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Home My WebLink About02/18/2026 CITY COUNCIL 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 WEDNESDAY, FEBRUARY 18, 2026 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. CONSENT AGENDA A. Claims and Check Register B. Minutes of Council Meeting – February 4, 2026 C. Minutes of Study Session – February 11, 2026 D. Confirm Reappointment of Vanessa Acierto to BKAT Community Advisory Committee E. 2026 Excess Workers’ Compensation Insurance Renewal with Safety National Casualty Corporation F. Public Works Agreement for the Purchase of Playground Equipment from Buell Recreation LLC for the Kitsap Lake Park Playground G. National Fitness Campaign Court Grant Application H. Utility Relocation Agreements for Site B and Site C with Kiewit for WSDOT Fish Passage Project 4. GENERAL BUSINESS – There are no General Business items. 5. MAYOR'S REPORT 6. COUNCIL MEMBER REPORTS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may attend remotely through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09  Or One tap mobile: US: +12532050468…89694813320#...*173061# or +12532158782…89694813320#...*173061#  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 +1 669 444 9171 or +1 669 900 6833 Webinar ID: 896 9481 3320; Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: February 18, 2026 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 413879 – 414024 and EFT Numbers V45511 - V45635 in the grand total amount of $3,179,722.79 2. Regular Payroll for pay period ending January 31, 2026 in the amount of $1,236,872.42 3. Regular Payroll Payouts for pay period ending January 31, 2026 in the amount of $4,223.54 ATTACHMENTS: FISCAL IMPACTS: STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Claims & Check Register as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – February 4, 2026 Study Session Date: N/A COUNCIL MEETING Date: February 18, 2026 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on February 4, 2026 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the February 4, 2026 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3B CITY COUNCIL MEETING MINUTES Wednesday, February 4, 2026 The bi-weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 4, 2026 at 5:00 PM in Council Conference Room 603 of the Norm Dicks Government Center, 345 6th Street, in Bremerton, Washington, with Council President Jane Rebelowski presiding. Council Members present were Jennifer Chamberlin, Denise Frey, Christy Cammarata, Michael Goodnow, Anna Mockler (remote 5:30 PM), and Rick Tift. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen. CONSENT AGENDA 3A – CLAIMS AND CHECK REGISTER Check Numbers 45363 through 45371 and 413717 through 413878 and EFT Numbers V45362 through V45510 in the grand total amount of $9,384,114.90; Regular Payroll for pay period ending December 31, 2025 in the amount of $1,243,531.43; Regular Payroll for pay period ending January 15, 2026 in the amount of $1,302,997.42; Retiree Payroll for pay period ending January 31, 2026 in the amount of $46,813.18; Regular Payroll Pay Out for pay period ending January 15, 2026 in the amount of $12,227.05. 3B – MINUTES OF MEETING – JANUARY 21, 2026 3C – MINUTES OF STUDY SESSION – JANUARY 28, 2026 3D – CONTRACT MODIFICATION AGREEMENT NO. 2 WITH PARAMETRIX, INC. FOR DESIGN AND CONSTRUCTION SERVICES FOR THE E. 9TH STREET STORMWATER IMPROVEMENTS PROJECT 3E – APPROVE EASEMENT ACQUISITION FOR SEWAGE PUMP STATION EB-10 FOR THE TRACYTON BEACH ROAD SEWER IMPROVEMENTS PROJECT 3F – DRINKING WATER STATE REVOLVING FUND LOAN CONTRACT WITH WA STATE DEPARTMENT OF HEALTH FOR THE MANGANESE TREATMENT FACILITIES (EASTSIDE) PROJECT 3G – CONTRACT MODIFICATION NO. 8 WITH PARAMETRIX, INC. FOR ENGINEERING SERVICES FOR THE KITSAP LAKE PARK RENOVATION PROJECT 3H – WASHINGTON STATE DEPARTMENT OF ECOLOGY 2025-2027 BIENNIAL STORMWATER CAPACITY GRANT 3I – 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 3J – APPROVE EXTENSION OF APPOINTMENT OF CHANCE BERTHIAUME AS PROVISIONAL PUBLIC WORKS & UTILITIES DIRECTOR 3K – LETTER IN RESPONSE TO BREMERTON HOUSING AUTHORITY 5:35 PM M/S/C/U (Chamberlin/Frey) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously. PUBLIC HEARING 4A – PUBLIC HEARING ON INTERLOCAL AGREEMENT WITH THE PORT OF PORT ANGELES FOR SALE AND PURCHASE OF SURPLUS EMERGENCY FIRE AND RESCUE BOAT: Fire Chief Pat McGanney presented on this item. The City of Bremerton desires to enter into 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. City Council Reg. Mtg. Minutes Wednesday, February 4, 2026 Page 2 of 4 President Rebelowski explained the purpose of this Public Hearing was to accept public comment and action was anticipated. Questions or comments from the public were provided by Jose Camacho, Robin Weldin. With no further questions or comments received, President Rebelowski closed the Public Hearing. 5:41 PM Motion was made by Goodnow; and Seconded by Chamberlin. 5:42 PM M/S/C/U (Goodnow/Chamberlin) 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. Motion carried unanimously. 5 – GENERAL BUSINESS 5A – CONTRACT MODIFICATION AGREEMENT NO. 1 WITH PARAMETRIX, INC. FOR THE ACTIVE TRANSPORTATION PLAN: Public Works Project Manager Katie Ketterer presented on this item. Staff have negotiated a contract modification with Parametrix to complete updates to the Active Transportation Plan (ATP). The ATP updates were started in 2023 as part of the Comprehensive Plan update, and both were originally intended to be delivered together. Following public feedback, it was decided that the ATP could be carved out of the Comp Plan and handled separately. This would allow for additional public outreach and engagement, more specifically focused on 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 includes 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, inclusive of this Contract Modification. 5:47 PM Motion was made by Frey; and Seconded by Chamberlin. Questions or comments were provided by Frey, Tift, Chamberlin, Mockler, Cammarata, Rebelowski; with responses provided by Public Works Project Manager Ketterer. 6:07 PM M/S/C/U (Frey/Chamberlin) 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. Motion carried unanimously. At 6:08 PM, Council Member Michael Goodnow recused himself from discussion and action on Item 5B. 5B – 2026 LODGING TAX ADVISORY COMMITTEE FUNDING RECOMMENDATIONS: 2025 LTAC Chair and Council Member Jennifer Chamberlin presented on this item. 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, City Council Reg. Mtg. Minutes Wednesday, February 4, 2026 Page 3 of 4 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). 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. 6:10 PM Main Motion was made by Frey; and Seconded by Tift. Questions or comments were provided by Frey, Tift, Chamberlin, Cammarata, Mockler, Rebelowski; with responses provided by Council Member Jennifer Chamberlin and City Attorney Kylie Finnell. A second round of discussion included questions or comments provided by Tift, Mockler, Frey, Rebelowski; with responses provided by Council Member Jennifer Chamberlin. 6:41 PM Main Motion was withdrawn by Frey. 6:41 PM Motion to reject the funding recommendations and to ask LTAC to reconsider only the DMO request was made by Mockler and died due to a lack of a second. 6:43 PM M/S/C (Frey/Cammarata) Move to reject Funding Recommendations from the Lodging Tax Advisory Committee; and return recommendation to LTAC for reconsideration of the allocations and give further explanation of the decision-making criteria. Voted in Favor of Motion: Mockler, Tift, Frey, Cammarata, Rebelowski Abstained: Chamberlin Recused: Goodnow Motion carried: 5-Yes; 1-Abstention; 1-Recusal At 6:45 PM, Council Member Michael Goodnow returned to the meeting. 6 – MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:  New Bremerton Foodline Donation Program for City Employees led by Diversity & Community Engagement Manager Dr. Jeneise Briggs  New CommUNITY Engagement Hub on the City’s Website  Well 7A Update  Partnership with Washington Youth Academy for Blueberry Park Restoration  Open Air Gallery to open on February 23 at 3:00 PM on Washington Avenue  “Sweetheart Stampede” Daddy Daughter Dance on February 7 from 7:00 to 10:00 PM at the Bremerton Elks Lodge, 4131 Pine Road 7 – COUNCIL MEMBER REPORTS Jennifer Chamberlin will be re-activating the Stephenson Canyon Stewardship Group soon. Denise Frey provided an overview of the Harrison Heights Subarea, which included the opportunities for projects in the former Harrison hospital site and throughout District 2. Christy Cammarata invited the community to join her District 3 contact list; provided a reminder to arrange safe transportation to and from Superbowl gatherings; and featured 4th Street business Fingers Duke for Seahawks apparel and local art. Michael Goodnow welcomed new District 7 businesses: Lobster Dogs, 2711 6th Street and Hippie Hut, 347 North Callow Avenue; and announced upcoming events: Cupid Chocolate Crawl & Costume Contest on February 13 from 5:00 to 7:00 PM and the Charleston Business District’s Monthly Meeting on February 17 at 6:00 PM at Eastern Wind Glass, 2604 Burwell. Anna Mockler announced her next District 6 Town Hall on Monday, February 9 featuring Finance Director Mike Riley from 5:00 to 6:30 PM in the Conference Room at the Public Works Oyster Bay City Council Reg. Mtg. Minutes Wednesday, February 4, 2026 Page 4 of 4 Facility; and public comments will be accepted on the proposed conversion of the former Premier Rentals building at Kitsap Way and National Avenue to a gas station/convenience store. Rick Tift provided an update on the Kitsap Lake Stormwater Retrofit Project. President Rebelowski encouraged the community to continue sending comments via email, which are reviewed and included in the meeting record; encouraged designated drivers during the Superbowl; and announced that comments for Council’s consideration may be sent by the Tuesday before each regular business meeting; and that the next Study Session will be on Wednesday, February 11 beginning at 5:00 PM in the 6th Floor Council Conference Room. 8 – ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING With no further business, President Rebelowski adjourned the Council Meeting at 7:17 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 18th day of February, 2026. ________________________________________ JANE REBELOWSKI, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk JR:AH:AW:CG AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Minutes of Study Session – February 11, 2026 COUNCIL MEETING Date: February 11, 2026 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on February 11, 2026 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the February 11, 2026 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3C CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 11, 2026 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, February 11, 2026 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government Center at 345 6th Street, with Council President Jane Rebelowski presiding. Other Council Members present were Jennifer Chamberlin, Denise Frey, Christy Cammarta, Michael Goodnow, Anna Mockler, and Rick Tift. Legislative Office Manager Anne Williams provided staff support. A. AGENDA BILL BRIEFINGS 1. Confirm Reappointment of Vanessa Acierto to BKAT Community Advisory Committee – Public Access Manager Colleen Miko, to be placed on the February 18 Council Meeting on the Consent Agenda. 2. 2026 Excess Workers’ Compensation Insurance Renewal with Safety National Casualty Corporation – Risk Manager Specialist Melisa Folmer and City Attorney Kylie Finnell, to be placed on the February 18 Council Meeting on the Consent Agenda. 3. Public Works Agreement for the Purchase of Playground Equipment from Buell Recreation LLC for the Kitsap Lake Park Playground – Parks & Recreation Director Tim Barker, to be placed on the February 18 Council Meeting on the Consent Agenda. 4. National Fitness Campaign Court Grant Application – Parks & Recreation Director Tim Barker, to be placed on the February 18 Council Meeting on the Consent Agenda. 5. Utility Relocation Agreements for Site B and Site C with Kiewit for WSDOT Fish Passage Project – Managing Engineer Bill Davis, updated Agenda Bill to be placed on the February 18 Council Meeting on the Consent Agenda. President Rebelowski called a break from 6:11 PM to 6:25 PM. B. GENERAL COUNCIL BUSINESS 1. Discussion on Transportation Benefit District – Council President Jane Rebelowski and Financial & Administrative Services Director Mike Riley 2. Continued Discussion on Public Comment and Public Recognition – Council President Jane Rebelowski and City Attorney Kylie Finnell. Council will review resource materials from the ACLU and MRSC, as well as examples of policies that other Cities have adopted. Councilmembers were asked to be prepared to discuss their recommendations at the February 25 Study Session. 