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HomeMy WebLinkAbout5400 Contract Number: 5400 Vendor: BERK & ASSOCIATES, INC Subject: PSA - West Bremerton Urban Growth Area Annexation Analysis Department: DCD File Class: GS50-01-11 Rev. 3 General Begin Date: 7/18/2014 End Date: Review Date: 7/1/2016 Vault Date: Comments: Amendment #1 9/21/15 WEST BREMERTON URBAN GROWTH AREA ANNEXATION ANALYSIS Amendment 1 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT(the "Contract") entered into between the City of Bremerton and BERK&Associates, Inc. on July 18,2014. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. AMEND Scope of work (EXHIBIT A) to ADD and INCLUDE: Task 1. Calculate Comparative Tax Burden BERK will collect information on taxes and fees in the urban growth areas (UGA) of Gorst, West Hills, Navy Yard City, and Rocky Point, and taxes and fees in the City of Bremerton. We will then develop a comparative analysis of fiscal impacts on UGA residents by jurisdiction. This analysis will be completed for an average household, based on the following taxes and fees: • Property taxes (including EMS levy) • Utility taxes • Cable TV Franchise Fees • Surface Water fees • Water and sewer charges . • Solid waste collection charges We will not gather and present information on taxes and fees that would not change upon annexation, (e.g. school district taxes). i� ' •� � � � � . . . �, . :?•. .., Task 2. Determine Comparative Level of Serv.ice�. � �; ,.�� : �� . .. ,� � � � . � . . ; BERK will collect information on current service providers in UGAs. We will then summarize current levels of service provided in the City and UGAs for the following services: ' �, . � . . • Law enforcement • Fire and Emergency Medical Services • Roads • Parks and recreation • Utilities (water, sewer, stormwater) Task 2. Develop a Handout BERK will develop 1- or 2-page (front and back) governance handouts for each of the four urban growth areas.These handouts will present the analyses in Task 1 and Task 2 and explain how residents'finances and levels of service could change with annexation to the City of Bremerton. Each handout will include a map of what the city boundary would look like upon annexing UGAs. BERK will collaborate with the City on developing the language for the handouts. Amendment 1—West Bremerton Urban Growth Area Annexation Analysis 1 AMEND BUDGET (EXHIBIT C) TO IIVCLUDE THESE ADDED TASKS:�� The budget for these tasks is not to exceed $9,700. � � � Task 1.Calculate tax burden 4 12 $2,200 Task 2. Determine Comparative Level of Service 4 20 $3,200 Task 3. Develop handout 6 26 $4,300 Total hours 14 58 Total ConsultantCost $2,450 $7,250 $9,700 Note: Original contract budget: $15,250.00 This Amendment 1 $9,700.00 Total contract not to exceed $24,950.00 CITY BREMERTO CON U ANT By: . S By: its: � �VE��,�IEI�T its: QV1(��11[Y� Date: -/ 2 / � Date:T��`ZO�S Amendment 1—West Bremerton Urban Growth Area Annexation Analysis 2 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date Vault Date: 5400 BERK & ASSOCIATES, INC PSA - West Bremerton Urban Growth Area Annexation Analysis DCD LEG 12-1 7/18/2014 10/31/2014 11/1/2014 2015 Comments : :� PROFESSIONAL SERVICES AGREEMENT WEST BREMERTON URBAN GROWTI3 AREA ANNEXATION ANALYSIS BERK & Associates, Inc. The City of Bremerton ("City") and BERK & Associates, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 30, 2014, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. T'he Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $15,250.00 (Fifteen Thousand Two Hundred Fifty Dollars). Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its Bremerton/BERK & Associates West Bremerton UGA Annexation Analysis Page ] of 11 field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemni�ication: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Anv Other Professional Listed In and Performing Services Defined in RCW 42.24.115: Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Ageement. Bremerton/BERK & Associates West Bremerton iJGA Annexation Analvsis Page 2 of 11 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an"occunence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and 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 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/BERK & Associates West Bremerton UGA Annexation Analysis Page 3 of 11 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Ageement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire A�reement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. Bremerton/BERK & Associates West Bremerton UGA Annexation Analvsis Page 4 of 11 G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Citv Address City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 Consultant Address BERK & Associates, Inc. 2025 First Avenue, Suite 800 Seattle, WA 98121 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorne�s' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employrnent or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Terminataon: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Bremerton/BERK & Associates West Bremerton UGA Annexation Analvsis Page 5 of 11 Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Ageement. