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HomeMy WebLinkAbout05/20/2026 CITY COUNCIL AGENDA PACKET CITY COUNCIL MEETING AGENDA MAY 20, 2026 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 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. INFORMATION ONLY PRESENTATION A. Overview of the Bremerton1 Process for Reporting Concerns and Customer Response (approx. 30 minutes) 4. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting – May 6, 2026 C. Minutes of Study Session – May 13, 2026 D. Appointment of Nancy Zellers to the Bremerton Housing Authority Board of Commissioners E. Accept Washington State DOE Design Grant Agreement – Oyster Bay Regional Treatment Facilities Design F. Approve a Goods & Services Agreement with Siemens for the purchase and installation of the Main Service Breaker at the Eastside UV Treatment Plant G. Public Works Agreement with Holt Services, Inc. for Well 6R Rehabilitation Project H. Acceptance of FHWA Grant from PSRC; and Approval of local agency agreement with WSDOT for the 11th Street Corridor Improvements Project I. Interlocal Agreement with Kitsap County KC-229-26 for reimbursable work performed and/or equipment rental 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 participate remotely through one of the following options:  To stream online via BKAT Feed, with no interaction possible: https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  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 Questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov If attending the meeting in person is difficult due to disability, limited mobility, or other barriers, participants may request to provide their comments remotely. To arrange this accommodation, please contact the City Clerk at City.Clerk@bremertonwa.gov or (360) 473-5323 by 2PM on the day before the regular City Council Meeting. 5. GENERAL BUSINESS A. Resolution No. 3410 to Authorize Opportunity Zone Application for Census Tract 53035080300 6. MAYOR'S REPORT 7. COUNCIL MEMBER REPORTS 8. COMMUNITY COMMENT – Please state your name for the record and limit comments to 90 seconds. This is an opportunity to address the Council on topics not included on the agenda, but still related to the work of the City Council. These guidelines are applied in a viewpoint-neutral manner and are intended to ensure this part of the business meeting remains focused on City Council business. 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Customer Response Bremerton1 Overview Bremerton City Council Regular Meeting May 20, 2026 3A Discussion Items 01. General Overview 02. Reporting 03. Response Process 04. What We Are Responding To 05. Questions General Overview The Customer Response/Bremerton1 program provides support to Bremerton residents for non-emergency issues such as: Bremerton1 Potholes Water or Sewer problems not utility billing Abandoned Vehicles Encampment Garbage Graffiti Other Parking Pothole Sewer Other (undefined issue) Sign maintenance Vegetation concerns Sidewalk Storm Street Signs Street Light Outage Unsafe Conditions Vandalism Vegetation Water Zoning Reporting of Non-Emergent Issues Three full-time employees - Hillary, Kara, and Shanon - are available to answer calls Monday through Friday, from 7:30 AM to 4:00 PM (excluding holidays), with varying schedules. . Two full-time employees – Hillary and Kara - respond to emails Monday through Friday, from 7:30 AM to 4:00 PM (excluding holidays). Download a free app through the App store, also via the City’s website. Call 9-1-1 for emergencies or when assistance from the Bremerton Police Department is needed. These issues are not monitored through this program. There are various ways to report an issue or concern. While not required, providing contact information (e.g., phone number or email) helps us follow up. In some cases, issues may fall outside city limits or require additional information to provide updates. Response Process - overview Office staff will respond to all requests, when contact information is provided. You will receive confirmation that your request has been received and next steps. All requests are initially reviewed by our Customer Responder, Chris Smith, to ensure every situation is properly evaluated. When Chris is out of the office, three backup team members – Davontea, Martin, and Larry – provide coverage. Non-emergent issues are responded to within 5 business days. Bremerton1 Response Process - online Response Process – on the App Response Process – by department Bremerton1 All requests for the Bremerton Police Department must be reported to 9-1-1. They do not monitor the Bremerton1/Customer Response program. Engineering will respond to all applicable requests. Only the oldest request remains open and work will continue on that request until it is resolved. Parking Enforcement (ImPark) will respond to all requests submitted to them. Bremerton1 City of Bremerton Department of Public Works & Utilities 100 Oyster Bay Avenue N Bremerton, WA 98312 Phone: 360-473-5920 Email:Bremerton1@ci.bremerton.wa.us Website:www.BremertonWA.gov Contact Us! A total of 4,342 requests were recorded in the tracking system for 2025. The graph to the left highlights the most common types of issues. Of the 4,342 requests, only 71 remain pending resolution. 0 190 84 39 22 448 115 427 13 409 26 209 131 90 242 327 1 Issue Abandoned Vehicle Dead Animal Discolored Water Fire Hydrant Garbage Removal Graffiti Homeless Encampment Odor Complaint Parking Issue PED Button Issues Pothole Sign Issue Stormwater Problems Tree/Vegetation Water Issues Activity Bremerton1 Homeless Response Reporting & Tracking The city partners with Commonstreet Consulting to coordinate homeless response efforts within Bremerton. Response Process •Requests submitted through Bremerton1 (phone, email, or mobile app) are entered into the Cartegraph tracking system and forwarded to Commonstreet. •A Commonstreet representative contacts the unhoused individual(s) to offer outreach services and available assistance. •For larger encampments, a notice is posted providing individuals with three days to remove personal belongings before items are considered abandoned. •Commonstreet coordinates with the street crew to schedule encampment clean-up and debris removal. Commonstreet Responsibilities •Outreach and contact with individuals •Posting required notices •Coordinating clean-up activities •Closing the service request The following slide contains a graphic provided by Commonstreet. Bremerton1 Contact Us! Homeless Response Reporting & Tracking Bremerton Social Stay connected with the latest from the City of Bremerton through our new platform - Bremerton Social. •Platform Features: •Digital access to City Council proceedings and municipal events •Enhanced navigation with indexed video content •Updates from: •Bremerton Fire Department •Bremerton Police Department •Bremerton Public Works •Bremerton Parks & Recreation Bremerton1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: May 20, 2026 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 414912-415066 and EFT Numbers V46186 - V46276 in the grand total amount of $2,562,139.57 2. Regular Payroll for pay period ending April 30, 2026 in the amount of $1,271,344.13 3. Regular Payroll for the 2024 portion of Retro Pay for Teamsters – Police Lieutenants and Captains pay period April 30, 2026 in the amount of $107,081.77 4. Regular Payroll Payouts for pay period April 30, 2026 in the amount of $38,479.78 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 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – May 6, 2026 Study Session Date: N/A COUNCIL MEETING Date: May 20, 2026 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on May 6, 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 May 6, 2026 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4B CITY COUNCIL MEETING MINUTES Wednesday, May 6, 2026 The bi-weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 6, 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. Councilmembers present were Jennifer Chamberlin, Christy Cammarata, Michael Goodnow, and Rick Tift. Councilmembers Denise Frey and Anna Mockler were absent. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; Acting City Clerk Lindsey Victor; and IT Manager Dave Sorensen. CONSENT AGENDA 3A – CLAIMS AND CHECK REGISTER Check Numbers 414696 through 414911 and EFT Numbers V46033 through V46185 in the grand of $1,258,631.12; Regular Payroll Payout for pay period ending April 15, 2026 in the amount of $2,888.39; and Retiree Payroll for pay period ending April 30, 2026 in the amount of $41,377.43 3B – MINUTES OF MEETING – APRIL 15, 2026 3C – MINUTES OF STUDY SESSION – APRIL 22, 2026 3D – CONTRACT WITH ACTIVE CONSTRUCTION, INC. FOR THE EAST 9TH STREET STORMWATER IMPROVEMENTS PROJECT Comments were provided by: Jose Camacho (Item 3D, included a Public Records Request) 5:37 PM M/S/C/U (Goodnow/Tift) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously. GENERAL BUSINESS –There were no General Business items. 5 – MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:  Navy League Memorial Park Update  Poet Laureate Program Update  Manette Festival Lighting replaced on E.11th between Perry and Pitt Avenues  Downtown Clean-Up Initiative from May 7 – 15 in preparation for the Armed Forced Day Parade and FIFA World Cup  Bremerton Fire Department Open House on Saturday, May 23 from 11:30 AM to 1:00 PM at Fire Station No. 2 located at 5005 Kitsap Way 6 – COUNCIL MEMBER REPORTS Jennifer Chamberlin recognized Reama, owner of Spread Supplies, as “Recycler of the Year” in WA; and announced the next Warren Avenue Bridge Clean-Up on Saturday, May 16th beginning at 9:00 AM at Café Perfetto. Christy Cammarata acknowledged new business Tipsy Blackbird Wine Bar, shared that Quincy Square has an online events calendar, and displayed the schedule for the Kitsap Destruction Derby. Michael Goodnow provided an update on the Charleston Business District, including a recent clean-up on Callow Avenue and acknowledged Reama for her efforts; recognized Ron and Faye Flemister for their support of the Spring Fling event. Rick Tift enjoyed being a judge for the children’s Lego Contest at the Kitsap Home and Garden Show. City Council Reg. Mtg. Minutes Wednesday, May 6, 2026 Page 2 of 2 President Rebelowski provided an update on the Zoning Code Amendment Process for the application submitted by the Bremerton Housing Authority for temporary encampment permits; announced Bremerton Foodline’s “Spark the Night: Ignite the Night to Fight Hunger” event on Saturday, June 27 onboard the USS Turner Joy; provided a reminder for the Bremerton Farmer’s Market opening tomorrow at 4:00 PM; and shared upcoming meetings on Council’s schedule. 7 – COMMUNITY COMMENT Comments were provided by 9 community members, 8 of which stated their name for the record: Joslyn LaMadrid (remote), Jose Camacho, Mary Lou Long, Robin Weldin, Michael Simonds, Sally Hass, Teresa Walker, and Naomi Levine. 8 – ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING With no further business, President Rebelowski adjourned the Council Meeting at 6:13 PM. Prepared and Submitted by: ______________________________ ANNE WILLIAMS Legislative Office Manager APPROVED by the City Council on the 20th day of May, 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 – May 13, 2026 COUNCIL MEETING Date: May 20, 2026 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on May 13, 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 May 13, 2026 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4C CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 13, 2026 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, May 13, 2026 at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government Center at 345 6th Street, with Council Vice President Denise Frey presiding. Other Council Members present were Jennifer Chamberlin, Christy Cammarata, Michael Goodnow, Anna Mockler (remote), and Rick Tift. Council President Jane Rebelowski was absent. Legislative Office Manager Anne Williams provided staff support. A. INFORMATION ONLY PRESENTATION 1. An overview of the planned programming and funding for the Bremerton Fan Zone associated with the FIFA World Cup was provided by Jessica Combs, Executive Director, Downtown Bremerton Association. B. AGENDA BILL BRIEFINGS 1. Appointment of Nancy Zellers to the Bremerton Housing Authority Board of Commissioners was presented by Mayor Greg Wheeler. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 2. Acceptance of a Washington State DOE Design Grant Agreement for the Oyster Bay Regional Treatment Facilities Design was presented by Stormwater Program Manager Will Riley. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 3. Approval of a Goods & Services Agreement with Siemens for the purchase and installation of the Main Service Breaker at the Eastside UV Treatment Plant was presented by Engineering Project Manager David Powell. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 4. A Public Works Agreement with Holt Services, Inc. for the Well 6R Rehabilitation Project was presented by Civil Engineer II Denton Lynch. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 5. Acceptance of FHWA Grant from PSRC and approval of local agency agreement with WSDOT for the 11th Street Corridor Improvements project was presented by Engineering Project Manager Vicki Grover. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 6. Interlocal Agreement with Kitsap County KC-229-26 for reimbursable work performed and/or equipment rental was presented by Public Works & Utilities Director Chance Berthiaume. Council consensus for the item to be placed on the May 20 Council Meeting Consent Agenda. 7. A Resolution to authorize an Opportunity Zone Application for Census Tract 53035080300 was presented by Community Development Director Andrea Spencer. Council consensus for the item to be placed on the May 20 Council Meeting under General Business. C. EXECUTIVE SESSION – Item postponed Per RCW 42.30.110 (1)(iii) to discuss litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in City Council Study Session Minutes Wednesday, May 13, 2026 Page 2 of 3 an adverse legal or financial consequences to the agency. D. AGENDA BILL BRIEFINGS (continued) – Items postponed 1. Proposed Resolution relating the display of commemoration flags on City property 2. Public Space and Street Renaming Policy Development (Information only) 3. Review of the complete Council Rules and Procedures, and draft Councilmember Role Addendum E. GENERAL COUNCIL BUSINESS 1. Finance, Parks, Investment, & Parking Committee Briefing (Last Meeting 4/28/26) – Vice Chair Christy Cammarata provided highlights of the April 28 meeting, including discussion of the timeline for closing out the 2025 budget and beginning budget development of the 2027- 2028 budget process. Committee members requested input from the full City Council regarding the proposed timeline and budget engagement process. The Committee also discussed the potential use of speed cameras in school zones, including concerns raised by the Municipal Court regarding implementation and operational impacts. 2. Public Safety Committee Briefing (Last Meeting 5/5/26) – Chair Michael Goodnow provided highlights from the May 5 meeting, which was largely focused on fireworks. The Committee expressed consensus that it was premature to revisit the updated fireworks policy, as the changes were only implemented last year. Instead, efforts will continue to focus on community education regarding what types of fireworks are permitted, as well as when and where fireworks may legally be discharged within the City. Chair Goodnow also referenced a recent meeting with the Library regarding concerns related to homelessness and noted that connections were made with Commonstreet to support ongoing coordination and communication. 