3. Audit Committee Briefing (Last Meeting 2/2/26) – Chair Christy Cammarata shared there will be a special meeting on February 17 at noon to wrap up one final audit report from 2025. Going forward the 2026 meeting schedule will be every other month on the second Tuesday at noon. 4. Public Safety Committee Briefing (Last Meeting 2/3/26) – Chair Michael Goodnow shared the main topic at the last meeting was the proposed Fire Levy Lid Lift, which will be brought to the February 25 Study Session for review. 5. Regional and Other Committee/Board Briefings – President Rebelowski provided an update from the Kitsap 911 retreat. The top priority of the 2026 Board is to reduce the number of directors, which currently sits at 13 on the BOD. The City is the third highest user of 911 services behind Kitsap County Sheriff, Regional Fire Districts, and all the rest of the cities total 13%. The City and County currently have three seats on the Board. 6. General Council Business (Only as necessary, as time allows) – was discussed, including the updated Traffic Calming policy that was signed by the Mayor at the end of 2025. City Council Study Session Minutes Wednesday, February 11, 2026 Page 2 of 2 C. EXECUTIVE SESSION At 7:30 PM, President Rebelowski announced the Council would meet for 15-Minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1)(i). No action was anticipated. At 7:45 PM, President Rebelowski called the meeting back to order. D. ADJOURNMENT OF STUDY SESSION With no further business, the Study Session was adjourned at 7:45 PM. Prepared & submitted by: _____________________________ ANNE WILLIAMS Legislative Office Manager APPROVED by the City Council on the 18th day of February, 2026. JANE REBELOWSKI, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk JR:AH:AW AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 11, 2026 Confirm Reappointment of Vanessa Acierto to BKAT Community Advisory Committee COUNCIL MEETING Date: February 18, 2026 Department: Bremerton Kitsap Access Television Presenter: Colleen Miko Phone: (360) 473-5014 SUMMARY: The Mayor is seeking confirmation for the reappointment of Vanessa Acierto to BKAT Community Advisory Committee as a City of Bremerton staff representative. The term expires December 31, 2026. Vanessa has been serving on the Committee since late 2022. ATTACHMENTS: Application for City Boards/Commissions/Committees FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Vanessa Acierto to BKAT Community Advisory Committee as City of Bremerton staff representative for the term expiring December 31, 2026. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3D Application for City Boards / Commissions / Committee Date 1/13/2026 First Name Vanessa Middle Name Field not completed. Last Name Acierto Home Phone Address1 Address2 Field not completed. City Silverdale State WA Zip 98383 Occupation Human Resources Analyst I Employer City of Bremerton Work Address1 345 6th Street Work Address2 Field not completed. City Bremerton State WA Zip 98311 Work Phone 3606890390 Fax Field not completed. Email vanessa.acierto@ci.bremerton.wa.us Education Bachelor of Arts in Political Science from University of Washington, Seattle Certificate in Business Administration, Foster School of Business, University of Washington, Seattle Local References Angela Hoover, 360-473-5323 I am interested in serving: Public Access Citizens Advisory Committee (Bremerton Kitsap Access Television/BKAT) Is this an application for reappointment? Yes If yes, how many years have you served on this commission or committee? First appointed August 2022 How long have you lived in Bremerton over 25 years total (moved and came back) Why are you applying for this appointment? I continue to be impressed by the hard work and dedication BKAT Staff and BKAT members have for the programming they put out and have been honored to be even a small part of that. I hope to be reappointed and serve another term. Which of your personal and / or professional interests prompted you to apply for this appointment? I like the idea of BKAT bridging the gap between area citizens and those at City Hall and all the City Staff in the communities BKAT covers. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. I served as the staff person for City Council's Public Safety Committee for over 2 years. Please list your qualifications for this appointment (include skills, activities, training, education): The classes I took to earn my Certificate in Business Administration provided me with much training that could be very useful serving on this advisory committee. I learned about interpersonal communication, negotiation, project management, budgeting and accounting for businesses, advertising and communicating with a broad audience through various forms of media. My Political Science degree has taught me effective writing skills, critical thinking skills, an ability to always see both sides of an issue, and the appreciation of the difference even just one person can make in society. I've spent over 15 years working in the legal field where I've learned to have compassion, patience, and attention to detail. I've worked with many different types of people from varying socioeconomic backgrounds which will help me keep an open mind and be particularly inclusive on this committee. Of course, now that I've had a chance to serve on the Committee, I have that experience to help me as well. What are your community interests (committee, organizations, special activities)? I am very open in my interests! I like the idea of helping BKAT target younger community members in order to grow support early from them and hopefully, gain some lifelong supporters. I have spent the last two year acting with various community theaters in Kitsap County, which takes quite a bit of my time. I also enjoy attending events around town, such as Story Night and Bremerton First Fridays. Please list any accommodations you need to perform volunteer duties: N/A We welcome your willingness to serve Bremerton. Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form constitutes a public record and is subject to public release upon request. Prior to release, the following information may be redacted pursuant to RCW 42.56.250(3): Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, driver’s license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. Applicants are considered for appointment without regard to race, color, religion, gender, national origin, sexual orientation, age, genetic information, marital or veteran status, or the presence of any disability. Updated 3/24/2020 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 11, 2026 2026 Excess Workers’ Compensation Insurance Renewal with Safety National Casualty Corporation COUNCIL MEETING Date: February 18, 2026 Department: City Attorney’s Office / Risk Management Presenter: Kylie Finnell / Melisa Folmer Phone: (360) 473-5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and requires City Council approval for the continuation of any bound coverage that exceeds an annual premium of $25,000. Excess Workers’ Compensation for 2026 has been bound with Safety National Casualty Corporation at an annual premium of $158,312. The self-insured retention (“SIR”) for first responders is $1,000,000 and for all other employees $500,000. There are no changes in retentions or policy forms from last year. ATTACHMENTS: Aon’s Details of Coverage / Policy Term / Premium FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2026. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the 2026 Excess Workers’ Compensation Insurance with Safety National Casualty Corporation in the amount of $158,312. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3E Proprietary & Confidential Details of Coverage / Policy Term / Premium 6 Expiring Program 2025-26 Renewal Program 2026-27 Insurance Company Safety National Casualty Corporation A.M. Best's Rating AA++ XV Exposure and Rate Work Hours 678,031 713,116 Rate Worker Hours 0.222 0.222 Premiums Deposit $150,523 $158,312 TRIA Included Included Limit Each Accident Workers' Compensation Statutory Statutory Employers Liability $1,000,000 $1,000,000 Retentions Each Occurrence Except $500,000 $500,000 Police, Firefighters and Volunteer Law Officers $1,000,000 $1,000,000 Endorsements (Not Limited too) 1) Voluntary Compensation X X 2) Terrorism Risk Insurance Program Reauthorization Act X X AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 11, 2026 Public Works Agreement for the Purchase of Playground Equipment from Buell Recreation LLC for the Kitsap Lake Park Playground COUNCIL MEETING Date: February 18, 2026 Department: Parks & Recreation Presenter: Tim Barker Phone: (360) 473-5428 SUMMARY: This project will install a new accessible playground at Kitsap Lake Park. The playground equipment was selected through public feedback collected via a survey, and the Commission approved the final design on January 27th. The equipment pricing has been competitively solicited and publicly awarded through the Sourcewell Cooperative Purchasing Agreement. The Total Project Cost: $192,211.66 includes equipment, safety surfacing, installation, ADA ramp, freight, and sales tax. ATTACHMENTS: 1) Public Works Agreement; 2) Buell Recreation LLC Quote #G25-0579A; 3) Playground Design Drawings FISCAL IMPACTS (Include Budgeted Amount): The playground equipment ($192,211.66) is funded through a $311,370 Department of Commerce grant. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement for the purchase and installation of playground equipment from Buell Recreation LLC in the amount of $192,211.66, sales tax included; 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 3F Public Works Agreement (short form) Rev. 04/2023 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Buell Recreation LLC (“Contractor”), whose mailing address is 7327 SW Barnes Rd. #601, Portland, OR 97225. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City:  Playground equipment  Layout, mark, and dig all holes required for the installation of play equipment  Install posts and platforms per the manufacturer’s specifications  Supervise play equipment installation and assembly during the Community Build Day as identified in quotation ##G25-0579A, attached hereto as Attachment A, which is incorporated herein.  Install new ADA ramp per specs in new location to fit use zones of play equipment  Certified Engineered Wood Fiber Surfacing – Blow In 2. TIME OF COMPLETION. Contractor shall complete the work within 90 calendar days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $192,211.66, which includes Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final accep tance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Public Works Agreement (short form) Rev. 04/2023 Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C.. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to Public Works Agreement (short form) Rev. 04/2023 commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Federal, Davis-Bacon Wage Rates current on the bid opening date. The Davis-Bacon wage rates are available at the US Department of Labor website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. Public Works Agreement (short form) Rev. 04/2023 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS Public Works Agreement (short form) Rev. 04/2023 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when c ompleted shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Public Works Agreement (short form) Rev. 04/2023 Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and B. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. Public Works Agreement (short form) Rev. 04/2023 The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless Public Works Agreement (short form) Rev. 04/2023 otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered o r certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension & Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially Public Works Agreement (short form) Rev. 04/2023 equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Attn: Ryan Bittner, CFO Attn: Tim Barker Buell Recreation LLC City of Bremerton 7327 SW Barnes Rd. #601 345 6th Street, Suite 100 Portland, OR 97225 Bremerton, WA 98337 (360) (360) (facsimile) APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 04 2023.doc Fax: 866-597-0033 | 1-800-266-1250 | 1-800-266-1250 Buell Recreation LLC 7327 SW Barnes Rd #601 Portland, OR 97225 USA +15039221650 admin@buellrecreation.com Quote ADDRESS Bremerton Parks & Recreation 680 Lebo Blvd Bremerton, WA 98310 SHIP TO Kitsap Lake Park 1978 Price Rd NW Bremerton, WA, 98312 QUOTE #DATE EXPIRATION DATE G26-0054 01/28/2026 02/27/2026 PROJECT SALES REPRESENTATIVE Kitsap Lake Park- Option C2 Rachel Gora ACTIVITY QTY RATE AMOUNT Play Structure BCI Burke Structure per proposal #907-207726-7 1 116,801.00 116,801.00T Sourcewell Discount Sourcewell Contract Discount per Contract #010521-BUR 1 -17,520.15 -17,520.15T Discount Special Pricing Discount 1 -11,417.85 -11,417.85T Freight Shipping 1 7,750.00 7,750.00T Supervised Install Layout equipment per Proposal 907-207726-7, and install posts and platforms (does not include attaching slides). Includes offloading equipment if arrives at same time as installation and disposal of spoils/trash offsite. Supervised install $4,000/day - for City to install panels and attachments. If not done after one day can extend for additional, or they can continue on their own. Does not include any installation warranty on the portions installed by others. City will need to provide their own tools. Does not include any additional labor after posts and platform installation. (One day is included in the total) Install new ADA ramp per specs in new location to fit use zones of playground equipment. ***Excludes demo of existing ADA ramp*** Prevailing Wages 1 67,067.00 67,067.00T EWF 144 CY Certified Engineered Wood Fiber Surfacing- Blown- In Note: Freight is calculated based on one truckload required. Depending on the maximum EWF weight, loads may be shortened or additional freight costs may be required due to potential wet weather impacting the EWF weight. 1 13,338.00 13,338.00T Buell Billing 1 0.00 0.00 Fax: 866-597-0033 | 1-800-266-1250 | 1-800-266-1250 ACTIVITY QTY RATE AMOUNT Please make Purchase Order to Buell Recreation and email to your representative or sales@buellrecreation.com. Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Please provide the following with your signed quote/purchase order: -Payment per terms if required -Color selections -Shipping Address -Site Contact Name and Phone Number -Any Other Key information requested Terms Govt. Govt. Purchase Order with payment due 30 days from product shipment and services such as installations due upon completion. Equipment may be invoiced separately from other services and are payable in advance of project/supply or completion. No retainage. 1 0.00 0.00 Lead Time Lead Time is approx. 4-5 weeks from receipt of your completed order and payment (if required). Lead times can fluctuate so please inquire upon time of ordering. We are making every effort to increase our capacity and improve our lead times. 1 0.00 0.00 Bond Performance Bond is not included- if required add 3% to the overall bid. 1 0.00 0.00 Sourcewell Contract Sourcewell Publicly Solicited Contract #: 010521-BUR Bremerton Member ID#: 20107 https://www.sourcewell-mn.gov/ 1 0.00 0.00 PLACING AN ORDER: Upon ordering please review and return this signed quote with a copy of your purchase order and tax exempt certificate, if applicable. Please mark any changes on the quote such as billing/shipping address, drivers contact and color selection. IF INSTALLATION IS INCLUDED: This quote does not include Prevailing Wages, Davis Bacon Wages or Performance Bonds unless noted. Owner is responsible for site preparation unless otherwise noted. SUBTOTAL 176,018.00 TAX (9.2%) 16,193.66 TOTAL $192,211.66 Accepted By Accepted Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 11, 2026 National Fitness Campaign Court Grant Application COUNCIL MEETING Date: February 18, 2026 Department: Parks & Recreation Presenter: T. Barker Phone: (360) 473-5428 SUMMARY: The Parks & Recreation Department is requesting support to apply for a grant to provide partial funding for the development and installation of a fitness court at Evergreen Rotary Park. Outreach and feedback from the PROS plan showed a desire for more fitness-related amenities within our park system. This product provides the ability for residents to utilize free fitness equipment along a busy pathway within the community. The space also allows the ability for various types of classes to be programmed on the second half of the court, such as tai chi, yoga, or similar. Applying for the grant does not lock the city into purchasing the equipment if awarded. ATTACHMENTS: 1) NFC Health Impact Fact Sheet; 2) NFC 2026 Muni Briefing Deck; 3) NFC Funding Slide FISCAL IMPACTS (Include Budgeted Amount): The grant is for $40,000 towards the purchase and installation of the court. Additional fundraising will occur through donations, sponsorships and/or offset by the Parks Capital fund. No general fund tax support is being requested currently. Full buildout cost ranges between $200,000-$275,000 depending on amenities, the exact design is yet to be determined. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the National Fitness Campaign Grant Application; and authorize the Parks and Recreation Director to finalize and submit the application with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3G National Fitness Campaign Partnership Health Impact Fact Sheet 1. Physical Activity & Preventable Disease ● Physical inactivity is linked to at least 35 chronic conditions — including heart disease, type 2 diabetes, hypertension, breast and colon cancer, depression, and cognitive decline.¹ ● In the United States, insufficient physical activity contributes to ~110,000 premature deaths annually and roughly $117 billion in avoidable health‑care costs each year.² ● Increasing moderate-to-vigorous activity by just 10 minutes per day could prevent more than 100,000 deaths annually.³ ● One U.S. analysis estimated that 1.1 million cardiovascular disease cases and $5.4 billion in direct medical expenditures were associated with inactivity.⁴ Sources: 1. Booth et al., Prog Cardiovasc Dis (2017) 64(1): 12‑27 PubMed 28814614 2. CDC, “Physical Activity: Key Facts,” 2023 (cdc.gov) 3. Saint‑Maurice et al., JAMA Intern Med (2022) 182(3): 231‑238 (dceg.cancer.gov) 4. Pratt et al., Med Sci Sports Exerc (2000) 32(9 Suppl): S605‑S615 PubMed 15454355 2. Quality of Life, Mental Health & Activity ● A meta‑analysis found that adults meeting recommended physical activity levels had ~25% lower risk of depression compared to those who were inactive; even at about half those activity levels the risk reduction was ~18%.⁵ ● Regular physical activity significantly reduces the risk of anxiety: a meta-analysis across 11 cohorts found increasing physical activity was associated with up to 16% lower risk of anxiety, with stronger reductions (~49%) in certain sub‑groups.⁶ Older adults engaging in higher levels of physical activity can gain an additional 6.3 years of healthy life (good self‑rated health) and 2.9 years without chronic disease between ages 50‑75, compared with inactive peers.⁷ A study of seniors found that those who were more physically active enjoyed years of self‑reported good health and years without difficulty in daily activities, compared to sedentary older adults.⁸ Sources: 5. Systematic review/meta‑analysis on physical activity & depression: PMC 9008579 6. Meta-analysis on physical activity & anxiety: PubMed 40534999 7. Older adults: additional years of healthy life (OUP Academic) (academic.oup.com) 8. Seniors’ quality of life and daily function (PMC) (PMC 3978479) National Fitness Campaign Partnership Health Impact Fact Sheet 3. Built Environment & Behavior / Culture ● Built environments that encourage walking and social interaction promote social cohesion and emotional well‑being, reinforcing mental‑health resilience across communities.⁹ ● A strong body of evidence shows that walkability, mixed land use, safe streets, and access to green/open space are positively correlated with physical activity and lower obesity rates.¹⁰ ● In U.S. cities, each 10 % increase in land‑use mix is associated with a 25 % lower prevalence of overweight and obesity among adults aged 50‑75.¹¹ ● A review of 169 empirical studies found that nearly 90 % reported beneficial relationships between built-environment features (parks, trails, sidewalks, connectivity) and activity or weight outcomes.¹² ● Multiple longitudinal and intervention-based studies now show that intentionally modifying the built environment (e.g., creating walkable routes, adding exercise facilities, improving destination accessibility) leads to measurable increases in physical activity, providing strong proof that built environments do change behavior.¹³ Sources: 9. Coffee et al., Health Place (2013) 21: 163-169 PubMed 23501378 10. Sallis et al., Health Place (2012) 18(5): 795‑803 PubMed 28784183 11. Frank et al., Am J Prev Med (2008) 35(2): 114‑122 PubMed 18541175 12. Papas et al., Obesity Reviews (2007) 8(2): 115‑129 PubMed 22897546 13. Smith et al., Int J Behav Nutr Phys Act (2022) 19: 142 IJBNPA NATIONAL FITNESS CAMPAIGNCAMPAIGN BRIEFING Healthy Community this Year to welcome 1000 Healthy Communities by 2026 CELEBRATING 750TH NOW FUNDED America’s Largest Public-Private Wellness Partnership OUR MISSION : to Build Healthy Communities USA Switzerland Japan FranceIsrael UK Austria 85 75 80 70 $1,000 $5,000 $10,000 Life Expectancy vs Health Expenditure TO MAKE WORLD CLASS FITNESS FREE WHY WE DO IT UNDERSTANDING THE PROBLEM AMERICA IS FACING A HEALTH CRISIS CAUSED BY SEDENTARY LIFE- STYLES AND CITIES DESIGNED FOR CARS. USA SPENDS MORE MONEY THAN ANY OTHER ON HEALTHCARE WITH POOR RESULTS. BECOMING THE SOLUTION WHEN COMMUNITIES ARE DESIGNED TO SUPPORT WELL- BEING, HEALTH OUTCOMES CHANGE! BROUGHT TO YOU BY MULTI-SITE FUNDING FOR HEALTH IMPACT HEALTHY INFRASTRUCTURE PLANNING PLANNING PHASING LAYOUTS PROJECTIONS SCORES MAPPING TRAILS 80% HEALTHY SITE SCORE 78% HEALTHY SITE SCORE 84% HEALTHY SITE SCORE 92% HEALTHY SITE SCORE BUILDING HEALTHY COMMUNITIES MULTI-SITE PHASING FOR HEALTH IMPACT HEALTHY SITE SCORE (HSS) STUDIO A COMPREHENSIVE COMMUNITY WELLNESS PROGRAM WHAT WE DOCAMPAIGN OVERVIEW AMBASSADOR TRAINING MOBILE APP PUBLIC ART LAUNCH & PRESS DESIGN & PLANNING GRANT FUNDING INSTALLATION EXPERT CONSULTING STUDIO HIIT YOGA ZUMBA DANCE STRETCH KICKBOXING TAI -CHI OUTDOOR WELLNESS CENTER CONFIGURATION: FITNESS COURT® STUDIO COMMUNITY WELLNESS PROGRAMMING WELCOMES ENTIRE COMMUNITY MAYORS WELLNESS SERIES COMMUNITY WELLNESS HUB OUTDOOR WELLNESS CENTER CONFIGURATION: FITNESS COURT® CORE SQUAT PUSH LUNGE PULL AGILITY BEND 7 MOVEMENT FULL BODY WORKOUT FUNCTIONAL TRAINING SYSTEM DIGITALLY ACTIVATED Coach in your Pocket WORLDS BEST OUTDOOR GYM ART EVERY FITNESS COURT IS A WORK OF ART WORK WITH LOCAL ARTISTS NFC DESIGN STUDIO WORLD RENOWN ARTIST GALLERY KEITH HARING | JEAN MICHEL BASQUIAT Custom Art Work with the in-house NFC Art Studio Team Fitness Court Art Unique design included in your state campaign Fitness Court Art Offerings Front Wall Unlocked for Additional Artwork Support your Local Artist Community with a $5,000 Grant to the Artist provided by NFC! Local Artist Invite a Local Artist to create a mural that represents your community! Additional Funding Required. Example Art: Will be customized for your city Additional Funding Required. Example Art: Will be customized for your city Example Art: to be conﬁrmed at Award EXTENDED SEASONAL USE UV & SUN PROTECTION INTEGRATED DESIGN ENHANCED AESTHETICS MADE IN USA LONG LASTING MATERIALS FITNESS COURTS & FITNESS COURT STUDIOS NOW AVAILABLE FOR SHADE WORLDS BEST OUTDOOR GYM JUST GOT COOLERNEW! NFCCAMPAIGN IMPACT BUILDING HEALTHY COMMUNITIES 1. 2. 3. 4. 5. BE A PART OF THE NATIONAL FITNESS CAMPAIGN AMERICA’S LARGEST PUBLIC PRIVATE WELLNESS PARTNERSHIP HEALTH BENEFITS MORE TIME OUTDOORS, IMPROVED MENTAL & PHYSICAL WELLBEING HEALTHY INFRASTRUCTURE PLACES DESIGNED FOR PEOPLE NOT CARS BUILDING COMMUNITY CREATING A WELLNESS CULTURE THAT IS SOCIAL, CONNECTED AND FUN! REDUCED HEALTHCARE COSTS HEALTHIER, HAPPIER, PEOPLE WE’RE PLEASED TO ANNOUNCE THE 2026 CAMPAIGN NATIONAL FITNESS CAMPAIGN 200 NEW PARTNERS 2026 STATEWIDE CAMPAIGN JOIN THE CAMPAIGN LEADERSHIP SUPPORT SITE WITH IMPACT FUNDING MATCH QUALIFY FOR GRANT STEP 1 STEP 3STEP 2 STEP 4 NFC Grant Requirements Program Qualiﬁcation LEADERSHIP SUPPORT SHARE 3 MINUTE VIDEO BUILD CONSENSUS / CONFIRM FEASIBILITY MUNICIPAL LEADER SUPPORT STEP 1 92% HEALTHY SITE SCORE 88% HEALTHY SITE SCORE 90% HEALTHY SITE SCORE 97% HEALTHY SITE SCORE STUDIO SITES WITH IMPACT Supported by NFC’s Expert Consulting Services, Identify Site Locations that Meet Criteria for Funding Qualiﬁcation & Health Impact STEP 2 NFC HEALTHY SITE SCORE NATIONAL INDEX & DATASET EXPERT CONSULTING FOR LOCATING SUCCESSFUL OUTDOOR WELLNESS HUBS Participate in Virtual Workshop led by NFC Expert Consultants to receive data & qualiﬁcation information regarding your public spaces. See how your municipality or school benchmarks vs national averages. HEALTHY INFRASTRUCTURE PLANNING • VISIBLE • CONNECTED • ACCESSIBLE • HSS HEALTHY SITE SCORE POWERED BY FUNDING MATCH NFC GUIDES FUNDING PLAN STEP 3 GRANT FUNDING AVAILABLE: $30,000-$60,000 PER SITE LOCAL FUNDING REQUIREMENT $160,000-$270,000 per site, pending program conﬁguration & installation method QUALIFY FOR GRANT SUBMIT GRANT APPLICATION A. PRE-APPLICATION PHASE B. GRANT AWARD C. BUILD/SITE PLAN D. LAUNCH LOCAL CAMPAIGN STEP 4 JOIN US LET’S BUILD HEALTHY COMMUNITIES TOGETHER Discussion - Q&A NEXT STEP DISCUSSED AT NEXT STEP: 1. SITE WORKSHOP & HEALTHY SITE SCORE REVIEW 2. FEASIBILITY & ALIGNMENT WITH LOCAL PRIORITIES 3. FUNDING REQUIREMENT DETAILS AND GRANT PROGRAM & AVAILABILITY FOR YOUR STATE 4. NON-BINDING GRANT QUALIFICATION PROCESS SCHEDULE VIRTUAL SITE REVIEW WORKSHOP LED BY NFC EXPERT CONSULTANTS TO EXPLORE FEASIBILITY HSS HEALTHY SITE SCORE TITLE TITLENATIONAL FITNESS CAMPAIGN 84% HEALTHY SITE SCORE 92% HEALTHY SITE SCORE VISIBLE1Site locations must be recognizable with high visibility. 