to return the contracts within 60 calendar days of the date of this letter may
result in your loan offer being withdrawn.
Review, print, and sign the document. Once signatures are obtained, please scan and return by email to your DOH
contracts representative or print and sign a hard copy, and return the originals to us for full execution.
Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of
Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both
state and federal requirements.
A non-refundable one-percent loan administration fee will be collected at contract execution (If applicable), including any
subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to
cover the one-percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please
review the terms and conditions of the Loan Contract and all attachments carefully for details.
A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your
registration in the System for Award Management at www.sam.gov.
Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not
suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors,
subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at
www.sam.gov. Failure to provide this required certification may result in termination of your loan contract.
After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned
to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as
well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred
within the contract period of performance, and which have supporting documentation such as receipts or bills.
We are looking forward to working with you over the course of this project. If you have any questions about this Loan
Contract, please contact me.
Sincerely,
Eloise Rudolph
DOH Contract Manager
360-236-3124
Eloise.Rudolph@DOH.WA.GOV
Enclosures:
ATTACHMENT I: SCOPE OF WORK (PROJECT)
ATTACHMENT II: ATTORNEY'S CERTIFICATION
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Version History
Date Revision(s) Version
05-15-2018 Original - developed via a team of the
DWSRF Grant and Loan Unit
Supervisor, the DOH Office of
Drinking Water Finance Director, the
DOH Office of Contracts and
Procurement Technical and Policy
Advisor, and DOH’s Financial Services
Assistant Attorney General.
1
09-15-2025 DOH’s Office of Drinking Water
worked with AHD Assistant Attorney
General to modify template and
incorporate up-to-date provisions for
public works projects performed in
the State of Washington.
2
Washington State Department of Health
DWSRF Municipal
Loan Boilerplate
September 2025
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 1 of 42 DWSRF Loan Contract (Municipal) v1
1.CONTRACT FACE SHEET
#2024-4320 Loan Number: DWL31532-0
Washington State Department of Health (DOH)
Drinking Water State Revolving Fund (DWSRF)
Municipal
1.Borrower 2.Borrower Doing Business As (optional)
City of Bremerton
345 6TH ST STE 100
Bremerton WA 98337
3.Borrower Type
Construction Loan
4.Borrower’s Statutory Authority
5. Borrower Contract Manager Information 6. DOH Contract Manager
Greg Wheeler,
Mayor Greg.Wheeler@ci.bremerton
. wa.us
Eloise Rudolph
P.O. Box 47822
Olympia, WA 98504-7822
360-236-3124
Eloise.Rudolph@doh.wa.gov
7.Project Name: Manganese Treatment Facility
8.Loan 9. Funding Source 10.Start Date 11. End Date
Amount: $7,594,445.00
Loan Fee: N/A
Interest Rate: 1.75%
Federal: State:
Other:
Date of Last Signature 10/01/2049
12. Federal Funding Agency Environmental Protection Agency
Catalogue of Federal Assistance (CFDA) Number 66.468
13.Borrower Tax ID #
91-6001231
14.SWV #
0000221-00
15.Borrower UBI #
181-002-539
16.Borrower UEI#
HV84RG6NYNG4
17. Contract Purpose
DOH and the party identified above as Borrower (BORROWER), have entered into this loan agreement
(CONTRACT) to fund the project identified above and further described in Attachment I (Scope of Work)
(PROJECT) that furthers the goals and objectives of the DOH DWSRF Program (PROGRAM). The Project will be
done by the BORROWER as described in the Attachment I (Scope of Work) and this Contract. The rights and
obligations of the parties are governed by this Contract and the following documents are incorporated by reference:
(1)General Terms and Conditions including Declarations; (2) Attachment I–Scope of Work; (3) Attachment II–
Attorney's Certification; (4) Attachment III–Federal and State Requirements; (5) Attachment IV–Disadvantaged
Business Enterprise Requirements; (6) Attachment V–Certification Regarding Debarment, Suspension, and Other
Responsibility Matters; (7) Attachment VI–DWSRF Eligible Project Costs; and (8) Attachment VII–Labor Standard
Provisions for Subrecipients that are Governmental Entities. By signing below, the parties acknowledge and accept
the terms of this Contract.
AUTHORIZED REPRESESENTATIVE OF
BORROWER
AUTHORIZED REPRESENTATIVE OF DOH
Signature
Print Name
Title
Date
Signature
Print Name
Title
Date
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 2 of 42 DWSRF Loan Contract (Municipal) v1
TEMPLATE APPROVED AS TO FORM ONLY
Lisa Koperski, AAG Signature on File
Sept. 16, 2025
Date
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 3 of 42 DWSRF Loan Contract (Municipal) v1
2.TABLE OF CONTENTS
1.CONTRACT FACE SHEET
2.TABLE OF CONTENTS
3.DECLARATIONS
3.1. BORROWER INFORMATION
3.2. PROJECT INFORMATION (PROJECT)
3.3. CONTRACT COMMUNICATION
3.4. LOAN INFORMATION
3.5. FUNDING INFORMATION
3.6. SPECIAL TERMS AND CONDITIONS
4.GENERAL TERMS AND CONDITIONS
4.1. AUTHORITY
4.2. FULL AGREEMENT
4.3. ORDER OF PRECEDENCE
4.4. LOAN AMOUNT
4.5. LOAN FEE
4.6. LOAN TERM
4.7. INTEREST RATE
4.8. LOAN FORGIVENESS
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
4.10. TIME OF PERFORMANCE
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
4.12. LOAN PAYMENTS
4.13. DEDICATED ACCOUNT FOR LOAN PAYMENTS
4.14. LOAN DEFAULT
4.15. LOAN SECURITY
4.16. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS AND WAIVERS
4.17. BUILD AMERICA BUY AMERICA
4.18. ATTORNEY’S FEES
4.19. PROHIBITION AGAINST PAYMENT OF BONUS AND COMMISSIONS
4.20. COMPLIANCE
4.21. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
4.22. DISPUTES
4.23. ELIGIBLE PROJECT COSTS
4.24. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
4.25. FINANCIAL AUDIT
4.26. FRAUD AND OTHER LOSS REPORTING
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 4 of 42 DWSRF Loan Contract (Municipal) v1
4.27. GOVERNING LAW AND VENUE
4.28. HISTORICAL AND CULTURAL REQUIREMENTS
4.29. INDEMNIFICATION
4.30. INDEPENDENT CAPACITY OF THE BORROWER
4.31. INTERNAL CONTROLS
4.32. INSURANCE COVERAGE REQUIREMENTS
4.33. INDUSTRIAL INSURANCE COVERAGE
4.34. LAWS
4.35. LICENSING, ACCREDITATION, AND REGISTRATION
4.36. LITIGATION
4.37. NONCOMPLIANCE with NONDISCRIMINATION laws
4.38 PAY EQUITY
4.39. POLITICAL ACTIVITES
4.40. PREVAILING WAGE
4.41. PROCUREMENT
4.42. PROHIBITION STATEMENT
4.43. PROJECT SIGNS
4.44. PUBLIC RECORDS ACT
4.45. PUBLICITY
4.46. RATES AND RESERVES
4.47. RECAPTURE
4.48. RECORDKEEPING AND ACCESS TO RECORDS
4.49. REDUCTION IN FUNDS
4.50. REGISTRATION
4.51. RIGHT OF INSPECTION
4.52. SEVERABILITY
4.53. SITE SECURTITY
4.54. STATE PUBLIC WORKS
4.55. SUBCONTRACTING
4.56. SURVIVAL
4.57. TAXES
4.58. TERMINATION FOR CAUSE
4.59. TERMINATION FOR FRAUD
4.60. TERMINATION OR SUSPENSION FOR CONVENIENCE
4.61. TERMINATION PROCEDURES
4.62. WORK HOURS AND SAFETY STANDARDS
4.63. ACCESS TO DATA
4.64. ADVANCE PAYMENTS PROHIBITED
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 5 of 42 DWSRF Loan Contract (Municipal) v1
4.65. ALLOWABLE COSTS
4.66. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS
THE “ADA” 28 CFR PART 35 ALLOWABLE COSTS
4.67. BREACHES OF OTHER STATE CONTRACTS
4.68. CODE REQUIREMENTS
4.69. CONFLICT OF INTEREST
4.70. DUPLICATE PAYMENT
ATTACHMENT I SCOPE OF WORK (PROJECT)
ATTACHMENT II ATTORNEY’S CERTIFICATION
ATTACHMENT III FEDERAL AND STATE REQUIREMENTS
ATTACHMENT IV DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS
ATTACHMENT V CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
ATTACHMENT VI DWSRF ELIGIBLE PROJECT COSTS
ATTACHMENT VII LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL
ENTITIES
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 6 of 42 DWSRF Loan Contract (Municipal) v1
3.DECLARATIONS
3.1. BORROWER INFORMATION
Legal Name: City of Bremerton
Loan Number:
Application number
DWL31532-0
#2024-4320
Award Year: 2024
State Wide Vendor Number: 0000221-00
3.2. PROJECT INFORMATION (PROJECT)
Project Title: Manganese Treatment Facilities (Eastside)
Project Location (City or County): Bremerton
Project State: Washington
Project Zip Code: 98312
Project Scope of Work-Attachment I attached hereto and incorporated by reference.
3.3. CONTRACT COMMUNICATION
Communications regarding CONTRACT performance is delegated by each party to its Contract Manager. Either party
may change its Contract Manager by express notice to the other party. Either party may identify on an as needed basis
an alternate Contract Manager to serve during the stated temporary absence of its primary Contract Manager. Notices
between the parties regarding Contract performance must be provided by written communication to the other party’s
Contract Manager. Written communication includes email but not voice mail. Notices are presumed received by the
other party’s Contract Manager upon evidence of delivery between the hours of 8:00 am to 5:00 pm except for state
holidays and weekends.
3.4. LOAN INFORMATION
Loan Amount: $7,594,445.00
Loan Fee (Included in loan amount if applicable): NA
Principal Loan Forgiveness %: 50%
Loan Term: 24 Years
Interest Rate: 1.75%
Payment Month(s): October 1st Annually
Earliest Date for Construction Reimbursement: One year prior to contract execution
Time of Performance:
Notice to Proceed:
48 months from Contract start date (date of last signature) to
Project Completion date.
18 months from Contract start date (date of last signature)
3.5. FUNDING INFORMATION
Total Funds from BORROWER: To be determined
Source(s) of Funds from Borrower, with assigned amounts per source: To be determined
Total State Funds: To be determined
Total Amount of Federal Award (as applicable): To be determined
Total Amount of Loan: $7,594,445.00
Federal Award Date: To be determined
Federal Award ID # (FAIN):
Amount of Federal Funds Obligated by this Action:
To be determined
To be determined
3.6. SPECIAL TERMS AND CONDITIONS
N/A
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 7 of 42 DWSRF Loan Contract (Municipal) v1
4.GENERAL TERMS AND CONDITIONS
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
4.1. AUTHORITY
Acting under the authority of Section 1452 of the Safe Drinking Water Act (SDWA) Section 130, RCW 39.34, RCW
43.70.040, and RCW 70.119A.170 the Washington State Department of Health (DOH) has awarded BORROWER
identified on the Face Sheet of this CONTRACT a Drinking Water State Revolving Fund Loan (LOAN) for the
PROJECT defined on the Face Sheet of this CONTRACT. Under this CONTRACT, BORROWER is a sub-recipient
of funds provided by the United States Environmental Protection Agency (EPA), CFDA Number 66.468, Safe
Drinking Water State Revolving Fund.
In some CONTRACT attachments, DOH is referred to as “Lender” and BORROWER is referred to as “Contractor.”
DOH and BORROWER are individually a “party” and, collectively, the “parties.”
4.2. FULL AGREEMENT
This CONTRACT contains all the terms and conditions agreed upon by the parties and is the full agreement of the
parties. No other understandings, oral or otherwise, regarding the subject matter of this CONTRACT will be deemed
to exist or to bind any of the parties hereto.
4.3. ORDER OF PRECEDENCE
In the event of an inconsistency in this CONTRACT, unless otherwise provided herein, the inconsistency shall be
resolved by giving precedence in the following order: The order of precedence for terms and conditions under
categories B and C is subject to the proviso that when a contract term or condition appears in more than one
contract document, the more specific contract term or condition shall control if the different contract provisions
cannot be harmonized.
A.Applicable , state and federal statutes
B.Applicable local, state, and federal regulations
C.CONTRACT amendments (if any)
D.The Declarations Page of the CONTRACT
E.The General Terms and Conditions of the CONTRACT
F.Attachment I of the CONTRACT
G.Attachment II of the CONTRACT
H.Attachment III of the CONTRACT
I.Attachment IV of the CONTRACT
J.Attachment V of the CONTRACT
K.Attachment VI of the CONTRACT
L.Attachment VII of the CONTRACT
4.4. LOAN AMOUNT
DOH, using funds from the Drinking Water Assistance Account, will loan BORROWER a sum not to exceed the
amount shown as “Loan Amount” in the Declarations (LOAN AMOUNT). The LOAN AMOUNT will not exceed
100% of the actual eligible PROJECT costs (ELIGIBLE PROJECT COSTS). The parties understand and agree that
the LOAN AMOUNT does not include the LOAN FEE which will be charged in accordance with Section 4.5 (Loan
Fee) below.
4.5. LOAN FEE
If DOH assessed a “Loan Fee” in the Declarations (LOAN FEE), then: (a) the LOAN FEE will be the LOAN FEE
shown in the Declarations; (b) the LOAN FEE will be 1% of the loan request; and (c) the LOAN FEE will not be
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 8 of 42 DWSRF Loan Contract (Municipal) v1
reduced, regardless of the final LOAN AMOUNT at PROJECT completion. If the LOAN FEE applies and the total
LOAN AMOUNT is increased through CONTRACT amendment, then DOH will assess an additional LOAN FEE
equal to 1% of the additional LOAN AMOUNT. LOAN FEES are non-refundable.
4.6. LOAN TERM
Unless changed through a CONTRACT amendment, the LOAN TERM will not exceed the period of time shown in
the Declarations. The repayment period for DOH subsidized loans is 24 years from this CONTRACT’s start date.
The repayment period for non-DOH subsidized loans is 20 years from this CONTRACT’s start date.
4.7. INTEREST RATE
The interest rate is stated in the Declarations. Interest is per annum on the outstanding principal balance and starts
to accrue from the date DOH releases any or all of the Loan Amount (LOAN FUNDS) to BORROWER in
accordance with applicable law and PROGRAM AND DOH policies.
4.8. LOAN FORGIVENESS
If the LOAN qualifies for LOAN Forgiveness, then the percent of the LOAN balance that DOH will forgive at
PROJECT completion is stated in the Declarations. DOH calculates the amount forgiven when DOH approves the
BORROWER’s Project Completion Report. The amount forgiven will be based on either the LOAN AMOUNT or
BORROWER’s ELIGIBLE PROJECT COSTS, whichever is less, and accrued interest.
4.9. RELEASE OF LOAN FUNDS AND REQUIRED DOCUMENTATION
DOH will release LOAN FUNDS to BORROWER to reimburse BORROWER for ELIGIBLE PROJECT COSTS. To
request reimbursement, BORROWER must submit a signed and completed invoice using a form provided by DOH.
The invoice must reference the PROJECT activity performed, and include supporting documentation such as bills,
invoices, receipts, and documentation of compliance with CONTRACT requirements as requested by DOH. The
invoice must be signed by an official of BORROWER with authority to bind BORROWER.
Invoices must also include a report of the progress of the PROJECT made since the last invoice, and the PROJECT
status to date. DOH will not release funds until the PROJECT status report and documentation are approved by
DOH. Approval will not be unreasonably withheld or delayed. After approving the invoice, documentation, and
PROJECT status report, DOH will release funds to BORROWER within 30 days, if BORROWER is not in alleged or
actual breach of any CONTRACT with a Washington state agency.
DOH will withhold 10% of LOAN FUNDS until DOH confirms that BORROWER has successfully completed all steps
for PROJECT COMPLETION. The 10% holdback will be available to BORROWER as part of the last LOAN
disbursement.
4.10. TIME OF PERFORMANCE
BORROWER will begin the activities in the PROJECT within 30 calendar days of the CONTRACT start date.
BORROWER will issue a ‘Notice to Proceed’, after the formal award of a construction contract, within 18 months of
the CONTRACT start date.
BORROWER must reach PROJECT COMPLETION within the Time of Performance set forth in the Declarations
(TIME OF PERFORMANCE). If there are extenuating circumstances, BORROWER may request, in writing, at least
90 calendar days prior to the PROJECT COMPLETION that DOH extend the deadline for PROJECT
COMPLETION. At its discretion, DOH may issue an extension. DOH’s decision is final and not subject to the
dispute clause.
If BORROWER does not meet the requirements of this Section, it is a material breach of CONTRACT, and DOH
may terminate or suspend this CONTRACT immediately and for cause if DOH so desires.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 9 of 42 DWSRF Loan Contract (Municipal) v1
4.11. PROJECT COMPLETION AMENDMENT AND THE PROJECT COMPLETION REPORT
The PROJECT Completion Amendment determines the final LOAN AMOUNT and LOAN TERM. When activities in
the PROJECT are complete, BORROWER will start the process for the PROJECT Completion Amendment by
sending DOH the PROJECT Completion Report. In the PROJECT Completion Report, BORROWER will provide
the following information to DOH:
A.A statement of the actual dollar amount spent, from all fund sources, to complete the PROJECT.
B.A statement that all ELIGIBLE PROJECT COSTS have been incurred. Costs are incurred when goods and
services are received and/or contracted work is performed.
C.Evidence showing BORROWER’S compliance with financial the audit requirements of this CONTRACT.
D.An invoice for the remaining ELIGIBLE PROJECT COSTS.
E.Documentation of BORROWER’s compliance with National Historic Preservation Act of 1966, 54 U.S.C.
Subtitle III, Public Law 89-665, as amended (including, without limitation, by Public Law 96-515) (NHPA or
National Historic Preservation Act).
4.12. LOAN PAYMENTS
BORROWER must begin repaying the LOAN no later than 1 year after the CONTRACT start date. Payments are
due on the first day of the month(s) shown as the PAYMENT MONTH(S) in the Declarations. Payments are principal
and interest accrued up to the PAYMENT MONTH(S).
BORROWER can repay in full the LOAN balance, including fees and repayment of LOAN FUNDS for ineligible project
costs (if any), at any time or make accelerated payments without penalty. The final payment must be on or before the
end of the LOAN TERM. Additionally, BORROWER must either have a dedicated general ledger account for the
LOAN AMOUNT or a dedicated bank account for the LOAN AMOUNT to ensure that there is no co-mingling of the
LOAN AMOUNT with other municipality resources.
4.13. DEDICATED ACCOUNT FOR LOAN PAYMENTS
Within 30 calendar days of the CONTRACT start date, BORROWER must provide DOH with documentation that
BORROWER has an account at an FDIC-insured institution dedicated for repaying the LOAN. The funds and
interest accrued in the account must be used solely to make LOAN payments.
During the LOAN TERM, BORROWER will ensure that by September 30th of repayment years, the dedicated
account’s balance is equal to one years’ payment of principal, fees, and interest on the LOAN.
4.14. LOAN DEFAULT
DOH must receive BORROWER’S payment within 30 calendar days of the due date. Late payments are delinquent
and assessed a monthly penalty on the 1st day past the due date. The penalty will be at the rate set forth by DOH
that accords with applicable law but which the parties agree and understand may be 1% of the late payment amount
per month. Penalty and fees accrue interest at the rate stated as LOAN INTEREST in the Declarations.
DOH may notify any other entity, creditors, or potential creditors of BORROWER’s delinquency. BORROWER is
responsible for all attorney fees and costs incurred by DOH in any action taken to enforce its rights under this Section,
including in any alternative dispute resolution proceeding.
4.15. LOAN SECURITY
“Loan Security” (LOAN SECURITY) is only required if identified in the Declarations. If LOAN SECURITY is required
under the CONTRACT, then:
(a)BORROWER will assist DOH in completing and filing all financing statements or other collateral documentation
reasonably required by DOH; and
(b)BORROWER will execute all assignments, security agreements, and financing statements necessary to
establish, perfect, and maintain the security interests of DOH.
Nothing in this Section releases BORROWER from the obligation to make LOAN PAYMENTS when due, and to
adjust rates, fees, or surcharges as necessary to meet its obligations under this CONTRACT.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 10 of 42 DWSRF Loan Contract (Municipal) v1
Notwithstanding this, in its sole discretion and if allowed under the EPA regulations relevant to this Contract, DOH
may subordinate its LOAN security to BORROWER’s obligations under existing or future bonds and notes.
4.16. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS
Any amendments, modifications, assignments, and/or waivers to any of the terms and conditions of this
CONTRACT supersede those terms as found in the original CONTRACT and will not be binding on the parties
unless they are in writing and signed by representatives authorized to bind each of the parties. Only the authorized
representative or their designee (where delegation is made prior to action) has the express, implied, or apparent
authority to enter into, alter, amend, assign, modify, or waive any terms, clauses, or conditions of this CONTRACT.
Additionally, neither this CONTRACT nor any Claim arising under this CONTRACT, will be transferred or assigned
by the BORROWER without prior written consent of DOH.
Neither this CONTRACT nor any Claim arising under it may be transferred or assigned by BORROWER without
DOH’s prior written consent. During the LOAN TERM, DOH must approve in advance, any change in ownership of
the water system(s) improved with LOAN FUNDS. DOH may require the LOAN, including LOAN FEES and/or
ineligible project costs (if any) be paid in full as a condition of approval.
Nothing in this CONTRACT (including, without limitation, terms, conditions, assurances, and certifications) may be
waived and/or modified unless approved in writing and signed by an authorized representative of DOH. No waiver of
any default or breach is implied from any failure to take action upon such default or breach if the default of breach
persists or repeats. Waiver of any default or breach will not be deemed to be a waiver of any subsequent default or
breach.
4.17. BUILD AMERICA, BUY AMERICA (IF APPLICABLE)
None of the LOAN FUNDS under this CONTRACT will be used for the construction, alteration, maintenance, or
repair of a public water system or treatment works unless all of the iron and steel, manufactured products, and
construction materials used in the project are produced in the United States including, without limitation, iron and
steel, manufactured products, and construction materials in accordance with the Build America, Buy America, Pub.
L. No. 117-58, §§ 70901-52 (BABA) Requirements and/or any successor legislation. BORROWER hereby
represents and warrants to and for the benefit of DOH and any other funding authority and/or source that
BORROWER understands this obligation and the requirements of BABA and will use the LOAN FUNDS in
accordance with the requirements set forth in this Section.
Notwithstanding this, an authorized representative of DOH may waive this requirement in writing if:
A.Compliance would be inconsistent with the public interest; or
B.The particular products are not produced in the United States in sufficient and reasonably available quantities
and are not of a satisfactory quality; or
C.Inclusion of products produced in the United States will increase the cost of the overall project by more than
25%; or
D.A waiver is approved by the Environmental Protection Agency (EPA).
BORROWER must submit any such waiver request to DOH, which will then submit the waiver request to EPA. The
full text of the Build America, Buy America provision can be found under The Infrastructure Investment and Jobs Act
(IIJA), Pub. L. No. 117-58, which includes BABA,.
4.18. ATTORNEYS’ FEES
Unless expressly permitted under another Section of the CONTRACT, each party agrees to bear its own attorneys’
fees and costs for litigation or other action brought to enforce the CONTRACT terms and conditions.
4.19. PROHIBITION AGAINST PAYMENT OF BONUS AND COMMISSION
LOAN FUNDS provided under this CONTRACT will not be used in payment of any bonus or commission for the
purpose of obtaining approval of the loan application or any other approval under this CONTRACT. This Section
does not prohibit paying reasonable fees for bona fide technical consultants, managerial, or other such services, if
payment is for ELIGIBLE PROJECT COSTS. For the avoidance of doubt, no actual solicitation costs can be paid for
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 11 of 42 DWSRF Loan Contract (Municipal) v1
LOAN FUNDS received under this CONTRACT.