3. Regional and Other Committee/Board Briefings – Councilmember Jennifer Chamberlin reported on the recent Kitsap 911 meeting, which focused on the continued search for an Executive Director. Discussion also included potential Board restructuring to reduce the size of the governing body, as well as a pilot A1 program intended to help route non-emergency calls more efficiently. Additional updates were provided regarding the ongoing radio project and upcoming equipment upgrades. 4. Other General Council Business (As necessary and as time allows) – Councilmember Jennifer Chamberlin encouraged members of the public to submit comments to the City Council regarding the proposed resolution on commemorative flags, which is scheduled for discussion at the May 27 Study Session. City Attorney Finnell also responded to a question from Councilmember Christy Cammarata regarding Councilmember participation in Planning Commission meetings. The City Attorney noted that best practice is to respect the distinct roles of the Council and Planning Commission by avoiding Councilmember attendance in the meeting room during Planning Commission meetings, although Councilmembers may observe remotely via Zoom. F. ADJOURNMENT OF STUDY SESSION Vice President Frey announced the next Council Meeting on Wednesday, May 20th starting at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. She further established that the public is invited to attend in person or remotely. City Council Study Session Minutes Wednesday, May 13, 2026 Page 3 of 3 With no further business, the Study Session was adjourned at 7:35 PM. Prepared & submitted by: _____________________________ ANNE WILLIAMS Legislative Office Manager APPROVED by the City Council on the 20th day of May, 2026. DENISE FREY, Council Vice President ATTEST: ______________________________ ANGELA HOOVER, City Clerk JR:AH:AW AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Appointment of Nancy Zellers to the Bremerton Housing Authority Board of Commissioners COUNCIL MEETING Date: May 20, 2026 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Nancy Zellers to the Bremerton Housing Authority Board of Commissioners. The appointment would expire on May 19, 2031. 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 appointment of Nancy Zellers to the Bremerton Housing Authority Board of Commissioners with the term expiring on May 19, 2031. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4D From:noreply@civicplus.com To:WebMaster; Greg Wheeler; Jennifer Hayes Subject:Online Form Submittal: Application for City Boards / Commissions / Committee Date:Friday, January 30, 2026 3:02:28 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 1/30/2026 First Name Nancy Middle Name Marie Last Name Zellers Home Phone Address1 Address2 Field not completed. City Bremerton State WA Zip 98310 Occupation Veteran Representative/Educator Employer Employment Security Department ESD WorkSource Work Address1 3120 NW Randall Way Work Address2 Field not completed. City Silverdale State WA Zip 98383 Work Phone 5642501151 Fax Field not completed. Email Master of Science in Human Resources, Chapman University Education College, Bachelor's of Science in Workforce Education and Development, WED, Southern Illinois University, Certificates in Myers Briggs Type Indicator, Organizational Leadership, and Diversity, Equity, and Inclusion Local References Jeff Flood I am interested in serving: Bremerton Housing Authority Is this an application for reappointment? No How long have you lived in Bremerton 50 years Why are you applying for this appointment? As a lifelong resident of Bremerton, leaving only to serve in the military and for civilian work, I am deeply rooted in the community and have a sense of pride about the future of Kitsap County, Washington State, and our country. As a graduate of Bremerton High School, I can remember times where I could walk safely in Bremerton. Today, as I drive to work in Silverdale, I am greeted by our unhoused neighbors. I want to retain safety throughout our neighborhoods and help solve problems that the unhoused may face. Simply put, I desire to make change by providing my knowledge, skills, and abilities to aid the Bremerton Housing Authority. Which of your personal and / or professional interests prompted you to apply for this appointment? When I learned my Supervisor, Jeff Flood was leaving, I knew I must act fast. Jeff always has such professional praise for the committee. As mentioned previously, I am born and raised in Kitsap County. I know that Bremerton was once a mecca and can be again. For personal reasons and interests, I want to help make our community a stronger, safer environment. Professionally, I hope to develop professional relationships to strengthen community. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. I presently serve on the Governor's Committee on Disability Issues and Employment. Appointed by Governor Inslee January 2023. Riptide 1 Condominium Association Please list your qualifications for this appointment (include skills, activities, training, education): Master's degree Human Resources, BS in Workforce Education and Development, 20+ years as an educator for community colleges and state colleges, 22+ years as an HR professional to include business ownership, Six Sigma Yellow Belt, Diversity, Equity, and Inclusion Training, ESD HR Training Trauma Informed Approach Modules 1-6, Guide to mentoring others, Conflict De-escalation: Working with Unhappy Customers, A Path Towards Equity 1-4, Inclusive Language Workshop, Neurodivergence, Psychological Safety, and HR Required Policies Annual Certification. What are your community interests (committee, organizations, special activities)? Bremerton Housing Authority, creating and maintaining respectable, quality housing for all that are interested in having. Please list any accommodations you need to perform volunteer duties: None at this time. 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 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Accept Washington State DOE Design Grant Agreement - Oyster Bay Regional Treatment Facilities Design COUNCIL MEETING Date: May 20, 2026 Department: Stormwater (NPDES) Presenter: Will Riley Phone: (360) 473-5207 SUMMARY: The City was awarded and negotiated a $639,935.00 grant for design and future construction of stormwater treatment facilities discharging to Oyster Bay. The design will be used to address capacity, 2 treatment facilities for phosphorus and Total Suspended Solids, and outfall remediation. ATTACHMENTS: OBRTF PWC 260421 Department of Ecology Agreement No. WQC-2026-BremPW-00313 FISCAL IMPACTS (Include Budgeted Amount): $93,380.29 Stormwater Utility Grant Match STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept Washington State DOE Design Grant Agreement for the Oyster Bay Regional Treatment Facilities Design; 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 4E Oyster Bay Regional Treatment Facility-Design Grant Awarded $651,355 Design Grant from the Department of Ecology. The current Oyster Bay stormwater outfall requires replacement due to deterioration and lacking capacity for current stormwater flow. Project would result in design for: •New stormwater outfall •Increased stormwater capacity for 150 acres •2 new treatment facilities, treating 81 acres Design would be used to apply for Department of Ecology construction grant. These are crucial steps in opening shellfish beds for harvest. Agreement No. WQC-2026-BremPW-00313 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON – PUBLIC WORKS AND UTILITIES This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Bremerton – Public Works and Utilities, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. Oyster Bay Regional Treatment Facilities Design GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project will improve water quality in Oyster Bay through the design and future construction of stormwater treatment facilities on Kitsap Way near the northern terminus of Oyster Bay Ave and will modify an existing outfall in Oyster Bay in the City of Bremerton. This project will provide treatment for total suspended solids (TSS) and total phosphorus. Project Long Description: The RECIPIENT developed a city-wide Stormwater Management Action Plan (SMAP) in 2023 with funding from ECOLOGY grant WQC-2022-BremPW-00140. The 2023 SMAP identified stormwater runoff as a significant source of fecal coliform bacteria, nutrients, total suspended solids (TSS), and metals in the basin. Through the SMAP process, the RECIPIENT determined that Oyster Bay is a top priority basin for regional treatment facilities. $639,935.00 $622,535.29 $529,155.00 $93,380.29 07/01/2025 03/31/2028 Stormwater Facility Page 2 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities The Dyes/Sinclair Inlet Fecal Coliform Total Maximum Daily Load (TMDL) report identified discharges to Oyster Bay as a high priority for pollutant reduction. Oyster Bay is on Washington’s 303(d) List for aquatic life impairments due to low dissolved oxygen concentrations. Land use in the Oyster Bay basin consists of high density commercial and residential development with a high percentage of high traffic roadways . The RECIPIENT will design stormwater treatment facilities certified by the Washington State Technology Assessment Protocol – Ecology (TAPE) program within city right-of-way on Kitsap Way near the northern terminus of Oyster Bay Ave. The facilities will provide treatment for total suspended solids (TSS) and total phosphorus. The contributing areas for stormwater treatment are referred to as subbasin OB1 (48.15 acres) and subbasin OB2 (33.5 acres). The RECIPIENT will design separate treatment systems for the two contributing areas, and flows from the treatment devices will be combined following treatment for a total 81.65-acre contributing area. Stormwater from these areas currently discharges without treatment to an existing permitted outfall (Lease # A R/W46322/HA2604) in Oyster Bay. The outfall currently extends from the bank below Kitsap Way into Oyster Bay. The existing outfall consists of a pipe that extends from the bank to a 72-inch maintenance hole and a second pipe that extends from the maintenance hole into the bay. The maintenance hole is located below the ordinary high-water mark of Oyster Bay. The Oyster Bay outfall also receives stormwater from an adjacent 17.4-acre area treated by a modular wetland system constructed sometime before 2019. During high precipitation events, the volume of stormwater exceeds the capacity of the pipe that flows from the maintenance hole to the bay. This results in stormwater flowing out of the top of the maintenance hole. The RECIPIENT will analyze alternatives and design a modification to the Oyster Bay outfall to improve its functionality. Overall Goal: This project will help protect and restore water quality in Washington State by reducing stormwater impacts from existing infrastructure and development. Template Version 12/10/2020 Page 3 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities RECIPIENT INFORMATION Organization Name: Federal Tax ID: UEI Number: HV84RG6NYNG4 Mailing Address: Physical Address: Contacts Organization Email: City of Bremerton – Public Works and Utilities 91-6001231 100 Oyster Bay Ave N Bremerton, WA 98312 345 6th Street, Bremerton, WA 98337 Bremerton, Washington 98337 Will Riley Stormwater Program Manager 345 6th Street, Bremerton, WA 98337 Bremerton, Washington 98337 Email: will.riley@ci.bremerton.wa.us Phone: (360) 473-5929 Authorized Signatory Cassidy Gengenbach Accountant/Financial Analyst 345 6th Street, Suite 100 Bremerton, Washington 98337 Email: cassidy.gengenbach@bremertonwa.gov Phone: (360) 473-5498 Billing Contact Project Manager Authorized Signatory Greg Wheeler Mayor 345 6th Street, Suite 600 Bremerton, Washington 98337 Email: greg.wheeler@ci.bremerton.wa.us Phone: (360) 473-5266 chance.berthiaume@ci.bremerton.wa.us Template Version 12/10/2020 Page 4 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities Contacts Project Manager Financial Manager Lisa Rodgers PO Box 330316 Shoreline, Washington 98133-9716 Email: liro461@ecy.wa.gov Phone: (425) 229-5512 Stephanie Herbst Project and Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: sher461@ecy.wa.gov Phone: (360) 628-1911 ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Template Version 12/10/2020 Page 5 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel , equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement , including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement . This Agreement contains the entire understanding between the parties , and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing , signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement . ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party . This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Water Quality Date Date City of Bremerton – Public Works and Utilities Jon Kenning, PhD Mayor Greg Wheeler By:By: Template Approved to Form by Attorney General's Office Program Manager Template Version 12/10/2020 Page 6 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities City Clerk Date Angela Hoover Template Version 12/10/2020 Page 7 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities SCOPE OF WORK Task Number:1 Task Cost: $19,805.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; and the EAGL (Ecology Administration of Grants and Loans) recipient closeout report (including photos, if applicable). If the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, and Recipient Closeout Report. * Properly maintained project documentation. Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) Template Version 12/10/2020 Page 8 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities SCOPE OF WORK Task Number:2 Task Cost: $109,290.00 Task Title:Cultural and Environmental Review, and Permitting Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A. The RECIPIENT will submit the documents listed below to initiate ECOLOGY’s cultural resources review . Property acquisition and above and below ground activities proposed at any project site must be reviewed by ECOLOGY for potential effects to cultural resources . The RECIPIENT must receive written notice from ECOLOGY prior to proceeding with work . Examples of work may include (but are not limited to) geotechnical work, acquisition, site prep work, and best management practices (BMP) installations. Work done prior to written notice to proceed shall not be eligible for reimbursement . To initiate cultural resources review: 1. The RECIPIENT will submit the Cultural Resources Review Form to ECOLOGY, using the template on ECOLOGY’s website. Any supporting materials must conform to the Department of Archeology and Historic Preservation’s (DAHP) Washington State Standards for Cultural Resource Reporting . 2. The RECIPIENT will submit an Inadvertent Discovery Plan (IDP) to ECOLOGY, using the template on ECOLOGY’s website. The RECIPIENT will ensure that all contractors and subcontractors have a copy of the completed IDP prior to and while working on-site. B. The RECIPIENT will submit the State Environmental Policy Act (SEPA) checklist for ECOLOGY Project Manager review and notify the ECOLOGY Project Manager when the official comment period begins . The RECIPIENT will also upload the final SEPA determination. C. The RECIPIENT is responsible for application of, receipt of, and compliance with all required local, state, Tribal, and federal permits, licenses, easements, or property rights necessary for the project. Task Goal Statement: The RECIPIENT will complete all cultural and environmental reviews and permitting tasks in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by the cultural resource protection requirements, State Environmental Policy Act, and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 Page 9 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities Deliverables Cultural and Environmental Review, and Permitting Number Description Due Date 2.1 ECOLOGY Cultural Resources Review Form. Email the form and any supplemental cultural resources documentation directly to the ECOLOGY Project Manager. DO NOT upload the Cultural Resources Review Form or documentation to EAGL. 2.2 ECOLOGY Inadvertent Discovery Plan (IDP). Email the IDP directly to the ECOLOGY Project Manager for review . Upload to EAGL once review is complete. 