3 CONNECTED Site locations must be integrated with pedestrian infrastructure. 2 ACTIVE Site locations must be heavily trafficked and centrally located. Design & Planning Consulting Sites with Impact QUALIFY SITE LOCATIONS FOR FUNDING PLANNING PHASING SCORES MAPPING TRAILSPROJECTIONSLAYOUTS STEP 2 2026 CAMPAIGN FUNDING REQUIREMENT PHASE 1: NFC PROGRAM FUNDING The Fitness Court® and National Campaign Services NFC GRANT FUNDING AWARD (if selected and approved) Optional Fitness Court® Additions: Art & Shade • FITNESS COURT® & NATIONAL CAMPAIGN SERVICES See GPR Milestone 2 PHASE 2: ASSEMBLY FUNDING • CONCRETE SLAB (Slab Dimensions 38’x38’ - refer to drawings) Can be performed in-house, in-kind or by contractor (separate agreement) See GPR Milestone 5 • FITNESS COURT® ASSEMBLY NFC Approved Network (separate agreement) See GPR Milestone 6 Fitness Court® & Assembly Total Program Funding Estimate After $30,000 Grant Funding (if selected and approved) **Assumes concrete pad costs of $25,000 (national average) and includes Fitness Court® Art $175,000 ($30,000) $145,000 est. $0-25,000 $30,000 with prevailing wage rates: $32,000 **$200,000 PHASE 1: NFC PROGRAM FUNDING The Fitness Court® Studio and National Campaign Services NFC GRANT FUNDING AWARD (if selected and approved) Optional Fitness Court® Studio Additions: Art & Shade • FITNESS COURT® STUDIO & NATIONAL CAMPAIGN SERVICES See GPR Milestone 2 PHASE 2: ASSEMBLY FUNDING • CONCRETE SLAB (Slab Dimensions 38’x73’ - refer to drawings) Can be performed in-house, in-kind or by contractor (separate agreement) See GPR Milestone 5 • FITNESS COURT® STUDIO ASSEMBLY NFC Approved Network (separate agreement) See GPR Milestone 6 Fitness Court® Studio & Assembly Total Program Funding Estimate After $30,000 Grant Funding (if selected and approved) **Assumes concrete pad costs of $45,000 (national average) and includes Fitness Court® Art $210,000 ($30,000) $180,000 est. $0-45,000 $37,750 with prevailing wage rates: $39,750 **$262,750 Fitness Court® Art (included)Fitness Court® Art (included)Custom Art (+$10,000)Custom Art (+$10,000)Local Artist Program (+$25,000)Local Artist Program (+$25,000)Shade Structure*Shade Structure* FITNESS COURT® *funding requirements available upon request *funding requirements available upon requestNote: powder-coating color and included art design dependent on campaign sponsor Note: powder-coating color and included art design dependent on campaign sponsor AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: February 11, 2026 Utility Relocation Agreements for Site B and Site C with Kiewit for WSDOT Fish Passage Project COUNCIL MEETING Date: February 18, 2026 Department: PW&U Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The WSDOT Fish Passage Program removes barriers along state routes that prevent salmon from migrating upstream. These barriers are oftentimes culverts, which are removed and replaced with bridges. WSDOT has contracted with Kiewit Infrastructure West (Kiewit), a design- build contractor, to design and construct fish barrier improvements at five sites along SR3 and SR 16 near Sinclair Inlet. Two of these sites, Site B and Site C, will require relocation of City water and sewer utilities. Utility relocation agreements between the City and Kiewit for the design and relocation of these utilities have been developed for each site. The work at Site C will be done in 2026 and at Site B in 2027. Currently these agreements include only design costs and will be amended at a future time to include construction costs, which are still being developed. The Kiewit design fee is $190,000 for Site B and $125,000 for Site C. ATTACHMENTS: 1) Site Map; 2) Site B Utility Relocation Agreement; 3) Site C Utility Relocation Agreement FISCAL IMPACTS (Include Budgeted Amount): A 2026 project budget of $350,000 will be established, which includes $315,000 for Kiewit design fees and $35,000 for City Engineering staff to support the design effort. The budget will be allocated as $192,000 to the Water fund and $158,000 to the Wastewater fund. Construction fees will be determined at a later time. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the Site B and Site C Utility Relocation Agreements to Kiewit for $315,000; and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented; and further establish a 2026 project budget of $350,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3H Site CSite B WSDOT FISH BARRIER PROJECT SITES B AND C This Utility Relocation Agreement (the Agreement) is made and entered into between Kiewit Infrastructure West Co. (KIEWIT) and the above-named Utility (UTILITY), collectively the “Parties” and individually the “Party.” Recitals 1. The Washington State Department of Transportation (WSDOT) is planning an improvement along ______________________________________ which consists of the removal and replacement of five existing culverts with fish passage structures (referred to as sites), per the project titled above; and has contracted with KIEWIT to perform the necessary improvements (theexhib Project). The project site included as part of this agreement is as follows: Site ID WDFW Site ID US / SR Name County Site A 990168 SR 3 Gorst Creek Kitsap County Site B 991585 SR 3 / SR 16 UNT to Gorst Creek Kitsap County Site C 991670 SR 16 Kabelac Creek Kitsap County Site D 990270 SR 16 UNT to Ross Creek Kitsap County Site E 15.0201 0.90 SR 166 Olney Creek Kitsap County 2. The WSDOT has granted an “Assignment/Delegation of Utility Permit/Franchise Rights and Obligations” dated ______________ to KIEWIT regarding WSDOT Utility Permit/Franchise Numbers below and as shown in Exhibit A. Site ID WDFW Site ID Utility Owner Franchise Number Included as part of this Agreement Site B 991585 City of Bremerton 30497 Yes Site C 991670 City of Bremerton 30314 No 3. In connection therewith, it is necessary to design and remove and/or relocate and/or construct certain UTILITY facilities (the Work) to facilitate the Project. Utility Relocation Agreement No. 6 – Site B SR 3/SR 16/SR 166, Gorst Vicinity – Remove Fish Barriers Project (Contract No. 9920) City of Bremerton 345 6th Street Bremerton, WA 98337 City of Bremerton City of Bremerton Construction Responsibility: City of Bremerton Klijhn Design Responsibility: □ Type 1 □ Type 2 WSDOT #9920 RFP Utility Designation: Cost Responsibility: Utility Name & Address: Contractors Name & Address: SR 3/SR 16/SR 166 02/26/2024 Kiewit Infrastructure West Co. 33930 Weyerhaeuser Way, Suite 300 Federal Way, WA 98001 X x 4. In order to facilitate the completion of the Work, KIEWIT will provide all materials, equipment, labor, contract administration, and any other efforts required to perform the following for facilities owned by UTILITY: 5. In order to facilitate the completion of the Work, UTILITY will provide all materials, equipment, labor, contract administration, and any other efforts required to perform the following for facilities owned by UTILITY: 6. As defined in the conformed Request for Proposals (RFP) of WSDOT Project 9920 dated October November 26, 2024, the following Party is of the Type noted above and is entirely responsible for the cost to complete all aspects of the work for UTILITY facilities: 7. Both KIEWIT and UTILITY will perform their respective duties in a timely manner so that the design & construction is completed is completed for Site B to The Final Relocation Agreement supersedes any and all versions of the Draft Utility Relocation Agreement of the same Number, and between the same Parties for the same Project designated above. Now, therefore, in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Plans and Special Provisions 1.1. Program Guide: The “Utility Relocation and Accommodation on Federal Aid Highway Projects” shall determine and establish the definitions and applicable standards for this Agreement. By this reference this document is adopted and made a part of this Agreement as if fully contained herein. 1.2. Betterment: A betterment is an improvement to UTILITY facilities not required by code, regulation, standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment as defined in the “Utility Relocation and Accommodation on Federal Aid Highway Projects”, the UTILITY is solely responsible for the costs of such improvement. 1.3. The Party performing the construction agrees to perform the work in accordance with: □ The Plans identified in Exhibit B □ The Special Provisions in Exhibit C (if applicable) UTILITY agrees that is solely responsible for ensuring that all Plans and Special Provisions meet UTILITY’s standards, codes, and regulations. In the event of a discrepancy between UTILITY’s standards, codes, and regulations and those of WSDOT, those of UTILITY shall prevail unless it is determined by WSDOT that this condition will present a hazard to the safety and comfort of the traveling public. □Design □Design Review □Protect in Place □Removal □Relocation □Construction □Field Inspection □Betterments □As-Built Survey □As-Built Review □Franchise/Permit Application/ □Permanent Material Supply for Construction Amendment □Design □Design Review □Protect in Place □Removal □Relocation □Construction □Field Inspection □Betterments □As-Built Survey □As-Built Review □Franchise/Permit Application/ □Permanent Material Supply for Construction Amendment □KIEWIT □UTILITY x x x x x x x x x x x x x 2. Construction, Inspection, and Acceptance 2.1. UTILITY agrees to disconnect/reconnect and or deactivate/activate its facilities upon reasonable notice to UTILITY as requested by KIEWIT when such action is required to be performed by UTILITY. The Parties agree to define disconnect/reconnect and or deactivate/activate requirements, including notification and response, in Exhibit C. UTILITY facilities not removed pursuant to this Agreement shall remain the ownership, operation and maintenance responsibility of UTILITY. 2.2. Salvage: All materials removed from UTILITY’s facilities shall become the property of UTILITY and disposed of by UTILITY, unless otherwise specified in Exhibit C. Arrangements to salvage certain materials for later usage by either Party shall be specified in Exhibit C. 2.3. If KIEWIT is to perform the Work, UTILITY shall furnish an inspector in a timely manner to observe the Work and verify that all standards, codes, and regulations are being met as described in Section 1.3. If UTILITY is to perform the Work, KIEWIT shall supply an inspector in a timely manner to observe the Work and verify that all improvements are compatible with the overall design, phasing, and construction of the Project. 2.4. The Party performing the construction agrees to promptly notify the other Party upon completion of the Work. 2.5. If KIEWIT is performing the Work, UTILITY shall, within five (5) working days of being notified that the Work is completed: (a) deliver a letter of acceptance to WSDOT, or (b) deliver to WSDOT written reasons why the Work does not comply with the previously approved Plans and Special Provisions. UTILITY agrees to work diligently and in good faith with KIEWIT to resolve any issues so as not to delay the Project. If all issues are resolved, UTILITY agrees to deliver to WSDOT a letter of acceptance as provided herein. 2.6. If UTILITY is performing the Work, KIEWIT shall, within five (5) working days of being notified that the Work is completed: (a) deliver a letter of acceptance to UTILITY, or (b) deliver to UTILITY written reasons why the Work does not comply with the previously approved Plans and Special Provisions. KIEWIT agrees to work diligently and in good faith with UTILITY to resolve any issues so as not to delay the Project. If all issues are resolved, KIEWIT agrees to deliver to UTILITY a letter of acceptance as provided herein. 