4.20. COMPLIANCE
BORROWER will comply with all applicable federal, state, and local laws, requirements, codes, regulations,
policies, and ordinances of local and state and federal governments, as now or hereafter amended (including,
without limitation, for the design, implementation, and administration) of the PROJECT and this CONTRACT,
including, without limitation, those stated in the CONTRACT attachments. BORROWER will provide DOH with
documentation of compliance as soon as practicable if requested by DOH or its agents.
In the event of BORROWER’s alleged or actual noncompliance with any part of this CONTRACT, DOH may
suspend all or part of the CONTRACT, withhold payments, and/or prohibit BORROWER from incurring additional
obligations of LOAN FUNDS during the investigation and pending corrective action by BORROWER, or a decision
by DOH to terminate or suspend the CONTRACT.
4.21. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A.“Confidential Information” as used in this Section includes:
i.All material provided to the BORROWER by DOH that is designated as “confidential” by DOH; and
ii.All material produced by the BORROWER that is designated as “confidential” by DOH; and
iii.All Personal Information in the possession of the BORROWER that may not be disclosed under state or
federal law.
B.The BORROWER will comply with all state and federal laws related to the use, sharing, transfer, sale, or
disclosure of Confidential Information. The BORROWER will use Confidential Information solely for the purposes of
this CONTRACT and will not use, share, transfer, sell, or disclose any Confidential Information to any third party
except with the prior written consent of DOH or as may be required by law. The BORROWER will take all necessary
steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale, or
disclosure of Confidential Information or violation of any related state or federal laws. Upon request, the
BORROWER will provide DOH with its policies and procedures on confidentiality. DOH may require changes to
such policies and procedures as they apply to this CONTRACT whenever DOH reasonably determines that
changes are necessary to prevent unauthorized disclosures. The BORROWER will make the changes within the
time period specified by DOH. Upon request, the BORROWER will immediately return to DOH any Confidential
Information that DOH reasonably determines has not been adequately protected by the BORROWER against
unauthorized disclosure.
C.Unauthorized Use or Disclosure. The BORROWER will notify DOH within 5 working days of
BORROWER’s discovery of any unauthorized use or disclosure of any confidential information and will take
necessary steps to mitigate the harmful effects of such use or disclosure.
4.22. DISPUTES
Except as otherwise provided in this CONTRACT, when a dispute arises between the parties that cannot be solved
by direct negotiation (Dispute), either party may request a Dispute hearing with the Director of the Office of Drinking
Water (Director), who may designate a neutral person to decide the Dispute. The parties will be equally responsible
for any reasonable costs and fees incurred by the neutral person.
The request for a a Dispute hearing must:
A.Be in writing;
B.State the disputed issues;
C.State the relative positions of the parties;
D.State BORROWER's name, address, and CONTRACT number involved in or related to the Dispute;
E.Provide contact information for the requester’s representative; and
F.Be mailed to the Director and the other party’s (Respondent’s) Contract Manager within 3 working days after
the parties agree that they cannot resolve the Dispute.
The Respondent will send a written answer to the requestor’s statement to both the Director or the Director’s
designee and the requestor within 5 working days.
In the alternative, the parties can agree to submit a mutual request to the Director, which should include each
party’s response to the other party’s characterization of the Dispute.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 12 of 42 DWSRF Loan Contract (Municipal) v1
The Director or Director’s designee will review the written statements and reply in writing to both parties within 10
working days. The Director or Director’s designee may extend this period if necessary by notifying the parties. The
decision on the dispute is non-binding and will not be admissible in any succeeding judicial or quasi-judicial
proceeding.
This non-binding Dispute process must precede any action in a judicial or quasi-judicial tribunal. Nothing in this
CONTRACT limits the parties from using any mutually acceptable alternate dispute resolution (ADR) method in
addition to or instead of the Dispute hearing procedure outlined above.
4.23. ELIGIBLE PROJECT COSTS
BORROWER will comply with all obligations set forth under this CONTRACT including, without limitation, Attachment
VI-DWSRF Eligible Project Costs and is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its contractors and/or subcontractors.
The purchase of any land necessary for the PROJECT must be included in the PROJECT and be documented with
an appraisal or equivalent market evaluation, if approved by DOH, and a valid purchase and sale agreement.
Construction expenses incurred after the date shown as earliest date for construction reimbursement in the
Declarations are eligible for reimbursement. Requests for reimbursements for costs related to construction activities
will not be accepted until BORROWER has met the following conditions:
A.Completed the State Environmental Review Process (SEPA Review under RCW 43.21C);
B.Complied with all provisions of the National Historic Preservation Act;
C.Complied with Prevailing Wage requirements;
D.Received approval from DOH of the PROJECT report and related construction documents for all applicable
activities described in the PROJECT; and
E.Complied with any other LOAN conditions required by DOH.
For the avoidance of doubt, BORROWER cannot use LOAN FUNDS for any expenses charged by BORROWER
against any other contract, subcontract, or source of funds.
If DOH reimburses BORROWER for costs that are later determined by DOH to be ineligible, BORROWER must
repay these funds to DOH no later than when the BORROWER returns the PROJECT Completion Amendment to
DOH. Prior to final completion, DOH may withhold payment for such costs as allowed under Section 4.36
(Recapture). Any such repayment may be subject to interest on any remaining balance, at the rate determined by
state regulations and as allowed under state and federal law.
4.24. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM
BORROWER warrants that BORROWER has not and will not submit to DOH any information that is false, incorrect,
or incomplete. BORROWER understands and agrees that providing false, fictitious, or misleading information to a
state agency or otherwise receiving and attesting to PROGRAM benefits that you are not entitled to is a violation of
applicable state law. Such violations may be a criminal violation under state law, including, without limitation, RCW
9A.56.020 (Theft defined), RCW 9A.56.030 (Theft in the 1st degree), RCW 9A.56.040 (Theft in the 2nd degree), or
other applicable statutes. Such violations for the receipt and disbursements of LOAN FUNDS may also result in civil
penalties or administrative fines. The parties understand and agree that DOH may pursue all applicable remedies
for violations by BORROWER under this Section.
4.25. FINANCIAL AUDIT
DOH may require BORROWER to obtain an audit of this PROJECT conforming to Generally Accepted Accounting
Principles (GAAP) promulgated by the Financial Accounting Standards Board (FASB). BORROWER will maintain
its records and accounts in accordance with GAAP and other applicable FASB requirements to facilitate any audit
under this CONTRACT. BORROWER is responsible for correcting any audit findings. BORROWER is responsible
for any audit findings incurred by its own organization and/or its contractors and/or subcontractors. DOH reserves
the right to recover from BORROWER all disallowed costs and INELEGIBLE PROJECT COSTS resulting from an
audit.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 13 of 42 DWSRF Loan Contract (Municipal) v1
Audits must include a report on compliance, including an opinion (or disclaimer of opinion) about whether the
BORROWER is in compliance with applicable law, regulations, and requirements of this CONTRACT. Any such
audit report will also highlight any issues that could have a direct and material effect on DOH.
BORROWER will send a copy of any required audit per 2 CFR §200.512 to the DOH Contract Manager, no later
than 9 months after the end of BORROWER’s fiscal year. BORROWER must send any audit corrective action plan
for audit findings and a copy of the management letter, within 3 months of the audit report.
4.26. FRAUD AND OTHER LOSS REPORTING
BORROWER will report in writing all known or suspected fraud or other loss of any funds or other property
furnished under this CONTRACT immediately or as soon as practicable to the DOH Representative identified on the
Face Sheet.
4.27. GOVERNING LAW AND VENUE
This CONTRACT will be construed and interpreted according to the laws of the State of Washington, and the venue
of any action brought under the CONTRACT will be in the Superior Court for Thurston County. If any provision of
this CONTRACT violates any statute or rule of law of the State of Washington, it will be considered modified to
conform to that statute or rule of law.
4.28. HISTORICAL AND CULTURAL REQUIREMENTS
BORROWER will not conduct or authorize destructive PROJECT planning activities before completing the
requirements under Section 106 of the National Historic Preservation Act. BORROWER will not begin construction
activities, ground disturbance, or excavation of any sort, until BORROWER has complied with all requirements of
the NHPA.
If historical or cultural artifacts are discovered during the PROJECT, BORROWER will immediately stop
construction and implement reasonable measures to protect the discovery site from further disturbance, take
reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned
tribe’s cultural staff or committee, Tribal Historical Preservation Officer (THPO), DOH Contract Manager, and the
State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic
Preservation (DAHP). If human remains are uncovered, BORROWER will report the presence and location of the
remains to the local coroner and law enforcement immediately, then contact the concerned tribe’s cultural staff or
committee, DOH Contract Manager, and DAHP.
BORROWER is legally and financially responsible for compliance with all laws, regulations, and agreements related
to the preservation of historical or cultural sites and artifacts and will hold harmless the State of Washington and
DOH in relation to any claim related to historical or cultural sites discovered, disturbed, or damaged as a result of
BORROWER’S and BORROWER’s contractors’ and/or subcontractors’ activities.
BORROWER will include the requirements of this Section in all contracts for work or services related to the
PROJECT. BORROWER will require that bid documents include an inadvertent discovery plan that meets the
requirements of this Section.
4.29. INDEMNIFICATION
To the fullest extent permitted by law, BORROWER will indemnify, defend, and hold harmless DOH, the State of
Washington, agencies of the State, and all officials, agents, employees, and representatives of the State, from and
against all Claims arising out of or incident to BORROWER’S or any BORROWER’S contractors’ and/or
subcontractors’ performance or failure to perform the CONTRACT (including, without limitation, injury or death).
BORROWER’S obligation to indemnify, defend, and hold harmless includes any Claim by any and all of
BORROWER’s agents, employees, representatives, and/or subcontractor(s) (and their agents, employees, and
representatives, to the extent that BORROWER is using any contractor and/or subcontractor for the Project). For
the avoidance of doubt, BORROWER’s obligations under this Section will not be eliminated or reduced by any
actual or alleged concurrent negligence of DOH, the State of Washington, agencies of the State, or any of their
officials, agents, employees, and/or representatives.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 14 of 42 DWSRF Loan Contract (Municipal) v1
BORROWER’S obligation to indemnify, defend, and hold harmless DOH and the State of Washington includes any
Claim by BORROWER’S agents, employees, officers, contractors, subcontractors, and/or contractor or
subcontractor employees. Notwithstanding this, the BORROWER’s obligations will not include such Claims that
may be caused by the sole negligence of the State and its agencies, officers, officials, agents, and/or employees.
BORROWER waives immunity under RCW 51 to the extent it is required to indemnify, defend, and hold harmless
the State of Washington and its agencies, officers, officials agents, and/or employees.
4.30. INDEPENDENT CAPACITY OF THE BORROWER
The parties intend that an independent contractor relationship will be created by this CONTRACT. The BORROWER
and its employees, officers, representatives, and/or agents performing under this CONTRACT are not employees or
agents of the State of Washington or DOH. The BORROWER will not hold itself out as or claim to be an officer or
employee of DOH or of the State of Washington by reason hereof nor will the BORROWER make any claim of right,
privilege, or benefit which would accrue to such officer or employee under law. Conduct and control of the work
associated with the PROJECT will be solely with the BORROWER.
4.31. INTERNAL CONTROLS
BORROWER must designate one person as fiscal coordinator of the LOAN. BORROWER must maintain effective
internal controls and comply with standards adopted by FASB.
4.32. INSURANCE COVERAGE REQUIREMENTS
A.Insurance Requirements for Reimbursable Activities
The BORROWER will have insurance coverage that is substantially similar to the coverage described in Section
4.28(B) below for all periods in which BORROWER performed work for which it will seek reimbursement. The intent of
the required insurance is to protect the State of Washington should there be any Claims, suits, actions, costs,
damages, or expenses arising from any loss or negligent or intentional act or omission of the BORROWER or
contractor and/or subcontractor, or agents of any of them, while performing under the terms of this CONTRACT.
B.Additional Insurance Requirements During the Term of the CONTRACT
i.The BORROWER shall provide proof to DOH of insurance coverage that shall be maintained in full force
and effect, as indicated below, and shall submit renewal certificates not less than 30 calendar days prior to
expiration of each policy required under this Section:
a. Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of or related to this CONTRACT but in no less than $1,000,000 per occurrence.
Additionally, the BORROWER is responsible for ensuring that any subcontractor provide adequate insurance
coverage for the activities arising out of or related to subcontracts (if any). Commercial General Liability Insurance
coverage shall be maintained in full force and effect during the term of this CONTRACT and throughout the
Commitment Period.
b.Property Insurance. The BORROWER shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the
following hazards, as applicable:
1.Loss or damage by fire and such other risks;
2.Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
3.Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks, or similar apparatus now or hereafter installed in a building or building on the premises.
This property insurance coverage must be maintained in full force and effect throughout the term of this
CONTRACT and the Commitment Period.
c.Professional Liability, Errors, and Omissions Insurance. If BORROWER will be providing any
professional services to be reimbursed under this CONTRACT, the BORROWER shall maintain Professional
Liability or Errors and Omissions Insurance with minimum limits of no less than $1,000,000 per occurrence to
cover all activities by the BORROWER and licensed staff employed or under contract to the BORROWER. The
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 15 of 42 DWSRF Loan Contract (Municipal) v1
State of Washington, the Department of Health, its agents, officers, and employees need not be named as
additional insureds under this policy. This insurance must be maintained throughout the term of the
CONTRACT and Commitment Period. BORROWER will require that any subcontractors providing professional
services that are reimbursable under this CONTRACT maintain Professional Liability or Errors and Omissions
Insurance at the coverage levels set forth in this subsection.
d.Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the BORROWER for the purpose of receiving or depositing funds into program accounts or issuing financial
documents, checks, or other instruments of payment for program costs shall be insured to provide protection
against loss where:
1.The amount of fidelity coverage secured pursuant to this CONTRACT shall be
$2,000,000 or the highest of planned reimbursement for the CONTRACT period, whichever is lower. Fidelity
insurance secured pursuant to this paragraph shall name the State of Washington, the Department of Health,
its agents, officers, and employees as beneficiary.
2.Subcontractors that receive $10,000 or more per year in funding through this
CONTRACT shall secure fidelity insurance as noted above. Fidelity insurance secured by subcontractors
pursuant to this paragraph shall name the BORROWER and the BORROWER’s fiscal agent (if any) as
beneficiary.
3.Fidelity Insurance coverage shall be maintained in full force and effect from the start date
of this CONTRACT until BORROWER has submitted a Closeout Certification Form, subject to the following:
Fidelity Insurance must be issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss-discovered”
basis, provide coverage for at least 6 months following the date of BORROWER’s receipt of the Closeout
Certification Form.
4.Fidelity Insurance for Organizations with No Employees.
The requirement for fidelity insurance described in that term is hereby waived as long as the BORROWER
does not have any employees (including, but not limited to, volunteers, work-study placements, and interns).
ii.The insurance required shall be issued by an insurance company authorized to do business within the State of
Washington. Except as otherwise set forth in this Section, each insurance policy shall name “the State of
Washington, the Department of Health, and their agents, officers, and employees” as additional insureds on all
policies. All policies shall be primary to any other valid and collectable insurance. The BORROWER shall instruct
the insurers to give DOH 30 calendar days’ advance notice of any insurance cancellation or modification.
iii.The BORROWER shall submit to DOH within 15 calendar days of the CONTRACT start date, a certificate of
insurance which outlines the coverage and limits defined in this Section including, without limitation, the type of
insurance coverage under the policy, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that DOH will be provided 30 days’ advance written notice of cancellation. During the term of the
CONTRACT, the BORROWER shall submit renewal certificates not less than 30 calendar days prior to expiration
of each policy required under this Section. Additionally, BORROWER shall provide copies of insurance
instruments or certifications, at DOH’s request and until 6 months after DOH has received a Closeout Certification
Form from BORROWER. Copies of such insurance instruments and certifications will be provided within 15
calendar days of DOH’s request unless otherwise agreed to by the parties.
iv.BORROWER and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from DOH, the
BORROWER may provide the coverage above under a self-insured/liability pool or self-insured risk management
program. In order to obtain permission from DOH, the BORROWER will provide: (1) a description of its self-
insurance program and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All
self-insured risk management programs or self-insured/liability pool financial reports must comply with GAAP and
adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2)
FASB, and 3) the Washington State Auditor’s annual instructions for financial reporting. BORROWER’s
participating in joint risk pools will maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The State of Washington, the Department of Health, and their agents,
officers, and employees need not be named as additional insured under a self-insured property/liability pool, if the
pool is prohibited from naming third parties as additional insured.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 16 of 42 DWSRF Loan Contract (Municipal) v1
BORROWER will provide annually to DOH a summary of coverages and a letter of self- insurance, evidencing
continued coverage under BORROWER’s self-insured/liability pool or self-insured risk management program. Such
annual summary of coverage and letter of self-insurance will be provided on the anniversary of the start date of this
CONTRACT.
4.33. INDUSTRIAL INSURANCE COVERAGE
In addition to the requirements set forth in Section 4.[31] (Insurance Coverage Requirements) above, BORROWER
understands and agrees that BORROWER and its contractors and/or subcontractors (if any) will comply with the
applicable parts of RCW 51 RCW (Industrial Insurance). If BORROWER and/or any of its contractors and/or
subcontractors (if any) fail to provide industrial insurance coverage or fail to pay premiums or penalties on behalf of
its employees as required by law, DOH may collect from BORROWER the full amount payable to the Industrial
Insurance Accident Fund. DOH may deduct the amount owed by BORROWER and/or any of its contractors (if any)
to the accident fund from the amount payable to BORROWER by DOH under this CONTRACT and transmit the
deducted amount to the Washington State Department of Labor and Industries (L&I) Division of Insurance Services.
This provision does not waive any of L&I’s rights to collect from the BORROWER and/or any of its contractors (if
any).
4.34. LAWS
The BORROWER will comply with all applicable laws, ordinances, codes, regulations, and policies of local, state,
and federal governments, as now or hereafter amended.
4.35. LICENSING, ACCREDITATION, AND REGISTRATION
The BORROWER will comply with all applicable local, state, and federal licensing, accreditation, and registration
requirements or standards necessary for the performance of this CONTRACT.
4.36. LITIGATION
BORROWER warrants that there is no threatened or pending litigation, investigation, or legal action before any
court, arbitrator, or administrative agency that, if adversely determined against BORROWER, would have a
materially adverse effect on BORROWER’s ability to repay the LOAN AMOUNT. BORROWER agrees to promptly
notify DOH if any above-referenced actions become known to BORROWER during the pendency of the
CONTRACT.
4.37. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
A.During the performance of this CONTRACT, the BORROWER, including any contractor and/or
subcontractor, will comply with all federal, state, and local nondiscrimination laws, regulations, and policies
including, without limitation, not discriminate on the bases enumerated at RCW 49.60.530(3). In addition,
BORROWER, including any contractor and/or subcontractor, will give written notice of this nondiscrimination
requirement to any labor organizations with which BORROWER, or contractor and/or subcontractor, has a collective
bargaining or other agreement. The LOAN FUNDS will not be used to fund religious worship, exercise, or
instruction. No person will be required to participate in any religious worship, exercise, or instruction in order to have
access to the facilities funded by this CONTRACT.
B.Obligation to Cooperate. BORROWER, including any contractor and/or subcontractor, shall cooperate
and comply with any Washington state agency investigation regarding any allegation that BORROWER, including
any contractor and/or subcontractor, has engaged in discrimination prohibited by this CONTRACT pursuant to RCW
49.60.530(3).
C.Default. Notwithstanding any provision to the contrary, DOH may suspend BORROWER, including any
contractor and/or subcontractor, upon notice of a failure to participate and cooperate with any state agency
investigation into alleged discrimination prohibited by this CONTRACT, pursuant to RCW 49.60.530(3). Any such
suspension will remain in place until DOH receives notification that BORROWER, including any contractor and/or
subcontractor, is cooperating with the investigating state agency. In the event BORROWER, or contractor and/or
subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), DOH may terminate
this CONTRACT in whole or in part, and BORROWER, contractor, subcontractor, or any or all, may be referred for
debarment as provided in RCW 39.26.200. BORROWER or contractor or subcontractor may be given a reasonable
time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered
injunctive relief or settlement agreement. Failure by BORROWER to carry out these requirements is a material
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 17 of 42 DWSRF Loan Contract (Municipal) v1
breach of this CONTRACT and subject to termination for cause.
4.38. PAY EQUITY
The BORROWER will ensure that “similarly employed” individuals in its workforce are compensated as equals,
consistent with the following:
A.Employees are “similarly employed” if the individuals work for the same employer, the performance of the
job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working
conditions. Job titles alone are not determinative of whether employees are similarly employed;
B.BORROWER may allow differentials in compensation for its workers if the differentials are based in good
faith and on any of the following:
i.A seniority system; a merit system; a system that measures earnings by quantity or quality of
production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels; and/or
ii.A bona fide job-related factor or factors may include, but not be limited to, education, training, or
experience that is: (a) consistent with business necessity; (b) not based on or derived from a gender-
based differential; and (c) accounts for the entire differential; and/or
iii.A bona fide regional difference in compensation level must be: (a) Consistent with business
necessity; (b) not based on or derived from a gender-based differential; and (c) account for the entire
differential.
This CONTRACT may be terminated by DOH, if DOH or the Department of Enterprise Services determines that the
BORROWER is not in compliance with this Section.
4.39. POLITICAL ACTIVITIES
Political activity of BORROWER employees and officers are limited by the Campaign Disclosure and Contribution
provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of any person for
public office.
4.40. PREVAILING WAGE
BORROWER will assure that all contractors and subcontractors performing work funded through this CONTRACT
comply with prevailing wage laws by paying the higher of state or federal prevailing wages. BORROWER is legally
and financially responsible for compliance with the prevailing wage requirements. The BORROWER certifies that all
contractors and subcontractors performing work on the Project shall comply with State Prevailing Wages on Public
Works, RCW 39.12, as applicable to the Project funded by this CONTRACT, including, but not limited to, the filing of
the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The
BORROWER shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such records
available for DOH’s review upon request. BORROWER is advised to consult the United States Department of Labor
and/or the Industrial Statistician at the Washington State Department of Labor and Industries to determine whether
and what federal and state prevailing wages must be paid. DOH is not responsible for determining whether or what
prevailing wage applies to this Project and/or for any prevailing wage payments that may be required by law.
4.41. PROCUREMENT
BORROWER will comply with all procurement policies, procedures, and requirements for contracting and/or
subcontracting for the PROJECT and for obtaining PROJECT-related goods and services funded through this
CONTRACT. BORROWER and its contractors and/or subcontractors must receive approval from DOH before
entering into any sole source contract or contract where only one bid or proposal was received if the value of the
contract is likely to exceed $5,000. BORROWER’S request for DOH approval must include a copy of the proposed
contract(s), all related procurement documents, and justification for non-competitive procurement.
BORROWER will ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or
services listed in the PROJECT will insert in full, in any contract, the labor standards provisions in Attachment VIII-
Labor Standard Provisions for Subrecipients That Are Governmental Entities.
BORROWER will maintain records to verify compliance with procurement requirements, including, without limitation,
identifying the procurement method used, the reason for selecting the contractor, the rationale used for selecting
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 18 of 42 DWSRF Loan Contract (Municipal) v1
the contract type, the reason(s) for selecting and rejecting bidders or qualified firms, and the basis for the contract
cost or price.
4.42. PROHIBITION STATEMENT
Per Section 106 of the federal Trafficking Victims Protection Act, BORROWER `s contractors, subcontractors,
engineers, vendors, and any other entity performing work funded by this CONTRACT must comply with and include
the following terms and conditions in all contracts for work or services for the PROJECT.
“All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance
of this award or subawards under the award, or in any manner during the period of time that the award is in
effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and
subrecipients’ employees.”