2.3 SEPA Checklist, or other documentation for projects considered exempt from SEPA review. Upload to EAGL and notify ECOLOGY when the official comment period begins. 2.4 Final SEPA Determination. Upload to EAGL and notify ECOLOGY. 2.5 Archaeological Monitoring Plan, if needed. Email the Monitoring Plan directly to the ECOLOGY Project Manager. DO NOT upload the Plan to EAGL. 2.6 Archaeological Monitoring Report, if needed. Email the Monitoring Report directly to the ECOLOGY Project Manager. DO NOT upload the Report to EAGL. Template Version 12/10/2020 Page 10 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities SCOPE OF WORK Task Number:3 Task Cost: $487,040.29 Task Title:Design Plans and Specifications Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . The RECIPIENT will develop a project design. The design submittals must conform to the Stormwater Deliverables Guidance document. Projects must be designed in accordance with the Stormwater Management Manual for Eastern Washington, Stormwater Management Manual for Western Washington , or equivalent manual. Refer to the ECOLOGY website for specific guidance. Project must be reviewed and accepted in writing by ECOLOGY to be eligible for reimbursement. The RECIPIENT will upload the design submittals listed below to EAGL for ECOLOGY review. Reduce design figures to 11x17 inches in size and ensure they are legible. A. The RECIPIENT will submit a Design Report to ECOLOGY for review and acceptance . Allow 45 calendar days for ECOLOGY review. At a minimum, the report must include an introduction, basin description, site description, minimum requirements/core element analysis, alternatives analysis, design analysis, quantification of the water quality benefit, engineer’s opinion of cost , and a project schedule. Refer to the Stormwater Deliverables Guidance for more information. The RECIPIENT will describe the water quality benefit by providing: 1. A preliminary equivalent new/re-development area calculation for the design using the methods outlined in the Stormwater Deliverables Guidance. 2. Preliminary GIS polygon data for the contributing area(s) to each of the project’s stormwater facility BMP(s). Acceptable formats include shapefiles, file geodatabase feature classes, shared feature service URLs, or ECOLOGY-accepted equivalent. The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an ECOLOGY Design Report Acceptance Letter prior to proceeding to 90 Percent Design. B. The RECIPIENT will submit a 90 Percent Design Package to ECOLOGY for review and acceptance . Allow 45 calendar days for ECOLOGY review. At a minimum, this package must include 90 percent plans, specifications, an engineer’s opinion of cost with eligible and ineligible costs broken out , and a project construction schedule. The current required bid inserts and specifications may be found on the ECOLOGY website . The RECIPIENT will also provide: 1. Preliminary GIS polygon data for the project’s stormwater facility BMP footprint (s). Acceptable formats include shapefiles, file geodatabase feature classes, shared feature service URLs, or ECOLOGY-accepted equivalent. Refer to the Stormwater Deliverables Guidance for more information. 2. Updated GIS polygon data for the contributing area(s) provided under A.2 to correspond with the 90 Percent Design Package. Template Version 12/10/2020 Page 11 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities The RECIPIENT agrees to respond to ECOLOGY comments. The RECIPIENT must receive an Ecology 90 Percent Design Acceptance Letter. Task Goal Statement: The RECIPIENT will complete all design tasks and respond to ECOLOGY comments in a timely manner . Task Expected Outcome: The project will meet the requirements set forth by ECOLOGY water quality facility design standards and all other applicable federal, state, and local laws, and regulations. Template Version 12/10/2020 Page 12 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities Deliverables Design Plans and Specifications Number Description Due Date 3.1 Signed and dated consultant contract, if procuring services for design. The contract must include ECOLOGY’s standard contract clauses insert . Upload to EAGL and notify ECOLOGY. 3.2 ECOLOGY Design Report. Upload to EAGL and notify ECOLOGY. 3.3 Contributing area(s) preliminary GIS polygon data. Upload to EAGL and notify ECOLOGY. 3.4 Responses to ECOLOGY Design Report comments . Upload to EAGL and notify ECOLOGY. 3.5 ECOLOGY Design Report Acceptance Letter . Upload to EAGL and notify ECOLOGY. 3.6 90 Percent Design Package. Upload to EAGL and notify ECOLOGY. 3.7 BMP footprint(s) and updated contributing area(s) GIS polygon data. Upload to EAGL and notify ECOLOGY. 3.8 Responses to ECOLOGY 90 Percent Design Package comments. Upload to EAGL and notify ECOLOGY. 3.9 ECOLOGY 90 Percent Design Acceptance Letter . Upload to EAGL and notify ECOLOGY. Template Version 12/10/2020 Page 13 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities SCOPE OF WORK Task Number:4 Task Cost: $6,400.00 Task Title:Project Close Out Task Description: The RECIPIENT must ensure the following items are completed and provide the associated deliverables to ECOLOGY. The RECIPIENT must approve all materials prior to submitting them to ECOLOGY for acceptance . A. The RECIPIENT will submit the Recipient Close Out Report (RCOR) in EAGL in accordance with Task 1. B. The RECIPIENT will submit an Outcomes Summary using the ECOLOGY template . Task Goal Statement: The RECIPIENT will complete all close out submittals in a timely manner. Task Expected Outcome: * Timely and complete submittal of Recipient Closeout Report and Outcomes Summary . Deliverables Project Close Out Number Description Due Date 4.1 Outcomes Summary. Upload to EAGL and notify ECOLOGY. Template Version 12/10/2020 Page 14 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities BUDGET Funding Distribution EG260624 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title:SFAP Title: State SFAP - SFY26 100% Model Toxics Control Capital Account(MTCCA) Stormwater Type: Funding Source %: Description: FDFund: Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? No Approved State Indirect Rate: 30% 15% No No Funding Source: Funding Expiration Date:Funding Effective Date:07/01/2025 03/31/2028 Funding Type:Grant SFAP Task Total Grant and Loan Administration 19,805.00$ Cultural and Environmental Review, and Permitting 109,290.00$ Design Plans and Specifications 487,040.29$ Project Close Out 6,400.00$ 622,535.29$Total: Template Version 12/10/2020 Page 15 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%529,155.00 622,535.2993,380.2915.00SFAP Total $$93,380.29 529,155.00 $622,535.29 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS WQC-2024—Water Quality Program Special Terms and Conditions (Update June 2023) SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Accrued Interest” means the interest incurred as loan funds are disbursed. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Build American Buy American (BABA)” means a portion of the Infrastructure Investment and Jobs Act and establishes a domestic content procurement preference for all Federal financial assistance obligated for infrastructure projects after May 14, 2022. “Bipartisan Infrastructure Law (BIL)” means funding to improve drinking water, wastewater and stormwater infrastructure. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Construction Materials” means an article, material, or supply (other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; aggregate binding agents or additives; or non-permanent products) that is or consists primarily of, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber Template Version 12/10/2020 Page 16 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities optic cables), (including optic glass), lumber, and drywall. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Davis Bacon Prevailing Wage Act” means the federal law mandating on -site workers on public works projects be paid certain wages, benefits, and overtime (also known as “prevailing wage” on all government-funded construction, alteration, and repair projects. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount and the estimated schedule for completion of the project . “Equivalency” means the amount of State Revolving Fund (SRF) funding each funding cycle equivalent to the EPA grant to Ecology. “Equivalency Project” means State Revolving Fund (SRF) funded project(s) designated by ECOLOGY to receive federal funding and meet additional federal requirements. “Expiration Date” means the latest date on which eligible costs may be incurred. “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and accrued interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount and the initiation of operation or completion date , whichever comes first. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the facility financed with proceeds of the loan begins to operate for its intended purpose. (For loans only) “Iron and Steel Products” means products made primarily of iron or steel including but may not be limited to: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund Template Version 12/10/2020 Page 17 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan. “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. “Manufactured Products” means, items and construction materials composed in whole or in part of non-ferrous metals such as aluminum plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concreate; glass, including optical fiber; and lumber. “Produced in the United States” means for iron and steel products, that all manufacturing processes, from the initial melting state through the application of coatings, occurred in the Untied States. “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Prevailing Wage” means hourly wage , usual benefits, and overtime paid in the largest city in each county , to the majority of workers, laborers, and mechanics performing the same work. The rate is established separately for each county. “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed and is the last day eligible costs can be incurred. This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution. “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been Template Version 12/10/2020 Page 18 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities determined to be eligible for ECOLOGY grant or loan funding , including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “Unique Entity Identity Identifier (UEI)” means a 12-character alphanumeric ID assigned by SAM.gov. to an entity doing business with or receiving funds from the federal government. This number replaces the DUNS number. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due . “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting.” B. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. C. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington . Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right . 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water Template Version 12/10/2020 Page 19 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance. 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required . e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. D. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . E. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. F. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the Template Version 12/10/2020 Page 20 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities funded project, must also be reported on the Equipment Purchase Report in EAGL. G. Funding Recognition: The RECIPIENT must inform the public about any ECOLOGY or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Contact your Ecology Project Team to determine the appropriate recognition for your project. H. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70 A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. I. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request. J. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. K. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. L. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. M. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY: 1. Federal Funding Accountability and Transparency Act (FFATA) Form is available on the Water Quality Program website and must be completed and submitted to Ecology. (This form is used for Section 319 (federal) funds only) 2. “Section 319 Initial Data Reporting” form must be completed in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file , the RECIPIENT may send a request to their Ecology Financial Manager . To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Template Version 12/10/2020 Page 21 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: CONDITIONS APPLY TO ALL FEDERAL FUNDING AGREEMENTS, INCLUDING SECTION 319, State Revolving Fund (SRF) Equivalency Projects, and SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANT (OSG) A. Acquisitions: RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act . B. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/. C. Archaeological Resources and Historic Properties (Section 106): This requires completion of the Ecology Cultural Resources Review Form, coordination with Ecology Cultural Resources staff , and receipt of the Ecology Final Determination prior to any property acquisition and above and below ground disturbing activities. D. Architectural and Engineering Services Procurement: The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see https://uscode.house.gov/view.xhtml?path=/prelim@title40/subtitle1/chapter 11&edition=prelim). E Build America, Buy America (BABA – Pub. L. No. 117-58, 70901-52) (Federally funded SRF Equivalency projects only): The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding agrees to comply with all federal requirements applicable to the assistance received (including those imposed by the Infrastructure Investment and Jobs Act (“IIJA”/BIL), Public Law No. 117-58) which the RECIPIENT understands includes, but is not limited to, the following requirements: that all the iron and steel, manufactured products, and construction materials used in the Project are to be produced in the United States (“Build America, Buy America Requirements”) unless (i) the RECIPIENT has requested and obtained a waiver from the cognizant Agency pertaining to the Project or the Project is otherwise covered by a general applicability waiver; or (ii) all of the contributing Agencies have otherwise advised the RECIPIENT in writing that the Build America, Buy America Requirements are not applicable to the project . RECPIENT shall comply with all record keeping and reporting requirements under all applicable legal authorities , including any reports required by the funding authority (such as EPA and/or a state), such as performance indicators Template Version 12/10/2020 Page 22 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities of program deliverables, information on costs and project progress. The RECIPIENT identified by ECOLOGY as receiving federal equivalency funding, understands that (i) each contract and subcontract related to the project is subject to audit by appropriate federal and state entities and (ii) failure to comply with the applicable legal requirements and this Agreement may result in a default hereunder that results in a repayment of the assistance agreement in advance of termination and/or repayment of assistance, and/or other remedial actions. EPA has granted an adjustment period waiver of the requirements of Section 70914(a) of the BIL, pursuant to Section 70914(b)(1) (public interest waiver), for eligible projects financed by SRF projects that have initiated project design planning prior to May 14, 2022, the statutory effective date of the BABA requirements . This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. This action permits the use of non-domestic manufactured products and construction materials in such projects funded by a Clean Water or Drinking Water SRF that may otherwise be prohibited under the BABA requirements of Section 70914. Sections 70917(a) and (b) of BIL provide a savings provision for existing statutory requirements that meet or exceed BABA requirements. The statutory American Iron and Steel (AIS) requirements of Clean Water Act (CWA) Section 608 and Safe Drinking Water Act (SDWA) Section 1452(a)(4) has previously applied to SRF projects and will continue to do so as part of BABA requirements . Where manufactured products used in the project are required to be produced in the United States, manufactured product shall mean manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. The manufactured products included cover the majority of potential water infrastructure products, including complex products made up of a variety of material types and components. For water infrastructure projects, commonly manufactured products would include, but not be limited to, pumps, motors, blowers, aerators, generators, instrumentation and control systems, gauges, meters, measurement equipment, treatment equipment, dewatering equipment, actuators, and many other mechanical and electrical items. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction , equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained : 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. Template Version 12/10/2020 Page 23 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws , including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. I. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines Template Version 12/10/2020 Page 24 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. J. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements . This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review upon request. Wage determinations and instructions for their use can be found at https://sam.gov/. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works , Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request. Where conflicts arise between the State prevailing wage rates and Davis-Bacon Act prevailing wage requirements the more stringent requirement shall govern. Washington State prevailing wage rates can be found at https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ K. Trafficking in Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons. This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. L. Unique Entity Identity Identifier (UEI): The RECIPIENT agrees to register with and make their registration public in the System for Award Management (SAM.gov). The RECIPIENT will be assigned a UEI and agree to include their UEI Number under their organization’s information in EAGL . The UEI number must be entered into EAGL before a funding agreement is signed. SECTION 5: CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents /forms to ECOLOGY before this agreement is signed by ECOLOGY: 1. Financial Capability Assessment Documentation (upon request) 2. Opinion of RECIPIENT’s Legal Council – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 3. Authorizing Ordinance or Resolution – Must be uploaded to the General Uploads form in EAGL. 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for all federally funded SRF Equivalency projects – Form available on the Ecology website must be completed and uploaded to the General Uploads form in EAGL. 5. CWSRF Federal Reporting Information form – Must be completed in EAGL. 6. Fiscal Sustainability Plan (Asset Management) Certification Form (Only required if the project includes construction of a wastewater or stormwater facility construction) – Must be completed in EAGL. 7. Cost and Effectiveness Analysis Certification Form (Required for all projects receiving SRF Loan funding) – Must be completed in EAGL. Template Version 12/10/2020 Page 25 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities 8. State Environmental Review Process (SERP) Documentation (Required for treatment works projects only) – Must be uploaded to the Environmental and Cultural Review form in EAGL. A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American – P.L 113-76, Consolidated Appropriations Act 2014, Section 436): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision. C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: ECOLOGY designated equivalency project and alternative designated equivalency project RECIPIENTs agree to accept federal funds and the federal requirements that accompany the funds . This includes all the requirements in Section 4 and this Section. E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: The RECIPIENT agrees to comply with the EPA SRF Signage Guidance to enhance public awareness of EPA assistance agreements nationwide . Signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/ Facility-project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are Template Version 12/10/2020 Page 26 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan, unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365-day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all the taxable property within the boundaries of the RECIPIENT. 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it. 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest . Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default . 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of Template Version 12/10/2020 Page 27 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager. No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement. 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount . If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office. K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long Template Version 12/10/2020 Page 28 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements . This applies to the construction, alteration, and repair of treatment works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis -Bacon Wages is in all contracts and subcontracts more than $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works , Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verified that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR , prevailing wage requirements, certified weekly payroll, etc. - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33 - The American Iron and Steel Act (Buy American) - The Build America Buy America Act (BABA) (equivalency projects only)” P. Representations and Warranties : The RECIPIENT represents and warrants to ECOLOGY as follows : Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for Template Version 12/10/2020 Page 29 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. 4. Expressed written agreement by the ECOLOGY. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactor GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the Template Version 12/10/2020 Page 30 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $30,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required Unique Entity Identifier in www.sam.gov <http://www.sam.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: Template Version 12/10/2020 Page 31 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf>, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 32 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 03/11/2026 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition." https://apps.ecology.wa.gov/publications/UIPages/SummaryPages/2601001.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party . 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 Page 33 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program , who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/tech-support/statewide-vendor-payee-services/. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email SupplierRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 Page 34 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement , all financial, performance, and other reports required by this Agreement . Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal , state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof . 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement . Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern , although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the Template Version 12/10/2020 Page 35 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise . • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise . The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County . 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Page 36 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement , unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress Template Version 12/10/2020 Page 37 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format . d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format . 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate . ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement . Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement . g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale , lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition , purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 Page 38 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds . Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Page 39 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit the Washington State Procurement Manual web page , Green Purchasing, https://des.wa.gov/purchase/washington-state-procurement-manual/green-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement , ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions , although ECOLOGY will make a reasonable attempt to provide notice . In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension . Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments. Template Version 12/10/2020 Page 40 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: WQC-2026-BremPW-00313 Oyster Bay Regional Treatment Facilities Design City of Bremerton – Public Works and Utilities If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement , at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Approve Goods & Services Agreement with Siemens for purchase and installation of new main service breaker at the Eastside UV Treatment Plant COUNCIL MEETING Date: May 20, 2026 Department: Public Works & Utilities Presenter: David Powell Phone: (360) 473-5268 SUMMARY: The Eastside UV Treatment Plant provides treatment for combined sewer flows during severe storm events in East Bremerton. The main service breaker at the plant has exceeded its useful life. This project replaces the main service breaker with a new Siemens breaker that is compatible with existing control room equipment. The City received a proposal from Siemens for $148,456.31, including sales tax, which is attached to the Goods and Services Agreement. This is a sole source purchase with Siemens as justified in a determination document approved by the Public Works Director. ATTACHMENTS: 1. Agreement; 2. Location Map; 3. Sole Source Justification FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the Wastewater Capital Improvement Program under Project I.D.# WW00029, Fiber Upgrade/Expansion , and Project I.D.# WW00042, titled WWTP and Pump Station Improvement Program. STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the agreement with Siemens for the purchase and installation of a new main service breaker at the Eastside UV Treatment Plant in the amount of $148,456.31, including sales tax, 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 4F Goods and Services Agreement Page 1 of 8 Siemens ESTP Service Breaker May 2026 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, including ADDENDUM 1, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Siemens Industry, Inc. ("Vendor"), whose mailing address is: 1000 Deerfield Parkway, Buffalo Grove, IL 60089-4513. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: manufacture, deliver, install and test the main service breaker at the Eastside WWTP located at 2500 Stephenson Avenue, Bremerton, WA per Exhibit 1: PROPOSAL SB circuit breaker replacement, w/UL option March 26, 2026. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 130 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $148,456.31, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Net 30 days upon “Notice of Final Completion”. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor 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 Agreement price specified above. The City further reserves it’s right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. 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 Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Goods and Services Agreement Page 2 of 8 Siemens ESTP Service Breaker May 2026 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor 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 Vendor'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 Goods and Services Agreement Page 3 of 8 Siemens ESTP Service Breaker May 2026 or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor 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 Vendor's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor 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 Vendor 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interp retations, and determination). VII. CLAIMS. The Vendor 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 Vendor 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 Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(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 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Goods and Services Agreement Page 4 of 8 Siemens ESTP Service Breaker May 2026 Vendor 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. VIII. WARRANTY. The Vendor 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 Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor 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 Goods and Services Agreement Page 5 of 8 Siemens ESTP Service Breaker May 2026 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 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; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. 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. Insurance is to be placed with a current A.M. Best rating of not less than A:VII. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement that is acceptable to the City, which names the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Vendor'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 Vendor 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. Goods and Services Agreement Page 6 of 8 Siemens ESTP Service Breaker May 2026 If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits maintained by the Consultant. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor 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. F. 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. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. Goods and Services Agreement Page 7 of 8 Siemens ESTP Service Breaker May 2026 H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor 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. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. J. 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusi vely under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. 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 IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless 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 or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: City of Bremerton Siemens Industry, Inc. Attn: Angela Hoover Attn: Edwin Stadelman City of Bremerton Siemens Industry, Inc. 345 6th Street, Suite 100 1000 Deerfield Parkway, Bremerton, WA 98337-1891 Buffalo. Grove, IL 60089-4513 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. 