2.7. If either Party does not respond within five (5) working days as provided in Sections 2.5 and 2.6, the Work and the administration thereof will be deemed accepted by the other Party, and the Party performing the Work shall be released from all future claims and demands except for latent defects to the extent allowed by Washington Law. 2.8. Upon completion and acceptance of the Work pursuant to Sections 2.5, 2.6, or 2.7, to the extent allowed by Washington law, UTILITY agrees that it shall be solely responsible for all future ownership, operation, and maintenance costs of its facilities, without KIEWIT or WSDOT liability or expense. 2.9. KIEWIT will prepare the final construction “as-built” survey and documentation in general conformance with WSDOT’s Construction Manual. KIEWIT will maintain one set of plans as the official “as-built” set, then make notations in red of all plan revisions typically recorded per standard WSDOT practice, as directed by WSDOT’s Construction Manual. Once the approving Party has accepted the Work per Section 2.5, 2.6, or 2.7, KIEWIT will provide one (1) reproducible set of “as-builts” to UTILITY. 3. Payment 3.1. The Party identified in Recital 6 of this Agreement agrees that it shall be responsible for the actual direct and related indirect costs of the efforts to perform the Work by the Party(ies) identified in the following Recitals: 3.2. The total cost to achieve completion of the Work is estimated to be: □ Unspecified □ $190,000 (Design) □ $______ (Construction) to be included in amended Utility Agreement An itemized estimate of costs for the Work is: □ Not included □ Included in Exhibit D □ To be included in the Final Utility Agreement 3.3. If monies are deemed to be due from one Party to the other as required by the terms of this Agreement, the Party identified in Recital 6 of this Agreement agrees to pay the other Party the actual cost for its participation in the completion of the Work for UTILITY. The Party identified in Recital 6 shall make any payments due to the other Party within thirty (30) calendar days after receiving request for payment. 3.4. Should the Party identified in Recital 6 of this Agreement fail to make payment to the other Party according to the terms of this Agreement, the Party owed unpaid monies shall have the right to terminate this Agreement after reasonable notice to the defaulting Party and an opportunity to cure. 4. Change in Work or Cost Increase 4.1. Increase in Cost: In the event unforeseen conditions, not caused by the negligence or willful misconduct of KIEWIT, WSDOT, its or their agents, or a third party, require an increase in the cost of the Work as specified in Section 3.2, a change in the agreed total cost will: □ Be paid One Hundred Percent (100%) by KIEWIT □ Be paid One Hundred Percent (100%) by UTILITY □ Be paid at a split cost as identified below: KIEWIT: _______________ Percent (____%) UTILITY: _______________ Percent (____%) A change to the total cost of the Work identified in Section 3.2 will only be considered if the actual cost to complete the Work is equal to or more than the following percentage over the value identified in Section 3.2 □ _______________ Percent (____%) □ Not Applicable □KIEWIT □UTILITY x x Recital 4 (KIEWIT) Recital 5 (UTILITY) x x x 4.2. If it is determined by the Party performing the Work that additional Work or a change in the Work is required, prior written approval must be secured from the Party identified in Recital 6. However, where the change is required to mitigate a Project emergency or safety threat to the traveling public, the Party performing the Work may direct the change without the approval of the Party identified in Recital 6. Proper notifications shall be made between both Parties of such changes as soon as possible thereafter. 4.3. Regardless of the Party performing the Work, UTILITY may request additions to the Work in writing. KIEWIT will review the request and accommodate the requested changes as elective changes, provided that a change does not negatively impact WSDOT’s transportation system and complies with the Standard Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or WSDOT design policies, and does not unreasonably delay critically scheduled Project contract activities. Costs to construct UTILITY facilities above and beyond the cost required for the scope of the Work will be paid for solely by UTILITY, regardless of the Party performing these additional activities. 5. Franchise of Permit 5.1. UTILITY shall apply for a new permit, franchise, or amendment to its current franchise for those new or modified UTILITY facilities that will be located within WSDOT’s right of way. After receiving the application, WSDOT will issue a new permit or a new or amended franchise, as applicable. 6. Right of Entry/Permits 6.1. KIEWIT agrees to provide copies of its Right of Entry Permits and Temporary Construction Easements with all privately owned lands, as requested by UTILITY. UTILITY may elect to perform its Work within the limits and restrictions of KIEWIT temporary construction easement. If UTILITY does not elect to perform its Work within the limits of KIEWIT temporary construction easements; UTILITY agrees to arrange for rights of entry upon all privately owned lands upon which UTILTY has a claimed property rights and which are necessary to perform the Work. UTILITY also agrees to obtain all necessary permissions for KIEWIT to perform the Work on such lands, which may include reasonable use restrictions on those lands. UTILITY agrees to provide the rights of entry and applicable permissions under this section to KIEWIT within ten (10) calendar days of entering into this Agreement. Upon completion of the Work on such lands, those rights of entry and permissions beyond the rights of entry and permissions granted by the WSDOT permit or franchise shall terminate. 6.2. KIEWIT agrees to provide copies of applicable permits that it has received to perform the work outside of this agreement, as requested. If applicable, UTILITY may elect to perform its Work under KIEWIT permits with the understanding all permit restrictions and conditions are met. It is the responsibility of the UTILITY to fully understand and comply with all KIEWIT permit conditions and requirements, including; but not limited to, performing the work within the identified boundaries and providing all necessary reports and documentation to support permit requirements and provide to KIEWIT in a timely manner after completion of Work. If UTILITY does not elect to perform its Work under KIEWIT permits; UTILITY agrees to obtain all necessary permits to perform the Work. If UTILITY elects for KIEWIT to perform any of the Work, UTILITY also agrees to obtain all necessary permit for KIEWIT to perform the Work. UTILITY agrees to provide the applicable permits under this section to KIEWIT within ten (10) calendar days of entering into this Agreement. Upon completion of the Work, those permits beyond the permissions granted by the issuing agencies shall terminate. 7. General Provisions 7.1. Indemnification: To the extent authorized by law, UTILITY and KIEWIT shall indemnify and hold harmless one another and their employees and/or officers from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection with, or incident to the other Party’s performance or failure to perform any aspect of this Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence of (a) UTILITY and (b) KIEWIT, their respective employees and/or officers, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of UTILITY or KIEWIT, and provided further, that nothing herein shall require the UTILITY or KIEWIT to hold harmless or defend the other or its employees and/or officers from any claims arising from that Party’s sole negligence or that of its employees and/or officers. The terms of this section shall survive the termination of this Agreement. 7.2. Disputes: If a dispute occurs between the UTILITY and KIEWIT at any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator or arbiter. 7.3. Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the State of Washington. Each Party shall be responsible for its own attorney’s fees and costs. 7.4. Termination: 7.4.1. Unless otherwise provided herein, KIEWIT my terminate this Agreement upon thirty (30) calendar days written notice to UTILITY. 7.4.2. KIEWIT acknowledges and agrees that should it terminate this Agreement, such termination shall not relieve the Party identified in Recital 6 from its responsibility to ultimately pay for the design, removal, relocation and/or construction of UTILITY facilities so as not to delay or conflict with the Project. 7.5. Amendments: This Agreement may be amended by the mutual agreement of both Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 7.6. Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 7.7. Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work and shall make them available upon reasonable notice during normal business hours and as often as necessary, for inspection and audit by the other Party, Washington State, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the record, accounts along with supporting documentation shall be retained until any litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. 8. Waiver of Consequential Damages 8.1. Neither party will be liable to the other party for consequential damages of any nature or kind, including loss of profits/revenue and use. Damages based on actual costs incurred as a result of inexcusable delays on the reference Project are not consequential damages. 8.2. WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar losses or damages (including loss of profits, loss of production, loss of business opportunity or other consequential or indirect loss) based upon claims arising out of or in connection with the performance or non-performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory; provided, however, that the waiver of this foregoing damages under this Section is intended to apply only to disputes and claims as between UTILITY and KIEWIT. Nothing in this Section shall limit the obligation of the UTILITY to indemnify, defend and hold harmless the KIEWIT Indemnitees, or the obligation of KIEWIT to indemnify, defend and hold harmless the UTILITY Indemnitees, for any consequential or punitive damages payable to third parties resulting from any act or circumstance for which the UTILITY or KIEWIT, as applicable, is obligated to indemnify hereunder. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR LAST WRITTEN BELOW. ATTACHMENTS: □ Exhibit A – Assignment/Delegation of Utility Permit/Franchise Rights & Obligations □ Exhibit B – Plans (as designed by KIEWIT) □ Exhibit C – Special Provisions □ Exhibit D – Cost Estimate - Design □ Exhibit D – Cost Estimate - Construction UTILITY __________________________________ Signature _____________________________________ By (Print Name) _____________________________________ Title _____________________________________ Date KIEWIT __________________________________ Signature _____________________________________ By (Print Name) _____________________________________ Title _____________________________________ Date x x 1 Assignment/Delegation of Utility Franchise/Permit Rights and Obligations This is a Limited Assignment of Rights and Delegation of Obligations (“Assignment”) by and between the Washington State Department of Transportation (“WSDOT”) and Kiewit Infrastructure West Co. (“Design-Builder”). RECITALS 1. WSDOT entered into a design-build contract with Design-Builder, for a highway improvement project within the following locations in Kitsap County, Washington for the SR 3/SR 104/SR 303/SR 307/SR 308 Kitsap County – Remove Fish Barriers Project: a. State Route 3, Mile Post 41.52 to 59.55; b. State Route 104, Mile Post 16.55 to 22.95; c. State Route 303, Mile Post 6.63 to 6.90; d. State Route 307, Mile Post 1.34 to 1.45; e. State Route 308, Mile Post 0.94 to 2.16 2. The Project requires the relocation of utilities that are located on WSDOT right of way pursuant to certain Utility Permits or Franchises. 3. WSDOT determined that it is in the best interest of the State of Washington and the traveling public to temporarily assign certain rights and delegate certain obligations under the Utility Permits and Franchises to the Design-Builder for the orderly, efficient, and effective relocation of utility facilities for the Project. 4. Design-Builder agrees that WSDOT’s temporary assignment of rights and delegation of obligations under the Permits and Franchises will facilitate the orderly, efficient, and effective relocation of utility facilities for the Project. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: In consideration of the orderly, efficient, and effective relocation of utility facilities located within state highway right of way in support of the Project, WSDOT does hereby assign, transfer, and delegate unto Design-Builder the Utility Permits and Franchises identified in Exhibit A, subject to the terms and conditions set forth below. 