4.43. PROJECT SIGNS
If BORROWER displays, during the TIME OF PERFORMANCE, any signs or markers identifying parties that are
providing funds for the PROJECT, BORROWER must include the Washington State Department of Health Drinking
Water State Revolving Fund and the Washington State Department of Health as participants in the PROJECT.
4.44. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section [4.20] (Confidentiality/Safeguarding of Information), DOH is
a public agency subject to the Public Records Act, RCW 42.56 (PRA). Under the PRA, all materials relating to the
conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or
retained by DOH or its functional equivalents are considered public records. The PRA requires that public records
responsive to a public records request be promptly produced unless the PRA or an “other statute” exempts such
records from production. This CONTRACT is not intended to alter DOH’s obligations under the PRA. The parties
agree that if DOH receives a public records request for files that may include confidential information under Section
[4.20] (Confidentiality/Safeguarding of Information), DOH may notify the other party of the request and of the date
that the records will be released to the requester unless BORROWER obtains a court order enjoining disclosure. If
the BORROWER fails to obtain the court order enjoining disclosure, DOH may release the requested information on
the date specified. If the BORROWER obtains a court order from a court of competent jurisdiction enjoining
disclosure pursuant to the PRA, DOH will maintain the confidentiality of the information per the court order.
4.45. PUBLICITY
BORROWER agrees not to publish or use any advertising or publicity materials in which the State of Washington or
DOH’s name is mentioned, or language used from which the connection with the State of Washington’s or DOH’s
name may reasonably be inferred or implied, without the prior written consent of DOH.
4.46. RATES AND RESERVES
BORROWER will maintain reserves at a minimum as required by the Water System Plan or Small Water System
Management Plan. BORROWER will timely adopt rate increases and/or capital assessments for the system’s
services to provide sufficient funds, along with other revenues of the system, to pay all operating expenses and debt
repayments during the LOAN TERM.
4.47. RECAPTURE
In the event that the BORROWER fails to perform this CONTRACT in accordance with state or federal laws, and/or
the provisions of this CONTRACT, DOH reserves the right to recapture LOAN FUNDS from BORROWER in an
amount to compensate DOH for BORROWER’s noncompliance with any part of this CONTRACT, in addition to any
other remedies available under the CONTRACT, at law, or in equity. DOH may withhold LOAN FUNDS from
BORROWER to recapture such funds. DOH’s ability to recapture or seek remedies shall survive any receipt of a
Closeout Certification Form or termination of this CONTRACT.
4.48. RECORDKEEPING AND ACCESS TO RECORDS
The BORROWER will maintain books, records, documents, data, and other evidence relating to this CONTRACT
and performance of the services described herein, including, but not limited to, accounting procedures and practices
that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this
CONTRACT.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 19 of 42 DWSRF Loan Contract (Municipal) v1
DOH, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement
(and any of their agents) will have full access and the right to examine, copy, excerpt, or transcribe, at no additional
cost and at all reasonable times, any pertinent documents, papers, records, and books (including, without limitation,
materials generated under the CONTRACT) of BORROWER and of persons, firms, or organizations with which
BORROWER may contract, involving transactions related to this CONTRACT. BORROWER agrees to keep
complete records of its compliance with this CONTRACT for a period of 6 years from the date that the debt to DOH
is paid in full. This includes, but is not limited to, financial reports.
If any litigation, Claim, or audit is started before the expiration of the 6 year period, BORROWER must keep the
records until all litigation, Claims, or audit findings involving the records have been resolved. These records
retention requirements are in addition to the local government records retention schedules applicable to the
BORROWER.
4.49. REDUCTION IN FUNDS
In the event that funds appropriated for the Project contemplated under this CONTRACT are withdrawn, reduced, or
limited in any way by any funding source (including, without limitation, the federal government) during the
CONTRACT period, the parties understand and agree that DOH may suspend, amend, or terminate the
CONTRACT to abide by the revised funding limitations. The parties understand and agree that BORROWER will be
bound by any such revised funding limitations as implemented at the discretion of DOH and, if and as requested by
DOH, will meet and renegotiate the CONTRACT accordingly.
4.50. REGISTRATION WITH THE SYSTEM FOR AWARD MANAGEMENT (SAM)
BORROWER must comply with 48 CFR 52.204-7 to register with the System for Awards Management (SAM.gov).
BORROWER is responsible for the accuracy and completeness of its data in the SAM database and any liability
resulting from the federal government or DOH reliance on inaccurate or incomplete data in it. BORROWER must
remain registered in the SAM database. BORROWER should annually review its information in SAM to ensure it is
accurate and complete.
4.51. RIGHT OF INSPECTION
At no additional cost, the BORROWER will provide right of access to its facilities to DOH, or any of its officers, or to
any other authorized agent or official of the State of Washington or the federal government, at all reasonable times,
in order to monitor and evaluate performance, compliance, and/or quality assurance under this CONTRACT. At no
additional cost, the BORROWER will also provide any documents related to this CONTRACT to DOH upon request
to assist DOH in the periodic monitoring of this CONTRACT.
4.52. SEVERABILITY
The provisions of this CONTRACT are intended to be severable. If any part of this CONTRACT or part of any
document incorporated by reference is found to be illegal or invalid for any reason whatsoever, it will not affect the
legality or validity of the remainder of the CONTRACT. For the avoidance of doubt, other parts of this CONTRACT
that can be given effect without the illegal or invalid part will remain in full force and effect.
4.53. SITE SECURITY
While on DOH premises, BORROWER, its agents, employees, and/or subcontractors will conform in all respects
with physical, fire, and other security policies or regulations.
4.54. STATE PUBLIC WORKS
For work done at the cost of the State, BORROWER must comply with public works statutes RCW 39.04 and RCW
39.10, apprenticeship requirements, and the State and local building codes, as applicable. If BORROWER has
questions about compliance, BORROWER will need to visit the Washington State Department of Labor & Industries
Public Works Projects website for more information.
4.55. SUBCONTRACTING
A.Prior to awarding contracts and/or subcontracts, BORROWER must verify that the complete names of both the
selected contractor and the owner or president are not in the Federal Excluded Parties List System for Ineligible
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 20 of 42 DWSRF Loan Contract (Municipal) v1
Professionals and Debarred Contractors (www.SAM.gov). BORROWER must provide the DOH Contract
Manager with a screen printout documenting that neither the firm, the owner or the president are excluded.
B. BORROWER will execute binding written agreements will all contractors and subcontractors that will perform
work under this CONTRACT.
C. BORROWER will ensure that every contract and subcontract awarded for the PROJECT after the CONTRACT
start date will bind the parties to follow all applicable terms of this CONTRACT.
D. BORROWER will ensure that any and all contractors and subcontractors that perform work related to this
Project are duly authorized and licensed in Washington State to perform the work contemplated by this
CONTRACT.
E. Neither the BORROWER nor any contractor or subcontractor shall enter into contracts or subcontracts for any
of the work associated with the Project contemplated under this CONTRACT without obtaining prior written
approval of DOH. In no event will the existence of the contract or subcontract operate to release or reduce the
liability of the BORROWER to DOH for any breach in the performance of the BORROWER’s duties. This clause
does not include grants of employment between the BORROWER and personnel assigned to perform work
associated with the Project under this CONTRACT.
F. BORROWER is responsible for ensuring that all terms, conditions, assurances, and certifications set forth in
this CONTRACT are carried forward to any contracts and/or subcontracts and that BORROWER is responsible
for any noncompliance by its contractors and/or subcontractors for work performed on the Project. Every
contract and/or subcontract will include a term that DOH and the State of Washington are not liable for Claims
or damages arising from a contractor’s and/or subcontractor’s performance of such contract or subcontract.
BORROWER and its contractors and/or subcontractors agree not to release, divulge, publish, transfer, sell, or
otherwise make known to unauthorized persons personal information without the express written consent of
DOH or as provided by applicable law. For the avoidance of doubt, BORROWER’s contracts or subcontracts
will not release or reduce the BORROWER’s liability to DOH for any breach in the performance of
BORROWER’s duties. Also for the avoidance of doubt, BORROWER’s contracts and subcontracts will include a
term that the State of Washington and DOH are not liable for claims or damages arising from a contractor
and/or subcontractor’s performance or lack thereof.
G. Data Collection - BORROWER will submit reports, in a form and format to be provided by DOH and at intervals
as agreed by the parties, regarding work under this CONTRACT performed by contractors and/or
subcontractors and the portion of LOAN FUNDS expended for work performed by contractors and/or
subcontractors.
H. The BORROWER will maintain written procedures related to contractors and/or subcontractors as well as
copies of all contracts and/or subcontracts and associated records. For cause, DOH in writing may: (a) require
that the BORROWER amend its procedures for contracts and/or subcontractors as they relate to this
CONTRACT; (b) prohibit the BORROWER from hiring contractors and/or subcontractors with a particular
person or entity; or (c) require that the BORROWER rescind or amend a contract or subcontract.
I. The BORROWER is responsible to DOH if the contractor and/or subcontractor fails to comply with any
applicable term or condition of this CONTRACT. The BORROWER will appropriately monitor the activities of the
contractor and/or subcontractor to assure fiscal conditions of this CONTRACT. In no event will the existence of
a contract and/or subcontract operate to release or reduce the liability of the BORROWER to DOH for any
breach in the performance of the BORROWER’s duties.
4.56. SURVIVAL
The terms, conditions, and warranties contained in this CONTRACT that by their sense and context are intended to
survive the completion of the performance, cancellation, or termination of this CONTRACT shall so survive
including, without limitation, any Recapture provision in this CONTRACT.
4.57. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the BORROWER’s income or gross
receipts, and/or any other taxes, insurance, or expenses for the BORROWER or its staff shall be the sole
responsibility of the BORROWER.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 21 of 42 DWSRF Loan Contract (Municipal) v1
4.58. TERMINATION FOR CAUSE
If DOH determines that BORROWER has failed to comply with the terms and conditions of this CONTRACT in a
timely manner, DOH may, at its sole discretion, upon notice to BORROWER, terminate or suspend the CONTRACT
in whole or in part.
The notice will be in writing and state the reason(s) for termination or suspension, and the effective date. The
effective date will be determined by DOH. The notice will allow BORROWER at least 30 business days to cure the
breach, if curable. If the breach is not cured or cannot be cured within 30 business days, the outstanding balance of
the LOAN, with any interest accrued and other costs as authorized by the CONTRACT shall be due and payable to
DOH.
If DOH terminates or suspends this CONTRACT under this Section, DOH is only liable for payment required under
the terms and conditions of this CONTRACT for ELIGIBLE PROJECT COSTS incurred prior to the effective date of
termination. If DOH terminates or suspends this CONTRACT under this Section, the BORROWER will be liable for
damages as authorized by law including, without limitation, any cost difference between the original CONTRACT
and the replacement or cover CONTRACT and all administrative costs directly related to the replacement
CONTRACT (e.g., cost of the competitive bidding, mailing, advertising and staff time). Notwithstanding this, DOH
reserves the right to suspend all or part of the CONTRACT, withhold further payments, or prohibit the BORROWER
from incurring additional obligations of funds during investigation of the alleged compliance breach and pending
corrective action by the BORROWER or a decision by DOH to terminate the CONTRACT.
At DOH’s sole discretion, the termination for cause may be deemed a “Termination or Suspension for Convenience”
under Section [4.53] if DOH determines that the BORROWER was not in default or if any default or failure to
perform under this CONTRACT was outside BORROWER’s control, fault, or negligence. The rights and remedies of
DOH provided in this CONTRACT are not exclusive and are in addition to any other rights and remedies provided
under applicable law. Nothing in this Section affects BORROWER’s obligations to immediately repay the unpaid
balance of the LOAN AMOUNT as prescribed in the Washington Administrative Code (WAC) 246-296-150.
4.59. TERMINATION FOR FRAUD
In the event that the BORROWER commits fraud or makes any misrepresentation in connection with the loan
application or during the performance of this CONTRACT, DOH reserves the right to terminate or amend this
CONTRACT accordingly, including the right to recapture all funds disbursed to the BORROWER under the
CONTRACT.
4.60. TERMINATION OR SUSPENSION FOR CONVENIENCE
If funding or appropriation from state, federal, or other sources is withdrawn, reduced, or limited in any way during
the TIME OF PERFORMANCE, DOH may:
A.Delay or suspend releasing LOAN FUNDS until funding or appropriation are available to DOH; or
B.Amend the CONTRACT to reflect the new funding limitations and conditions; or
C.Terminate the CONTRACT and/or its attached agreements, in whole or in part; or
D.Suspend the CONTRACT and/or its attached agreements, in whole or in part.
If DOH terminates the CONTRACT under this Section, DOH will notify BORROWER’s representative in writing of
the reason(s) for termination, and the effective date. Termination of the CONTRACT will be effective as of the date
determined by DOH.
DOH may choose to suspend this CONTRACT, in whole or in part, if DOH determines that the funding insufficiency
will likely be resolved in time for BORROWER to resume activities prior to the end of the TIME OF
PERFORMANCE. DOH will notify BORROWER’s representative by email of the reason(s) for suspension, and the
effective date. DOH will determine the effective date. BORROWER must suspend performance on the effective date
of the suspension. During the period of suspension, each party must notify the other party’s representative of any
conditions that may reasonably affect its ability to resume performance.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 22 of 42 DWSRF Loan Contract (Municipal) v1
During the suspension, when DOH determines that the funding insufficiency is resolved, DOH may notify
BORROWER’s representative of the proposed date to resume performance. BORROWER must respond to DOH’s
representative in writing, within 5 business days of DOH sending notice, as to whether it can resume performance
on that date or offer an alternative date to resume performance. If BORROWER cannot resume performance or the
alternative date is not acceptable to DOH, the parties agree the CONTRACT will be deemed terminated for
convenience, retroactive to the original date of suspension.
If DOH terminates or suspends this CONTRACT, DOH will be liable only for payment required under the terms of
this CONTRACT for ELIGIBLE PROJECT COSTS for services rendered or goods received that were incurred prior
to the effective date of suspension or termination, and payment for any work done on the CONTRACT prior to the
loss of funding will be done in accordance with the requirements of the funding source. Nothing in this Section shall
affect BORROWER’s obligations to repay the unpaid balance of the LOAN. Nothing in this Section affects
BORROWER’s obligation to repay the LOAN, including fees and other expenses as allowed by the CONTRACT.
For the avoidance of doubt, should funding from any funding source (including, without limitation, federal funding)
that supports this CONTRACT be withdrawn, reduced, or limited in any way after the effective date of this
CONTRACT and prior to normal completion of the Project, DOH (at its sole discretion) may terminate the
CONTRACT without any notice requirement and/or may amend the CONTRACT to reflect the new funding
limitations and conditions. Also, for the avoidance of doubt, should funding from any funding source (including,
without limitation, federal funding) that supports this CONTRACT be terminated, this CONTRACT and all
obligations, including payment for work done under this CONTRACT, will be terminated without the 10-calendar day
notice requirement and instead as of the date of the termination of the funding source.
4.61. TERMINATION PROCEDURES
When BORROWER receives Notice of Termination or on the date a suspension is converted to a termination,
except as otherwise directed by DOH, BORROWER will:
A. Stop work under the CONTRACT on the date, and to the extent specified, in the notice;
B. Place no further orders or subcontracts for materials, services, or facilities related to the CONTRACT except as
may be necessary for completion of such portion of the work under the CONTRACT that is not terminated;
C. Assign to DOH, in the manner, at the times, and to the extent directed by the Authorized Representative, any or
all of the rights, title, and interest of BORROWER under the orders and subcontracts so terminated, in which
case DOH has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such
orders and subcontracts. Any attempt by BORROWER to settle such claims must have the prior written
approval of DOH;
D. Settle all outstanding liabilities and all Claims arising out of such termination of orders and subcontracts, with
the approval or ratification of the DOH Authorized Representative to the extent the DOH Authorized
Representative may require, which approval or ratification shall be final for all the purposes of this clause;
E. Complete performance of such part of the work associated with the Project as shall not have been terminated
by the DOH Authorized Representative;
F. Take such action as may be necessary, or as the DOH Authorized Representative may direct, for the protection
and preservation of the property related to this CONTRACT, which is in the possession of the BORROWER and
in which DOH has or may acquire an interest; and
G. Preserve and transfer title to DOH and delivery in the manner, at the times, and to the extent directed by the
DOH Authorized Representative of any property that if the CONTRACT had been completed would have been
required to be furnished to DOH (including, without limitation, materials, CONTRACT deliverables, and/or DOH
property in BORROWER’s possession) as directed by DOH.
Upon termination of this CONTRACT, DOH will pay BORROWER for amounts due under the CONTRACT prior to
the date of termination unless such payment is precluded under any other provision of this CONTRACT. DOH may
withhold any amount due as DOH reasonably determines is necessary to protect DOH against potential loss or
liability resulting from the termination. DOH will pay any withheld amount to BORROWER if DOH later determines
that loss or liability will not occur. Notwithstanding this, the parties understand and agree that failure of
BORROWER to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 23 of 42 DWSRF Loan Contract (Municipal) v1
CONTRACT. DOH may withhold from any amounts due the BORROWER for such sum as the DOH Authorized
Representative determines to be necessary to protect DOH against potential loss or liability.
Upon termination of this CONTRACT, DOH, in addition to any other rights provided in this CONTRACT, may require
the BORROWER to deliver to DOH any property specifically produced or acquired for the performance of such part
of this CONTRACT as has been terminated. The rights and remedies of DOH provided in this Section shall not be
exclusive and are in addition to any other rights and remedies provided by law or under this CONTRACT.
4.62. WORK HOURS AND SAFETY STANDARDS
If this CONTRACT exceeds $100,000, BORROWER must comply with the applicable Contract Work Hours and
Safety Standards Act (40 USC Chapter 37). These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
4.63. ACCESS TO DATA
In compliance with RCW 39.26.180, the BORROWER will provide access to data generated under this CONTRACT to
DOH, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This
includes access to all information that supports the findings, conclusions, and recommendations of the BORROWER’s
reports, including computer models and the methodology for those models.
4.64. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this CONTRACT shall be made by
DOH.
4.65. ALLOWABLE COSTS
Costs allowable under this CONTRACT are actual expenditures according to an approved budget up to the maximum
amount stated on the CONTRACT Award or Amendment Face Sheet.
4.66. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE
“ADA” 28 CFR PART 35 ALLOWABLE COSTS
The BORROWER will comply with the ADA, which provides comprehensive civil rights protection to individuals with
disabilities in the areas of employment, public accommodations, state and local government services, and
telecommunications.
4.67. BREACHES OF OTHER STATE CONTRACTS
BORROWER will comply with all other contracts and grant agreements executed between BORROWER and the State of
Washington. A breach of any other contract or grant agreement entered into between BORROWER and the State of
Washington may, in DOH's sole discretion, be deemed a breach of this CONTRACT.
4.68. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building,
mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28
C.F.R. Part 35 will be required, as specified by the local building department and/or DOH.
4.69. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in its sole discretion, by
written notice to the BORROWER terminate this CONTRACT if it is found after due notice and examination by DOH that
there is a violation of the Ethics in Public Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the
BORROWER in the procurement of, or performance under, this CONTRACT.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 24 of 42 DWSRF Loan Contract (Municipal) v1
Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. The
BORROWER and all subcontractors (if any) will identify any person employed in any capacity by the State of Washington
that worked on this CONTRACT, or any matter related to the Project funded under this CONTRACT or any other state
funded project, including, but not limited to, formulating or drafting legislation, participating in grant procurement, planning
and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this
CONTRACT. Any person identified by the BORROWER and their subcontractors (if any) must be identified individually by
name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by
DOH that a conflict of interest exists, the BORROWER may be disqualified from further consideration for the award of a
grant.
In the event this CONTRACT is terminated as provided above, DOH will be entitled to pursue the same remedies against
the BORROWER as it could pursue in the event of a breach of the CONTRACT by the BORROWER. The rights and
remedies of DOH provided for in this clause shall not be exclusive and are in addition to any other rights and remedies
provided by law. The existence of facts upon which DOH makes any determination under this clause will be an issue and
may be reviewed as provided in Section 4.21 (Disputes) of this CONTRACT.
4.70. DUPLICATE PAYMENT
DOH will not pay the BORROWER, if the BORROWER has charged or will charge the State of Washington or any other
party under any other grant, subcontract, contract, or agreement, for the same services or expenses. The BORROWER
certifies that work to be performed under this CONTRACT does not duplicate any work to be charged against any other
grant, subcontract, contract, or agreement.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 25 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT I: SCOPE OF WORK (PROJECT)
DWSRF PROGRAM
CONSTRUCTION LOAN CONTRACT INFORMATION
APPLICATION #2024-4320, CITY OF BREMERTON, MANGANESE TREATMENT FACILITY (EASTSIDE)
DWSRF Scope of Work Form:
Scope of Work:
Project to include:
1.Submit project report and construction documents to ODWOperations@doh.wa.gov for review and
approval.
2.Submit bid documents to ODWOperations@doh.wa.gov for review and approval.
3.Submit SEPA determination.
4.Complete cultural and historical review process. Submit finalization letter.
5.Construct a new Pump Station 16 at Well 14 site including 3 booster pumps, 8 filter vessels for
manganese treatment, disinfection, piping, carrier piping, electrical, instrumentation, controls, and
SCADA. Construct a concrete backwash settling tank.
6.Install fencing around the Well 14 site.
7.Pave the access to Well 14 and Pump Station 16.
8.Install 1450 feet of 12-inch transmission main to connect Well 13 to Pump Station 16. Install
approximately 1450 feet of 8-inch transmission main to the dedicated transmission at well 13.
9.Submit completed Construction Completion Report to ODWOperations@doh.wa.gov.
In addition to costs of construction, costs may include (but are not limited to): engineering, design, construction
inspection, hydrogeologic assessment, permits, public involvement, preparation of bid documents, fees, taxes, legal,
administrative and audit.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 26 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
APPLICATION #2024-4320, CITY OF BREMERTON, MANGANESE TREATMENT FACILITY (EASTSIDE)
Project Costs by Cost Category:
COST CATEGORY CURRENT ESTIMATES
Engineering Report (Preliminary Engineering) $97,351
Environmental Review $25,000
Historical Review/Cultural Review $25,000
Land/ROW Acquisition $0
Permits $57,569
Public Involvement/Information $10,000
Bid Documents (Design Engineering) $739,606
Construction: Estimated Cost. Provide details on following pages. $5,149,685
Contingency: (10% min, 20% max) $1,028,737
DOH Review/Approval Fees: $8,497
Sales or Use Taxes $443,000
Construction Engineering/Inspection $0
Insurance: $0
Audit: $10,000
Legal: $0
Service Meters (Purchase and Installation) $0
Other: $0
TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) $7,594,445
DWSRF Loan Origination Fee (0%) 0.00
DWSRF Loan Award $7,594,445
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 27 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
APPLICATION #2024-4320, CITY OF BREMERTON, MANGANESE TREATMENT FACILITY (EASTSIDE)
Project Funding:
TYPE OF FUNDING SOURCE CURRENT STATUS
Grants and Other Non-Matching Funds
Grant #1 $
Grant #2 $
Other Grants $
New Grants $
Total Grants and Other Non-Matching Funds $
Loans
This Loan Request DWSRF loan (DWL31532-0)$7,594,445
Other Loan #1 $
Other Loan #2 $
Other Loans $
New Loans $
Total Loans $
Local Revenue
Source #1 $
Source #2 $
Other Local Revenue $
New Local Revenue $
Total Local Revenue $
Other Funds
Other Funds $
Other Funds $
Total Other Funds $
TOTAL PROJECT FUNDING a)$7,594,445
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 28 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
APPLICATION #2024-4320, CITY OF BREMERTON, MANGANESE TREATMENT FACILITY (EASTSIDE)
Engineer’s Certification:
The term of this loan will be based on an engineer’s certification of the expected useful life of the improvements, as stated
below, or 20 years, whichever is less. If the jurisdiction prefers the term of its loan to be less than either 20 years or the
useful life of the improvements, the preferred loan term should be indicated here: __ years.