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Unon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Bremerton Bremerton/BERK & Associates West Bremerton UGA Annexation Analvsis Page 6 of 1 l Approved as to form: CONSULTANT :�11 BERK n/IEI�IORA�DUM DATE: May 30, 2014 TO: Andrea Spencer, Director of Community Development, City of Bremerton FROM: Emmy McConnell and Michael Hodgins, BERK RE: DRAFT Scope of Work for West Bremerton UGA Annexation Fiscal Analysis EXHIBIT A The City of Bremerton is considering annexation of multiple potential annexation areas (PAAs) within its associated Urban Growth Areas (UGAs), including the Gorst UGA and the Rocky Point and Navy Yard City areas within the West Bremerton UGA. BERK has previously completed a fiscal analysis of the impacts of annexation of the Gorst UGA. The City has requested consultant assistance in assessing the fiscal implications of annexing Rocky Point and Navy Yard City. This memorandum outlines an approach to the requested analysis and includes a cost estimate by task. BERK has conducted numerous annexation and incorporation studies for cities and counties throughout Washington and are confident that we can provide efficient and valuable analysis to assist decision-makers considering annexation and other governance changes. In addition, our recent work on the Kitsap County UGA Remand process in 2012, the Gorst Subarea Plan, and the Gorst Annexation Analysis will provide valuable inputs for the analysis and allow us to leverage this work to complete further annexation analysis efFiciently and effectively. Approach For this study, BERK's efforts will be focused on understanding all of the short-term incremental impacts of annexation, as well as the significant fiscal impacts of annexation that will be realized over the long-term. These main elements include: � Updating the previous annexation analysis conducted for the Gorst UGA to most recent available budget and development information to understand the City's current fiscal situation. • Reviewing, analyzing, and modeling the short-term incremental impact annexation of the PAAs will likely have on City revenues, costs, and staffing. Assessing longer-term fiscal issues and capital improvement needs related to annexation of the PAAs in a more qualitative way, with the intention of identifying long-term risks, opportunities, and uncertainties the City of Bremerton will need to consider. The study will be divided into six different tasks, which are outlined below. Task 1: Update City of Bremerton Baseline Information As part of the Gorst Annexation Analysis, BERK conducted a baseline fiscal situation analysis for the City of Bremerton. A key step in the new annexation study will be to update the financial and development information used in that fiscal analysis to the most recent information Bremerton/BERK & Associatcs West Bremerton UGA Annexation Analvsis Page 7 of 11 available. This update will ensure that the incremental impacts of annexation are being analyzed compared to the City's current situation, as cost and revenue levels may have changed in the past year. This task will require collecting updated budget information from the City of Bremerton, as well as collection of housing, employment, and population data from available sources. BERK will work with the City's finance department to ensure that the City's baseline financial situation is accurately captured by the analysis. Task 2: UGA Data Gathering and Land Base Analysis In Task 3 below, BERK will build a dynamic model of the City cost and revenue structure under different annexation scenarios. This model and analysis will be based on the updated data collected in Task 1, and a solid understanding of the City's fiscal structure. Revenues and costs in the model are driven by the current distribution of land uses and development in the City and the PAAs. This task will include an analysis of current land use in the Rocky Point and Navy Yard City PAAs and creation of reasonable development assumptions to understand longer-term impacts. BERK will leverage the work completed in the Gorst Subarea Plan and the Gorst Annexation Analysis to incorporate existing land use and development assumptions for the City of Bremerton and the Gorst UGA. Task 3: Analyze Operating Fiscal Impacts of Annexation In Task 3, BERK will analyze the operating fiscal impacts of annexation on the City of Bremerton from annexation of the three PAAs. Impacts will be considered for each individual PAA, as well as for the three PAAs in aggregate. The analysis will focus in detail on the