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 Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Goods and Services Agreement Page 8 of 8 Siemens ESTP Service Breaker May 2026 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. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor 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 Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor 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. . Q. 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 (See Addendum 1 attached) 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON SIEMENS INDUSTRIES, INC By: By: Print Name: Greg Wheeler Print Name: Edwin Stadelman Its: Mayor Its: National Business Manager Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk Location Map Attachment 2 ATTACHMENT 2 TO AGENDA BILL Public Works and Utilities Department 100 Oyster Bay Ave. N. x Bremerton, WA 98312 x (360) 473-5920 x FAX (360) 473-5360 Sole Source Determination Memo Page 1 of 2 Siemens Main Breaker at ESTP April 17, 2026 DATE: April 17, 2026 TO: Procurement File FROM: David Powell, Project Manager SUBJECT: Sole Source Determination for Siemens Main Service Breaker at Eastside UV Treatment Plan In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of Main Service Breaker at the Eastside UV Treatment Plant. Reasoning (check all supporting options below and remove unnecessary items): ܈ Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. Changing to a different manufacturer (ABB for instance) would require re- supply of all the existing equipment for compatibility with the new breaker. ܈ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. Schedule for delivery is 18-weeks from order. Price proposal includes Siemens Field Operation crews performing the installation before the rainy season starting October 1. ܈ Other: Describe why this is the only company that can provide the sole source product or service. Provide the support document that explains why a particular product, manufacturer, or service is necessary and provide support for why the company you requested is the only available company. See Attachment 1: Compatibility with existing equipment in the control building that is all Siemens products. Cost/Quote support: Per Quote No. 10145264 r1 at a total cost of: $148,456.31, our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase the Siemens Main Service Breaker through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these electrical components is justified for this procurement. Public Works and Utilities Department 100 Oyster Bay Ave. N. x Bremerton, WA 98312 x (360) 473-5920 x FAX (360) 473-5360 Sole Source Determination Memo Page 2 of 2 Siemens Main Breaker at ESTP April 17, 2026 Recommended by: ________________________________ David Powell, Project Manager Approved by: ________________________________ Chance Berthiaume, Public Works Director Digitally signed by David Powell DN: C=US, E=david.powell@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=David Powell Date: 2026.04.17 09:46:11-07'00' Chance Berthiaume Digitally signed by Chance Berthiaume Date: 2026.04.22 07:51:26 -07'00' W243548WA.00 Motor Control Centers 26 24 19 - 1 SSECTION 26 24 19 MOTOR CONTROL CENTERS PART 1 GENERAL 1.1 SCOPE A. This specification section is for modifications to the existing Siemens MCC, as shown on the contract drawings. B. By Others: Furnish and install new main breaker in existing Siemens MCC, using Siemens Electrical Services. This will require modifying MCC bus, new main breaker, new auxiliary items, and UL field evaluation and listing. C. Install the owner-furnished MCC circuit breaker feeder buckets in the existing Siemens MCC. D. Provide UL evaluation and listing of existing MCC, following the modifications as specified herein and shown on the contract drawings. 1.2 REFERENCE STANDARDS A. The Motor Control Center components shall be manufactured and tested according to the latest applicable standards of the following agencies: Reference Title UL 845 Motor Control Centers NEMA ICS 18-2001 Motor Control Centers NEMA ICS 1-2001 Industrial Control and Systems: General Requirements NEMA ICS 2.3-2008 Industrial Control and Systems: Instructions for the Handling, Installation, Operation, and Maintenance of Motor Control Centers 1.3 QUALITY ASSURANCE A. REQUIREMENTS: 1. Section 26 05 00 General Requirements for Electrical Work. 2. Section 26 29 23 Variable Frequency Motor Controllers B. The manufacturer shall warranty the above specified equipment for twelve months from equipment start-up or eighteen months from date of shipment, whichever occurs first, to be free from defects in design, workmanship or materials. Attachment 1 (to Sole Source Determination Memorandum) W243548WA.00 Motor Control Centers 26 24 19 - 2 C. Provide field evaluation and UL listing of MCC following the modifications. D. By Others: Siemens Electrical Services to provide UL Listing for the switchboard main breaker as part of the new main breaker installation. 1.4 DELIVERY AND STORAGE: A. Equipment shall be handled and stored in accordance with manufacturer’s instructions. One (1) copy of these instructions shall be included with the equipment at time of shipment. B. Store indoors in clean dry space with uniform temperature to prevent condensation and per manufacturer’s recommendations. Protect from exposure to dirt, fumes, water, corrosive substances, and physical damage. C. Promptly inspect shipments to ensure products comply with requirements, quantities are correct, and products are undamaged. D. Provide equipment and personnel to handle products; use methods to prevent soiling, disfigurement, or damage. 1.5 SUBMITTALS A. SUBMITTAL ITEMS FOR THIS SECTION: 1. Review of Shop Drawings and Brochures shall not relieve the Contractor of responsibility for dimensions and/or errors that may be contained therein, or deviations from Contract Document requirements. It shall be clearly understood that the noting of some errors, but the overlooking of others does not grant the Contractor permission to proceed in error. Regardless of any information contained in the Shop Drawings and Brochures, the requirements of the Contract Documents shall govern and are not waived or superseded in any way by the review of the Shop Drawings and Brochures. 2. Where submitted items deviate from specification requirements, a list of any specification sections that are not being met by the submitted item must be provided. The list is to be organized by specification section and paragraph and shall list the product requirement and in what way submitted item does not comply with the requirement. A detailed written explanation of the reasons for requesting the deviation must also be included. a. The Owner shall be the final authority for determining acceptability of requested deviations. The remaining portions of the paragraph not underlined will signify compliance with the specifications. W243548WA.00 Motor Control Centers 26 24 19 - 3 b. Failure to include a list of the specification section deviations along with justification(s) for any requested deviations to the specification requirements, with the submittal shall be sufficient cause for rejection of the entire submittal with no further consideration. 3. Arrangements and dimensions shown on the drawings are provided to show intent. Contractor and equipment supplier are to verify installation requirements and ensure the arrangement of the equipment being submitted will suit the intent of the design and is compatible with the installation requirements. Where the proposed arrangement differs from the intent shown on the drawings, the contractor is to make note of the variance and offer an explanation for the change. 4. Include product data sheets of equipment, devices, and materials requested by the individual specification sections. a. Catalog information shall include technical specifications and application information, including ratings, range, weight, accuracy, etc. b. Catalog cuts shall be edited to show only the items, model numbers, and information which apply. c. Catalog cuts shall be assembled in a tabbed three ring binder. Each binder shall contain a cover sheet and index listing the sub- mitted items and cross- referenced to the appropriate specification paragraph. Where submittal information for equipment or materials covered by more than one specification Section is included within one binder, each tab shall be submitted as a separate submittal number. The tab shall be labeled with the submittal number. d. Where submittals are made electronically in PDF format, the PDF shall be organized by specification section and linked to an index. The PDF shall be searchable. 1.6 QUALITY ASSURANCE A. Manufacturer: For equipment required for the work of this section, provide products which are the responsibility of one manufacturer. B. Manufacturer shall have had produced similar electrical equipment for a minimum of 5 years. C. Manufacturer shall be ISO 9001 certified. W243548WA.00 Motor Control Centers 26 24 19 - 4 PART 2 PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Siemens 2. Approved Equal 2.2 SWITCHBOARD MAIN CIRCUIT BREAKER (SUPPLIED BY OTHERS) A. Siemens Type 3WA metal-enclosed low-voltage power circuit breaker: 1. Compatibility with existing Siemens System/89 Motor Control Center supplied by North Coast Electric in 2001, procured under Siemens Order No. J8M8S. a. Service: 3Ph 4W b. Voltage: 480/277, 60Hz c. Available Fault Current: 65K AIC d. 1200A frame with 800A electronic trip rating plug B. Features: 1. LSIG Hi-Z protection 2. Integrated color display 3. Trip indication via LED 4. Internal self-testing with or w/o trip 5. Extended test functionality 6. Dynamic Arc-Flash Sentry feature (DAS+) 7. 10,000 Electrical duty cycles minimum without maintenance 8. SENTRON powerconfig software for commissioning breakers, to run comprehensive tests and format test reports. C. Required services: 1. Siemens shall provide onsite installation and supply all components necessary for the retrofit to include breaker, interior parts, buss work and all auxiliary equipment. W243548WA.00 Motor Control Centers 26 24 19 - 5 2. Siemens to provide setup of the breaker and perform onsite training for DAS+ and SENTRON powerconfig software. 2.3 FEEDER CIRCUIT BREAKERS A. Molded-Case Circuit-Breakers: 1. Compatibility with existing Siemens System/89 Motor Control Center supplied by North Coast Electric in 2001, procured under Siemens Order No. J8M8S. a. Service: 3Ph 4W b. Voltage: 480/277, 60Hz c. Available Fault Current: 65K AIC d. Bus Rating: 800A (3/8 x 2) 2. Inverse time-current element for low-level overloads, and instantaneous magnetic trip element for short circuits. 3. Mechanical style lugs suitable for number, size, trip ratings, and material of conductors. 4. UL 489 listed, with interrupting capacity to meet available fault currents. B. Molded-Case Circuit-Breaker Features and Accessories: 1. 1ea. 125A molded case circuit breaker for Power Distribution Center #1 (PDC-1) a. Provided by owner for contractor installation. b. 04FA, System 89, MCC Depth: 20 (Front Only), System Voltage: 480Y/277 3Ø4W AC, 60 Hz, Available Fault Current: 65,000, NEMA Type: 1A - Indoor gasketed, Horizontal Bus Amperage: 800, Horizontal Bus Plating: TIN, Horizontal Bus Material: COPPER (ONLY), Wiring Class: I (Std. Unit Diagrams Only), Wiring Type: Bd (Unit control tb). i. 125AF 125AT 3VA51-HEAS HFCB or approved equal ii. High Density FCB, 3VA51-HEAS Trip Amperage 125 or approved equal iii. Height 6” Width 16” Depth 8.347” 2. 1ea. 60A molded case circuit breaker for Power Distribution Center #2 (UV PDC-2) W243548WA.00 Motor Control Centers 26 24 19 - 6 a. Pre-procured by owner for contractor installation. b. 04FB, System 89, MCC Depth: 20 (Front Only), System Voltage: 480Y/277 3Ø4W AC, 60 Hz, Available Fault Current: 65,000, NEMA Type: 1A - Indoor gasketed, Horizontal Bus Amperage: 800, Horizontal Bus Plating: TIN, Horizontal Bus Material: COPPER (ONLY), Wiring Class: I (Std. Unit Diagrams Only), Wiring Type: Bd (Unit control tb). i. 125AF 60AT 3VA51-HEAS HFCB or approved equal ii. High Density FCB, 3VA51-HEAS Trip Amperage 60 or approved equal iii. Height 6” Width 16” Depth 8.347” 3. 1ea. 15A molded case circuit breaker for Hydraulic System Center (UV HSC-1) a. Pre-procured by owner for contractor installation. b. 04FC, System 89, MCC Depth: 20 (Front Only), System Voltage: 480Y/277 3Ø4W AC, 60 Hz, Available Fault Current: 65,000, NEMA Type: 1A - Indoor gasketed, Horizontal Bus Amperage: 800, Horizontal Bus Plating: TIN, Horizontal Bus Material: COPPER (ONLY), Wiring Class: I (Std. Unit Diagrams Only), Wiring Type: Bd (Unit control tb). i. 125AF 15AT 3VA51-HEAS HFCB or approved equal ii. High Density FCB, 3VA51-HEAS Trip Amperage 15 or approved equal iii. Height 6” Width 16” Depth 8.347” 4. 2ea. 15" wide plug-in support assembly kit a. Pre-procured by owner for contractor installation. b. Catalog No.: 8PG11922DF02 or approved equal 5. 1ea. Unit door, 15”x6” a. Pre-procured by owner for contractor installation. b. Catalog No.: 8PG11921DE01 or approved equal 2.4 MCC BUCKET ENCLOSURES A. Siemens System/89 Motor Control Center - ½ space unit B. Provide circuit breaker disconnect handle and lockout provision W243548WA.00 Motor Control Centers 26 24 19 - 7 C. Indoor Locations: NEMA 250, Type 1A gasketed. D. Component Nameplate: Adhesive with Stainless Screws 1. UV PDC-1 2. UV PDC-2 3. UV HSC-1 E. Buckets shall be fitted for existing MCC structure. 2.5 WIRING A. The wiring shall be NEMA Class 1. B. All internal wiring shall be labeled using heat shrink type material. 2.6 FACTORY FINISHES A. Manufacturer’s standard prime-coat finish ready for field painting. B. Finish: Manufacturer’s standard paint applied to factory-assembled and tested enclosures before shipping. PART 3 EXECUTION 3.1 INSTALLATION A. Installation of new main breaker and bus work reconfiguration shall be completed by manufacturer or authorized manufacturer’s representative. B. Installation shall be per the manufacturer’s recommendations, written instructions, final shop drawings, and contract documents. Installation shall be coordinated with adjacent work to ensure proper sequence of construction, clearances and support. C. Comply with NFPA 70 working space requirements and NECA 1. D. Set adjustable parameters and provide testing and calibration as required by engineering considerations. E. Provide UL evaluation and listing of complete MCC unit following the modifications. 3.2 CONNECTIONS A. Install equipment grounding connections for switches and circuit breakers with ground continuity to main electrical ground bus. W243548WA.00 Motor Control Centers 26 24 19 - 8 B. Install power wiring. Install wiring between switches and circuit breakers, and control and indication devices. C. Tighten electrical connectors and terminals according to manufacturer’s published torque-tightening values. If manufacturer’s torque values are not indicated, use those specified in UL 486A and UL 486B. 1. Mark lugs after torquing with red paint such that paint will be visibly disturbed if lugs are disturbed. 3.3 CLEANING A. On completion of installation, inspect interior and exterior of enclosures. Remove paint splatters and other spots. Vacuum dirt and debris; do not use compressed air to assist in cleaning. Repair exposed surfaces to match original finish. 3.4 TESTING A. Perform factory and installation tests in accordance with applicable NEMA and UL requirements. B. Provide technically certified personnel on site to perform pre-energization tests and provide certificate of proper installation. C. During acceptance testing, provide technical personnel onsite with capability to diagnose errors, program MCC equipment and resolve any problems within the MCC system. D. Prepare for acceptance tests as follows: 1. Test insulation resistance for each enclosed switch, circuit breaker, component, and control circuit. 