I, _______________________, licensed engineer, certify that the average expected useful life for the improvements
described above is __ years.
Signed: ____________________________
Name: ____________________________
Date: ____________________________
Telephone: ____________________________
Professional Engineer License Number: _____________
20
David Powell
20
David E Powell
12-1-2025
(360)473-5268
23014765
David Powell
Digitally signed by David Powell
DN: C=US,
E=david.powell@ci.bremerton.wa.us, O=City
of Bremerton, OU=Engineering, CN=David
Powell
Date: 2025.12.01 10:06:41-08'00'
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 29 of 42 Attachment I: Scope of Work
DWSRF Loan Contract (Municipal)
ATTACHMENT II: ATTORNEY’S CERTIFICATION
DRINKING WATER STATE REVOLVING FUND
(MUNICIPAL)
I, ________________________________________________, hereby certify:
I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of BORROWER
identified in the Declarations of the CONTRACT identified above; and
I have also examined any and all documents and records, which are pertinent to the CONTRACT, including, without
limitation, the application requesting this LOAN.
Based on the foregoing, it is my opinion that:
1.BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, in
good standing with the Washington Secretary of State, empowered to receive and expend federal, state, and local
funds, to contract with the State of Washington, and to receive and expend the LOAN AMOUNT to accomplish the
objectives set forth in the CONTRACT and to complete the PROJECT.
2.BORROWER is empowered to accept the Drinking Water State Revolving Fund financial assistance and to
provide for repayment of the LOAN as set forth in the CONTRACT.
3.There is currently no litigation in existence or foreseeable seeking to enjoin the commencement or completion of
the PROJECT or to enjoin BORROWER from repaying the Drinking Water State Revolving Fund LOAN extended
by DOH with respect to such PROJECT. BORROWER is not a party to litigation, which will materially affect its
ability to repay such LOAN on the terms contained in the CONTRACT.
4.Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to
BORROWER.
Any terms not defined in this Attachment are set forth in the General Terms and Conditions or the Declarations Section of
the Drinking Water State Revolving Fund (Municipal) loan agreement between DOH and BORROWER.
__________________________________ _____________________________
Signature of Attorney Date
__________________________________
Name and BAR Number (WSBA No.)
_______________________________________________________________________
Address Line 1
_______________________________________________________________________
Address Line 2
Mychael Raya
Mychael Raya, #39389
11/25/25
345 6th St, Suite 600, Bremerton, WA 98337
Mychael Raya Digitally signed by Mychael Raya
Date: 2025.11.25 16:05:01 -08'00'
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 30 of 42 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT III: FEDERAL AND STATE REQUIREMENTS
(NOT ALL INCLUSIVE)
1)Federal Environmental and Cultural Authorities
a)Archeological and Historic Preservation Act of 1974, Public Law 86-523, as amended
b)Archaeological Resources Protection Act (ARPA), 16 U.S.C. §470 and Public Law 96–95, as amended
c)Clean Air Act, Public Law 84-159 as amended
d)Coastal Zone Management Act, Public Law 92-583 as amended
e)Endangered Species Act, Public Law 93-205 as amended
f)Environmental Justice, Executive Order 12898
g)Floodplain Management, Executive Order 11988 as amended by Executive Order 12148
h)Protection of Wetlands, Executive Order 11990
i)Farmland Protection Policy Act, Public Law 97-98
j)Fish and Wildlife Coordination Act, Public Law 85-624 as amended
k)National Historic Preservation Act, paying particular attention to Section 106 requirements
l)Safe Drinking Water Act, Public Law 93-523 as amended
m)Wild and Scenic Rivers Act, Public Law 90-542 as amended
n)Native American Graves Protection and Repatriation Act (NAGPRA) (25 USC 32) and associated regulations (43
CFR 10)
o)Code of Federal Regulations 40 Part 141, Federal National Primary Drinking Water Regulations (Section Adopted
by Reference)
p)43 C.F.R. §3, Preservation of American Antiquities
q)43 C.F.R. §7, Protection of Archaeological Resources
2)Buy America Build America Requirements
DWSRF construction projects chosen for FFATA/Equivalency reporting must comply with the Buy America Build
America provisions. Projects started prior to May 14, 2022, may be exempt. Visit the EPA website for more
information on the BABA requirements and the waiver process at https://www.epa.gov/cwsrf/build-america-buy-
america-baba.
3)Federal Economic and Miscellaneous Authorities
a)Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive
Order 12372
b)Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act
with Respect to Federal Contracts, Grants, or Loans
c)Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended
d)Debarment and Suspension Regulations, Executive Order 12549 and associated regulations (e.g., 71 F.R.
66431)
e)H.R. 3547, Consolidated Appropriations Act, 2014, Public Law 113-76 as amended
4)Federal Social Policy Authorities
a)Age Discrimination Act of 1975, Public Law 94-135
b)Title VI of the Civil Rights Act of 1964, Public Law 88-352
c)Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water
Act)
d)Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250)
e)Equal Employment Opportunity, Executive Order 11246
f)Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean
Water Act)
g)Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100-
590
h)42 USC 12101 et seq. the Americans with Disabilities Act of 1990 and associated regulations (including, without
limitation, 28 C.F.R. Part 35) (ADA)
i)The Contract Work Hours and Safety Standards Act (40 USC 327-333), as applicable
j)The Genetic Information Nondiscrimination Act of 2008 (GINA), 42 USC s. 2000ff et seq.
k)Federal Hatch Act, 5 USC 1501-1508
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 31 of 42 Attachment III: Federal and State Requirements
DWSRF Loan Contract (Municipal) v1
5)State Laws
a)RCW 27.44, Indian Graves and Records
b)RCW 27.53, Archaeological Sites and Resources
c)RCW 36.70A, Growth Management Act
d)RCW 39.04, Public Works
e)RCW 39.10, Alternative Public Works Contracting Procedures
f)RCW 39.12, Prevailing Wages on Public Works
g)RCW 39.80, Contracts for Architectural and Engineering Services
h)RCW 39.26.180, Contract Management
i)RCW 42.56, Public Records Act
j)RCW 42.17a, Campaign Disclosure and Contributions provision
k)RCW 42.23, Code of Ethics for Municipal Officers-Contract Interests
l)RCW 42.52, Ethics in Public Service
m)Chapter 43.20 RCW, State Board of Health
n)RCW 43.21C, State Environmental Policy Act
o)RCW 43.70, Department of Health
p)RCW 43.155, Public Works Project
q)RCW 49.60, Washington’s Law against Discrimination, including, without limitation, RCW 49.60.530(3),
Contractors and subcontractors with state for public works or for goods or services—Nondiscrimination requirements
r)RCW 51, Industrial Insurance
s)RCW 68.60, Abandoned and Historic Cemeteries and Historic Graves
t)RCW 70.116, Public Water Systems Coordination Act of 1977
u)RCW 70.119, Public Water Supply Systems Certification and Regulation of Operations
v)RCW 70.119A, Public Water Systems, Penalties & Compliances
w)WAC 25-48, Archaeological Excavation and Removal Permit
x)WAC 246-290, Group A Public Water Systems
y)WAC 246-291, Group B Public Water Systems
z)WAC 246-292, Waterworks Operator Certification Regulations
aa) WAC 246-293, Water Systems Coordination Act
bb) WAC 246-294, Drinking Water Operating Permits
cc)WAC 246-295, Satellite System Management Agencies
dd)WAC 246-296, Drinking Water State Revolving Fund Loan Program
ee) WAC 173-160, Minimum Standards for Construction & Maintenance of Wells
ff) WAC 173, Department of Ecology Rules
gg) Governor’s Executive Order 21-02
,
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 32 of 42 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
ATTACHMENT IV: DISADVANTAGED BUSINESS ENTERPRISE
REQUIREMENTS
GENERAL COMPLIANCE, 40 CFR, Part 33
BORROWER must comply with the requirements of Environmental Protection Agency's Program for Utilization of Small,
Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part
33.BORROWER will use the directory of certified firms available through the Washington State Office of Minority and
Women’s Business Enterprises to meet the requirements.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
The following are exemptions from the fair share objective Requirements:
•Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year.
•Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B.
o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular
Area recipients.
•Recipients of Technical Assistance Grants.
The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office
of Minority Women Business are stated below.
Construction 10% MBE 6% WBE
Supplies 8% MBE 4% WBE
Equipment 8% MBE 4% WBE
Purchased Services 10% MBE 4% WBE
BORROWER must accept the fair share objectives/goals stated above and purchase the same or similar construction,
supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority
Women Business goals.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, BORROWER will make the following good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-
recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include:
A.Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients,
this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources.
B.Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages
and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the
bid or proposal closing date.
C.Consider in the contracting process whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include
dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
D.Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
E.Use the services and assistance of the Small Business Administration and the Minority Business Development
Agency of the Department of Health.
F.If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in
paragraphs A through E above.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 33 of 42 Attachment IV: DBE Requirements
DWSRF Loan Contract (Municipal) v1
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
BORROWER is required to submit MBE/WBE participation reports to DOH, on a quarterly basis, beginning with the
Federal fiscal year reporting period BORROWER receives the award and continuing until the project is completed.
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
BORROWER agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
Only procurements with certified MBE/WBEs are counted toward a Contractor’s MBE/WBE accomplishments.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
BORROWER is also required to create and maintain a bidders list if BORROWER of the loan is subject to, or chooses to
follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and
exemptions.
Section 33.501(b) of the rule is as follows:
A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In
addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities
receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified
loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-
MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on
subcontracts under EPA assisted projects, including both MBE/WBEs.
The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA
funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the
identified loan has ended. The following information must be obtained from all prime and subcontractors:
(1) Entity’s name with point of contact;
(2) Entity’s mailing address, telephone number, and e-mail address;
(3) The procurement on which the entity bid or quoted, and when; and
(4) Entity’s status as a MBE/WBE 1 or non-MBE/WBE.
The exemption found at § 33.501(c) is as follows:
A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance
agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal
year, is exempt from the paragraph (b) of this Section requirement to create and maintain a bidders list. Also, a recipient
under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this Section bidders list
requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity
receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is
limited to the paragraph (b) of this Section bidders list requirements of this subpart.
1 Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office
of Minority and Women’s Enterprises at 360-704-1181.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 34 of 42 Attachment V: Certification Regarding Debarment
DWSRF Loan Contract (Municipal) v1
ATTACHMENT V: CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS
United States Environmental Protection Agency
Washington, DC 20460
The terms, “covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered
transaction, principal, and voluntarily excluded”, as used in this attachment, are defined in the rules implementing
Executive Order 12549, including 13 CFR § 400.109. You may contact DOH for help getting a copy of these regulations.
BORROWER, defined as the primary participant and it principals, certifies by signing below that to the best of its
knowledge and belief they:
A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
B.Have not within a three-year (3) period preceding this CONTRACT, been convicted of or had a civil judgment
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of Federal
or State antitrust statutes or embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice;
C.Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local) with commission of any of the offenses described in this attachment; and,
D.Have not within a three-year period (3) preceding the signing of this CONTRACT had one or more public
transactions (federal, state, or local) terminated for cause or default.
Prior to awarding contracts for the PROJECT, BORROWER must verify that neither the contractor’s business name(s) nor
the names of its principals are in the Federal Excluded Parties List System for Ineligible Professionals and Debarred
Contractors (www.SAM.gov). BORROWER must keep documentation in the PROJECT files and provide a copy to the
DOH Contract Manager.
BORROWER will include the language below without modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions:
The lower tier contractor certifies, by signing this CONTRACT that neither it nor its principals are
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the
award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine or imprisonment for up to 5 years, or
both.
Typed or Printed Name & Title of Authorized Representative
__________________________________________________________________
Signature of Authorized Representative Date
I am unable to certify to the above statements. My explanation is attached.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 35 of 42 Attachment VI: DWSRF Eligible Project Costs
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VI: DWSRF ELIGIBLE PROJECT COSTS
Must be directly attributable to the project.
1.The costs for complying with the Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970.
2.DWSRF loan fees.
3.The purchase of a portion of another system’s
capacity, if it is the most cost effective solution
(limited to publicly owned (municipal) systems).
4.Construction of reservoirs (clear wells) that are part
of the treatment process and are collocated with the
treatment facility.
5.Construction of distribution reservoirs (finished
water).
6.Cost associated with restructuring or consolidation of
existing water systems by publicly owned water
systems.
7.Main extensions to connect to safe and reliable
sources of drinking water.
8.Cost associated with collecting and preparing
environmental assessment documents to obtain local
permits.
9.Direct labor including related employee benefits:
a.Salaries and wages (at actual or average rates)
covering productive labor hours of employees of
the borrower (excluding the administrative
organization of the operating unit involved) for
periods of time actively or incidentally engaged
in pre-design engineering, design engineering,
construction engineering, acquisition of rights of
way, and the cleaning, sterilization or
bacteriological testing of water system
components prior to public use. The costs of
services rendered by employees generally
classified as administration/project management
of the loan are considered a direct cost only
when such employees are assigned the types of
services described above and shall be limited to
3% or less of the project loan amount.
b.Employee benefits relating to labor are
considered a direct cost of construction projects.
The following items may be included as
employee benefits:
•F.I.C.A. (Social Security) –employer’s share.
•Retirement benefits.
•Hospital, health, dental, and other welfare
insurance.
•Life insurance.
•Industrial and medical insurance.
•Vacation.
•Holiday.
•Sick leave.
•Military leave and jury duty.
Employee benefits must be calculated as a
percentage of direct labor dollars. The
computation of predetermined percentage rates
to be applied to current labor costs must be
based on the average of total employee benefits
and total labor costs for the prior fiscal year and
adjusted by known current year variations.
c.Other than work identified in Number 9.a, no
costs associated with labor performed by the
borrower’s employees, including force account
work, are eligible for financing assistance.
10.Contract engineering, planning, design, legal, and
financial planning services. The Department of
Health reserves the right to declare ineligible legal
costs that are unreasonable and disproportionate to
the project.
11.Contract construction work.
12.Direct vehicle and equipment charges at the actual
rental cost paid for the equipment or, in the case of
city or county-owned equipment, at the rental rates
established by the local government’s “equipment
rental and revolving fund” following the methods
prescribed by the division of municipal corporations.
However, such costs must be charged on a uniform
basis to equipment used for all projects regardless of
the source of funding. Cities with a population of
eight thousand or less not using this type of fund are
allowed the same rates as used by the State
Department of Transportation.
13.Direct materials and supplies.
14.Other direct costs incurred for materials or services
acquired for a specific project are eligible costs and
may include, but are not limited to such items as:
a.Telephone charges.
b.Reproduction and photogrammetry costs.
c.Video and photography for project
documentation.
d.Computer usage.
e.Printing and advertising.
15.Other project related costs include:
•Competitive Bidding.
•Audit.
•Insurance.
•Prevailing wages.
•Attorney fees.
•Environmental Review.
•Archaeological Survey.
Water system plan costs are not eligible for
reimbursement. Small water system management
program and plan amendments costs are eligible for
reimbursement.
Projects may be designed to accommodate reasonable
growth. This is generally the 20-year projection included
in the system’s water system plan or small water system
management program.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 36 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
ATTACHMENT VII: LABOR STANDARD PROVISIONS FOR
SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES
Wage Rate Requirements Under the Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to
each state which in turn provides subgrants or loans to eligible entities within the state. Typically, the subrecipients are
municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set
forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in
Section I-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the
provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring
subrecipients’ compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary
responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in
Section II-5.
I. Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013 (P.L. 113-6)
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities
when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State
recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,
obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of
Health. If a State recipient needs guidance, they may obtain additional guidance from DOL’s web site at
http://www.dol.gov/whd/.
1. Applicability of the Davis- Bacon (DB) prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and
repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control
revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking
water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties
regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on
that site.
2.Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take
place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for
activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts.
Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the
prime contract.
(i)While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the
wage determination contained in the solicitation remains current. The subrecipients shall amend the
solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the
solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the
closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determination. The State recipient will
provide a report of its findings to the subrecipient.
(ii)If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any
modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be
effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day
period from DOL pursuant to 29 CFR 1.6(c) (3) (iv). The subrecipient shall monitor www.wdol.gov on a weekly
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 37 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an
existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate
DOL wage determination from www.wdol.gov into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime
contractor has required its subcontractors to include the applicable wage determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient’s contract
after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed
to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or
ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a
revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient’s contractor must be compensated for any increases in
wages resulting from the use of DOL’s revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is
entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work
under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in
accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal
agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which
is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the
following clauses:
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the
provisions of paragraph (a)(1)(iv) of this Section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein:
Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classification and wage rates conformed under paragraph
(a)(1)(ii) of this Section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Borrower and its
subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The State award official shall approve a request for an additional classification
and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 38 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), documentation of the action taken and the request, including the local wage
determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the
request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of
Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so
advise the State award official or will notify the State award official within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives,
and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including
the views of all interested parties and the recommendation of the State award official, to the Administrator for
determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of
this Section, shall be paid to all workers performing work in the classification under this contract from the first day on
which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set
aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative
of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal
contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the
wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such
records shall contain the name, address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours
worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 39 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to
the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such
documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the
subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in
compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week.
The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four
digits of the employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission
of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number
and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission
to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
Section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and
shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR
part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into
the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this
Section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this Section available for
inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor
fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make
such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 40 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is
performing construction on a project in a locality other than that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered
program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable
wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined
rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part
30.
(5) Compliance with Copeland Act requirements. The Borrower must comply with the requirements of 29 CFR part 3,
which are incorporated by reference in this contract.
(6) Subcontracts. The Borrower and/or subcontractor must insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of
the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 41 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such disputes will be resolved according to the procedures of
the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or
the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, Borrower certifies that neither it (nor he or she) nor any person or firm who has an
interest in the Borrower’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in
paragraphs (a)(1), (2), (3), and (4) of this Section in full in any contract in an amount in excess of $100,000 and subject to
the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition
to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a)(1) of this Section the contractor and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in paragraph (a)(1) of this Section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this Section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award
Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (b)(2) of this Section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph
(a)(1) through (4) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (a)(1) through (4) of this Section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and
Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause
requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address
of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such
contract a clause providing hat the records to be maintained under this paragraph shall be made available by the
DWL31532-0 City of Bremerton Manganese #2024-4320 Page 42 of 42 Attachment VII: Labor Standards Provisions
DWSRF Loan Contract (Municipal) v1
contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of
agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
5. Compliance Verification
(a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages
(covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29
CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445)
or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract.
Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a
risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage
requirements. All interviews shall be conducted in confidence."
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that
contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot
check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors
and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll
data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the
completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot
check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In
addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder
by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify
registration and certification with respect to apprenticeship and training programs approved by either the U.S Department
of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of,
laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks
and interviews described in Item 5(b) and (c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department
of Health and to the appropriate DOL Wage and Hour District Office listed at
https://www.dol.gov/whd/WHD_district_offices.pdf.
11/25/2025 Ref#:16665
Washington State Department of Health
Attn: Eloise Rudolph
P.O. Box 47822
Olympia, WA 98504-7822
Re: City of Bremerton
Drinking Water State Revolving Fund Loan Contract #DWL31532-0
Evidence of Coverage
The City of Bremerton is a member of the Washington Cities Insurance Authority (WCIA), which
is a self-insured pool of over 160 public entities in the State of Washington.
WCIA has at least $4 million per occurrence limit of liability coverage in its self-insured layer that
may be applicable in the event an incident occurs that is deemed to be attributed to the
negligence of the member. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
WCIA provides contractual liability coverage to the City of Bremerton. The contractual liability
coverage provides that WCIA shall pay on behalf of the City of Bremerton all sums which the
member shall be obligated to pay by reason of liability assumed under contract by the member.
WCIA was created by an interlocal agreement among public entities and liability is self-funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc: Melisa Folmer
Attachment 2
PROJECT LOCATION MAP - MANGANESE TREATMENT PLANT AND PS 16
PROJECT LOCATION MAP - MANGANESE TREATMENT PLANT AND PS 16
Attachment 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Public Hearing on Interlocal Agreement with
the Port of Port Angeles for Sale and
Purchase of Surplus Emergency Fire and
Rescue Boat
COUNCIL MEETING Date: February 4, 2026
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5380
SUMMARY: The City of Bremerton desires to enter an interlocal agreement (ILA) with the Port of
Port Angeles for the sale of the fire department’s 1991 Fire and Rescue Boat, a Northwind 32
Pilothouse Boat and Trailer. The total purchase price shall be $59,895.00
ATTACHMENTS: Interlocal Agreement with Port of Port Angeles
FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact would be $55,000 of revenue.
This will help offset the grant match for the new marine asset.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement for Sale and Purchase of Surplus Emergency Fire and
Rescue Boat between City of Bremerton and Port of Port Angeles; and authorize the Fire Chief 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 04/19/2024
B5
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BREMERTON
AND THE PORT OF PORT ANGELES
FOR THE SALE AND PURCHASE OF SURPLUS EMERGENCY FIRE AND RESCUE BOAT
This Interlocal Agreement (“Agreement”) is entered into this ___ day of ________, 202__, by
and between the City of Bremerton , herein known as “Bremerton ”, a municipal
corporation of the State of Washington (“Selling Agency”), and the Port of Port Angeles,
herein called the “Port”, a local government corporation of the State of Washington
(“Purchasing Agency”).
This Agreement is made pursuant to the authority granted under Chapter 39.34 RCW
(Interlocal Cooperation Act) and Chapter 39.33 RCW (Intergovernmental Disposition of
Property Act), which authorize local government entities to cooperate and transfer property
in the public interest.
RECITALS
WHEREAS, the City of Bremerton’s Fire Department operates emergency services and has
declared certain emergency response vehicles and related equipment surplus to its
current needs in accordance with RCW 39.33.020; and
WHEREAS, the Port of Port Angeles desires to acquire such surplus 1991 Fire and Rescue
Boat, a Northwind 32 Pilothouse & Trailer for official Port use; and
WHEREAS, both agencies find that the transfer of such property will promote efficient use
of public resources, enhance emergency response capabilities, and serve the public
interest;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. PURPOSE
The purpose of this Agreement is to set forth the terms and conditions under which
Bremerton will sell and transfer, and the Port will acquire, certain surplus emergency vessel
and related equipment.
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
2. AUTHORITY
This Agreement is entered pursuant to BMC 2.76.150 and RCW 39.34 (Interlocal
Cooperation Act) and RCW 39.33 (Disposition of Property Act), which authorize one public
agency to sell, transfer, or lease property to another without public bidding when it serves
the public interest.
This Agreement does not create a separate legal or administrative entity.
3. SURPLUS VEHICLES AND EQUIPMENT
a. Bremerton agrees to transfer ownership of the surplus 1991 Northwind fire and rescue
boat and associated equipment listed in Exhibit A (“Surplus Emergency Marine Fire and
Rescue Boat List”) to the Port of Port Angeles.
b. The vehicles are sold on an “as is, where is” basis. Bremerton makes no representations
or warranties, express or implied, regarding vehicle condition, merchantability, or fitness
for a particular purpose.
c. The Port acknowledges it has had the opportunity to inspect and test each vehicle and
accepts full responsibility for ensuring each vehicle meets applicable operational and
safety standards before being placed into service.
4. PURCHASE PRICE AND PAYMENT
a. The total purchase price shall be $59,895.00, as itemized in Exhibit A and per the terms
and conditions in attached purchase order.
b. Payment shall be made by check or electronic transfer to Bremerton within 60 days after
execution of this Agreement and delivery of the vessel, whichever occurs first.
c. Bremerton shall provide invoices and documentation necessary to complete the
transaction.
d. Handling. No charges will be allowed for handling, including but not limited to packing,
wrapping bags, containers or reels, unless otherwise stated herein
5. TRANSFER OF TITLE AND DELIVERY
a. Upon receipt of full payment, Bremerton shall execute and deliver to the Port all
necessary Washington State vehicle title documents, along with any associated
maintenance or service records.