short-term impacts, and will highlight significant areas of potential long-term impact for the City's consideration. Specifically, the analysis will evaluate impacts for the following urban services: • Fire Service • Police Service • Emergency Medical Service • Transportation • Utilities, including power and telecommunications, which includes broadband where available • Stormwater • Potable water • Sewer • Solid Waste • Park and Recreation Facilities Model Building and Fiscal Impact Analysis BERK will use our firm's proprietary municipal fiscal model to analyze the City of Bremerton's current operating fiscal structure and the potential fiscal impact of annexation. This model will estimate operating costs and revenues associated with annexation of each individual PAA, as well as the combined impacts of the three PAAs in aggregate. Impacts from the Gorst UGA will Bremerton/BERK & Associates West Bremerton UGA Annexation Analvsis Page 8 of 11 be pulled forward from the recently completed Gorst UGA analysis, with updates as appropriate. The advantage of the BERK annexation model is that it uses factors in the land base (such as population, employment, commercial activity, and levels of development/redevelopment) to drive both demand for services and the tax base. This dynamic approach allows the flexibility to look at PAAs individually and in aggregate, and provides the level of detail needed to see how the aggregate impacts of annexing all three PAAs would differ from simply combining the impacts of each PAA's individual incremental impact. Upon completing a draft build of the model and conducting phone calls with the heads of impacted City departments, we will schedule a meeting with the City project manager and finance staff to walk through the draft modeling results, examine preliminary findings, and discuss and refine key assumptions and relationships. The goal of this discussion will be to get City staff confident that the model describes current City operations and likely annexation impacts in a way that fits with the reality they know. Once the fiscal model and assumptions are finalized, BERK will develop a series of inetrics (e.g. costs and revenue per capita) to demonstrate how the PAAs compare to the City of Bremerton as a whole and how serving the areas would impact the City fiscally in the short-term. This suite of inetrics will be incorporated in the technical memo and the presentation to City Council to assist decision-makers in understanding the fiscal impacts of annexation. The analysis of long- term implications will not include detailed fiscal projections and quantified impacts. The findings will instead be an identification of future risks and opportunities for the major public services. Task 4: Assess Capital Impacts of Annexation This task will involve a review of capital infrastructure needs developed for the Kitsap County UGA Remand process in 2012, the Gorst Subarea Plan, and the City of Bremerton and Kitsap County's adopted capital and transportation improvement plans. BERK will supplement the review of these documents with phone interviews with key departments to identify any new information that may not be included in completed planning documents. BERK will work with the City to review the draft assessment of capital impacts, and will identify areas of concern or adjustments that may be necessary under an annexation scenario. The analysis of long-term implications will not include detailed fiscal projections and quantified impacts. The findings will instead be an identification of future risks and opportunities for the major public services from a capital needs perspectives. Task 5: Draft and Final Technical Memorandum Upon conclusion of the analysis, BERK will develop a draft and final summary of findings. This technical memorandum will briefly discuss the methods and approach, but it will focus primarily on key findings to support policydiscussions. Task 6: Presentation to City Council BERK will develop a version of the final technical memorandum in PowerPoint format that summarizes the key findings of the analysis and provides a brief overview of contextual information, such as the study background and methodology. BERK will attend a Bremerton City Council meeting or work session and present the study findings to the Council. Bremerton/BERK & Associates West Bremerton UGA Annexation Analvsis Page 9 of 11 ��:�:����Y� Schedule The schedule for the annexation analysis will begin in mid- July, 2014 and end by October, 2014. BERK staff are available and able to begin analysis once data and inputs from the City are made available. Bremerton/BERK & Associates West Bremerton UGA Annexation Analysis Page 10 of 11 � EXHIBIT C Budget This project will be billed on a time and materials basis with the total budget for this scope of work not to exceed $15,250. The estimated distribution of effort is outlined in the