2. Test continuity of each line- and load-side circuit. 3.5 TRAINING A. Provide 2 hours of onsite training for MCC operation and maintenance. B. Training shall include instructions on operating new breakers, and new dynamic arc flash technology. END OF SECTION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Public Works Agreement with Holt Services, Inc. for Well 6R Rehabilitation Project COUNCIL MEETING Date: May 20, 2026 Department: PW&U-Engineering Presenter: Denton Lynch Phone: (360) 473-2350 SUMMARY: Well 6R was drilled into the Deep Artesian Aquifer in 2004 to a depth of 640 feet below ground surface. The well was redeveloped in 2021 due to lower-than-anticipated pumping water levels, and loss of efficiency. Based on current observed well production and i mpacts of previous efficiency loss, additional redevelopment is required. Requests for bids were sent to contractors selected from the Municipal Research and Services Center (MRSC) Small Works Roster. 3 bids were received. Bids were opened on April 29, 2026. The apparent low bidder was rejected as non-responsive. The lowest responsive, responsible bidder was Holt Services, Inc., who submitted a bid in the amount of $184,329.60, which includes sales tax. The Engineer’s estimate was $150,000 to $200,000. ATTACHMENTS: 1.Public Works Agreement; 2. Location Map; 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2026 Water CIP for $350,000. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Holt Services, Inc. for the Well 6R Rehabilitation Project in the amount of $184,329.60; 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 4G Brea ker. Well 6R Rehabilitation Page 1 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Holt Services, Inc. (“Contractor”), whose mailing address is P.O. BOX 1659, Milton, WA 98354. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Bid Documents titled: Well 6R Rehabilitation. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 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 $184,329.60. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) if contract cost is over $150,000, or ten percent (10%) if performance bond is waived, of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, 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. C. 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 Well 6R Rehabilitation Page 2 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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. D. 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 Well 6R Rehabilitation Page 3 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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 Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries 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. Well 6R Rehabilitation Page 4 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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 Well 6R Rehabilitation Page 5 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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 completed 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. Well 6R Rehabilitation Page 6 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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. Well 6R Rehabilitation Page 7 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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. Liquidated Damages. This agreement is subject to the Liquidated Damages Section, 1-08.9, as contained in the Special Provisions herein. Well 6R Rehabilitation Page 8 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. I. 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 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 or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. J. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. K. 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. L. 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. M. 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 including the General Special Provisions 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. N. 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. O. 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. P. 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 Well 6R Rehabilitation Page 9 of 9 Public Works Agreement April 2026 Bremerton/Holt Services, Inc. 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 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. Holt Services, Inc. THE CITY OF BREMERTON ______________________________ Print Name: Print Name:__Greg Wheeler_______ Title: Title: _____Its Mayor____________ DATE DATE Notices to be sent to: Notices to be sent to: Holt Services, Inc. CITY OF BREMERTON: Dale Abernathy Angela Hoover P.O. Box 1659 345 6th Street, Suite 100 Milton, WA 98354 Bremerton, WA 98337 (253) 604-4878 (360) 473-5323 (360) 473-5161 (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. 06/2025.doc Attachment B Site Exhibit State Rout e 16 ( S R 1 6)Anderson CreekA-1 Roofing City Access Easement and access driveway Project Site Anderson Hill Road SWSR-166 SR-16 Well 6R Rehabilitation April 2026 City of Bremerton Department of Public Works & Utilities Alternative Site Access Sinclair Inlet Well 6R Location Map SALES TAX TOTAL 15,529.60 184,329.60 19,706.40 233,906.40 15,511.20 184,111.20 SECOND LOW BIDDER -- HOLT SERVICES, INC.$184,329.60 THIRD LOW BIDDER -- SCHNEIDER WATER SERVICES $233,906.40 DATE OPENED: RECORDED BY: $150,000-$200,000ENGINEER ESTIMATE (INCLUDING SALES TAX) APPARENT LOW BIDDER --PNW Well Services, LLC $184,111.20 SUMMARY CURRENT SALES TAX RATE 9.20% PNW Well Services, LLC N 168,600.00 SCHNEIDER WATER SERVICES Y 214,200.00 CITY OF BREMERTON BID TABULATION BOND BASE BID NAME OF BIDDER OPENED BY: 4/29/2026 TIME OPENED: 4597- Well 6R Rehabilitation 1:01pm Denton Lynch Terry HarrisBID TITLE: HOLT SERVICES, INC.Y 168,800.00 5/7/2026 1 May 13, 2026 – Bremerton City Council Study Session Well 6R Rehabilitation Contract Award Project Purpose Well 6R was drilled in 2004 in the Anderson Creek Well Field. Redevelopment was performed in 2021 due to loss in production. Hydrogeologist recommends redevelopment every 5 to 8 years based on diminished production. Provides opportunity to evaluate efficiency of the 20-year old pump and motor. Agenda Bill Summary The project was presented to Public Works Committee on April 21, 2026. City received three bids, which were opened on April 29, 2026 Lowest responsive and responsible bid is Holt Services, Inc. for $184,329.60 Staff checked Holt’s references and found them satisfactory. Staff recommends awarding the contract to Holt Services, Inc. 1 2 3 5/7/2026 2 4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Acceptance of FHWA Grant from PSRC; and Approval of local agency agreement with WSDOT for the 11th Street Corridor Improvements Project COUNCIL MEETING Date: May 20, 2026 Department: Public Works Presenter: Vicki Grover Phone: (360) 473-2317 SUMMARY: The City has been awarded a Federal Highway Administration (FHWA) grant through the Puget Sound Regional Council (PSRC) to support design of the 11th Street Corridor Improvements project, extending from Kitsap Way to Pacific Avenue. The project includes pavement restoration and ADA accessibility upgrades between Kitsap Way and Warren Avenue, reconstruction of the corridor to a community boulevard between Warren Avenue and Pacific Avenue, and intersection safety improvements at Callow Avenue. The grant award totals $1,271,550 and requires a 13.5% City match of $198,450 for a total design phase budget of $1,470,000. Grant funding will be administered through the Washington State Department of Transportation utilizing a standard Local Agency Agreement form with their standard terms and conditions. ATTACHMENTS: 1. PSRC Grant Award Letter 2. Local Agency Agreement (blank) 3. Project Vicinity Map 4. Presentation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2025-2026 adopted budget. The City’s required local match of $198,450 is funded through REAL Estate Excise Tax (REET), with $200,000 budgeted for this purpose. Approval of this item does not create any additional fiscal impact beyond the adopted budget. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept FHWA Grant; and approve the Local Agency Agreement with WSDOT for the 11th Street Corridor Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4H Washington State Department of Transportation Local Agency Agreement Agency Address ALN No. 20.205 - Highway Planning and Construction (Assistance Listing Number) Federal Highway Administration (FHWA) Project Number Agreement Number For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Advertisement Date Indirect Cost Rate Yes No Type of Work PE % Federal Aid Participation Ratio(s) for PE a. Agency Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds b. Other c. Other d. State Services e. Total PE Cost Estimate Right of Way % Federal Aid Participation Ratio(s) for RW f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate CN % Federal Aid Participation Ratio(s) for CN k. Contract l. Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate r. Total Project Cost Estimate Agency Official By Title Agency Date Washington State Department of Transportation By Director, Local Programs Date Executed DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 1 86.5 Consultant 0 0 0 0 0 0 0 0 0 0 0 0 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 2 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $1,000,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 3 IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 4 XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 5 Instructions 1. Agency Name and Billing Address – Enter the Agency of primary interest which will become a party to the agreement. 2. Project Number – Leave blank. This number will be assigned by WSDOT. Not including all fund program prefixes (ex. “STBGR”), Project Number is defined as the Federal Award Identification Number (FAIN). 3. Agreement Number – Leave blank. This number will be assigned by WSDOT. 4. a. Project Description – Enter the project name, total length of the project (in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street” b. Description of Work – Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal Road and Dakota Avenue.” c. Project Agreement End Date – Enter the Project Agreement End Date (mm/dd/yy). This date is based on the project’s Period of Performance (2 CFR 200.309). For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add three years to determine the “Project Agreement End Date”. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”. d. Advertisement Date – At construction authorization only, enter the proposed project advertisement date (mm/dd/yy). e. Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 4. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. PE – Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state services, etc.). *Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3. • Line a – Enter the estimated amount of agency work in columns 1 through 3. • Line b & c – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e – Total of lines a + b + c + d. b. Right of Way – If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i. *Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3. • Line f – Enter the estimated amount of agency work in columns 1 through 3. • Line g & h – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line j – Total of lines f + g + h + i. c. Construction – Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency, state services, etc.). DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 6 *Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3. • Line k – Enter the estimated cost of the contract. • Lines l, m, & n – Enter other estimated costs such as utility and construction contracts or non-federally matched contract costs. • Line o – Enter estimated costs of all construction related agency work. • Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +p. d. Total Project Cost Estimate • Line r – Total Cost Estimate of the Project. Total of lines e + j + q. *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6. Signatures – An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/ yy). Note: Do NOT enter a date on the Date Executed line. 7. Method of Construction Financing – Choose the method of financing for the construction portion of the project. a. Method “A” is used when the state administers the contract for the agency. b. Method “B” is also used when the state administers the contract for the agency. c. Method “C” is used with projects administered by the local agency. The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. 8. Resolutions/Ordinances – When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. DOT Form 140-039LP Revised 09/2025 ● Previous Versions Obsolete ●Page 7 11th Street Corridor Improvements PROJECT LOCATION & VICINITY MAP KITSAP COUNTY BREMERTON Project Location Project Location 11th StreetKitsap Way (SR-310) to Pacific Ave±1.4 miles City of Bremerton 11th Street Corridor Improvements Study Session Meeting \May 13, 2026 City Council Meeting | May 20, 2026 Vicki Grover –PW&U Engineering Division Agenda Bill Schedule Study Session: May 13, 2026 City Council May 20, 2026 Acceptance of FHWA Grant From PSRC Project Location Project Scope –Design Only Three-segment Strategy: •Segment Phase 1 (Naval Ave to Warren Ave) –Pavement Preservation •Segment Phase 2 (Warren Ave to Pacific Ave) –Full Reconstruction, Community Boulevard –bike lanes, landscaping, wider sidewalks •Segment Phase 3 (Kitsap Way to Naval Ave) –Pavement Preservation, Callow Intersection Safety Improvements Preserve where we can, rebuild where it matters most Project Scope, Cont’d •Segment 1 (Naval Avenue to Warren Avenue) •Full width overlay (pavement preservation) •Curb ramp improvements (~27 curb ramps) •Segment 2 (Warren Avenue to Pacific Avenue) •Completes community boulevard •Complete street reconstruction •Bike lanes and new ADA compliant, wider sidewalks •Landscaping & street trees & streetscape •Targeted safety improvements •Segment 3 (Kitsap Way to Naval Avenue) •Full width overlay (pavement preservation) •Curb Ramp Improvements (~21 curb ramps) •Callow Ave. Intersection Safety Improvements Documented Accident Location: 11th at Callow Ave Poor Pavement Condition: 11th Street ADA Barriers: 11th at Roosevelt (WB) Grant Funding –Design Only •Total Design Budget: ~$1.4M •Grant Award (86.5%): $1,271,550 •City Match (13.5%): $200,000 (budgeted REET) •Federal Highway Administration Surface Transportation Program (STP) thru Puget Sound Regional Council •Competitively selected through Kitsap Regional Coordinating Council (KRCC) Countywide Competition (2024) •Council authorized application (2024 Resolution No. 3371) PSRC Funding Award Letter What Design Funding Delivers •30%, 60%, 90%, 100% & Ad-Ready Design •Environmental Permitting •Right of Way definition (as needed) •Utility Coordination & Public Outreach •Segment-specific design elements •Segments 1 & 3 –Preservation + ADA Accessibility upgrades •Segment 2 –Community Boulevard (multimodal) •Segment 3 -Callow Intersection Safety upgrade •Planning level construction cost: ~$7M (2028 $) Flexible Delivery Approach •No fixed construction sequence at this time •Phasing to be determined by: •Design •Funding opportunities •Deliver segments independently or bundled •Coordinate utilities and identify right of way constraints/needs Schedule & Next Steps •Begin Design: Q1 2027 •Phased Construction (preliminary; to be determined during design) •Phase 1 (2029): Naval to Warren •Phase 2 (2031): Warren to Pacific •Phase 3 (2033): Kitsap to Naval Council Action Requested •Accept $1.2M in grant funding •Authorize Local Agency Agreement w/ WSDOT •Allow staff to advance the project to construction-ready position for future funding •Budget previously approved (no budget amendment necessary) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Interlocal Agreement with Kitsap County KC-229-26 for reimbursable work performed and/or equipment rental COUNCIL MEETING Date: May 20, 2026 Department: PW&U Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Interlocal agreement with Kitsap County Road Department for services provided and/or equipment rentals for either agency. This would mutually benefit the City of Bremerton and Kitsap County Road Department. ATTACHMENTS: ILA agreement KC 229-26 FISCAL IMPACTS (Include Budgeted Amount): The approved 2026 chipseal budget for is $650K and we expect to save $200K per year that can be used for other transportation demands. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal agreement with Kitsap County Road Department 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 4I AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: May 13, 2026 Resolution No. 3410 to Authorize Opportunity Zone Application for Census Tract 53035080300 COUNCIL MEETING Date: May 20, 2026 Department: DCD Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: The Federal Opportunity Zones (OZ) program is intended to encourage long‑term private investment in economically distressed communities. Under the program, governors nominate eligible census tracts for designation by the U.S. Treasury, making them eligible for tax incentives that attract capital to areas with historic underinvestment by private markets. The original program, OZ 1.0, was established under the 2017 Tax Cuts and Jobs Act and remains in effect through 2028. Bremerton’s Downtown Regional Center is designated under this program. A new, permanent OZ 2.0 program launched this year, providing greater long‑term certainty and a 10‑year investment horizon through 2036. The State of Washington is accepting applications from April 28 to May 28, 2026. Six census tracts in and around Bremerton meet federal eligibility for OZ 2.0 consideration. Of these, one tract (Census Tract 53035080300) meets the State’s published criteria for selection by the Governor. This tract includes the Harrison Heights Subarea Plan area and the surrounding neighborhoods east of Warren Avenue. Pursuing designation as an Opportunity Zone can benefit the City by: • Attracting private investment into neighborhoods where redevelopment has been challenging; • Supporting job creation and business expansion; • Increasing the financial feasibility of housing; and • Promoting patient, long-term investment aligned with community priorities. It should be noted that designation does not create a new government program or impose new requirements. Instead, it provides a voluntary incentive that can help accelerate revitalization efforts already identified by the community in our Sub-area and Comprehensive Plans. The proposed Resolution authorizes the Mayor to apply for OZ 2.0 for Census Tract 53035080300. ATTACHMENTS: Resolution No. 3410 Authorizing Application for Opportunity Zone 2.0 Exhibit A: Aerial Map | Exhibit B: Zoning Map | Exhibit C: Public Investments in vicinity Letters of Support: KEDA, Virgina Mason Franciscan Health, Kitsap County Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): No City of Bremerton Fiscal Impacts STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3410 approving the submission of an application to designate Census Tract 53035080300 as an Opportunity Zone 2.0 area and authorize the Mayor, or their designee, to prepare, execute, and submit all necessary documents and materials required to complete and submit the application. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 5A Page 1 of 2 OPPORTUNITY ZONE 2.0 RESOLUTION NO. 3410 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the submission of an application to Washington State Department of Commerce for designation of Census Tract 53035080300 as an “Opportunity Zone 2.0” area. WHEREAS, the Federal Opportunity Zone program has been a tool to encourage long-term private investment in economically distressed communities through tax incentives tied to capital gains; and WHEREAS, the City of Bremerton seeks to position Census Tract 53035080300, as shown in Exhibit A, for equitable economic development, job creation, and reinvestment aligned with community goals, and anticipates that the primary focus of this d evelopment will occur within the Harrison Heights Subarea Plan area (shown in the zoning designation map in Exhibit B), which is a subset geography of this Census Tract; and WHEREAS, the City Council finds that this Census Tract satisfies the Washington State Department of Commerce (“Commerce”) “Community Need Test.” This Census tract encompasses the Harrison Heights Subarea Plan area which contains vacant, underutilized, and re- developable parcels and structures within the census tract, including sites suitable for adaptive reuse and infill development, which are currently not contributing to their highest and best economic use and are ready to support new investment and economic growth; and WHEREAS, the City Council finds that this Census Tract satisfies Commerce’s “Market/Investment Readiness Test,” as evidenced by existing and pending development proposals, permit applications, and pre-development activities within the Harrison Heights subarea that indicate near-term readiness for capital investment and the ability to proceed expeditiously within Opportunity Zone program timelines; and WHEREAS, the City Council finds that this Census Tract satisfies Commerce’s “Policy Alignment Test,” as demonstrated by the City’s adopted Harrison Heights Subarea Plan, supporting market analyses, and a Planned Action Environmental Impact Statement (EIS), all of which collectively establish a clear and cohesive vision for growth, economic development, housing, and infrastructure, while also providing for streamlined and predictable permitting processes; and WHEREAS, the Harrison Heights Subarea Plan and the establishment of this area Kitsap Countywide Planning Policies as a countywide growth center specifically identifies the area as a priority growth district with opportunities for mixed-use development, housing diversity, infrastructure improvements, and economic revitalization; and WHEREAS, the City of Bremerton and other community partners have already invested in capital infrastructure and other community assets within a 10-minute walkshed of the Harrison Heights area (see Exhibit C) that support quality community lifestyle and positions the City well for private investment for growth; and Page 2 of 2 OPPORTUNITY ZONE 2.0 WHEREAS, designation as an Opportunity Zone 2.0 would enhance the City’s ability to attract private capital aligned with adopted plans and policies, while enabling the City to guide development outcomes consistent with community values; and WHEREAS, the City of Bremerton is committed to ensuring that any resulting investment promotes inclusive economic development, minimizes displacement risk, and provides community benefits consistent with adopted policies and plans; and WHEREAS, the City Council finds that applying for Opportunity Zone 2.0 designation is in the best interest of the City and its residents; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the submission of an application to designate Census Tract 53035080300 (Exhibit A), as an Opportunity Zone 2.0 area and authorizes the Mayor, or their designee, to prepare, execute, and submit all necessary documents and materials required to complete and submit the application. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2026. JANE REBELOWSKI, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk ClareAveRobin AveWarrenAveWarrenAveRoosevelt Field Stevens Canyon Park ElizabethAveBroadwayAve11t h St Warren Ave M agnus on W ay Walnut S t PerryAveHolm an S tZeeden Way C hes t n u t S t Cherry AveCallahan D rSandersAve NE S tone WayAsh StE 19th StHemlock StTerrace S t E 1 8 t h S t PerryAve NESheridan Rd WheatonWa yClareAve East Park Nature Area Olympic View Elementary School Harrison Bremerton McKenzieAvePerryAveE 16th S tPitt AvePittAveScott Ave E 11th S tWinfieldAve PacificAveE 1 4th S t Highland AveE 1 3th St 12th S t PleasantAveE 1 8 th S t E 17th S t WheatonWa y Mane t te B rg 11t h St Evergreen Park Vantor, Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community EXHIBIT A: Census Tract 53035080300 Microsoft, Vantor0.25 Miles ¯EXHIBIT B Vantor0.5 Miles ¯ Harrison Heights Subarea 10-Minute Walkshed Bridge-to-bridge Trail Future Bus Rapid Transit OZ Census Tract EXHIBIT C 360.377.9499 | 2021 NW Myhre Rd, Suite 100 | Silverdale, WA 98383 | kitsapeda.org May 6, 2026 Washington State Department of Commerce P.O. Box 42525 Olympia, WA 98504-2525 Re: Support for Opportunity Zone 2.0 Designation – Harrison Heights (Census Tract 53035080300), City of Bremerton Dear Review Committee, On behalf of the Kitsap Economic Development Alliance (KEDA), I am writing to express our strong support for the City of Bremerton’s application to designate the Harrison Heights area (Census Tract 53035080300) as an Opportunity Zone under the proposed Opp ortunity Zone 2.0 program. KEDA’s mission is to support sustainable, inclusive economic growth across Kitsap County, and we view the Harrison Heights subarea as a uniquely positioned corridor for catalytic investment. The area combines proximity to key transportation routes, existing institutional anchors like the Puget Sound Naval Shipyard, and significant redevelopment opportunity, making it well-suited to leverage the enhanced incentives and policy refinements anticipated under Opportunity Zone 2.0. Designation of this tract would help unlock long-term private investment in ways that align with Bremerton’s adopted subarea planning goals. Harrison Heights vision guides growth intentionally and supports mixed-use development, expanding housing options across income levels, and strengthening access to jobs and services. Importantly, Opportunity Zone 2.0’s anticipated focus on transparency, community impact, and equitable outcomes would help ensure that new investment benefits existing residents while fostering economic vitality. From a regional economic development perspective, this designation would: • Encourage redevelopment of underutilized and vacant parcels into productive, job - generating uses • Support housing development that addresses critical workforce needs • Attract mission-aligned investors interested in long-term community outcomes • Reinforce Bremerton’s role as an economic hub and population growth within Kitsap County KEDA is particularly encouraged by the City’s proactive planning efforts in Harrison Heights, which provide a clear framework for responsible growth. This strong local vision significantly increases the likelihood that Opportunity Zone incentives will tran slate into meaningful, community-aligned development outcomes. 360.377.9499 | 2021 NW Myhre Rd, Suite 100 | Silverdale, WA 98383 | kitsapeda.org For these reasons, we respectfully urge the Department of Commerce to recommend approval to Governor Ferguson to approve Bremerton’s application for Opportunity Zone 2.0 designation for Census Tract 53035080300. Thank you for your consideration and for your continued partnership in advancing equitable economic development across Washington State. Thank you for your time and consideration. Sincerely, Joe Morrison Executive Director, Kitsap Economic Development Alliance morrison@kitsapeda.org | 360.377.9599 | www.kitsapeda.org Opportunity Zone 2.0 Resolution Authorizing Application City of Bremerton May 20, 2026 What is an Opportunity Zone? The Federal Opportunity Zone (OZ) program encourages long-term private investment in economically distressed areas. Governors nominate census tracts for U.S. Treasury designation, making them eligible for Federal tax incentives that attract private investment to development-ready communities with the most economic need. The original program (OZ 1.0), was created in 2017. Under this program the City’s Downtown Regional Center was designated. This designation expires in 2028 with no extension available. A new, permanent OZ 2.0 program launched in 2026 has new eligible Census tracts. The 10-year investment window will run through 2036. Potential benefits of Opportunity Zone designation include: •Attracting private investment to challenging redevelopment areas •Supporting job creation and business expansion •Improving the financial feasibility of creating new housing •Encouraging patient, long -term investment, aligned with community goals See Washington State Department of Commerce Opportunity Zones website for info & eligible census tracts: https://www.commerce.wa.gov/opportunity-zones/ Opportunity Zone 1.0 v. 2.0 Highlights of OZ 1.0 Temporary program that was designed to sunset One -time eligibility map with no re -designation process Limited reporting requirements Highlights of OZ 2.0 Permanent program that is now part of federal tax law New eligible census tract maps every 10 years and re - designation is possible Eligibility rules are tighter to focus on truly distressed communities Stronger federal reporting & accountability requirements so policy makers can better measure community outcomes – which was one of the biggest criticisms of OZ 1.0 Economic Innovation Group Report: “Opportunity Zones (OZ) were originally enacted as a one -off tax policy experiment in the 2017 Tax Cuts and Jobs Act (TCJA). Nearly eight years and $100 billion in investment later, the incentive has been made a permanent part of the federal tax code…” https://eig.org/opportunity-zones-2-0-where-things-stand/ Eligible Bremerton OZ 2.0 Tracts Which Bremerton Census Tracts are eligible to apply for OZ 2.0 designation? The Federal government has identified 6 possible tracts (shown at right), and they have determined that these are the areas that in most economic need for this program. Of these eligible areas, the City may apply for designation of the tract(s) that are the most development-ready and meet the three criteria established by Washington State Bremerton’s Federally-Designated Eligible Tracts Location for OZ 2.0 Proposed Designation What is the proposal? Application for OZ 2.0 designation for Census Tract 53035080300 (abbreviated as “803”) Shown at right (also Resolution Exhibit A), this census tract includes the areas covered by the Harrison Heights Subarea Plan, the Eastpark Subarea Plan, and portions of the neighborhoods to the east and south of these areas. Why a Resolution? The Washington State application process requires demonstrated support of the local government. The application process requires City Council authorization, and the Washington State Department of Commerce recommends the passage of a Resolution by the City Council. Before passage of a Resolution, Staff recommends public comment on the proposal. Why This Census Tract? Community Need Test The area contains multiple vacant and re -developable buildings suitable for adaptive reuse, including the 7.5-acre former Harrison Hospital site, indicating strong potential for transformative investment. Market/Investment Readiness Test Active permit applications show projects are ready for capital investment and can advance quickly within Opportunity Zone timelines. Numerous community assets lie within a 10-minute walk of Harrison Heights, making it a highly attractive and well-supported investment location (see Resolution Exhibit C). Policy Alignment Test Following an extensive public outreach process, the City has completed the Harrison Heights Subarea Plan, market study, and Planned Action EIS to streamline permitting and support economic growth. Despite strong potential, reinvestment barriers remain; Opportunity Zone designation would help overcome these challenges and support implementation of adopted City housing goals. Addressing A Common Criticism Criticism: “Opportunity Zones