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
b. The Port shall be responsible for transportation, licensing, and insurance of the vehicles
upon transfer, unless otherwise agreed in writing.
c. For any exception to the delivery date as specified in this Contract, City of Bremerton
shall give prior notification and obtain written approval thereto from the Port . The
acceptance by the Port of late performance with or without objection or reservation shall
not waive the right to claim damage for such breach nor constitute a waiver of the
requirements for the timely performance of any obligation remaining to be performed by
Vendor.
Bremerton Fire shall be responsible for delivery to the Port at 1301 Marine Drive, Port
Angeles, Washington, between the hours of 8:00 AM and 2:30 PM during the Port ’s normal
workday. Delivery shall be made within the time period specified and the City will provide
proof of automobile insurance upon request.
d. Liens, Claims and Encumbrances. City warrants and represents that all the goods and
materials ordered herein are free and clear of all liens, claims, or encumbrances of any
kind.
6. SPECIAL PROVISIONS FOR EMERGENCY VEHICLES
a. Per RCW 46.37.190 and WAC 204-36-020, Bremerton shall remove or disable any city-
specific markings, logos, insignias, emergency radio frequencies, light equipment, or
restricted-use equipment prior to transfer, unless explicitly included in Exhibit A and
authorized for use.
b. The Port shall ensure compliance with Washington State Patrol, Department of
Licensing, and Department of Labor & Industries requirements applicable to emergency
response vehicles.
c. Any modifications necessary for compliance, including installation of new light bars,
sirens, or radios, shall be the responsibility of the Port .
7. LIABILITY AND INDEMNIFICATION
Each party shall be responsible for its own acts and omissions and those of its officers,
employees, and agents. Neither party shall be responsible for the acts or omissions of the
other.
To the extent permitted by law, each party agrees to indemnify, defend, and hold harmless
the other party, its officers, employees, and agents from any claims, damages, or liabilities
arising out of its own performance or failure to perform under this Agreement.
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
8. RECORDS AND AUDIT
Each party shall maintain complete and accurate records related to this Agreement for a
period of six (6) years and make such records available for inspection or audit as required
by law.
9. TERM AND TERMINATION
This Agreement shall become effective upon full execution by both parties and filing or
posting in accordance with RCW 39.34.040. It shall remain in effect until all property and
payments have been transferred, unless earlier terminated by mutual written agreement.
10. ADMINISTRATION AND COMMUNICATIONS
The following officials are designated as administrators of this Agreement and are
designated as the contacts for any communications as needed via telephone, email, mail
or in person to relay information and answer questions:
• For the Bremerton Fire Department:
Pat McGanney, Fire Chief, Bremerton Fire Department, 360-473-5380,
Patrick.McGanney@ci.bremerton.wa.us
Bremerton Fire Department
911 Park Avenue
Bremerton, WA 98337
• For the Port of Port Angeles:
Scot Hough, (360) 417- 3446,
Port of Port Angeles
____________________
Port Angeles, WA 98362
11. AMENDMENTS
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
This Agreement may be amended only by mutual written consent of both parties.
12. CHANGES: No alteration in any of the terms, conditions, delivery price, quality,
quantities, or specifications will be effective without written consent of the
appropriate representative of the parties.
13. ENTIRE AGREEMENT
This document contains the entire agreement between the parties and supersedes any
prior oral or written understandings relating to its subject matter.
14. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder shall remain in full force
and effect.
15. FILING
A fully executed copy of this Agreement shall be filed with the City Clerks of both agencies
and/or posted on their official websites, pursuant to RCW 39.34.040.
16. COUNTERPART. This Agreement may be signed in counterpart originals and each will be
deemed an original but all counterparts together constitute one instrument.
IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement as of the date
first written above.
Approval Signatures on Following Page
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
CITY OF BREMERTON
By: _______________________________
Name: Chief Pat McGanney
Title: Fire Chief
Date: _____________________________
ATTEST: ___________________________
Angela Hoover, City Clerk
Port OF PORT ANGELES
By: _______________________________
Name:_______________________
Date: ______________________
Title: City Clerk
Date: _____________________________
ATTEST: ___________________________
________________, City Clerk
ILA for the Purchase and Sale of Surplus Northwind 32 Pilot House and Trailer
Exhibit A – Surplus Marine Fire Rescue Boat
Vehicle
ID Description LIC# Year Mileage Equipment
Included Price Condition
2141 Northwind
Pilothouse 21240C 1991 Trailer $55,000 Good
WSST
$4,895.00
Port of Port Angeles Purchase Order
Revised March 18, 2025
PURCHASE ORDER
GOODS & PURCHASED SERVICES
VENDOR: City of Bremerton
ADDRESS: 911 Park Ave., Bremerton, WA 98337
EMAIL: Patrick.mcganney@ci.bremerton.wa.us
PHONE: 360-473-5381
THIS PURCHASE ORDER is issued by the Port of Port of Angeles for the furnishing of
goods or services described as:
ITEM UNIT COST QUANTITY TOTAL W/ SALES TAX
City of Bremerton – 1991
Northwind 32 Pilothouse & Trailer
*(Full & Final Payment due upon
possession)
$55,000.00 1 $55,000.00
8.9% WSST 8.9% 1 $4,895.00
Non-Refundable Deposit
*(Applies Fully Towards Purchase Price) $5,000.00 1 $59,895.00
*See Note
TOTAL PURCHASE ORDER NOT TO EXCEED:
*Non-Refundable Deposit not included in calculation
$ 59,895.00
Sales tax will be added by the Port to each invoice when applicable for remittance to the
vendor who is responsible for appropriate payment to the taxing jurisdictions.
TIME AND SCHEDULE OF PURCHASE ORDER:
Delivery of goods or services must be received by the Port pending the completion of
the equipment build.
DELIVER TO: 1301 Marine Drive, Port Angeles, WA 98362 unless specified below.
Per “Attachment A” the quoted price includes delivery and set up of the machine at the
Port of Port Angeles.
This purchase Order is subject to the Port Terms and Conditions incorporated herein.
PORT OF PORT ANGELES CITY OF BREMERTON
By: By:
Paul Jarkiewicz
Title: Executive Director Title:
Date: Date:
Contact/Phone: Scott Hough / 360.417.3446 Contact: Pat McGanney / 360.473.5381
Revised March 18, 2025
PORT OF PORT ANGELES
PURCHASING TERMS & CONDITIONS
1. Entire Agreement: The Purchase Order
represents the entire and integrated agreement
between the Port and the Vendor. It supersedes
all prior discussions, negotiations,
representations or agreements, whether written
or oral. In the event of a conflict between the
Purchase Order documents and applicable laws,
codes or regulations the most stringent
requirements of any of the above shall govern
and be considered as a part of this Purchase
Order. The Purchase Order shall be construed in
accordance with the laws of the State of
Washington. Venue for any action between the
Port and the Vendor, arising out of or in
connection with this Purchase Order shall be in
Clallam County, Washington.
2. Definitions: "Buyer" means Port of Port
Angeles. "Vendor" means the party with whom
Buyer is Purchasing and any reference to
“Seller”, or "Supplier" shall also mean "Vendor".
The term "Purchase Order" or "Order" shall
mean the name or title of the instrument of
purchasing, including all documents, exhibits,
and attachments referenced therein.
3. Brands: Brands of equal quality, performance
and use may be considered, provided Vendor
specifies the brand and model and submits
descriptive literature, when available. Any offer
of a brand which is not equal to the quality,
performance, or use specified must be
represented as an alternate and not as an equal,
and failure to do so shall be sufficient reason to
disregard the offer.
4. Changes: No alteration in any of the terms,
conditions, delivery, prices, quality, quantities, or
specifications of this order will be effective
without written order of the Port. Unauthorized
substitutions will be made entirely at Vendor's
risk and, at the Port’s option, may be returned
without prior authorization at Vendor's expense.
5. Handling: No charges will be allowed for
handling which includes, but is not limited to
packing, wrapping, bags, containers or reels,
unless otherwise stated herein.
6. Identification: All invoices, packing lists,
packages, shipping notices, instruction manuals,
and other written documents affecting this order
shall contain the purchase order number.
Packing lists shall be enclosed in each and every
box or package shipped pursuant to this order
and shall specify contents therein.
7. Delivery: For any exception to the delivery
date as specified on this order, Vendor shall give
prior notification and obtain written approval from
the Buyer. With respect to delivery under this
order, time is of the essence. The order is
subject to termination for failure to deliver as
specified. The acceptance of late performance
with or without objection or reservation shall not
waive the right to claim damage for such breach
nor constitute a waiver of the requirements for
the timely performance of any obligation
remaining to be performed by Vendor.
8. Shipping Instructions: Unless otherwise
specified, all goods are to be shipped prepaid,
FOB destination. When shipment is specified
FOB origin, Vendor agrees to prepay all shipping
charges, route as instructed and, if instructions
are not provided, route by most economical
common carrier and to bill Buyer as a separate
item on the invoice for said charges. If shipping
charges are expected to exceed $100.00, Buyer
shall have the option of determining whether
shipping shall be prepaid by Vendor or billed
directly to Buyer. Vendor's invoice for shipping
charges shall include a copy of the freight bill
showing that payment for shipping charges has
been made. It is agreed that Buyer reserves the
right to refuse COD shipments.
9. Risk of Loss: Regardless of FOB point,
Vendor agrees to bear all risks of loss, injury or
destruction of goods and materials ordered
herein which occur prior to delivery. Such loss,
injury or destruction shall not release Vendor
from any obligation hereunder.
10. Term: Any term specified in the solicitation
or specification shall prevail. Should this be a
one-time purchase, the Contract shall
commence on the date the Port signs the same
and shall expire sixty (60) days after delivery and
acceptance of last item. If a Contract award, this
contract shall be for the term specified in the
solicitation, and if not specified shall be one year,
with a one-year extension allowed at the option
of the Port. Such extensions shall be automatic,
and shall go into effect without written
confirmation, unless the Port provides advance
notice of the intention to not renew. The Vendor
may provide also provide a notice to not extend,
but must provide such notice at least 45 days
prior to the otherwise automatic renewal date.
11. Independent Agent: The Vendor or its
employees or agents performing under this
Purchase Order are not employees or agents of
the Port. Conduct and control of the work will be
solely with the Vendor.
Revised March 18, 2025
PORT OF PORT ANGELES
PURCHASING TERMS & CONDITIONS
12. Assignments: The provisions or monies due
under this Purchase Order shall only be
assignable with prior written consent of the Port.
Shipment and billings made under any name
other than Vendor’s must indicate that shipment
is being made through and is subject to all
instructions, terms and conditions of this Order.
13. Infringements: Vendor agrees to protect
and save harmless the Buyer against all claims,
suits or proceedings for patent, trademark,
copyright or franchise infringement arising from
the purchase, installation, or use of goods and
materials ordered, and to assume all expenses
and damages arising from such claims, suits or
proceedings.
14. Liens: Vendor warrants and represents that
all the goods and materials furnished pursuant to
this order are free and clear of all liens, claims or
encumbrances of any kind.
15. Workers Right to Know: “Right to Know”
legislation required the Department of Labor and
Industries to establish a program to make
employers and employees more aware of the
hazardous substances in their work
environment. WAC 296-800-108 requires that all
manufacturers/distributors of hazardous
substances must include with each delivery
Material Safety Data Sheets (MSDS) for each
hazardous material. Additionally, each container
of hazardous material must be appropriately
labeled with: the identity of the hazardous
material, appropriate hazardous warnings, and
the name and address of the chemical
manufacturer, importer, or other responsible
party. Labor and Industries may levy appropriate
fines against employers for noncompliance and
agencies may withhold payment pending receipt
of a legible copy of the MSDS. OSHA Form 20 is
not acceptable in lieu of this requirement unless
it is modified to include appropriate information
relative to “carcinogenic ingredients: and “routes
of entry” of the product(s) in question.
16. Warranties: Vendor warrants that articles
supplied under this order conform to
specifications herein, are properly packaged,
proper instructions and warnings are supplied,
that all goods comply with applicable safety and
health standards, and are fit for the purpose or
which such goods are ordinarily employed,
except that if a particular purpose is stated, the
material must also be fit for that particular
purpose.
17. Nonwaiver by Acceptance of Variation:
Acceptance by the Port of unsatisfactory
performance with or without objection or
reservation shall not waive the right to claim
damage for breach, or termination, nor constitute
a waiver of requirements for satisfactory
performance of any obligation remaining to be
performed by Vendor
18. Payments, Cash Discount, Late Payment
Charges: Separate numbered invoices are
required for each order. Invoice only for goods
delivered. Invoices will not be processed for
payment nor will the period of computation for
cash discount commence until receipt of a
properly completed invoice or when invoiced
items are received, whichever is later. If an
adjustment in payment is necessary due to
damage or dispute, the cash discount period
shall commence on the date final approval for
payment is authorized. Unless otherwise stated,
standard payment terms shall be net thirty days
following month of invoice date. If Buyer fails to
make timely payment, Vendor may invoice for
one percent per month on the amount overdue,
or a minimum of one dollar. Payment shall not be
considered late if a check or warrant is available
or mailed within the time specified. The Port
cannot accept requests for prepayment or down
payment. For contracts where Prevailing Wages
are required, the Vendor must include a
statement that certifies Prevailing Wages have
been paid by the Vendor.
19. Taxes: Unless otherwise specified, Buyer
agrees to pay all state of Washington sales or
use tax. No charge by Vendor shall be made for
federal excise taxes and Buyer agrees to provide
exemption certificates when required.
20. Prices: Vendor agrees that goods shall be
billed at the lowest price at which it offers to sell
or sells goods of the same description at or
before time fixed in this order for shipment, if
price is not stated on this order.
21. Rejection: All goods or materials purchased
herein are subject to approval by the Port. Any
rejection of goods or material resulting because
of nonconformity to the terms and specifications
of this order, whether held by the Port or
returned, will be at Vendor's risk and expense.
Revised March 18, 2025
PORT OF PORT ANGELES
PURCHASING TERMS & CONDITIONS
22. Nondiscrimination: The Vendor agrees not
to discriminate against any client, employee or
applicant for employment or services because of
race, creed, color, national origin, sex, marital
status, age, sexual orientation, gender identity,
or the presence of any sensory, mental or
physical handicap, unless based upon a bona
fide occupational qualification It is further
understood and agreed that any Vendor who is
in violation of this clause or an applicable
affirmative action program shall be barred
forthwith from receiving awards of any purchase
order from the Port unless a satisfactory showing
is made that discriminatory practices or
noncompliance has terminated and that a
recurrence of such acts is unlikely.
23. No Gifts and Gratuities: Vendor shall not
directly or indirectly offer anything of value (such
as retainers, loans, entertainment, favors, gifts,
tickets, trips, favors, bonuses, donations, special
discounts, work, or meals) to any Port employee,
or official, if it is intended or may appear to a
reasonable person to be intended to obtain or
give special consideration to the Vendor.
24. Save Harmless: Vendor shall protect,
indemnify, and save the Buyer harmless from
and against any damage, cost or liability for any
injuries to persons or property arising from acts
or omissions of Vendor, its employees, or
agents.
25. Insurance: If the Vendor is performing
services on Port premises the following
insurance is required. If the Vendor is making
deliveries only then the automobile liability
insurance only is required. Vendor shall maintain
at its own expense at all times during the term of
this Purchase Order the following insurance with
limits of liability specified:
A. Commercial General Liability (CGL)
insurance, including:
- Premises/Operations
-Products/Completed Operations
- Personal/Advertising Injury
- Contractual/ Independent Vendors
-Stop Gap/Employers Liability
With minimum limits of liability of $1,000,000
each occurrence combined single limit (“CSL”)
bodily injury and property damage;
B. Automobile Liability insurance, including
coverage for owned, non-owned, leased or hired
vehicles with a minimum limit of liability of
$1,000,000 CSL;
C. Worker’s Compensation for industrial injury to
Vendor’s employees.
The Port of Port Angeles shall be included as an
additional insured under CGL and Automobile
Liability insurance for primary and non-
contributory limits of liability.
All insurers must be rated A VI or higher in the
current A.M. Best's Key Rating Guide and
licensed to do business in the State of
Washington unless coverage is issued as
surplus lines by a Washington Surplus lines
broker.
Prior to performance of any scope of work,
Vendor shall provide certification of insurance
acceptable to the Port evidencing the minimum
coverages and limits of liability and other
requirements specified herein. Such certification
must document that the Port of Port Angeles is
an additional insured on a primary and non-
contributory basis.
26. Default: In the event of breach by Vendor of
any of the provisions of this Purchase Order, the
Buyer reserves the right to terminate this
Purchase Order forthwith upon giving oral or
written notice to Vendor. Vendor shall be liable
for damages suffered by Buyer resulting from
Vendor's breach of Purchase Order. The parties
agree that in the event a suit is instituted for any
default, the prevailing party shall recover its
costs and reasonable attorney's fees.
27. Termination for Convenience: The Port
may terminate this Purchase Order at any time
for government convenience, in which case it
shall provide notice to the Vendor and reimburse
the Vendor for its costs and fees incurred prior to
the notice of termination.
28. Audit: Upon request, Vendor shall permit the
Port and any other governmental agency
involved in the funding of the Work to inspect and
audit all pertinent books and records of Vendor,
any subvendor, or any other person or entity that
performed work in connection with or related to
the Work, at any and all times deemed
necessary by the Port, including up to six years
after the final payment.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Contract Modification No. 8 with Parametrix,
Inc. for Engineering Services for the Kitsap
Lake Park Renovation Project
COUNCIL MEETING Date: February 4, 2026
Department: Parks & Recreation
Presenter: T. Barker
Phone: (360) 473-5428
SUMMARY: The proposed Contract Modification No. 8 is for $7,627.44, which brings the total
contract amount to $264,238.13. The added scope of work includes engineering services for an
extended 5 months of work, engineering services during construction beyond the previous scope
(boat ramp extension), and irrigation design revisions. These items have been added to the contract
by request of city staff.
ATTACHMENTS: 1) Exhibit A: Scope of Work; 2) Contract Change Order No.8
FISCAL IMPACTS (Include Budgeted Amount): The change order is within the approved $1.6M
project budget. Fund 310 (Parks Capital; Budget Code 594.7659; Account Code 56510 (Approved in
the 2025 Budget will be carried over to 2026)
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 8 with Parametrix, Inc; 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 04/19/2024
B6
Scope of Work
3505 NW Anderson Hill Rd, Suite 200 • Silverdale, WA 98383 | 360.377.0014 | Parametrix.com
Exhibit A
City of Bremerton
Kitsap Lake Park Renovation Project
Change Order 8 – Additional Engineering Services During Construction
Introduction
This document describes Parametrix’s proposed scope of work (SOW) for Change Order 8 under our
existing contract. The purpose of Change Order 8 is to request budget for the following services:
1. Project Management and Meetings for extended 5 additional months of work.
2. Engineering services during construction beyond previous scope.
3. Irrigation design beyond previous scope.
A proposed schedule is included in this scope as Exhibit B and our proposed budget is attached as
Exhibit C.
Task 1 – Project Management and Meetings
Objective
Continue project management through the substantial completion of the project.
Activities
The following activities will be performed as part of this task:
Provide routine project management and communications (scope, schedule, budget, and
invoicing).
Prepare monthly progress reports and progress billings and submit to the City for approval
and payment.
Deliverables
The following deliverables are associated with this task:
Routine correspondence and monthly invoices and progress reports
Meeting agendas and notes.
Assumptions
The following assumptions apply to this task:
Project duration is expected to take an additional 4 months beyond the previous estimate
because of the extended construction schedule.
Scope of Work
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 2 December 2025
Change Order 8 – Additional Engineering Services
Task 6 – Engineering Services During Construction
Objective
The following objectives apply to this task:
Receive compensation for previously performed engineering services during construction
completed beyond previous scope.
Receive compensation for the previously performed for boat launch extension research and
coordination.
Activities
The following activities have been previously performed as part of this task:
Attended virtual meetings as requested.
Attended site walk at the request of the City.
Coordinated with permitting agencies and boat ramp vendor as requested.
Revised design documents in response to changes encountered during the construction.
Deliverables
The following activities will be performed as part of this task:
Electronic copies of email coordination with permitting agencies and vendor.
Assumptions
The following assumptions apply to this task:
No additional work will be completed beyond previously completed work.
Task 7 – Irrigation Design
Objective
The following objectives apply to this task:
Receive compensation for previously performed irrigation design completed beyond previous
scope.
Addition of construction support services (limited to RFI responses as needed).
Activities
The following activities have been previously performed as part of this task:
Coordinated with City Parks staff about irrigation design.
Redesigned irrigation design to use Rainbird instead of Hunter.
Developed and provide design documents for irrigation design.
The following activities will be performed as part of this task:
Response to RFIs (as needed, not to exceed 4 hours total).
Scope of Work
City of Bremerton 233-1896-174
Kitsap Lake Park Renovation Project 3 December 2025
Change Order 8 – Additional Engineering Services
Deliverables
The following activities will be performed as part of this task:
Electronic copies of irrigation plan sheet Draft and Final design documents.
Assumptions
The following assumptions apply to this task:
No additional work will be completed beyond previously completed work.
Exhibit B - Schedule
Work Element Completed By
Notice to Proceed December 15, 2025
Construction
Complete
March 1, 2026
Exhibit C
Client: City of Bremerton
Project:Kitsap Lake Park Improvements
Project No:233-1896-174
Robert Golembiewski IIJason CeraldeDarren SandenoKyle HaleJean Johnson3.0 Project CoordinatorProject ManagerSr. PlannerProject AccountantSr. Contracts Specialist$104.34 $158.88 $264.84 $110.73 $198.39
Task Description Labor Dollars Labor Hours
01.A Project Management and Meetings $2,331.36 18 6 6 0 5 1
NEW Project Management and Coordination (5 mo.) including scoping CO8 $2,331.36 18 6 6 5 1
06.A Schedule A Eng Services During Construction $1,588.80 10 0 10 0 0 0
Boat Ramp Extension $1,588.80 10 10
07 Irrigation Design $3,707.28 22 0 20 2 0 0
Irrigation Design Plans (1 plan, 1 detail sheet)$3,707.28 22 20 2
Labor Totals:50 6 36 2 5 1
Totals: $7,627.44 $626.04 $5,719.68 $529.68 $553.65 $198.39
Other Direct Expenses
Mileage - $0.70/mile $0.00
Other Direct Expenses Total:$0.00
Project Total $7,627.44
Billing Rates:
12/12/2025 ExhibitC_Cost Est_121025.xlsx
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 08
PROJECT NAME: KITSAP LAKE PARK RENOVATION PROJECT
PROJECT NO: 59163 CONTRACTOR: PARAMETRIX, INC.
ORIGINAL CONTRACT AMOUNT: 113,889.00 DAYS: March 2021
PREVIOUSLY APPROVED
CHANGES:
142,721.69 DAYS: 0
THIS CHANGE: 7,627.44 DAYS: January 2026
REVISED CONTRACT AMOUNT: 264,238.13 DAYS: January 2026
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to complete
the Change Order Items. The increase or decrease in c ontract price shown below includes any
applicable taxes.
Rule 170 Rule 171 DESCRIPTION OF CHANGES INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
X
Contract Modification No. 8
Added SOW to include:
1. NEW Project management and meetings for extended 5
months of work.
2. Engineering services during construction beyond
previous scope (boat ramp extension)
3. Irrigation design (plan & details) revisions
7,627.44
0.00
January
2026
NET CHANGE IN CONTRACT AMOUNT
INCREASE OR (DECREASE)
7,627.44
0.00 0
ESTIMATED SALES TAX AT 9.0% 0.00 0.00
TOTAL INCLUDING SALES TAX 7,627.44
0.00 0
CONTRACT CHANGE ORDER NO: _08_
PROJECT NAME: KITSAP LAKE PARK RENOVATION PROJECT
Page 2 of 2
Change Order
Rev. 06/2018
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this Change
Order, including, without limitation, claims related to contract time, on -site or home office overhead, or
lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance.