1. This Assignment includes only those rights and obligations under the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits of the Permit or Franchise, if any) that are necessary or convenient for the Design-Builder to execute the Project. 2. This Assignment includes any amendment to, or replacement of, the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits thereto, if any) issued by WSDOT after the date of execution of this Assignment. 3. This Assignment does not include the right to amend, revoke, cancel, issue or otherwise modify the Permit or Franchise. 4. This Assignment is non-exclusive and WSDOT retains the right to exercise all rights and obligations under the Permit or Franchise. 5. This Assignment shall automatically terminate upon completion of the Project, unless terminated earlier by WSDOT in writing. EXHIBIT A 2 6. Design-Builder agrees that it shall be solely responsible for any causes of action or claims, if any, that arise between the Design-Builder and the Utility during the term of this Assignment; therefore, Design-Builder, its agents, employees, contractors, successors or assigns, will protect, save and hold harmless WSDOT, its authorized agents and employees, from all claims, actions, costs, damages (both to persons and property), injuries or expenses of any nature whatsoever by reason of the acts or omissions of Design-Builder, its agents, employees, contractors, successors or assigns, arising out of or in connection with Design-Builder’s or its agents’, employees’, contractors’, successors’, or assigns’ acts or omissions related to this Assignment; provided, that if the claims or damages are caused by or result from the concurrent acts or omissions of (a) WSDOT’s authorized agents or employees and (b) Design-Builder, its agents, employees, contractors, successors or assigns, this indemnity provision shall be valid and enforceable only to the extent of the acts or omissions of Design-Builder, its agents, employees, contractors, successors or assigns. This provision shall survive the termination of this Assignment. 7. The Design-Builder shall not assign or transfer the rights or obligations granted in this Assignment in any manner whatsoever, unless WSDOT consents thereto in writing. 8. WSDOT shall provide a copy of this Assignment to the Utility after it is executed by WSDOT and Design-Builder. 9. The Design-Builder shall exercise its rights and obligations granted in this Assignment in a reasonable and prudent manner. Design-Builder hereby accepts the rights and assumes the obligations from WSDOT as set forth above. WSDOT hereby assigns the rights and delegates the obligations as set forth above to Design-Builder. Title: Title: Dated: Dated: Area Manager 2/20/2024 2/26/2024 Olympic Region Utility Manager Bremerton/Kiewit Utility Relocation Agreement February 2026 Exhibit D – Cost Estimate for Design (Site B) Page 1 of 2 EXHIBIT D – COST ESTIMATE FOR DESIGN GORST VICINITY - REMOVE FISH BARRIERS (C9920) UTILITY RELOCATION DESIGN WATER AND SEWER SITE B Kiewit Infrastructure West Co. (KIWC) provides total cost proposal of $190,000 to complete the scope outlined in this proposal. Breakdown of cost includes: - $160,000 – Base Design (Lumpsum) - $30,000 – maintenance reserve for undefined scope that requires authorization by the City Site B • Two water mains running parallel to roadway alignment on either side of SR 16 (size unknown). Single water main service to parcel on north side of state route. • Single gravity sanitary sewer running parallel to roadway; side sewer to same parcel to north. Services shall include: • Work with City and Kiewit to refine concepts and phasing of work to maintain service during construction (assumed requirement). Water mains to be relocated over the top of the proposed culvert with presumably minimal cover requiring a variance. The gravity sewer will require replacement of a to-be-determined length to provide adequate capacity. • Meetings – as identified in the attached fee worksheet, shall include: • Bi-weekly meetings with WSDOT, akin to Task Force meetings to keep them informed on design development. • Owner Meetings – City of Bremerton to work through technical issues. • Kiewit and Team Meetings • Preparation of utility plans, profiles, details and specifications. Refer to fee spreadsheet for assumed number of plans. • KPFF will support the utility owners with the preparation of utility variances. Owner is responsible for submission to WSDOT. • Plan reviews will be limited to a constructability review performed by Kiewit prior, an over- the-shoulder review with WSDOT at the 60% design level. KPFF to resolve all comments from WSDOT and the utility owners and provide a formal submittal to WSDOT at 100%. Comments from the 1005 review will be resolved prior to RFC. Assumptions • Sewer to be replaced in kind with a gravity line. Design flows to be provided by the City of Bremerton; no modeling or calculations presumed. • Assumes that the RFC roadway paving and site prep drawings will require additional modifications to account for impacts including pavement removal and replacement or other misc. curb and gutter civil changes to accommodate the new utilities. Effort estimated at approximately 120 hrs of design and plan updates. Exclusions • Updates to plans beyond what is scoped herein to be addressed by others. This scope does not include any revisions to the current plans such as Site Preparation, TESC, or to address conflicts with drainage, for example. Bremerton/Kiewit Utility Relocation Agreement February 2026 Exhibit D – Cost Estimate for Design (Site B) Page 2 of 2 • This scope of services does not include calculations or modeling of the water distribution system. It is assumed that the main will be replaced in kind and any modifications will not have an appreciable impact on the performance of the system. Necessary modeling or calculations will be performed by the utility owner. • Additional traffic control plans to that already developed for Site C are excluded from the scope estimate. • Excludes updates to the stormwater system to accommodate the utility relocations. Additional effort and cost required for stormwater modifications to accommodate the utility relocation. • The RFC plans for other disciplines other than Roadway are already completed and work doesn’t cover updates to other RFC sheets. • Excludes any work associated with obtaining permits or environmental documentation This Utility Relocation Agreement (the Agreement) is made and entered into between Kiewit Infrastructure West Co. (KIEWIT) and the above-named Utility (UTILITY), collectively the “Parties” and individually the “Party.” Recitals 1. The Washington State Department of Transportation (WSDOT) is planning an improvement along ______________________________________ which consists of the removal and replacement of five existing culverts with fish passage structures (referred to as sites), per the project titled above; and has contracted with KIEWIT to perform the necessary improvements (the Project). The project site included as part of this agreement is as follows: Site ID WDFW Site ID US / SR Name County Site A 990168 SR 3 Gorst Creek Kitsap County Site B 991585 SR 3 / SR 16 UNT to Gorst Creek Kitsap County Site C 991670 SR 16 Kabelac Creek Kitsap County Site D 990270 SR 16 UNT to Ross Creek Kitsap County Site E 15.0201 0.90 SR 166 Olney Creek Kitsap County 2. The WSDOT has granted an “Assignment/Delegation of Utility Permit/Franchise Rights and Obligations” dated ______________ to KIEWIT regarding WSDOT Utility Permit/Franchise Numbers below and as shown in Exhibit A. Site ID WDFW Site ID Utility Owner Franchise Number Included as part of this Agreement Site B 991585 City of Bremerton 30497 No Site C 991670 City of Bremerton 30314 Yes 3. In connection therewith, it is necessary to design and remove and/or relocate and/or construct certain UTILITY facilities (the Work) to facilitate the Project. Utility Relocation Agreement No. 6 – Site C SR 3/SR 16/SR 166, Gorst Vicinity – Remove Fish Barriers Project (Contract No. 9920) City of Bremerton 345 6th Street Bremerton, WA 98337 City of Bremerton City of Bremerton Construction Responsibility: City of Bremerton Klijhn Design Responsibility: □ Type 1 □ Type 2 WSDOT #9920 RFP Utility Designation: Cost Responsibility: Utility Name & Address: Contractors Name & Address: SR 3/SR 16/SR 166 02/26/2024 Kiewit Infrastructure West Co. 33930 Weyerhaeuser Way, Suite 300 Federal Way, WA 98001 X x 4. In order to facilitate the completion of the Work, KIEWIT will provide all materials, equipment, labor, contract administration, and any other efforts required to perform the following for facilities owned by UTILITY: 5. In order to facilitate the completion of the Work, UTILITY will provide all materials, equipment, labor, contract administration, and any other efforts required to perform the following for facilities owned by UTILITY: 6. As defined in the conformed Request for Proposals (RFP) of WSDOT Project 9920 dated October November 26, 2024, the following Party is of the Type noted above and is entirely responsible for the cost to complete all aspects of the work for UTILITY facilities: 7. Both KIEWIT and UTILITY will perform their respective duties in a timely manner so that the design & construction is completed is completed for Site C to The Final Relocation Agreement supersedes any and all versions of the Draft Utility Relocation Agreement of the same Number, and between the same Parties for the same Project designated above. Now, therefore, in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Plans and Special Provisions 1.1. Program Guide: The “Utility Relocation and Accommodation on Federal Aid Highway Projects” shall determine and establish the definitions and applicable standards for this Agreement. By this reference this document is adopted and made a part of this Agreement as if fully contained herein. 1.2. Betterment: A betterment is an improvement to UTILITY facilities not required by code, regulation, standard industry practice, or any other applicable regulation. If any of the Work constitutes a betterment as defined in the “Utility Relocation and Accommodation on Federal Aid Highway Projects”, the UTILITY is solely responsible for the costs of such improvement. 1.3. The Party performing the construction agrees to perform the work in accordance with: □ The Plans identified in Exhibit B □ The Special Provisions in Exhibit C (if applicable) UTILITY agrees that is solely responsible for ensuring that all Plans and Special Provisions meet UTILITY’s standards, codes, and regulations. In the event of a discrepancy between UTILITY’s standards, codes, and regulations and those of WSDOT, those of UTILITY shall prevail unless it is determined by WSDOT that this condition will present a hazard to the safety and comfort of the traveling public. □Design □Design Review □Protect in Place □Removal □Relocation □Construction □Field Inspection □Betterments □As-Built Survey □As-Built Review □Franchise/Permit Application/ □Permanent Material Supply for Construction Amendment □Design □Design Review □Protect in Place □Removal □Relocation □Construction □Field Inspection □Betterments □As-Built Survey □As-Built Review □Franchise/Permit Application/ □Permanent Material Supply for Construction Amendment □KIEWIT □UTILITY x x x x x x x x x x x x x 2. Construction, Inspection, and Acceptance 2.1. UTILITY agrees to disconnect/reconnect and or deactivate/activate its facilities upon reasonable notice to UTILITY as requested by KIEWIT when such action is required to be performed by UTILITY. The Parties agree to define disconnect/reconnect and or deactivate/activate requirements, including notification and response, in Exhibit C. UTILITY facilities not removed pursuant to this Agreement shall remain the ownership, operation and maintenance responsibility of UTILITY. 2.2. Salvage: All materials removed from UTILITY’s facilities shall become the property of UTILITY and disposed of by UTILITY, unless otherwise specified in Exhibit C. Arrangements to salvage certain materials for later usage by either Party shall be specified in Exhibit C. 2.3. If KIEWIT is to perform the Work, UTILITY shall furnish an inspector in a timely manner to observe the Work and verify that all standards, codes, and regulations are being met as described in Section 1.3. If UTILITY is to perform the Work, KIEWIT shall supply an inspector in a timely manner to observe the Work and verify that all improvements are compatible with the overall design, phasing, and construction of the Project. 