exhibit below. � Principal Senior Associat 2013 Hourly Rate $250 $140 Total Hours and Assoaate Estimated Cost 15 Task 1:Update City of Bremerton Baseline Information Subtotal 0 4 4 8 $1,020 Task 2: UGA Data Gathering and Land Use Analysis Subtotal 0 4 16 20 $2,400 Task 3: Analyze Operating Fiscal Impacts of Annexation Subtotal 2 28 15 45 $6,145 Task 4: Assess Capital Impacts of Annexation Subtotal 2 5 5 12 $1,775 Task 5: Draft and Final Technical Memorandum Subtotal 0 8 8 16 $ 2,040 Task 6: Presentation to City Council Subtotal 0 8 4 12 $1,580 Total Estimated Hours 4 57 52 113 Cost (Hours*Rate) $1,000 $7,980 $5,980 $14,960 Subtotal Consultant Cost $14,960 Project Expenses @"2% of project budget $290 Estimated Pro'ect Total $15,250 Hopefully the approach and cost estimate outlined in this memo will assist you in planning for analysis of annexation. Please contact us if you have any questions. We look forward to discussing this analysis with you further. Sincerely, Emmy McConnell, Senior Associate Bremerton/BERK & Associates West Bremerton UGA Annexation Analysis Page 11 of 11 Li on '4R�© CERTIFICATE OF LIABILITY INSURANCE DATE 9/16/2014 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NancyBlackwell NAME: McDonald Insurance Group, Inc. IaONN Ext): (425)827-7400 FAX NoI: (425)827-7402 PO Box 3089 E-MAIL ADDRESS:nancy@mcdonaldins.com 620 Kirkland Way, Ste 100 INSURER(S)AFFORDING COVERAGE NAIC# Kirkland WA 98083-3089 INsuRERA:National Fire Insurance Co 2047 INSURED INSURER B:COntinental Casualty Company BERK Consulting, Inc. INSURERc:Underwriters at Lloyds, London 15792 2025 First Ave. Suite 800 INSURER D: tf 1 v INSURER E: � Seattle WA 98121 INSURER F: ���jjj -. COVERAGES CERTIFICATE NUMBER:14/15 - GL/AL/SG/UMB/PROF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ' TO X COMMERCIAL GENERAL LIABILITY PRS l RENTED PREEMIMI ESES(Ea occurrence) $ 300,000 A CLAIMS-MADE n OCCUR 4017749887 9/18/2014 9/18/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY[ P c2 Ti LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 • A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 4017749887 9/18/2014 9/18/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 4017751039 9/18/2014 9/18/2015 $ A X?KXO O Q Sy 001: I WC STATU- I x 10TH- Vili(EMPLOYERS'LIABILITY Y/N TORY I IMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E .EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 9/18/2014 9/18/2015 4017749887 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under STOP GAP - WASHINGTON DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 C PROFESSIONAL LIABILITY w16985140101 9/18/2014 9/18/2015 EACH CLAIM $2,000,000 DEDUCTIBLE $10,000. Retro Date 09/18/2009 AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: West Bremerton UGA Annexation Fiscal Analysis City of Bremerton is primary and non-contributory additional insured for general liability as required by written contract per form SB-146932-E attached. RECEIVED CERTIFICATE HOLDER SEP 18 c:0',4 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE F McAllister, Jr./KAT ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD ��� SB-146932-E (Ed.06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained in insurance, but only with respect to 'bodily injury" or Subparagraphs d.or f.;or 'property damage'arising out of'your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. 'Bodily injury* or'property damage°for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2.does not apply if'bodily injury° or product made intentionally by the vendor; 'property damage° included within the 'products- completed operations hazard' is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, 2. MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy;and operations,except such operations performed 2. Executed prior to the 'bodily injury,' 'property at the vendor's premises in connection with damage°or'personal and advertising injury,'but the sale of the product; Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor;or h. 'Bodily Injury' or 'property damage° arising a. Additional Insured—Your Work out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed.06/11) %x SB-146932-E (Ed. 06/11) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," °property damage" or °personal and which is the subject of the written contract or advertising injury° arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a Insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the additional insured are those specified in (1) Their financial control of you;or the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9.of the definition of°insured d. Managers or Lessors of Premises contract" under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury° or °property damage" maintenance or use of that specific part of the arising out of the 'products-completed premises leased to you and subject to the operations