The undersigned Contractor approves the foregoing Change Order 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 Change Order.
This document will become a supplement of the contract and all provisions will apply her eto. It is
understood that this Change Order 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 change order
that is binding on the parties of this co ntract. In addition, Contractor 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.
CONTRACTOR
Approved: DATE:
PROJECT MANAGER
Recommended: DATE:
CITY ENGINEER
Council action is required as project cost will exceed approved budget. Yes No
Council action is required as change exceeds Mayors authority per BMC 2.76.110. Yes No
Recommended: DATE:
DIRECTOR OF PARKS AND RECREATION
Recommended: DATE:
MAYOR
Approved: DATE:
APPROVED AS TO FORM: ATTEST:
___
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Washington State Department of Ecology
2025-2027 Biennial Stormwater Capacity
Grant
COUNCIL MEETING Date: February 4, 2026
Department: PW&U - Stormwater
Presenter: Will Riley
Phone: (360) 473-5207
SUMMARY:
This is a $120K no-match grant from the Department of Ecology to support Stormwater Permit
Implementation. Funds are used to purchase supplies and tools, treatment system materials, and
other equipment and materials to support MS4 permit compliance. Staff training is also supported
with the grant.
ATTACHMENTS:
Department of Ecology Agreement No. WQSWCAP-2527-BremPW-00153
FISCAL IMPACTS (Include Budgeted Amount):
No match, $120,000 grant.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the 2025-2027 Biennial Stormwater Capacity Grant with the Washington State
Department of Ecology; 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 04/19/2024
B7
Agreement No. WQSWCAP-2527-BremPW-00153
WATER QUALITY STORMWATER CAPACITY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology,
hereinafter referred to as “ECOLOGY,” and City of Bremerton, hereinafter referred to as the “RECIPIENT,” to carry
out with the provided funds activities described herein.
2025-2027 Biennial Stormwater Capacity Grant
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater
programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged
to state water bodies.
$120,000.00
$120,000.00
$120,000.00
$0.00
07/01/2025
03/31/2027
Capacity Grant
Page 2 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number: HV84RG6NYNG4
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Bremerton
91-6001231
100 Oyster Bay Ave N
Bremerton, WA 98312
345 6th Street, Bremerton, WA 98337
Bremerton, Washington 98337
Will Riley
Stormwater Program Manager
345 6th Street, Bremerton, WA 98337
Bremerton, Washington 98337
Email: will.riley@ci.bremerton.wa.us
Phone: (360) 473-5929
Authorized
Signatory
Cassidy Gengenbach
Accountant/Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: cassidy.gengenbach@bremertonwa.gov
Phone: (360) 473-5498
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 600
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
chance.berthiaume@ci.bremerton.wa.us
Template Version 12/10/2020
Page 3 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 628-3890
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 12/10/2020
Page 4 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
City of Bremerton
Jon Kenning, PhD
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020
Page 5 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
Interim Director of PW&U Date
Chance W Berthiaume
Template Version 12/10/2020
Page 6 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
SCOPE OF WORK
Task Number:1 Task Cost: $2,000.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of
Grants and Loans) recipient closeout report (including photos, if applicable). In the event that the RECIPIENT elects to
use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and
management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for,
receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact
information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout
Report.
* Properly maintained project documentation.
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least
quarterly.
1.2 Recipient Closeout Report (EAGL Form).
Template Version 12/10/2020
Page 7 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
SCOPE OF WORK
Task Number:2 Task Cost: $118,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permit requirements. If the RECIPIENT is out of compliance with the Municipal Stormwater National
Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will use funds to attain compliance where
applicable. The following is a list of elements projects may include:
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges .
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development , redevelopment, and construction sites,
including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review or inspection staff.
d) Participation in applicable watershed planning effort .
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater
pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (Total Maximum Daily Load
(TMDL)). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan
(QAPP) that ECOLOGY approves prior to awarding funding for monitoring . Monitoring must directly meet a Phase I
or II permit requirement.
9) Structural stormwater controls program activities (Phase I permit requirement).
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement .
c) Staff training.
11) Equipment purchases that result directly in improved permit compliance. Equipment purchases must be specific to
implementing a permit requirement (such as a vactor truck) rather than general use (such as a pick-up truck).
Equipment purchases over $5,000.00 must be pre-approved by ECOLOGY.
Documentation of all tasks completed is required. Documentation may include field reports, dates and number of
inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and
removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs,
summaries of structural or source control activities, summaries of how equipment purchases have increased or
Template Version 12/10/2020
Page 8 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
improved permit compliance.
Ineligible expenses include capital construction projects, incentives or give-a-ways, grant application preparation,
Technology Assessment Protocol - Ecology (TAPE) review for proprietary treatment systems, or tasks that do not
support Municipal Stormwater Permit implementation.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTs will implement measures required by Phase I and II NPDES permits .
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
Template Version 12/10/2020
Page 9 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
BUDGET
Funding Distribution EG260205
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:2025-2027 Stormwater Capacity Grant
Title:
State
Model Toxics Control Stormwater Account (MTCSA)
100%
MTCSA
Type:
Funding Source %:
Description:
FDFund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Funding Source:
Funding Expiration Date:Funding Effective Date:07/01/2025 03/31/2027
Funding Type:Grant
2025-2027 Stormwater Capacity Grant Task Total
Grant and Loan Administration 2,000.00$
Permit Implementation 118,000.00$
120,000.00$Total:
Template Version 12/10/2020
Page 10 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%120,000.00 120,000.000.000.002025-2027 Stormwater
Capacity Grant
Total $$0.00 120,000.00 $120,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
Template Version 12/10/2020
Page 11 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form .
Ecology is required to report the FFATA information for federally funded agreements , including the required Unique
Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
use covered telecommunications equipment, video surveillance services or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
Template Version 12/10/2020
Page 12 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems, or services, including equipment, systems, or services produced or provided by entities identified in section
889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020
Page 13 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective
staff contacts and administrative information without the concurrence of either party .
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no.
188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement
applies to all products supplied under the Agreement , providing equal access to information technology by individuals
with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and
audio content, and electronic documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and
historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural
resources, hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources
discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be
completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02,
Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section
106).
Template Version 12/10/2020
Page 14 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in
the project IDP.
• Immediately stop work and notify the ECOLOGY Program , who will notify the Department of Archaeology and
Historic Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the
RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee
Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions
about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email
PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
Template Version 12/10/2020
Page 15 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial,
performance, and other reports required by this Agreement . Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal , state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their
project timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a
part, in this Agreement or the proceeds thereof .
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review
procurement practices related to this Agreement . Any costs incurred as a result of procurement practices not in
compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s
sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern , although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
Template Version 12/10/2020
Page 16 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date
of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the
Director or duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall
contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise .
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise . The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is
collected and processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related
tables, raw data collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought
hereunder will be in the Superior Court of Thurston County .
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent
act or omission of that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will
continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or
agents of the other party.
Template Version 12/10/2020
Page 17 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is
encouraged to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of
goods or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement , unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology
Funding Program Guidelines; and (g) General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
Template Version 12/10/2020
Page 18 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format .
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding
program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format .
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty
free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property,
and to authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,
reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to
ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate . ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement . Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement .
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale , lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition , purchase, or construction costs of such
property.
22. RECORDS, AUDITS, AND INSPECTIONS
Template Version 12/10/2020
Page 19 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable
times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized
expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or
repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year
from the time ECOLOGY demands repayment of funds .
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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 which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
Template Version 12/10/2020
Page 20 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer
recycled paper, and toxic free products.
For more suggestions visit ECOLOGY’s web page , Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by
the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY
from the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement , ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions , although
ECOLOGY will make a reasonable attempt to provide notice .
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT
through the effective date of termination or suspension . Reimbursed costs must be agreed to by ECOLOGY and the
RECIPIENT. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
Agreement and any amendments.
Template Version 12/10/2020
Page 21 of 21State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-2527-BremPW-00153
2025-2027 Biennial Stormwater Capacity Grant
City of Bremerton
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement , at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT
in accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach ,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
Clean Water State Revolving Fund Loan
Agreement with WA State Department of
Ecology to Fund Construction of the
Decommission Beach Sewer From OB-4 to
EB-2 Project
COUNCIL MEETING Date: February 4, 2026
Department: PW&U – Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: The City has been offered a Clean Water State Revolving Fund from the Department of
Ecology for $5,180,000 to fund the construction and construction management of the Decommission
Beach Sewer from OB-4 to EB-2 Project. The project will decommission approximately 1900 linear
feet of gravity beach sewer from the west end of East 16th St. to pump station EB-2 near the Manette
Bridge and includes installation of a new municipal pump station and several grinder pump stations
on private properties that will direct flow to an upland sewer system along Wheaton Way. The
project is currently under construction by Active Construction, Inc. The requested action before the
City Council is to approve the loan and authorize the Mayor to execute it.
ATTACHMENTS: 1. CWSRF Loan Agreement WQC-2026-BremPW-00385; 2. Site Plan;
3. Opinion of Recipient’s Legal Counsel (attachment to Loan Agreement) 4. Power Point
Presentation
FISCAL IMPACTS (Include Budgeted Amount): This project is identified as Project ID WW00004
with a total budget of $6,350,000 in the 2026-2031 Wastewater Capital Plan.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Clean Water State Revolving Fund Loan with the Washington State Department
of Ecology for the Decommission Beach Sewer from OB-4 to EB-2 Project; 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 04/19/2024
B8
Agreement No. WQC-2026-BremPW-00385
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON - PUBLIC WORKS AND UTILITIES
This is a binding Agreement entered into by and between the state of Washington , Department of Ecology,
hereinafter referred to as “ECOLOGY,” and City of Bremerton - Public Works and Utilities, hereinafter referred to as
the “RECIPIENT,” to carry out with the provided funds activities described herein.
Decommission Beach Sewer, OF-4 to EB-2
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project improves water quality in Sinclair Inlet and Port Washington Narrows through the
decommissioning of aged collection facilities located within tidelands of Port Washington Narrows and
construction of new replacement wastewater collection facilities located upland of the shoreline to serve
existing properties.
Project Long Description:
This project improves water quality in Sinclair Inlet and Port Washington Narrows through the
decommissioning of aged collection facilities located within tidelands of Port Washington Narrows and
construction of new replacement wastewater collection facilities located upland of the shoreline to serve
existing properties.
The City of Bremerton sanitary sewer system has both gravity and force sewer mains buried along the shoreline
$5,180,000.00
$5,180,000.00
$5,180,000.00
$0.00
01/01/2025
06/30/2027
Wastewater Facility
Page 2 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
of Port Washington Narrows that collect and convey sewage from upland properties . This project will
decommission, in-place, a portion of an existing gravity main and associated facilities along the shoreline
immediately north of the Manette Bridge, starting at Sewage Pump Station EB-2 and ending at East 16th Street
(location of Combined Sewer Outfall #4 (OF-4)). The project will construct a new upland low-pressure sewer
system to serve the existing connections.
This project will provide the following benefits: 1) improved access to wastewater infrastructure within the
tidelands for maintenance and repair; 2) replace a portion of the beach main that is at the end of its design life,
3) reduce sewer exfiltration and sanitary sewer overflows to the marine environment; and 4) reduce infiltration
of saltwater and sediment into the sanitary sewer.
The project will proceed according to the approved construction contract documents prepared by Parametrix,
dated December 2024. The project design includes decommissioning approximately 1,800 feet of existing
gravity main, 5 manholes and 12 service laterals and constructing a package pump station, 11 new grinder pump
stations, a new low-pressure sewer, a new manhole and associated connections to the existing collection system.
The project will proceed in accordance with a Memorandum of Agreement (MOA), dated January 2024, that
meets Ecology’s cultural resource review and compliance requirements . The MOA contains agreed upon
stipulations to offset identified adverse effects to a known archaeological site and are included in this project in
accordance with WAC 173-98-720.
Overall Goal:
The project overall goal is to decommission, in place, a portion of the City’s gravity sewer infrastructure located
in marine tidelands and install a new upland sewer collection system. The project will improve access for
maintenance and prevent potential sanitary sewer overflows to the marine environment.
Template Version 12/10/2020
Page 3 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
UEI Number: HV84RG6NYNG4
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Bremerton - Public Works and Utilities
91-6001231
100 Oyster Bay Ave N
Bremerton, WA 98312
345 6th Street, Bremerton, WA 98337
Bremerton, Washington 98337
William Davis
Managing Engineer
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: william.davis@ci.bremerton.wa.us
Phone: (360) 473-2312
Authorized
Signatory
Cassidy Gengenbach
Accountant/Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: cassidy.gengenbach@bremertonwa.gov
Phone: (360) 473-5498
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 600
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
chance.berthiaume@ci.bremerton.wa.us
Template Version 12/10/2020
Page 4 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
Contacts
Project
Manager
Financial
Manager
Technical
Advisor
Sue Cook
PO Box 330316
Shoreline, Washington 98133-9716
Email: SUEC461@ecy.wa.gov
Phone: (425) 758-7776
Emma Hanson
PO Box 47600
Olympia, Washington 98504-7600
Email: eklu461@ecy.wa.gov
Phone: (360) 995-2796
Madison Diaz
PO Box 330316
Shoreline, Washington 98133-9716
Email: mdia461@ecy.wa.gov
Phone: (425) 495-1777
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Template Version 12/10/2020
Page 5 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement .
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement .
This Agreement contains the entire understanding between the parties , and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party .
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
City of Bremerton - Public Works and Utilities
Jon Kenning, PhD
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Template Version 12/10/2020
Page 6 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
City Clerk Date
Angela Hoover
City Attorney Date
Kylie Fennell
Template Version 12/10/2020
Page 7 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SCOPE OF WORK
Task Number:1 Task Cost: $0.00
Task Title:Grant and Loan Administration
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include but are not limited to: Maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of
Grants and Loans) recipient closeout report (including photos, if applicable). If the RECIPIENT elects to use a
contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management
of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for,
receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items. This documentation shall be available upon request.
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact
information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout
Report.
* Properly maintained project documentation.
Recipient Task Coordinator: David Powell
Deliverables
Grant and Loan Administration
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges or changes in the project schedule. Submitted at least
quarterly.
1.2 Recipient Closeout Report (EAGL Form)
Template Version 12/10/2020
Page 8 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SCOPE OF WORK
Task Number:2 Task Cost: $218,759.00
Task Title:City Construction Management (Force Account)
Task Description:
A. The RECIPIENT will provide adequate and competent inspection for the Project using its own forces . The
RECIPIENT acknowledges that it has the legal authority to perform the work and adequate and technically qualified
staff to perform the work without compromising other government functions . Information verifying workforce
qualifications must be made available and submitted to Ecology upon request.
B. The RECIPIENT will provide oversight and review of the consultant’s construction management portion of the
project using its own forces. The RECIPIENT acknowledges that it has the legal authority to perform the work , and
adequate and technically qualified staff to perform the work without compromising other government functions . The
RECIPIENT will coordinate construction management oversight to avoid redundant work effort performed by the
consultant in Task 3. Elements of the construction management oversight accomplished by Force Account will include :
manage elements of the scope, including schedule, budget, risks, quality, procurement, completeness, and other aspects
as needed; oversee the technical and engineering elements of the project; provide support on contract, scheduling, cost,
risk, and budget management.
C. The RECIPIENT will provide a table of anticipated work indicating hours, hourly rates, and personnel proposed to
be used.
Task Goal Statement:
The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and
provide ECOLOGY with all requested project documentation .
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
Deliverables
City Construction Management (Force Account)
Number Description Due Date
2.1 Provide a table with a description of anticipated work, hours, and budget
for inspection and construction management force account.
2.2 With each Payment Request/Progress Report, provide salary and benefit
documentation for each staff personnel for inspection and construction
management force account expenditures, and include dates worked, hours
worked, hourly rate paid, and benefits earned for only the time worked on
this project.
Template Version 12/10/2020
Page 9 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SCOPE OF WORK
Task Number:3 Task Cost: $876,156.00
Task Title:Construction Management
Task Description:
A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . If
professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT
will include ECOLOGY’s State Revolving Fund Specification Insert , Contract Clauses, and Pre-Selection Inserts, in
the contract documents as applicable. The RECIPIENT will submit contracts for construction management services
before ECOLOGY provides reimbursement for work performed under this task .
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to
ECOLOGY for approval prior to any ground disturbing activities . This plan will describe the activities which the
RECIPIENT will undertake to achieve adequate and competent oversight of all construction work .
C. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion
dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major
changes occur and resubmit to ECOLOGY. A significant change in the scope of work may trigger a SERP review and
should be discussed and coordinated with ECOLOGY. In the absence of any major changes, the RECIPIENT will
describe progress of the construction in the monthly/quarterly progress reports.
D. At completion of construction, the RECIPIENT will provide ECOLOGY’s Project Manager with a set of "as-built"
plans by the expiration date of this agreement (i.e., record construction drawings which reflect changes, modifications,
or other significant revisions made to the project during construction).
E. At substantial completion, the recipient will notify ECOLOGY and coordinate the project’s closeout with
ECOLOGY’s Project Manager.
F. At project completion, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY
in accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project
was completed in accordance with the plans, specifications, and major change orders approved by ECOLOGY, and is
accurately shown on the as-built plans.
G. The project includes a Memorandum of Agreement (MOA), dated January 2024, that meets Ecology’s cultural
resource review and compliance requirements (DAHP 2022-04-02418). The MOA contains agreed upon stipulations to
offset identified adverse effects to a known archaeological site and are included in this project in accordance with
WAC 173-98-720.
Task Goal Statement:
The RECIPIENT will oversee and manage construction , communicate with ECOLOGY in a timely fashion, and
provide ECOLOGY with all requested project documentation .
Task Expected Outcome:
The project will be constructed on schedule and in accordance with accepted plans.
Template Version 12/10/2020
Page 10 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
Deliverables
Construction Management
Number Description Due Date
3.1 Executed contract for construction management services.
3.2 Documentation of the RECIPIENT’s process for procuring professional
services.
3.3 Construction Quality Assurance Plan.
3.4 “As-built” plans.
3.5 Declaration of Construction Completion.
3.6 Archeological Monitoring Report.
Template Version 12/10/2020
Page 11 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SCOPE OF WORK
Task Number:4 Task Cost: $4,085,085.00
Task Title:Construction
Task Description:
A. The RECIPIENT will execute a contract with a contractor selected in compliance with state law . The RECIPIENT
will include ECOLOGY’s State Revolving Fund Specification Insert , Contract Clauses, and Pre-Selection Inserts in
the construction contract documents as applicable. The RECIPIENT will submit Bid Tabs, the Notice of Award, a copy
of the executed contract, and Notice to Proceed before ECOLOGY will provide reimbursement for work performed
under this task.
B. The RECIPIENT will conduct a pre-construction conference and will invite ECOLOGY staff to the meeting .
C. The RECIPIENT will complete the construction in accordance with the approved construction contract documents .
The construction project will include:
C.1. Decommissioning in place, of approximately 1,800 feet of existing gravity main, 5 manholes and 12 service
laterals.
C.2. Construct a new package pump station, 11 new grinder pump stations, a new low-pressure sewer, a new manhole
and associated connections to the existing collection system.
Task Goal Statement:
Construction of the project in accordance with ECOLOGY-accepted plans and specifications.
Task Expected Outcome:
Constructed project will provide water quality benefits.
Deliverables
Construction
Number Description Due Date
4.1 Bid Tabs, the Notice of Award, a copy of the executed. construction
contract and a copy of the Notice to Proceed.
4.2 Minutes of the pre-construction meeting.
Template Version 12/10/2020
Page 12 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SCOPE OF WORK
Task Number:5 Task Cost: $0.00
Task Title:Change Orders
Task Description:
A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of
the project.
B. The RECIPIENT will submit change orders and associated backup documentation to ECOLOGY for approval .
Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval,
prior to execution. A significant deviation shall be as defined in the Water Quality Program Orange Book , section
G1-4.2.6 and mean a change in the selected treatment process, facility size, design criteria, or performance standards
that result in changes in expected facility performance or environmental impacts. All other change orders will be
executed and submitted to ECOLOGY within 30 days of execution. If the change order contains engineering content a
P.E stamp is required.
Task Goal Statement:
The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of
the project.
Task Expected Outcome:
The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of
the project.
Deliverables
Change Orders
Number Description Due Date
5.1 A copy of all executed change orders.
Template Version 12/10/2020
Page 13 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
BUDGET
Funding Distribution EL260326
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title:SRF Loan (State)
Title:
State
CWSRF - SFY26 (state)
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving
Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K).
Washington State administers the program under Chapter 173-98 WAC. The
portion of this project funded with this funding distribution comes from non-federal
source and are not subject to Federal Funding Accountability and Transparency Act
(FFATA) and Single Audit Act (SAA). However, this project is subject to the
federal requirements outlined in Section 4 and 5 of agreement terms and
conditions.
Type:
Funding Source %:
Description:
FD0727Fund:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 3%
0%
No
No
Effective Interest Rate: 2% Interest Rate: 1.5% Admin Charge: 0.5%
Terms:20 years
Project Start Date: 01/01/2025 Project Completion Date: 06/30/2027
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
12/31/2026
Revenue Secure Lien Obligation of the Recipient
$
$
1105
Funding Source:
Funding Expiration Date:Funding Effective Date:01/01/2025 06/30/2027
Funding Type:Loan
Template Version 12/10/2020
Page 14 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
SRF Loan (State)Task Total
Grant and Loan Administration 0.00$
City Construction Management (Force Account)218,759.00$
Construction Management 876,156.00$
Construction 4,085,085.00$
Change Orders 0.00$
5,180,000.00$Total:
Template Version 12/10/2020
Page 15 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%5,180,000.00 5,180,000.000.000.00SRF Loan (State)
Total $$0.00 5,180,000.00 $5,180,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023)
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account .
“Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest
plus all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Accrued Interest” means the interest incurred as loan funds are disbursed.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights,
leases, and mineral rights.
“Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and
establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure
projects after May 14, 2022.
“Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater
infrastructure.
“Centennial Clean Water Program” means the state program funded from various state sources .
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction
of the project.
“Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a
manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate
binding agents or additives; or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic
and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber
2.00
Template Version 12/10/2020
Page 16 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
optic cables), (including optic glass), lumber, and drywall.
“Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
“Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be
paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction,
alteration, and repair projects.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient
investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes
due.
“Effective Date” means the earliest date on which eligible costs may be incurred .
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge .
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT .
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount and the estimated schedule for completion of the project .
“Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA
grant to Ecology.
“Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive
federal funding and meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued .
“Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the
Project Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Final Loan Amount and the initiation of operation or completion date , whichever comes first.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower .
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional
and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable
property within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal
proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance,
or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account
other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special
account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
“Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate
for its intended purpose. (For loans only)
“Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or
unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and construction materials.
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
Template Version 12/10/2020
Page 17 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on
the loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan .
“Loan Term” means the repayment period of the loan .
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the
Utility to be operated and maintained in good repair, working order, and condition including payments to other
parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of
taxes.
“Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous
metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as
concreate; glass, including optical fiber; and lumber.
“Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial
melting state through the application of coatings, occurred in the Untied States.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents .
“Prevailing Wage” means hourly wage , usual benefits, and overtime paid in the largest city in each county , to the
majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each
county.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the
loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed and is the last day eligible costs can be incurred. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
“Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term
and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of
the principal of and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project .
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility
prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement .
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding , including any required recipient match.
Template Version 12/10/2020
Page 18 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
“Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not
eligible for ECOLOGY grant or loan funding .
“Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity
doing business with or receiving funds from the federal government. This number replaces the DUNS number.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be
paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or
account). ULID Assessments will include principal installments and any interest or penalties which may be due .
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL
ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY’s Water Quality Program website .
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting.”