2.4. The Party performing the construction agrees to promptly notify the other Party upon completion of the Work. 2.5. If KIEWIT is performing the Work, UTILITY shall, within five (5) working days of being notified that the Work is completed: (a) deliver a letter of acceptance to WSDOT, or (b) deliver to WSDOT written reasons why the Work does not comply with the previously approved Plans and Special Provisions. UTILITY agrees to work diligently and in good faith with KIEWIT to resolve any issues so as not to delay the Project. If all issues are resolved, UTILITY agrees to deliver to WSDOT a letter of acceptance as provided herein. 2.6. If UTILITY is performing the Work, KIEWIT shall, within five (5) working days of being notified that the Work is completed: (a) deliver a letter of acceptance to UTILITY, or (b) deliver to UTILITY written reasons why the Work does not comply with the previously approved Plans and Special Provisions. KIEWIT agrees to work diligently and in good faith with UTILITY to resolve any issues so as not to delay the Project. If all issues are resolved, KIEWIT agrees to deliver to UTILITY a letter of acceptance as provided herein. 2.7. If either Party does not respond within five (5) working days as provided in Sections 2.5 and 2.6, the Work and the administration thereof will be deemed accepted by the other Party, and the Party performing the Work shall be released from all future claims and demands except for latent defects to the extent allowed by Washington Law. 2.8. Upon completion and acceptance of the Work pursuant to Sections 2.5, 2.6, or 2.7, to the extent allowed by Washington law, UTILITY agrees that it shall be solely responsible for all future ownership, operation, and maintenance costs of its facilities, without KIEWIT or WSDOT liability or expense. 2.9. KIEWIT will prepare the final construction “as-built” survey and documentation in general conformance with WSDOT’s Construction Manual. KIEWIT will maintain one set of plans as the official “as-built” set, then make notations in red of all plan revisions typically recorded per standard WSDOT practice, as directed by WSDOT’s Construction Manual. Once the approving Party has accepted the Work per Section 2.5, 2.6, or 2.7, KIEWIT will provide one (1) reproducible set of “as-builts” to UTILITY. 3. Payment 3.1. The Party identified in Recital 6 of this Agreement agrees that it shall be responsible for the actual direct and related indirect costs of the efforts to perform the Work by the Party(ies) identified in the following Recitals: 3.2. The total cost to achieve completion of the Work is estimated to be: □ Unspecified □ $125,000 (Design) □ $______ (Construction) to be included in amended Utility Agreement An itemized estimate of costs for the Work is: □ Not included □ Included in Exhibit D □ To be included in the Final Utility Agreement 3.3. If monies are deemed to be due from one Party to the other as required by the terms of this Agreement, the Party identified in Recital 6 of this Agreement agrees to pay the other Party the actual cost for its participation in the completion of the Work for UTILITY. The Party identified in Recital 6 shall make any payments due to the other Party within thirty (30) calendar days after receiving request for payment. 3.4. Should the Party identified in Recital 6 of this Agreement fail to make payment to the other Party according to the terms of this Agreement, the Party owed unpaid monies shall have the right to terminate this Agreement after reasonable notice to the defaulting Party and an opportunity to cure. 4. Change in Work or Cost Increase 4.1. Increase in Cost: In the event unforeseen conditions, not caused by the negligence or willful misconduct of KIEWIT, WSDOT, its or their agents, or a third party, require an increase in the cost of the Work as specified in Section 3.2, a change in the agreed total cost will: □ Be paid One Hundred Percent (100%) by KIEWIT □ Be paid One Hundred Percent (100%) by UTILITY □ Be paid at a split cost as identified below: KIEWIT: _______________ Percent (____%) UTILITY: _______________ Percent (____%) A change to the total cost of the Work identified in Section 3.2 will only be considered if the actual cost to complete the Work is equal to or more than the following percentage over the value identified in Section 3.2 □ _______________ Percent (____%) □ Not Applicable □KIEWIT □UTILITYRecital 4 (KIEWIT) Recital 5 (UTILITY) x x x x x 4.2. If it is determined by the Party performing the Work that additional Work or a change in the Work is required, prior written approval must be secured from the Party identified in Recital 6. However, where the change is required to mitigate a Project emergency or safety threat to the traveling public, the Party performing the Work may direct the change without the approval of the Party identified in Recital 6. Proper notifications shall be made between both Parties of such changes as soon as possible thereafter. 4.3. Regardless of the Party performing the Work, UTILITY may request additions to the Work in writing. KIEWIT will review the request and accommodate the requested changes as elective changes, provided that a change does not negatively impact WSDOT’s transportation system and complies with the Standard Specifications, Project permits, state and/or federal law, applicable rules and/or regulations, and/or WSDOT design policies, and does not unreasonably delay critically scheduled Project contract activities. Costs to construct UTILITY facilities above and beyond the cost required for the scope of the Work will be paid for solely by UTILITY, regardless of the Party performing these additional activities. 5. Franchise of Permit 5.1. UTILITY shall apply for a new permit, franchise, or amendment to its current franchise for those new or modified UTILITY facilities that will be located within WSDOT’s right of way. After receiving the application, WSDOT will issue a new permit or a new or amended franchise, as applicable. 6. Right of Entry/Permits 6.1. KIEWIT agrees to provide copies of its Right of Entry Permits and Temporary Construction Easements with all privately owned lands, as requested by UTILITY. UTILITY may elect to perform its Work within the limits and restrictions of KIEWIT temporary construction easement. If UTILITY does not elect to perform its Work within the limits of KIEWIT temporary construction easements; UTILITY agrees to arrange for rights of entry upon all privately owned lands upon which UTILTY has a claimed property rights and which are necessary to perform the Work. UTILITY also agrees to obtain all necessary permissions for KIEWIT to perform the Work on such lands, which may include reasonable use restrictions on those lands. UTILITY agrees to provide the rights of entry and applicable permissions under this section to KIEWIT within ten (10) calendar days of entering into this Agreement. Upon completion of the Work on such lands, those rights of entry and permissions beyond the rights of entry and permissions granted by the WSDOT permit or franchise shall terminate. 6.2. KIEWIT agrees to provide copies of applicable permits that it has received to perform the work outside of this agreement, as requested. If applicable, UTILITY may elect to perform its Work under KIEWIT permits with the understanding all permit restrictions and conditions are met. It is the responsibility of the UTILITY to fully understand and comply with all KIEWIT permit conditions and requirements, including; but not limited to, performing the work within the identified boundaries and providing all necessary reports and documentation to support permit requirements and provide to KIEWIT in a timely manner after completion of Work. If UTILITY does not elect to perform its Work under KIEWIT permits; UTILITY agrees to obtain all necessary permits to perform the Work. If UTILITY elects for KIEWIT to perform any of the Work, UTILITY also agrees to obtain all necessary permit for KIEWIT to perform the Work. UTILITY agrees to provide the applicable permits under this section to KIEWIT within ten (10) calendar days of entering into this Agreement. Upon completion of the Work, those permits beyond the permissions granted by the issuing agencies shall terminate. 7. General Provisions 7.1. Indemnification: To the extent authorized by law, UTILITY and KIEWIT shall indemnify and hold harmless one another and their employees and/or officers from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the one Party arising out of, in connection with, or incident to the other Party’s performance or failure to perform any aspect of this Agreement, provided, however, that if such claims are caused by or result from the concurrent negligence of (a) UTILITY and (b) KIEWIT, their respective employees and/or officers, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the negligence of UTILITY or KIEWIT, and provided further, that nothing herein shall require the UTILITY or KIEWIT to hold harmless or defend the other or its employees and/or officers from any claims arising from that Party’s sole negligence or that of its employees and/or officers. The terms of this section shall survive the termination of this Agreement. 7.2. Disputes: If a dispute occurs between the UTILITY and KIEWIT at any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into arbitration and/or mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator or arbiter. 7.3. Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the State of Washington. Each Party shall be responsible for its own attorney’s fees and costs. 7.4. Termination: 7.4.1. Unless otherwise provided herein, KIEWIT my terminate this Agreement upon thirty (30) calendar days written notice to UTILITY. 7.4.2. KIEWIT acknowledges and agrees that should it terminate this Agreement, such termination shall not relieve the Party identified in Recital 6 from its responsibility to ultimately pay for the design, removal, relocation and/or construction of UTILITY facilities so as not to delay or conflict with the Project. 7.5. Amendments: This Agreement may be amended by the mutual agreement of both Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 7.6. Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 7.7. Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment, both Parties shall maintain the records and accounts pertaining to the Work and shall make them available upon reasonable notice during normal business hours and as often as necessary, for inspection and audit by the other Party, Washington State, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the record, accounts along with supporting documentation shall be retained until any litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the six-year retention period. 8. Waiver of Consequential Damages 8.1. Neither party will be liable to the other party for consequential damages of any nature or kind, including loss of profits/revenue and use. Damages based on actual costs incurred as a result of inexcusable delays on the reference Project are not consequential damages. 8.2. WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES. In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar losses or damages (including loss of profits, loss of production, loss of business opportunity or other consequential or indirect loss) based upon claims arising out of or in connection with the performance or non-performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory; provided, however, that the waiver of this foregoing damages under this Section is intended to apply only to disputes and claims as between UTILITY and KIEWIT. Nothing in this Section shall limit the obligation of the UTILITY to indemnify, defend and hold harmless the KIEWIT Indemnitees, or the obligation of KIEWIT to indemnify, defend and hold harmless the UTILITY Indemnitees, for any consequential or punitive damages payable to third parties resulting from any act or circumstance for which the UTILITY or KIEWIT, as applicable, is obligated to indemnify hereunder. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR LAST WRITTEN BELOW. ATTACHMENTS: □ Exhibit A – Assignment/Delegation of Utility Permit/Franchise Rights & Obligations □ Exhibit B – Plans (as designed by KIEWIT) □ Exhibit C – Special Provisions □ Exhibit D – Cost Estimate - Design □ Exhibit D – Cost Estimate - Construction UTILITY __________________________________ Signature _____________________________________ By (Print Name) _____________________________________ Title _____________________________________ Date KIEWIT __________________________________ Signature _____________________________________ By (Print Name) _____________________________________ Title _____________________________________ Date x x 1 Assignment/Delegation of Utility Franchise/Permit Rights and Obligations This is a Limited Assignment of Rights and Delegation of Obligations (“Assignment”) by and between the Washington State Department of Transportation (“WSDOT”) and Kiewit Infrastructure West Co. (“Design-Builder”). RECITALS 1. WSDOT entered into a design-build contract with Design-Builder, for a highway improvement project within the following locations in Kitsap County, Washington for the SR 3/SR 104/SR 303/SR 307/SR 308 Kitsap County – Remove Fish Barriers Project: a. State Route 3, Mile Post 41.52 to 59.55; b. State Route 104, Mile Post 16.55 to 22.95; c. State Route 303, Mile Post 6.63 to 6.90; d. State Route 307, Mile Post 1.34 to 1.45; e. State Route 308, Mile Post 0.94 to 2.16 2. The Project requires the relocation of utilities that are located on WSDOT right of way pursuant to certain Utility Permits or Franchises. 