primarily benefit wealthy investors.” Response: The OZ 2.0 designation does not determine outcomes; it provides an additional tool to attract the private investment needed to carry out the community’s adopted vision in a high economic need area. Private investment is required to implement the vision established by the community for housing and job growth in our adopted plans. Growth Vision Established by Community: The City sets local policy for development and growth. All development must follow the City’s Comprehensive Plan and Harrison Heights subarea plan, ensuring alignment with community priorities. These plans were shaped through extensive public outreach, establishing how growth should occur citywide and specifically within this census tract. Application & Designation Timeline •April 6, 2026 the U.S. Treasury released the official list of OZ-eligible census tracts. •April 28, Washington State Department of Commerce opened the State’s nomination application window •May 28, State application window closes. •July 1: The 90-day nomination window opens for Governor Ferguson to submit new Washington Opportunity Zone tracts to the U.S. Treasury •September 28: Initial 90-day nomination window closes, with optional extensions until October 28. •January 1, 2027: New OZs made official by the U.S. Treasury Financial Impact to City Minimal City cost, only staff time to prepare application. No local funding is required. No new tax burden. Significant upside that could leverage private investment in the area. Bottom Line: A relatively small staff effort could unlock significant private capital for projects that implement the established community vision for growth, especially for the Harrison Heights Subarea OZ 2.0 Application Bremerton’s Endorsements Kitsap County Board of Commissioners Kitsap Economic Development Alliance (KEDA) Virginia Mason Franciscan Health Recommended Action This OZ 2.0 designation is not a guarantee of investment; it is an important economic development tool to attract investment to a high-need economic area. The application aligns with implementing the Community’s adopted growth vision in our Comprehensive Plan, the Harrison Heights Subarea Plan, and the designation as a Countywide Growth Center. The designation creates an opportunity to attract private capital. Staff requests endorsement by Council to apply to the State for designation by the Governor. Recommended Motion: Move to adopt Resolution No._____ approving the submission of an application to designate Census Tract 53035080300 as an Opportunity Zone 2.0 area and authorize the Mayor, or their designee, to prepare, execute, and submit all necessary documents and materials required to complete and submit the application. Published for May 20 Council Meeting Item 5A Public Comments From:kim siebens To:City Council; City Clerk; Greg Wheeler; Jeneise Briggs; Legal Subject:Urgent Concerns Regarding Bremerton Opportunity Zone Designation - Please Consider the Voices of Working Residents Date:Sunday, May 17, 2026 5:09:21 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Clerk et al., Hi! I hope you are well. Please include this letter in the upcoming city council meeting agenda packet for 5/20/2026 . Thank you so much! Kimmy Siebens RN Dear Governor Ferguson, I am writing to you as a concerned resident regarding the proposed designation of Harrison Heights in Bremerton as an "Opportunity Zone," which the Bremerton City Council will be considering on May 20th, 2026. I respectfully urge you to look beyond the official narrative and consider the perspectives of the actual people who call Bremerton home—not just the wealthy investors who stand to benefit from these tax incentives. The city is seeking to designate Harrison Heights as an Opportunity Zone—the same area where a homeless shelter project has been delayed under what I and many community members believe are unreasonably burdensome permit requirements. This delay appears to be putting at risk over $1 million in ARPA funds that were designated to help our most vulnerable neighbors. These funds expire at the end of this year and were obligated to the Bremerton Housing Authority to build a hybrid homeless shelter. The Housing Authority has already purchased the land and appears to have invested significant resources in planning and renderings. Through Public Records Requests, community members have been compiling documentation. We have observed what we believe are troubling communications between city council members and the Department of Community Development. We also have video records of council meetings and study sessions where council members have made comments that we found concerning, including statements about the views and monetary value of the land purchased for the homeless shelter. Meanwhile, public comment has been severely limited. Public comment was suspended for approximately 6 months after multiple residents regularly spoke about their concerns that the city was providing incentives to wealthy developers while actual constituents were not benefiting. Initially the city stated that public comment was suspended due to concerns about safety. We submitted a Public Records Request asking for any documentation showing threats, and were informed that no such documents were found. We also discovered in that request a letter from a prominent regional developer. The letter included images of myself and colleagues and requested private security at city meetings, which we believe was in response to our advocacy on behalf of community concerns. Public comment has recently been reinstated in a limited form, giving residents only 90 seconds to voice concerns about a program with far-reaching consequences. While Opportunity Zones are marketed as economic development tools for distressed communities, the reality in Bremerton appears to tell a different story. We already have Opportunity Zone developments like Quincy Square and Marina Square, yet these projects have not, in my observation, produced affordable housing accessible to typical Bremerton residents. We were told these developments would help our community. Similarly, we understood that CDBG funds would benefit marginalized populations, yet they appear to have been used for work on Quincy Square ( that square is now including a fan zone for the upcoming World Cup). The developer discussed affordable housing units at this square, but to my knowledge, none have materialized. Community members have also raised concerns that the Quincy Square project initially used the name of a now deceased Black community member without consultation with the Black community. The developers later apologized to the Black community for this. However, they continue to benefit from their OZ designation and receive tax benefits without, in my view, providing proportionate improvement to our economically disadvantaged neighbors. We appear to be seeing increased displacement of long-term residents and increased homelessness. The average income in our city is approximately $65,000 per year, yet the "affordable" housing being built seems to be priced with different populations in mind. For example, Area Median Income (AMI) calculations are often utilized that include wealthy communities like Seattle and Bainbridge Island. This makes so-called affordable housing unattainable for many of our teachers, nurses, firefighters, and service workers. Many residents feel we are being pushed out to make room for a more affluent demographic. These OZ programs appear to function primarily as tax shelters for wealthy outside investors who receive substantial capital gains tax benefits while our community experiences displacement, rising rents, and a growing homeless population. The developers profit while working families who have lived here for generations struggle to afford to stay. Governor, I respectfully request that you: 1. Investigate how Opportunity Zone designations are impacting actual residents in communities like Bremerton, not just the investors who benefit from tax incentives. 2. Support transparency and meaningful public engagement in these processes, ensuring that working residents have a real voice—not just 90 seconds of public comment. 3. Consider alternative economic development approaches that prioritize community benefit over investor tax advantages. 4. Ensure accountability for developers receiving public benefits, requiring them to deliver genuine affordable housing and community improvements based on local residents' actual income levels. Real families are suffering. Our homeless population is growing and includes women, children, the elderly, and disabled individuals. A shelter that could help them has faced significant bureaucratic obstacles while the same area is being prepared for development that may displace even more people. I note that in the letter Kitsap County Commissioners sent you expressing support for this OZ designation, they wrote (4th paragraph), "The city of Bremerton has also taken the steps necessary to streamline permitting for any forthcoming projects." Yet the Bremerton Housing Authority and its nonprofit partners received correspondence outlining extensive permitting requirements that would be necessary to move forward with the shelter project. This contrast is concerning, particularly as I witness people suffering on our streets. I understand that economic development is important, but it should not come at the expense of the very people these programs claim to help. Opportunity Zone programs are intended to help distressed communities. It appears that economically disadvantaged residents are frequently referenced to justify funding, yet the majority of residents who even earn modest incomes do not appear to benefit proportionately. The residents of Bremerton deserve policies that serve us—not just wealthy investors who profit while our community struggles. I hope you will take the time to look into this matter and consider the voices of everyday Bremerton residents. We are not opposed to progress; we simply want development that actually benefits the people who live here. Thank you for your time and consideration. I would welcome the opportunity to discuss this further or provide additional documentation if that would be helpful. Respectfully, Kimmy Siebens, RN Economic Inequity and Health Task Force Member, Washington Physicians for Social Responsibility http://www.wpsr.org President, Their Voice http://www.their-voice.org Founder, Bremerton Homeless Community Coalition https://www.facebook.com/groups/bremertonhomeless Founding Member, Rock the Block http://www.facebook.com/groups/rocktheblockkitsap/ 2018 Kitsap County Housing and Homelessness Coalition Volunteer of the Year https://www.facebook.com/share/p/1BDbAVzCNx/?mibextid=wwXIfr 2022 Citizen of The Year - Kitsap County Association of Realtors https://www.facebook.com/photo/?fbid=914581119903692&set=pcb. 2023 USA TODAY Woman of the Year Honoree https://www.kitsapsun.com/in-depth/news/2023/03/19/kimmy-siebens-washington- usa-today-women-year/69925589007/ 2026 University of Washington Harborview Medical Center Martin Luther King Jr. Tribute Awardee https://equity.uwmedicine.org/martin-luther-king-jr-tribute/ From:Reama Schuldt To:City Council Subject:Opportunity Zones Date:Monday, May 18, 2026 11:06:16 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello council, Please do not pass the opportunity zone for Harrison Heights. Charleston is begging for the kind of attention from developers that this would bring to an area. We have a community thriving on a limited budget and would benefit from the area becoming an opportunity zone. Also, making Harrison Heights an opportunity zone while in the middle of intense conversations about a shelter coming to that area seems like poor timing. Have you talked with the housing conglomerate? What are their thoughts on their property being included in an an opportunity zone? Having open dialogue with them seems like good leadership. Wishing you wise decision making, Reama Schuldt Published for May 20 Council Meeting Mayor’s Report Item 6 Mayor’s Report –May 20, 2026MAYOR’S REPORT May 20, 2026 Sewer Lift Station CE-4 remodel The City of Bremerton Facilities Division recently refreshed the restrooms located at the end of 2nd Street next to the Sewer Lift Station CE-4. The week-long project included the installation of new partitions, sinks, heaters, and dispensers in both restrooms. This improvement supports the City’s ongoing efforts to enhance cleanliness, improve public facilities, and make Bremerton a great place to live and visit. Before After Before After Bremerton Police Department Receives Reaccreditation •Bremerton Police Department (BPD) received reaccreditation on May 13, 2026, reaffirming that the department operates in accordance with recognized best practices and professional standards for law enforcement. •Certification is awarded for a four-year period, after which agencies begin a reaccreditation process to maintain certification. •This marks the fourth time BPD has earned reaccreditation since first receiving accreditation in 2014 –and represents years of meticulous work, collaboration, and continuous improvement. As part of the recertification, BPD underwent a comprehensive on-site assessment, including an assessor that reviewed departmental procedures and operational practices and conducted interviews with officers and staff. •Washington’s accreditation program is administered by the Washington Association of Sheriffs and Police Chiefs (WASPC) and evaluates agencies against 144 standards across 19 major areas of law enforcement operations. •Only about 25 percent achieve the rigorous standards of WASPC accreditation. Certification assures the public that BPD is operating with transparency, accountability, and efficiency. City Staff Wins Gold, Silver Medals in Equipment Road-eo City of Bremerton operations staff participated in the American Public Works Association Equipment Road-eo. Our team won 3 Gold Medals and 2 Silver Medals. •Event was held at the Kitsap County Fairgrounds on May 20, 2026, as part of Public Works week. •Nick Allpress, Josh Fredrickson, Kaden Hurst, Anthony Hough, Tim Gilmer and Logan Roessel represented the Streets Department. •Josh Fredrickson won the Gold Medal for the Loader course. Josh also took the Silver Medal in the Mini Excavator and Skid Steer. Josh placed second overall for the entire event. •Nick Allpress took the Gold Medal in Skid Steer course. •Logan Roessel took the Gold Medal in the Mini Excavator course. •Other municipalities included Kitsap County, which hosted the event. Cities of Port Orchard and Poulsbo also participated. Neon Whale Tail Unveiling Celebration in Quincy Square –May 20, 2026 Wayzgoose Kitsap Returning to Sheridan Park Community Center Save the Date –June 6, 2026 •The 9th Annual Wayzgoose Kitsap Steamroller Printmaking Community Art Festival event is scheduled from 9 am to 6 pm, June 6, 2026 at the Sheridan Park Community Center •Event is free and for all-ages •Enjoy steamroller printmaking demonstrations, live music, hands-on art activities, local artist talks, food vendors, family activities, and an indoor art market featuring local artists and creators •As the host location, the City of Bremerton is excited to be a part of this amazing community event •For more on this year’s Wayzgoose Kitsap, visit www.wayzgoosekitsap.com Published for May 20 Council Meeting Council Reports Item 7 Council District Updates May 20, 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 City Council District 6 (no slides) 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 City Council District 5 (no slides) 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 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 7 May 7th –October 8th 8 May 12, 2026 May 16, 2026 May 16, 2026 11 12 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 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 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