B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in
procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to
ECOLOGY.
C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an
acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights
and the type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased
with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the
State of Washington) shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington . Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to
ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real
property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below).
The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where
the real property lies, and to provide a copy of the recorded document to ECOLOGY.
Documentation Options:
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect,
and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document
when acquiring real property rights that include the underlying land. This document may also be applicable for those
easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must
obtain ECOLOGY approval on the draft language prior to executing the deed of right .
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement
to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water
quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and
Template Version 12/10/2020
Page 19 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
must be incorporated by reference in the easement document.
3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment
of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document.
Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft
language prior to executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance .
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF
funded projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the
terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of
Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC.
3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in
subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the
RECIPIENT agrees to provide any housing and relocation assistance required .
e. Hazardous Substances.
1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify:
i. No hazardous substances were found on the site, or
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and
federal laws, and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous
substances as set forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its
employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense
and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of,
or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring .
f. Restriction On Conversion Of Real Property And /Or Facilities To Other Uses
The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired,
developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for
which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such
as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction
on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required
by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term
specified by the lease, easement, deed, or landowner agreement.
D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation , please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website .
E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s
Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor
registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If
you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee
Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov.
F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology
approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before
purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the
funded project, must also be reported on the Equipment Purchase Report in EAGL.
Template Version 12/10/2020
Page 20 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding
participation in this project through the use of project signs, acknowledgement in published materials, reports, the
news media, websites, or other public announcements. Projects addressing site-specific locations must utilize
appropriately sized and weather-resistant signs. Contact your Ecology Project Team to determine the appropriate
recognition for your project.
H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal
Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY upon request.
J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may
otherwise evaluate the project, as part of this assessment.
L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and
Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and
overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward
achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight
measures.
M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical
Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical
assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in
writing by ECOLOGY.
SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED
PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program
website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only)
2. “Section 319 Initial Data Reporting” form must be completed in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA .
B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the
RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall
contain the EPA logo and follow usage requirements available at
http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file , the
RECIPIENT may send a request to their Ecology Financial Manager .
To increase public awareness of projects serving communities where English is not the predominant language ,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable , provided the costs are reasonable. (Applies to both the Section 319
Template Version 12/10/2020
Page 21 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
funded projects and the Centennial match projects)
The RECIPIENT shall use the following paragraph in all reports , documents, and signage developed under this
agreement: (Applies to Section 319 funded projects only)
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology . The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting”
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs)
installed and associated pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date. (For Section 319 funded projects only)
SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319,
State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE
MUNICIPAL GRANT (OSG)
A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface
Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures
of the federal agency implementing that Act .
B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at :
https://facweb.census.gov/.
C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural
Resources Review Form, coordination with Ecology Cultural Resources staff, and receipt of the Ecology Final
Determination prior to any property acquisition and above and below ground disturbing activities.
D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering
services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see
https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim).
E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects
only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all
federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment
and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited
to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in
the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the
RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is
otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised
the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project .
RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities ,
including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators
of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as
receiving federal equivalency funding, understands that (i) each contract and subcontract related to the project is
Template Version 12/10/2020
Page 22 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal
requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance
agreement in advance of termination and/or repayment of assistance, and/or other remedial actions.
EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section
70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design
planning prior to May 14, 2022, the statutory effective date of the BABA requirements. This action permits the use of
non-domestic manufactured products and construction materials in such projects funded by a Clean Water or
Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action
permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean
Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914.
Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed
BABA requirements. The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section
608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will
continue to do so as part of BABA requirements .
Where manufactured products used in the project are required to be produced in the United States, manufactured
product shall mean manufactured in the United States, and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of domestic
content of the manufactured product has been established under applicable law or regulation. The manufactured
products included cover the majority of potential water infrastructure products, including complex products made up
of a variety of material types and components. For water infrastructure projects, commonly manufactured products
would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control
systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many
other mechanical and electrical items.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority,
and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained :
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
Template Version 12/10/2020
Page 23 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request .
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the
termination of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections .
The RECIPIENT shall comply with all federal and state nondiscrimination laws , including but not limited to, Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law ,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY . The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors,
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry
out these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions, or
training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of
the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance,
Template Version 12/10/2020
Page 24 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
or to find other information about the Act. Pursuant to 15 USC 2225a.
J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis-Bacon Act prevailing wage requirements . This applies to the construction, alteration, and repair of treatment
works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage
determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure
that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and subcontracts more than
$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and
make such records available for review upon request. Wage determinations and instructions for their use can be found
at https://sam.gov/.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public
work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records
available for review upon request. Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act
prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates
can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced
labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a
violation under this provision.
L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public
in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their
UEI Number under their organization’s information in EAGL . The UEI number must be entered into EAGL before a
funding agreement is signed.
SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Financial Capability Assessment Documentation (upon request)
2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and
uploaded to the General Uploads form in EAGL.
3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL.
4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF
Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General
Uploads form in EAGL.
5. CWSRF Federal Reporting Information form – Must be completed in EAGL.
6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes
construction of a wastewater or stormwater facility construction) – Must be completed in EAGL.
7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must
be completed in EAGL.
8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must
be uploaded to the Environmental and Cultural Review form in EAGL.
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
Template Version 12/10/2020
Page 25 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This
loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as
defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron
and steel products used in the project are produced in the United States. Iron and Steel products means the following
products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and
construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the
Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This
provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY
prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with
this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington ,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution .
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
before this agreement shall be signed by ECOLOGY.
D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project
RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all
the requirements in Section 4 and this Section.
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website .
F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to
enhance public awareness of EPA assistance agreements nationwide . Signage guidance can be found at:
https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/
Facility-project-resources.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and
property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT
on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by
municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall
self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to
restrain, or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and
collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured
lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation-secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to
their respective offices is being contested . No authority or proceeding for the execution of this agreement has been
repealed, revoked, or rescinded.
Template Version 12/10/2020
Page 26 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to
this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final
loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the
loan and all accrued interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated
on the basis of a 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement .
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources
identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall
be absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any
kind. To secure the repayment of the loan from ECOLOGY , the RECIPIENT agrees to comply with all the covenants ,
agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of
the RECIPIENT.
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan
shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever .
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan .
If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest .
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default .
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
Template Version 12/10/2020
Page 27 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies .
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid
principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the
Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the
outstanding principal balance of the Loan Amount . If the RECIPIENT elects to prepay the entire remaining unpaid
balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the
Fiscal Office.
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other
outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay
into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require
the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and
statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the
boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used
therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the
RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that
principal and interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations .
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
Template Version 12/10/2020
Page 28 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the
loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded
Utility in good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis-Bacon Act prevailing wage requirements . This applies to the construction, alteration, and repair of treatment
works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage
determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure
that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and subcontracts more than
$2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and
make such records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public
work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records
available for review upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the
Department of Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc.
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33
- The American Iron and Steel Act (Buy American)
- The Build America Buy America Act (BABA) (equivalency projects only)”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement ,
true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this
agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the
works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a
Template Version 12/10/2020
Page 29 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
part of the funded Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer
necessary, material, or useful to the operation of the funded Utility; or
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no
more than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount
outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross
Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears
to the total Gross Revenue for that period.
4. Expressed written agreement by the ECOLOGY.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for
the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the
RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be
submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system .
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all its obligations under this loan agreement . The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall
provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of
termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the
Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the
loan and all accrued interest (the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan
Amount and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds , amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof.
Template Version 12/10/2020
Page 30 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges .
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,”
any state funds otherwise due to the RECIPIENT may , at ECOLOGY’s sole discretion, be withheld and applied to the
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations .
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
Template Version 12/10/2020
Page 31 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $30,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form .
Ecology is required to report the FFATA information for federally funded agreements , including the required Unique
Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or
expending loan or grant funds to:
1.Procure or obtain;
2.Extend or renew a contract to procure or obtain; or
3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that
use covered telecommunications equipment, video surveillance services or services as a substantial or essential
component of any system, or as critical technology as part of any system. As described in Public Law 115-232
<https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment,
systems, or services, including equipment, systems, or services produced or provided by entities identified in section
889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list.
Template Version 12/10/2020
Page 32 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement .
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective
staff contacts and administrative information without the concurrence of either party .
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no.
188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement
applies to all products supplied under the Agreement , providing equal access to information technology by individuals
with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and
audio content, and electronic documents intended for publishing on Ecology’s public web site .
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and
historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural
resources, hereby referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources
discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement .
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be
completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements .
* For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02,
Archaeological and Cultural Resources.
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section
106).
Template Version 12/10/2020
Page 33 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site .
• Discuss the IDP with staff, volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site .
c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in
the project IDP.
• Immediately stop work and notify the ECOLOGY Program , who will notify the Department of Archaeology and
Historic Preservation at (360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the
project IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the
Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the
RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted .
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement .
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY .
e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests .
f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee
Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form
and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions
about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email
PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement .
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
Template Version 12/10/2020
Page 34 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial,
performance, and other reports required by this Agreement . Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal , state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety .
b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements .
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their
project timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered
modified to conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a
part, in this Agreement or the proceeds thereof .
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement .
ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review
procurement practices related to this Agreement . Any costs incurred as a result of procurement practices not in
compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s
sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern , although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request .
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal .
d) ECOLOGY reviews the RECIPIENT’s appeal.
e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
Template Version 12/10/2020
Page 35 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
review.
The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date
of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the
Director or duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office .
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in
addition to the dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall
contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
• Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise .
• Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July
2004 (Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work .
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise . The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is
collected and processed. Guidelines for Creating and Accessing GIS Data are available at :
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related
tables, raw data collection files, map products, and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought
hereunder will be in the Superior Court of Thurston County .
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent
act or omission of that party or that party's agents or employees arising out of this Agreement .
15. INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will
continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or
agents of the other party.
Template Version 12/10/2020
Page 36 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement .
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is
encouraged to take the following actions, when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of
goods or services.
b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement , unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology
Funding Program Guidelines; and (g) General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline .
c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY .
20. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
Template Version 12/10/2020
Page 37 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports .
c) RECIPIENT shall use ECOLOGY’s provided progress report format .
d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding
program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format .
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty
free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property,
and to authorize others to use the same for federal, state, or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,
reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to
ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate . ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials .
d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement .
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property .
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement . Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement .
g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale , lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition , purchase, or construction costs of such
property.
22. RECORDS, AUDITS, AND INSPECTIONS
Template Version 12/10/2020
Page 38 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement .
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable
times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement .
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work .
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized
expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT .
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or
repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year
from the time ECOLOGY demands repayment of funds .
Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. 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 which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable .
25. STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
26. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
Template Version 12/10/2020
Page 39 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
27. SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement .
a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer
recycled paper, and toxic free products.
For more suggestions visit ECOLOGY’s web page , Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination .
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by
the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement .
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY
from the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination .
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement , ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions , although
ECOLOGY will make a reasonable attempt to provide notice .
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT
through the effective date of termination or suspension . Reimbursed costs must be agreed to by ECOLOGY and the
RECIPIENT. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
Agreement and any amendments.
Template Version 12/10/2020
Page 40 of 40State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2026-BremPW-00385
Decommission Beach Sewer, OF-4 to EB-2
City of Bremerton - Public Works and Utilities
If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination .
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement , at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT
in accordance with Recovery of Funds, identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such .
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach ,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
LOCATION MAP
DECOMMISSION BEACH SEWER OF-4 TO EB-2
Attachment 2
ATTACHMENT 1: OPINION OF RECIPIENT’S LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed
attorney of the City of Bremerton [the RECIPIENT], and I have examined any and all documents
and records pertinent to the LOAN agreement.
Based on the foregoing, it is my opinion that the LOAN agreement constitutes a valid obligation
of the RECIPIENT payable from the Net Revenues of the Utility.
Capitalized terms used herein will have the meanings ascribed thereto in the LOAN agreement
between the RECIPIENT and the DEPARTMENT.
_____________________________________________
MYCHAEL RAYA
Bremerton Assistant City Attorney
City Council Study Session
January 28, 2026
Decommission Beach Sewer (OF-4 to EB-2)
SCOPE
Decommission approx. 1500 feet of gravity beach sewer
between the Manette Bridge and E. 16th.
Install upland sewer system consisting of grinder pumps, City
pump station, and low pressure sewer mains
SCHEDULE
Construction started in July 2025
Completion anticipated in mid-2026
BUDGET
Overall Budget = $6.35M
Construction contract = $4,085,085 with ACI
Funding
CWSRF loan for design = $800K
CWSRF loan for construction = $5.2M
Wastewater Fund = approx. $300K
Cultural resources monitoring requirement
Working on private properties
Difficult to access and limited space for
construction equipment due to
structures,bulkheads, and established landscape
areas
Current Status
Low pressure sewer pipe has been installed
Pump station construction on E. 16th is ongoing
Grinder pump systems to arrive early February
Design loan –completed:$800K
Current loan (WQC-2026-BremPW-00385)
Clean Water State Revolving Fund
(CWSRF)through Department of Ecology
Amount:$5,180,000
Term:20 years at 2.0%interest
Pays for construction, construction management
services, City inspection and oversight,
engineering services during construction including
cultural resources monitoring.
Council approval required to accept the loan.
Contact Information
Bill Davis, P.E. –Managing Engineer
Email: william.davis@ci.bremerton.wa.us
Phone: (360) 473-2312
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: January 28, 2026
2026 Lodging Tax Advisory Committee
Funding Recommendations
COUNCIL MEETING Date: February 4, 2026
Department: City Council
Presenter: Jennifer Chamberlin
LTAC Chair
Phone: (360) 473-5280
SUMMARY:
The Lodging Tax Advisory Committee (LTAC) received 20 eligible requests for funding totaling
$1,363,885.
Direction provided by City Council when considering these requests included support of long-time
community events, kick-starting new events, tourism-based organizations and venues, and municipal
projects. Also, criteria provided by the City Council when evaluating the requests included
consideration of economic impact, events or activities that draw tourists from 50 miles or more away,
events or activities that focused on Bremerton’s community, and requests that demonstrated
collaboration with other community organizations.
Following the application process, interviews with the applicants were held on November 12, November
18, and December 9, 2025. Deliberations were then held on December 9 and 10, 2025.
The LTAC is now presenting for the Council’s consideration Funding Recommendations with a total
proposed allocation of $450,000 (Exhibit A). And included in the City of Bremerton’s 2026 Budget are
continued annual commitments to the Kitsap Conference Center for $250,000 and $150,000 for the
Admiral Theatre, for a grand total of $850,000 for Fiscal Year 2026.
ATTACHMENTS: 1) Summary of Requests & Recommendations 2) Exhibit A – LTAC Funding
Recommendations for 2026
FISCAL IMPACTS (Include Budgeted Amount):
RECOMMENDED MOTION:
Move to approve the 2026 Lodging Tax Advisory Committee Funding Recommendations as listed
under Exhibit A.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B9
Summary of 2026 Lodging Tax Funding Requests and LTAC Funding Recommendations
Eligible Applicant 2026 Requests 2026 Recommendations
Collective Visions Gallery $10,000 $6,000
Enoch Arts $6,000 $4,500
Krampusnacht $34,400 $20,000
Sunny Jack Events $85,000 $65,000
Bremerton Rotary Foundation $25,000 $15,000
Bremerton Historic Ships Association $65,000 $50,000
Puget Sound Navy Museum $7,500 $4,000
Bremerton Symphony $15,000 $10,000
Vista Gardens $60,000 $10,000
WayzGoose Kitsap $12,000 $7,000
Bremerton Air Show $150,000 $23,500
Pacific NW Defense Coalition $5,000 $0
Love Kitsap $96,500 $0
Greater Kitsap Chamber & Visit Kitsap Peninsula $388,600 $50,000
Downtown Bremerton Association $100,000 $70,000
City of Bremerton - Tourism Branding Initiative $100,000 $0
WA Science & Engineering Fair $47,500 $45,000
Kitsap History Museum $63,385 $25,000
City of Bremerton - Quincy Square $63,000 $25,000
Roxy Bremerton $30,000 20,000
$1,363,885 $450,000
Total Requests Total Recommendations
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Collective Visions Gallery Venue & Arts Events Juried Art Show & Events (January - February)Event Marketing & Operations $10,000 $6,000
Council District 3 - Pacific Avenue Events during First Friday Artwalk Venue Operations during Event
https://www.collectivevisionsgallery.com/
Collaborates with Expanding outreach to Seattle
Bremerton Arts Commission
Downtown Bremerton Association
West Sound Arts Council
Enoch Arts Venue & Arts Events Season (September - May) Event Marketing & Operations $6,000 $4,500
Council District 2 - Lebo Boulevard Estimated 79 Total Performances with 10% attendance from out of area
https://www.enochcityarts.org/
Collaborates with Expanding outreach to combine with hotel packages
Visit Kitsap Peninsula Including out of area outreach via ValPak
Strange Skipper, LLC Event December Event Operations $34,400 $20,000
Krampusnacht Bremerton Festival Council District 3 - Downtown Estimated 200+ attendance from out of area
Prior overall attendance 7,000
https://krampusbremerton.com/Collaborates with numerous
organizations and businesses Part of request includes financial assistance for
including Greater Kitsap Chamber, event security, sanitation, police support, road closures,
Roxy Theatre, Spark Commons and emergency planning
Sunny Jack Events, LLC Desintation Marketing & Events Event Marketing & Operations $85,000 $65,000
Council District 3
Bremerton Bridge Blast Downtown, Boardwalk, Evergreen Park June
Taste of Kitsap August
Bremerton Night Market Collaborates with May, June, July, September
Baymont Inn, Hampton Inn,
https://www.sunnyjackevents.com/sunnyjackeventsevents Fairfield Inn, Oyster Bay Inn, Ferries,
Visit Kitsap, Love Kitsap, Unda One Sun,Part of request includes financial assistance for
and non-profits sanitation, garbage, and security
Bremerton Rotary Foundation Event Blackberry Festival (Aug - Sept)Event Marketing & Operations $25,000 $15,000
Council District 3 - Downtown & Boardwalk
Estimated 8,000 Visitors from 50+ miles
https://www.blackberryfestival.org/Collaborates with Sunny Jack Events, Estimated 300+ Overnight Stays
Greater Kitsap Chamber, non profits
Potential collaboration with Arts District Improving online searchablilty and "stay and play" packages
for expanding into Marina Square
Page 1 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Bremerton Historic Ships Association Venue & Events Museum & Special Events (Year Round) Venue Marketing $65,000 $50,000
Council District 3 - By Boardwalk & Marina Including Military Reunions and Conferences
https://ussturnerjoy.org/
Collaborates with Bridge Blast, Estimated 45,000 Visitors
Greater Kitsap Chamber, WSSEF Estimated 36,000 for Overnight Stays and 32,000 50+ miles away
Part of request includes TV and radio commercials, and FIFA focused ads
Puget Sound Navy Museum Venue & Events Exhibits & Events (Year Round) Event Marketing $7,500 $4,000
Council District 3 - Harborside
https://pugetsoundnavymuseum.org/Estimated 2,560 Visitors for Overnight Stays
Extended hours during Art Walk,
Armed Forces Day, Blackberry Festival,
Veterans Day and support for Navy Band
Collaborates with Greater Kitsap Chamber,
Downtown Bremerton Association,
Navy League, P.S. Maritime Hist. Society
Bremerton Symphony Association Arts Events Performances (Dec, Mar, June) Event Marketing $15,000 $10,000
Council District 4 - OC & BHS PAC Other Events throughout Kitsap
https://www.bremertonwestsoundsymphony.org/
Estimated 4,500 Visitors
Collaborates with Visit Kitsap Peninsula Estimated 1,000 Visitors for Overnight Stays
Estimated 700 visitors 50+ miles away
Albers Marconi Vista Gardens Foundation Venue & Events Year Round Venue and Event Marketing $60,000 $10,000
Council District 1
https://vistagardens.org/Marketing with FIFA focus from January - June
With hotels on landing page
WayzGoose Kitsap Event Arts Festival (June) & Artist Panel (Nov)Event Marketing $12,000 $7,000
Council District 2 - Sheridan Park
https://www.wayzgoosekitsap.com/Estimated 600 Visitors
Collaborates with Farmers Market,Estimated 100 for Overnight Stays
Downtown Bremerton Association,
Kitsap Regional Library, Creative District,
First Friday
Page 2 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Collins Historical Aircraft Foundation Event July Event Marketing & Operations $150,000 $23,500
Bremerton Airshow Council District 7
Expanding advertising to social media, regional magazines, billboards
https://bremertonairshow.com/Collaborates with Greater Kitsap Chamber
Port of Bremerton, and Kitsap Fair & Stampede Estimated 130 room nights for performers and staf
Pacific NW Defense Coalition Event October Event Marketing $5,000 $0
Maritime Defense Conference Council District 3
Proposed for Kitsap Conference Center
https://www.pndc.us/about The conference may generate room nights for attendees.
The event is not intended for the general public.
Love Kitsap Destination Marketing Stay Kitsap Branding & Promotion for FIFA Event Marketing $96,500 $0
Water Trails
https://www.kitsap.love/Collaborates with Kitsap Transit,Lodging Consultant & Liason
Downtown Bremerton Association,Analytics Platform
Kitsap Economic Development Alliance,Custom Content
Premier Media Group
Visit Kitsap Peninsula & Greater Kitsap Chamber Destination Marketing and Visitor Center Shoulder Season Digital Marketing $388,600 $50,000
Visitor Center Operations
https://visitkitsap.com/Design and Content
https://greaterkitsapchamber.com/
Downtown Bremerton Association Venue & Events Year Round Events and FIFA Fan Zone Event Marketing & Operations $100,000 $70,000
Council District 3 Venue Operations
https://www.downtownbremerton.org/
Collaboration planned with Greater Kitsap Chamber,Part of request includes security and sanitation.
Visit Kitsap Peninsula, Love Kitsap
WA State Science & Engineering Fair Event March Event Marketing & Operations $47,500 $45,000
Council District 4 - BHS PAC Venue Operations
https://wssef.org/Estimated 3,000 Visitors
Collaborates with Historic Ships,Estimated 1,500 for Overnight Stays
Kitsap Regional Library, Bremerton Rotary, and
Kitsap Create
Page 3 of 4
EXHIBIT A
2026 LODGING TAX ADVISORY COMMITTEE
FUNDING RECOMMENDATIONS
Organization Role in Tourism & Location Proposed Event/Project Highlights Proposed Use of Funding Requests Recommendations
Kitsap History Museum Venue & Events Year Round Exhibits and Events Event Marketing & Operations $63,385 $25,000
Council District 3 - 4th Street Venue Operations
https://kitsapmuseum.org/History Uncorked & Eat Your Way Through Kitsap
Collaborates with Downtown Bremerton Association,Quincy Square Exhibit
Kitsap Regional Library, Coffee Oasis,
Charleston Business District, Kitsap Sun Estimated 13,400+ Visitors
Estimated over 3,700 for Overnight Stays
Bremerton Roxy Foundation Venue & Events Events & Concerts (Year Round)Event Marketing 30,000 $20,000
Council District 3 - Roxy Theatre Quincy Square Venue Operations
https://www.roxybremerton.org/ FIFA Fan Zone
Collarates with Greater Kitsap Chamber,West Sound Film Festival
Visit Kitsap, Love Kitsap, Downtown New Year's Eve
Bremerton Association, Ballast Books
Estimated 8,000 Visitors
Estimated 140 for Overnight Stays
City of Bremerton Municipality Develop Tourism Brand and Communication Toolkit Tourism Promotion $100,000 $0
Tourism Branding Initiative To be available to all Tourism Partners
Reduce duplication and provide consistent message
https://www.bremertonwa.gov/
Estimated 12 month project
City of Bremerton Municipality Year Round Events & FIFA Fan Zone Event Marketing & Operations $63,000 25,000
Quincy Square Bremerton Black Market, Intl. Corgi Day, World Pizza Day, and Venue Marketing & Operations
Collaborates with Greater Kitsap Chamber,Bremerton Beer Festival
https://www.bremertonwa.gov/Downtown Bremerton Association,
Bremerton Rotary
Total Requests $1,363,885
Total Recommended Funding $450,000
Continued Funding to Kitsap Conference Center $250,000
Continued Funding to Admiral Theatre Foundation $150,000
Total Continued Funding $400,000
Total 2026 Lodging Tax Funding $850,000
Page 4 of 4
Published for
January 28
Study Session
Item B9
Public Comments
From: chas.constable@oysterbayinnbremerton.com <chas.constable@oysterbayinnbremerton.com>
Sent: Wednesday, December 10, 2025 9:10 PM
To: Jennifer Chamberlin <jennifer.chamberlin@bremertonwa.gov>; anery@bmihospitality.com;
mhuey@msn.com; jennzuv@yahoo.com; Christine Grenier <christine.grenier@ci.bremerton.wa.us>
Subject: LTAC Formal Recommendation $0.00 for COB Branding Application 2026 Cycle
Date: December 8, 2025
Dear City Council Members,
At the request of Council member Jennifer, who serves in the LTAC oversight role, this
letter outlines the basis for the Lodging Tax Advisory Committee’s unanimous
recommendation of $0.00 for the City of Bremerton’s branding and tourism initiative
application submitted during the current LTAC funding cycle.