3. WSDOT determined that it is in the best interest of the State of Washington and the traveling public to temporarily assign certain rights and delegate certain obligations under the Utility Permits and Franchises to the Design-Builder for the orderly, efficient, and effective relocation of utility facilities for the Project. 4. Design-Builder agrees that WSDOT’s temporary assignment of rights and delegation of obligations under the Permits and Franchises will facilitate the orderly, efficient, and effective relocation of utility facilities for the Project. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT: In consideration of the orderly, efficient, and effective relocation of utility facilities located within state highway right of way in support of the Project, WSDOT does hereby assign, transfer, and delegate unto Design-Builder the Utility Permits and Franchises identified in Exhibit A, subject to the terms and conditions set forth below. 1. This Assignment includes only those rights and obligations under the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits of the Permit or Franchise, if any) that are necessary or convenient for the Design-Builder to execute the Project. 2. This Assignment includes any amendment to, or replacement of, the Permit or Franchise (and the General Provisions, Special Provisions, and Exhibits thereto, if any) issued by WSDOT after the date of execution of this Assignment. 3. This Assignment does not include the right to amend, revoke, cancel, issue or otherwise modify the Permit or Franchise. 4. This Assignment is non-exclusive and WSDOT retains the right to exercise all rights and obligations under the Permit or Franchise. 5. This Assignment shall automatically terminate upon completion of the Project, unless terminated earlier by WSDOT in writing. EXHIBIT A 2 6. Design-Builder agrees that it shall be solely responsible for any causes of action or claims, if any, that arise between the Design-Builder and the Utility during the term of this Assignment; therefore, Design-Builder, its agents, employees, contractors, successors or assigns, will protect, save and hold harmless WSDOT, its authorized agents and employees, from all claims, actions, costs, damages (both to persons and property), injuries or expenses of any nature whatsoever by reason of the acts or omissions of Design-Builder, its agents, employees, contractors, successors or assigns, arising out of or in connection with Design-Builder’s or its agents’, employees’, contractors’, successors’, or assigns’ acts or omissions related to this Assignment; provided, that if the claims or damages are caused by or result from the concurrent acts or omissions of (a) WSDOT’s authorized agents or employees and (b) Design-Builder, its agents, employees, contractors, successors or assigns, this indemnity provision shall be valid and enforceable only to the extent of the acts or omissions of Design-Builder, its agents, employees, contractors, successors or assigns. This provision shall survive the termination of this Assignment. 7. The Design-Builder shall not assign or transfer the rights or obligations granted in this Assignment in any manner whatsoever, unless WSDOT consents thereto in writing. 8. WSDOT shall provide a copy of this Assignment to the Utility after it is executed by WSDOT and Design-Builder. 9. The Design-Builder shall exercise its rights and obligations granted in this Assignment in a reasonable and prudent manner. Design-Builder hereby accepts the rights and assumes the obligations from WSDOT as set forth above. WSDOT hereby assigns the rights and delegates the obligations as set forth above to Design-Builder. Title: Title: Dated: Dated: Area Manager 2/20/2024 2/26/2024 Olympic Region Utility Manager Bremerton/Kiewit Utility Relocation Agreement February 2026 Exhibit D – Cost Estimate for Design (Site B) Page 1 of 2 EXHIBIT D – COST ESTIMATE FOR DESIGN GORST VICINITY - REMOVE FISH BARRIERS (C9920) UTILITY RELOCATION DESIGN WATER AND SEWER SITE C Kiewit Infrastructure West Co. (KIWC) provides total cost proposal of $125,000 to complete the scope outlined in this proposal. Breakdown of cost includes: - $105,000 – Base Design (Lumpsum) - $20,000 – maintenance reserve for undefined scope that requires authorization by the City Site C Two Water mains running parallel to roadway alignment on either side of SR 16 (8” and 16”). Water main service crosses perpendicular to SR 16 to east of culvert crossing. Two Sanitary Sewer running parallel to roadway force mains on either side of SR 16 (2” and 10”). Services shall include: • Brainstorm Concepts – KPFF to work with Kiewit to develop options for the relocations and identify preferred approaches prior to meeting with the utility owner. • Meetings – as identified in the attached fee worksheet, shall include: o Bi-weekly meetings with WSDOT, akin to Task Force meetings to keep them informed on design development. o Owner Meetings – City of Bremerton to work through technical issues. o Kiewit and Team Meetings • Preparation of utility plans, profiles, details and specifications. Refer to fee spreadsheet for assumed number of plans. • KPFF will support the utility owner with the preparation of utility variances. Owner is responsible for submission to WSDOT. • Plan reviews will be limited to a constructability review performed by Kiewit prior, an over-the- shoulder review with WSDOT at the 60% design level. KPFF to resolve all comments from WSDOT and the utility owners and provide a formal submittal to WSDOT at 100%. Comments from the 100% review will be resolved prior to RFC. Assumptions • KPFF will evaluate with Kiewit options for relocation of the facilities at Site C including below- grade and above grade solutions prior to outreach to the owners. Exclusions • Updates to plans beyond what is scoped herein to be addressed by others. This scope does not include any revisions to the current plans such as Site Preparation, TESC, or to address conflicts with drainage, for example. The RFC plans for other disciplines are already completed and work doesn’t cover updates to other RFC sheets. • This scope of services does not include calculations or modeling of the water distribution system. It is assumed that the main will be replaced in kind and any modifications will not have an appreciable impact on the performance of the system. Necessary modeling or calculations will be performed by the utility owner. • This scope of services does not include calculations for the sewer force mains or evaluation of lift stations. It is assumed that the force main will be replaced in kind and any modifications will Bremerton/Kiewit Utility Relocation Agreement February 2026 Exhibit D – Cost Estimate for Design (Site B) Page 2 of 2 not have an appreciable impact on the performance of the system. Any such evaluation will be performed by the utility owner. • Additional traffic control plans to that already developed for Site C are excluded from the scope estimate. • Excludes any work associated with obtaining permits or environmental documentation Published for February 18 Council Meeting Mayor’s Report Item 5 Mayor’s Report –February 18, 2026MAYOR’S REPORT February 18, 2026 Downtown Hanging Baskets •Parks and Recreation staff recently partnered with the local Bremerton Garden Club on planting flowers for the City’s downtown hanging baskets. The local club shared their expertise on these efforts. •Volunteers worked alongside staff to prepare and plant seasonal flowers that will be displayed in Bremerton beginning mid-spring. •These hanging baskets enhance the beauty of the downtown corridor, support local pollinators, and contribute to a welcoming environment for residents, visitors, and local businesses. •This partnership demonstrates how volunteer engagement continues to support beautification efforts across Bremerton. •The baskets were prepped at the Parks and Recreation department greenhouses at Stephenson Canyon Park and will remain there until they are hung in the City. Accessibility Improvements at Lions Park •Today, the Bremerton Central Lions Club charitable foundation awarded an accessibility grant of $15,000 toward improvements at the tennis/pickleball courts at Lions Park •The project and funding will eliminate slopes on the courts, provide accessible seating areas and adjust the courts to follow wheelchair pickleball guidelines for recreational play and tournaments •This project was an identified priority at the park in the City’s 2026 Parks, Recreation and Open Space (PROS Plan) •An additional partner in the project includes the West Sound Pickleball Club •City staff are seeking to secure additional funding through grants and donations to complete the project in 2026. Central Bremerton Forcemain Replacement Project 1st Street Reconstruction Project Status: •Substantial Completion achieved in February •Minor punch list items remain. What Was Delivered: •Central Bremerton Sewer Forcemain replacement. •1St Street reconstruction, from Naval Ave to Montgomery Ave Community Benefit: •New wastewater system to provide conveyance for downtown Bremerton and the east end of PSNS. •Visible improvements to streets that provide investment in neighborhood livability. •New 6’ sidewalks and 5’ bike lane. Funding: •100% Grant funded through Federal program Photo taken on February 18, 2026 Published for February 18 Council Meeting Council Reports Item 6 Council District Updates February 18, 2026 City Council Regular Business Meeting City Council District 7 Includes: •Kitsap Lake Park •NAD Park •Pendergast Regional Park •A portion of Kitsap Way •The area reaching south towards Gorst. •Providing boundaries for the district are the Kitsap County neighborhoods called West Hills and Navy Yard City. Rick Tift (2026-29) rick.tift@bremertonwa.gov 2 City Council District 6 Includes: •Anderson Cove •Lilian A. and James Walker Park •Marine Drive •Madrona Point •Commercial and residential areas along 11th Street Anna Mockler (2024-27) anna.mockler@bremertonwa.gov 3 Setting up for the Annual Point in Time Count at The Salvation Army 4 January 29 Project Connect - Bremerton 5 Signs stack up at the Public Works Building 6 February 9 Town Hall – Provided an interactive Budget exercise! 7 City Council District 5 Includes the area next to: •Puget Sound Naval Shipyard •Charleston •Forest Ridge Park with the district bounded by 11th Street Michael Goodnow (2026-29) michael.goodnow@bremertonwa.gov 8 CONGRATULATIONS George Stenberg’s Magical Ferry Ride 9 City Council District 3 Includes: •Downtown area “Harborside” •Manette (bounded by NE Stone Way and Jacobsen Boulevard) •Evergreen Rotary Park •Kitsap 9/11 Memorial Christy Cammarata (2026-29) christy.cammarata@bremertonwa.gov 10 11 Bremerton Arts Commission’s Open Art Gallery 12 Light Up Bremerton March 6, 2026 A sunset lantern parade celebrating community, creativity, and downtown vibrancy. Be Prepared: 🎨Lantern Making Workshop on February 19 @ 5:30 PM 13 City Council District 2 Includes: •Bataan Park and Eastpark Nature Area (Madrona Trails) •Areas along the Wheaton Way corridor bounded at the north by Riddell Road Denise Frey (2024-27) 2026 Council Vice President denise.frey@bremertonwa.gov 14 15 City Council District 1 Includes the areas surrounding: •Tracyton Beach •Lions Park •Blueberry Park •Stephenson Canyon •Pine Road •Part of Wheaton Way bounded by Sylvan Way Jennifer Chamberlin (2026-29) jennifer.chamberlin@bremertonwa.gov 16 City Council District 4 Includes the neighborhoods near: •Downtown •Puget Sound Naval Shipyard •Olympic College •Kiwanis Park Jane Rebelowski (2024-27) 2026 Council President jane.rebelowski@bremertonwa.gov 17 CarePortal is coming to Kitsap County on February 22! 18 19 20 Benjamin Lee Kreifels 1/1/01 –11/10/25 21 Permission to Start Dreaming (PTSD) –March 21 A fundraiser to support our Active-Duty Military, Veterans, and First Responders 22 Upcoming Meetings •Lodging Tax Advisory Committee (LTAC): 2/19 @ 3:30 PM •Parks, Finance, Investment, & Parking Committee: 2/24 @ 1:30 PM •City Council Study Session: 2/25 @ 5:00 PM •Public Safety Committee: 3/2 @ 1:30 PM •Regular Meeting: 3/4 @ 5:30 PM 23