This explanation is provided to ensure transparency, accuracy, and a clear public record of
the committee’s deliberations and decision-making process under RCW 67.28.
During review and discussion, the committee identified several areas in which the
application lacked sufficient detail to determine statutory eligibility for lodging-tax funding.
Key questions regarding the purpose of the study/branding project, how the results would
be used, and whether the work would directly meet tourism-promotion requirements were
not fully answered.
As required by RCW 67.28, LTAC must be provided enough information to determine
whether an expenditure aligns with the definitions of tourism promotion and visitor-related
benefit. That threshold was not met.
Several committee members expressed concern that this cycle may not be the appropriate
year for a major rebranding initiative. With the proximity of the FIFA World Cup and
anticipated regional tourism activity, LTAC felt this proposal required a more developed
timing strategy and clearer alignment with near term opportunities. These timing
considerations contributed to the decision to recommend no funding at this time.
During deliberation, the committee sought clarity on whether this branding initiative might
be connected to future changes in tourism management or potential adoption of a
Destination Marketing
Organization (DMO) model. Questions included whether the proposal would influence
future lodging-tax distribution, oversight structure, or long-term city strategy. Several of
these questions remained insufficiently answered during the evaluation process.
LTAC also discussed concerns regarding the proposed DMO concept referenced during the
interview process. The goals, responsibilities, and long-term funding structure of such a
position were not clearly defined. Specifically, LTAC requested clarification on how a DMO
would be funded, how its role would interact with the existing LTAC structure, and whether
it was intended to supplement or replace LTAC’s longstanding advisory function.
The committee’s primary concern is that replacing or diminishing the role of a diverse,
community representative volunteer body with a single paid position could limit the
breadth of perspectives that inform lodging tax recommendations. LTAC members
emphasized the importance of ensuring that any future tourism management structure
whether involving a DMO or another model maintains transparency, preserves community
representation, and safeguards unbiased distribution of lodging tax funds.
While portions of the application were addressed verbally during the meeting, several
clarifying questions were answered only partially or indirectly.
Examples included:
• How the branding work would be used by the City
• Whether this work would lead to, support, or justify a DMO
• How existing tourism partners might be evaluated or impacted
• Who would own or control the materials and resulting recommendations
Additionally, key clarifications were provided after LTAC had already concluded its vote
and decision rationale. This raised concern that LTAC did not receive essential information
during the formal evaluation window, despite opportunities in the application and
interview phases.
Because LTAC must ensure full clarity before recommending use of lodging tax funds, the
committee could not support the request without direct, complete, and timely answers.
Under RCW 67.28, LTAC is obligated to base funding recommendations on:
• Clear eligibility
• Demonstrated tourism benefit
• Transparent and complete information
• Responsible stewardship of lodging-tax revenues
Given the unresolved questions, timing concerns, and gaps in clarity, the committee
determined that the application did not meet the threshold for a positive recommendation
during this cycle. Accordingly, the committee unanimously recommended $0.00.
LTAC reviewed all applications submitted for this cycle within the constraints of the total
available budget. Several proposals demonstrated immediate, well-defined tourism
impacts with quantifiable overnight stays or direct visitor engagement.
Given limited funds and the need to prioritize programs with the clearest and most
immediate tourism benefit, LTAC determined that allocating $150,000 or the revised
$130,000 to the COB branding initiative would significantly restrict the committee’s ability
to support other eligible and time sensitive tourism programs. This financial prioritization
was a contributing factor to the $0.00 recommendation.
LTAC conducted its review of all 2026 applications including the COB branding application
in alignment with the City’s published LTAC calendar and procedures. The committee
completed evaluation, deliberation, and formal voting within the designated review period,
and all applicants were afforded equal opportunity to provide information during
interviews.
Because the COB application was fully processed and received a unanimous $0.00
recommendation, LTAC considers the review for this application complete for the current
funding cycle. Any future proposals must be submitted during the next LTAC cycle with
complete and clarified information.
RCW 67.28 requires LTAC to recommend funding only when sufficient, detailed
information is provided to establish statutory eligibility. When critical details remain
unclear, incomplete, or are provided after LTAC has concluded deliberations as occurred
in this case LTAC is obligated to recommend $0.00.
This protects consistent treatment of all applicants and preserves transparency and
integrity in the stewardship of lodging tax funds.
This decision reflects LTAC’s responsibility to ensure transparency, adherence to statutory
requirements, fiscal responsibility, and appropriate stewardship of lodging tax resources.
The committee remains open to future applications from the City and encourages
resubmission once the concerns outlined above can be fully addressed and clarified.
Respectfully,
Bremerton Lodging Tax Advisory Committee
Confidentiality Notice: This email and any attachments contain confidential and privileged information
intended solely for the recipient. If you are not the intended recipient, please delete this email immediately
and notify the sender. Any unauthorized review, use, disclosure, or distribution is prohibited.
From: City Council
Sent: Wednesday, January 28, 2026 2:01 PM
To: 'Josh + Sarah' <goodvibes@serotonin.online>
Cc: City Council <City.Council@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>;
Brett Jette <Brett.Jette@ci.bremerton.wa.us>; Public Records <Public.Records@ci.bremerton.wa.us>
Subject: RE: LTAC communications regarding conflict of interest and recusal (Love Kitsap)
Good afternoon, Mr. Johnson.
This is to acknowledge receipt of your email, which will be provided to the Council Members for
their consideration.
In response to your questions:
1) RCW 67.28.1817 does not address conflicts of interest or recusals. The LTAC revisits best
practices and responsibilities, and any updates to the state law each year.
2) Bremerton does not have a local policy on recusals.
3) Your feedback is appreciated regarding the appearance of fairness, which applies to LTAC
and City Council.
A copy of the email and attached letters of support will be included in the meeting record for the
January 28 Study Session.
And in response to your request for LTAC records, a copy of your email will be forwarded to Public
Records for a response.
Thank you for taking the time to share your concerns and comments on the LTAC process.
Christine Grenier
Legislative/Auditor Assistant
Bremerton City Council
(360) 473-5280
www.BremertonWA.gov
From: Josh + Sarah <goodvibes@serotonin.online>
Sent: Wednesday, January 21, 2026 1:16 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Fwd: RE LTAC communications regarding conflict of interest and recusal
CAUTION: This email originated from outside of the organization. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Forwarding to the general City Council email hoping for a reply, we appreciate your time and
attention to this message.
Thank you.
Best,
Joshua Johnson
---------- Forwarded message ---------
From: Josh + Sarah <goodvibes@serotonin.online>
Date: Tue, Jan 13, 2026 at 2:28 PM
Subject: RE LTAC communications regarding conflict of interest and recusal
To: Greg Wheeler <greg.wheeler@ci.bremerton.wa.us>,
<michael.goodnow@ci.bremerton.wa.us>, <rick.tift@ci.bremerton.wa.us>,
<denise.frey@ci.bremerton.wa.us>, <jennifer.chamberin@ci.bremerton.wa.us>,
<anna.mockler@ci.bremerton.wa.us>, <jane.rebelowski@ci.bremerton.wa.us>,
<eric.younger@ci.bremerton.wa.us>
Dear Councilmember,
I'm Joshua Johnson, Chair of the 501(c)(3) tourism marketing organization Love Kitsap.
We are the Bremerton Fan zone / DBA marketing partner and have worked for years
covering many Bremerton events and providing promotional support and tourism
marketing. This year was the first year we applied for Bremerton LTAC funds.
I'm emailing today to raise awareness and voice concern from our organization around
the LTAC process as it unfolded this year and a lack of communication. During and
following the LTAC interviews (Dec. 9, 10 & 11) we sent three emails asking clarifying
questions and requesting information and we received no reply. We
emailed City.Council@ci.bremerton.wa.us. Our questions were centered around
Bremerton's policies of recusal of LTAC committee members and conflict of interest. We
also asked for a transcript or access to a transcript of deliberations.
Full email sent December 10th as follows below:
On Dec 10, 2025, at 9:22 AM
'I hope you are well. In addition to requesting the link from last evening’s LTAC
presentation and deliberations, I also have a few clarifying questions regarding LTAC
procedures and RCW compliance so our team at Love Kitsap can ensure we are fully
up to speed
During a recent meeting, there was a statement noting that several LTAC members may
also be applicants for lodging tax funding. This raised a question for me—strictly from a
compliance and best-practice standpoint—about how conflicts of interest are handled
within Bremerton’s LTAC structure.
To help ensure the committee and governing body remain fully aligned with Washington
State Lodging Tax RCW's I wanted to ask the following:
1. Has the LTAC Committee received education or guidance on RCW requirements?
RCW 67.28.1817 requires LTAC members to recuse themselves from discussions and
votes when they or their organizations may financially benefit. I’m wondering whether
the committee receives a briefing, policy document, or orientation that outlines these
responsibilities.
2. Does Bremerton have a local policy regarding LTAC member recusals?
Many municipalities have adopted clear recusal policies for LTAC members who are
also applicants. I wanted to ask whether Bremerton has such a policy in place—
specifically one that outlines when a member should recuse themselves from voting or
from participating in discussions that may influence other members’ decisions.
3. Ensuring confidence in LTAC recommendations
My goal in asking is simply to confirm that our LTAC recommendations remain strong,
transparent, and in full compliance with RCW requirements. If LTAC members who are
applicants participate in deliberations, it may unintentionally raise questions about the
validity of recommendations or create challenges for the governing body when
allocating funds.
I’m not making any assumptions—just hoping to better understand the current policies
and educational resources available so that everyone involved can feel confident in the
process moving forward.
Thank you for your time and for any clarification you can provide. Please let me know if
it would be helpful to provide additional information or to discuss this further.'
***
We would like to bring this matter to the attention of the City Council for your thoughts
and we would still like answers to our questions. We look forward to continuing our work
in Bremerton and serving the stakeholders & businesses of Bremerton to the very best
of our ability, regardless of LTAC award outcomes. We would however be remiss if we
didn't address this matter.
Thank you for your service to your city, your time, and consideration.
Best,
Joshua Johnson
Board Chair, Love Kitsap
Josh + Sarah Johnson
Co-Founders, Serotonin Creative
(J)206-250-8076| (S)253-209-9208 | goodvibes@serotonin.online
serotonin.online
Letter of Support From: Sound West Group
To: Whom It May Concern
On behalf of Sound West Group, I am pleased to offer our support for the 501(c)3 Love Kitsap
and to recognize the significant value they bring to tourism, economic development, and
community vitality in Bremerton and throughout Kitsap County.
Love Kitsap has proven to be an exceptional partner—visionary, reliable, and consistently
professional. Their commitment to uplifting Bremerton’s profile as a premier destination has had
a measurable positive impact on our community, our businesses, and the region at large.
We have seen this firsthand through their outstanding marketing and promotional work for local
hospitality assets, including Marina Square and Hotel Scandi. Their efforts played an
important role in showcasing these properties and supporting our ability to host the Cascade
PBS film crew during production of Northwest Explorer. The exposure and momentum
generated from that project reflect both Love Kitsap’s capacity and their deep understanding of
modern regional tourism.
Their dedication extends beyond individual properties. Love Kitsap has been an enthusiastic and
consistent promoter of Quincy Square, helping amplify one of Bremerton’s most exciting urban
revitalization projects. In addition, their ongoing support of the Historic Roxy Theatre—
through marketing, storytelling, and event coverage—has played a meaningful role in elevating
one of Bremerton’s most beloved cultural landmarks.
Across countless events, initiatives, and community collaborations, Love Kitsap has shown up—
covering, attending, and promoting activities that celebrate the unique identity of Bremerton.
Their work strengthens the narrative of who we are as a community and helps drive tourism,
investment, and pride across Kitsap.
Sound West Group values our partnership with Love Kitsap and appreciates the energy,
creativity, and leadership they bring to the region. We are confident that their continued efforts
will further advance Bremerton as a thriving hub for residents, visitors, and businesses alike.
Sincerely,
Wes Larson
Chief Executive Officer
Sound West Group
Memorandum
To: City Council
From: Kylie Finnell, City Attorney
Mychael Raya, Assistant City Attorney
Re: Use of real estate excise tax (REET) funds
Date: 1/23/26
Issue: Whether REET funds can be used for improving facilities for people experiencing
homelessness or at risk of homelessness – specifically though partnership with Eagles Wings
Coordinated Care (EWCC).
Short answer: Yes, two mechanisms exist: (1) Entry into an interlocal housing collaboration
under chapter 39.34 RCW (Interlocal Cooperation Act or ILA), or (2) Identifying a capital
project and specifying it in the budget and capital facilities plan.
Background:
- The law governing REET is RCW 82.46.
- Traditionally, REET revenues have only been able to be used for eligible capital projects
with limited exceptions.
- Recent legislative updates impact how cities may use REET funding and add flexibility.
REET Funding through an ILA:
- A new section has been added to RCW 82.46.035 that allows REET funds to be used
towards projects supported through an interlocal housing collaboration as established
under chapter 39.34 RCW, such as affordable housing projects or facilities for individuals
experiencing homelessness.
o Specifically, the section reads: (5) Revenues generated by the tax imposed under
subsection (2) of this section may be used towards planning, acquisition,
construction, reconstruction, repair, replacement, rehabilitation, or improvement
of facilities for those experiencing homelessness and affordable housing projects
that are supported through an interlocal housing collaboration as established
under chapter 39.34 RCW.
- Examples:
o King County and City of Seattle have elected to enter into an ILA that establishes
a new entity – e.g. the “King County Regional Homelessness Authority” (KCRHA).
Office of the City Attorney
Kylie Finnell, City Attorney
C1
MEMORANDUM
January 23, 2026
Page: 2
_______________________________________
Link to more info here: About Us - KCRHA and direct link to ILA here: Revised-
and-Amended_Interlocal-Agreement_November-7-2024.pdf
o The Cities of Spokane and Spokane Valley have elected to enter into a more
traditional ILA with Spokane County geared towards coordinating housing and
homelessness services and projects. Additional info can be found here: Spokane,
Spokane Valley Sign Interlocal Agreement with Spokane County - City of
Spokane, Washington
- Note: Additional requirements exist under RCW 82.46.035(6) & (7) – e.g. a percentage
and documentation of funds for other capital projects, but we do not believe those
requirements apply when proceeding under this ILA method.
REET Funding to Capital Projects through the Budget/Comprehensive Plan:
- Pertinent RCWs include 82.46.035(1), (3), and (4)(c) which state: (1) The legislative
authority of any county or city must identify in the adopted budget the capital projects
funded in whole or in part from the proceeds of the tax authorized in this section, and
must indicate that such tax is intended to be in addition to other funds that may be
reasonably available for such capital projects; and
(3) Except as provided in subsection (5) of this section, revenues generated from the tax
imposed under subsection (2) of this section must be used by such counties and cities
solely for capital projects specified in a capital facilities plan element of a comprehensive
plan.1 However, revenues (a) pledged by such counties and cities to debt retirement prior
to March 1, 1992, may continue to be used for that purpose until the original debt for
which the revenues were pledged is retired, or (b) committed prior to March 1, 1992, by
such counties or cities to a project may continue to be used for that purpose until the
project is completed.
(4) As used in this section, "city" means any city or town and "capital project" means
those public works projects or public investments of a local government for:
(c) Planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, or improvement of facilities for those experiencing homelessness and
affordable housing projects.
- In order to proceed this way, the capital project for which REET funding is intended
would need to either be listed in the appropriate capital improvement plan or specified
in the capital facilities plan (CFP) element of the comprehensive plan. See footnote 1, for
more Bremerton-specific details.
- Additional Restrictions: If REET funding is utilized through this process, the requirements
under RCW 82.46.035(6) & (7) do apply, which means:
1 Bremerton’s 6-year Capital Improvement Plan (CIP) is adopted through the biennium budget, which is adopted by
reference in the Comprehensive Plan. The City does not have a specific Capital Facilities Plan element, just CFP
information within the City Services element. Because the Comprehensive Plan adopts the budget by reference, it is
updated as the budget is updated, and updating capital projects within the budget would effectively be updating the
Comprehensive Plan to include said projects. See additional details in the City Services Appendix, page CSA -5:
City Services
MEMORANDUM
January 23, 2026
Page: 3
_______________________________________
o The city must document in its capital facilities plan that it has funds during the
next two years for capital projects in subsection (4)(a) of the section - e.g.
Planning, acquisition, construction, reconstruction, repair, replacement,
rehabilitation, or improvement of streets, roads, highways, sidewalks, street and
road lighting systems, traffic signals, bridges, domestic water systems, storm and
sanitary sewer systems; and
o Use of REET funds can be either the greater of $100,000 or 25% of available
funds for those capital projects.
Next Steps:
- Proceeding under ILA: The City would need to coordinate with Kitsap County (likely
through the Department of Human Services), and ideally other cities, on a collaborative
approach to housing. An ILA would need to be drafted, terms agreed upon and
approved by the legislative authority for each member of the agreement. An example of
something similar to this that was previously executed can be located here: KC-057-15
Interlocal Agreement with Cities Bainbridge Island, Bremerton, Port Orchard, Poulsbo
for SHB 2060 Surcharge Funds. The funding source with this ILA was not REET funding,
so different statutory rules applied. This is merely being supplied as an example of an
ILA previously used.
- Proceeding under CIP: The budget would need to be amended to include within the CIP
an identified EWCC project. Fortunately, EWCC has several projects in Bremerton that
appear to qualify and City staff can coordinate with EWCC on the best project or
projects for these funds. While budget amendments are generally only made mid-year,
the City can accommodate an amendment outside the regular cadence to update the
CIP for this purpose. A funding agreement between the City and EWCC will also need to
be executed. The budget amendment and funding agreement require City Council
approval.
- Recommendation: We recommend the City Council proceed under the CIP option.
Certainly, coordination with Kitsap County and other municipalities on an interlocal
housing collaboration can be pursued concurrently but such an ILA would likely be
broader in scope rather than applicable to a specific project or specific non-profit
partner.
-end-
From: City Council
Sent: Friday, January 16, 2026 5:05 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Subject: Next Steps on Bremerton City Council Shelter Funding Discussion
Dear Community Members,
As the 2026 Bremerton City Council President, I am writing to share an
update regarding the City Council’s continued discussion around funding
shelter services in Bremerton.
Based on the Council’s discussion during our January 14 Study Session,
leadership has decided not to move forward with a community meeting on
January 22. Instead, the topic of shelter funding will return for further
discussion at the January 28 City Council Study Session.
To provide some important context, on the evening of December 18, 2025,
the City Council was forwarded an email that the Mayor had received that
evening from Kitsap County Administrator, Torie Brazitis. The email, specific
to funding The Salvation Army, contained background on the County’s
support of shelter operations. Of specific importance was the paragraph that
read: “As we cannot afford their requested costs into 2026 with reduced
federal funds, and the City has refused to contribute, the County can only
afford to fund night shelter operations starting January 1. This restores their
shelter services to pre-COVID levels. Our new contract extends these
services to June 30 and will require $300-$500k, this time from the County’s
reserves. The Board will review the funding of this program in early 2026 and
decide their approach toward these services from July 1 on. Their first
briefing is scheduled for Monday, January 5 from 2-3 p.m.”
When the City Council received the County’s email on December 18, there
was no opportunity for discussion before the end of the year, as the Council’s
final meeting had taken place the day prior. In addition, the Council had not
previously been engaged in conversations with the County about developing
a funding plan to ensure ongoing operations at The Salvation Army, despite
references to coordination in the letter.
After learning that the County’s decision could lead to layoffs and other
challenges for The Salvation Army and the individuals they serve, efforts were
made to explore short-term options to help keep services in place at the start
of the new year. This included conversations with the Bremerton Housing
Authority (BHA), state legislators, and Salvation Army leadership. The hope
was that a portion of the City’s previously obligated shelter funds could be
C2
used temporarily to support continued operations, with the possibility of
replenishing those funds through future state resources.
While I was optimistic following the initial conversation, following further
review, this option was determined not to be feasible for BHA. Additional
discussions with County leadership also confirmed that they are facing
significant funding constraints and are unable to address the shortfall for
24/7 Salvation Army shelter operations. That position was reiterated in a letter
sent to the City Council and Mayor on the evening of January 14, 2026.
That brings us to the January 14 Study Session, which was the first
opportunity the new Council was able to hear an update from BHA and the
Community Partners. Based on the information shared, Councilmembers
raised several important questions about how best to approach the City’s
investment in homelessness response, particularly regarding the use of funds
currently committed to the proposed hybrid, low-barrier shelter on the
property that is now owned by the Bremerton Housing Authority (BHA).
During the discussion, BHA clearly stipulated that the proposed hybrid model
they are willing to lead is specific to the Sheridan parcel site, with no flexibility
to relocate it to another location or less costly shelter model. BHA also
confirmed they would be unable to redirect any funds committed to them to
another organization, and suggested that if the City Council wanted to direct
any portion of the funds to another organization, the agreement with BHA
would have to be terminated.
As concerns remain around the feasibility and timing of the BHA project and
the uncertainty around Kitsap County’s ongoing funding of The Salvation
Army, the Councilmembers felt additional discussion was necessary to
determine how to best deploy the available funds.
Continued discussion is scheduled to take place at the January 28 Study
Session. Councilmembers expressed interest in hearing from the public as
they consider whether the funds currently committed should:
1. Continue to support the Community Partners’ project at Sheridan;
2. Be used to help sustain the Salvation Army emergency shelter; or
3. Be applied in some other way.
Community members are encouraged to submit written comments to the
City Council in advance of the January 28 Study Session. For anyone wishing
to make a comment to be included in the material Councilmembers will
review in advance of the meeting, please email your comments no later
than 5 PM on January 23 to: city.council@bremertonwa.gov. Feedback
received by this deadline will be shared with Councilmembers and
considered as part of their deliberations. Community feedback received after
the deadline or following the meeting will be maintained in the meeting
record. Anyone wishing to hear the January 14 Study Session discussion can
do so by accessing the recording, available here.
We appreciate the community’s continued engagement on this important
issue and will share additional information following the January 28
discussion.
Sincerely,
Jane
Jane Rebelowski, President
Bremerton City Council
345 6th Street, Suite 100
Bremerton, WA 98337-1873
city.council@ci.bremerton.wa.us
(360) 473-5280
www.BremertonWA.gov
NOTE: Please be advised the City of Bremerton is required to comply with the Public Records
Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of
public records. As such, the information you submit to the City, including personal information,
may ultimately be subject to disclosure as a public record.
Published for
January 28
Study Session
Item C2
Public Comments