hazard"unless required by the following additional exclusions: written contract or written agreement. (3) The insurance provided to the additional This Insurance does not apply to: insured does not apply to °bodily injury,' (1) Any °occurrence'which takes place after S °property damage,' or °personal and you cease to be a tenant in that premises; g advertising injury° arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee,Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only i3 (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the El state or political subdivision has issued a ownership, maintenance,or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. Owners/Other Interests–Land is Leased — cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land SPECOMI hoistaway openings, sidewalk vaults, has been leased by you but only with respect . street banners, or decorations and to liability arising out of the ownership, — similar exposures;or maintenance or use of that specific part of the land leased to you and subject to the following (b) The construction, erection, or additional exclusions: removal of elevators;or . (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence' which takes place behalf for which the stale or political after you cease to lease that land;or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed.06/11) ��� SB-146932-E (Ed.06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such k. Damage To Pro e additional insured. gP rtY g. Co-owner of Insured Premises °Property damage°to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, Including lease equipment.Such person or organization prevention of injury to a person or are insureds only with respect to their liability damage to another's property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the 'property damage° such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any °occurrence° which takes place performing operations,if the°property after the equipment lease expires;or damage° arises out of those (2) To °bodily injury,° 'property damage' or operations;or °personal and advertising injury° arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because °your work° was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b.through h. above Paragraph 2 of this exclusion does not does not apply to 'bodily injury° or "property apply if the premises are °your work' and damage' included within the °products-completed were never occupied, rented or held for operations hazard.' rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to 'property damage' (other CONDITIONS: than damage by fire or explosion) to premises: H. Other Insurance (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner,or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and A separate limit of insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and A. Under B. Exclusions, 1. Applicable to Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed.06/11) r SB-1 46932-E C`'`am (Ed. 06/11) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to property damage" included in (4) Any °executive officer" or insurance the "products-completed operations manager,if you or an additional insured is hazard." a corporation; B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last (5) Any trustee, if you or an additional paragraph of 2. Exclusions is deleted and Insured is a trust;or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c,d,e,f,g,h,1, k,I,m,n,and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury' is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. 0 for damages because of "property damage" 8. Expanded Personal and Advertising Injury is to any one premises,while rented to you, or Definition 0 temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F.Liability such premises rented to you for a period of 7 and Medical Expenses Definitions,item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or 0 against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. 6. Broad Knowledge of Occurrence a. The insured;or -® b. Any 'executive officer,' director, The following items are added to ' E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured;and Form: "® e. Paragraphs a, and b. apply to or to any2. Not directly or indirectly related to the PP Y you employment, prospective employment, additional insured only when such past employment or termination of °occurrence,°offense, claim or°suit° is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions,Section individual; B.: SB-1 46932-E Page 4 of 5 (Ed.06/11) CNA 5B-146932-E �/ (Ed.06/11) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub lease or prospective sale, rental, Section F. Liability and Medical Expenses lease or sub lease of any room, dwelling Definitions, item 14, Personal Advertising injury, or premises by or at the direction of any Paragraph c.is replaced by the following: insured. (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of its owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932-E Page 5 of 5 (Ed.06/11) McDonald Insurance Group, Inc. P.O Box 3089 Kirkland, WA 98033 Applicable to ACORD 25-Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s)unless an endorsement is attached specifying these coverages.This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s).All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract.. Applicable to ACORD 25,27,28,and 24 This certificate is the"latest"ACORD 25 (May,2010)Certificate of Liability Insurance,or ACORD 27(December,2009)Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24(September 2009)Certificate of Property Insurance . In order to issue certificates from our agency,these revisions listed above must be used. If you previously received an ACORD 25,27,28 or 24 with an earlier revision date, there are notable changes between the forms.Please note the following significant characteristics of the new ACORD forms. • The cancellation clause refers back to the policy terms. • Cancellation notice from the insurance carrier is provided to the first named insured.That right is not available to certificate holders. The ACORD form is copyrighted.Permission to alter it is not available. •: As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates.Carriers do not authorize us to include special language or alter the form even without the copyright concerns.The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. ■al■ EDEN McDonald Insurance Group,Inc—Po Box 3089 Kirkland,WA 98083 yC� C�© DATE(MM/DD/YYYY) A CO CERTIFICATE OF LIABILITY INSURANCE 9/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONT PRODUCER NAMEACT Nancy Blackwell McDonald Insurance Group, Inc. PHONE.Eat): (425)827-7400 FAX (A/C,No): (425)827-7402 IAIC.No PO Box 3089 E-MAIL nanc @mcdonaldins.com ADDRESS: y 620 Kirkland Way, Ste 100 INSURER(S)AFFORDINGCOVERAGE NAIC# Kirkland WA 98083-3089 INsuRERA:Valley Forge Insurance Co 20508 INSURED INSURER B:Continental Casualty Company 20443 BERK Consulting, Inc INSURER C:Underwriters at Lloyd's, London 15792 2025 First Ave. Suite 800 INSURER D: INSURER E: Seattle WA 98121 INSURERF: COVERAGES CERTIFICATE NUMBER:2016-17 GL/AL/SG/Umb/PROF REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYYI IMMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 000 PREMISES(Ea occurrence) $ _ 4017749887 9/18/2016 9/18/2017 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JET LOC 4,000,000 PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 4017749887 9/18/20169/18/2017 BODILY INJURY(Perid $ AUTOS AUTOS accident) X HIRED AUTOS X N -OWNED PROPERTY DAMAGE AUTOS (Per accident) _ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000, DED X RETENTION$ 10,000 4017751039 9/18/2016 9/18/2017 $ MOM XaQ PER OTH- STATUTE X H ER XIn.(EMPLOYERS'LIABILITY Y IN ANY PROPRIETORJPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A A (Mandatory in NH) 401774 9887 9/18/2016 9/18/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,00c If yes,describe under DESCRIPTION OF OPERATIONS below WA STOP GAP - WASHINGTON E.L.DISEASE-POLICY LIMIT $ 2,000,000 C PROFESSIONAL LIABILITY W16985160301 9/18/2016 9/18/2017 EACH CLAIM: $2,000,000 $10,000 DEDUCTIBLE Retro Date: 09/18/2009 AGGREGATE: $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: West Bremerton UGA Annexation Fiscal Analysis. City of Bremerton is primary and non-contributory additional insured by written contract per SB146932E attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street Suite 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE F McAllister, Jr./HHC ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(num) CNA SB-146932-E (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS own acts or omission or those of its employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization (referred apply to: to below as vendor) with whom you agreed, because of a written contract or agreement to provide (1) The exceptions contained in insurance, but only with respect to "bodily injury" or Subparagraphs d. or f.; or "property damage" arising out of"your products"which (2) Such inspections, adjustments, tests or are distributed or sold in the regular course of the servicing as the vendor has agreed to vendor's business, subject to the following additional make or normally undertakes to make in exclusions: the usual course of business, in 1. The insurance afforded the vendor does not apply connection with the distribution or sale of to: the products. a. "Bodily injury" or "property damage" for which 2. This insurance does not apply to any insured the vendor is obligated to pay damages by person or organization, from whom you have reason of the assumption of liability in a acquired such products, or any ingredient, part or contract or agreement. This exclusion does container, entering into, accompanying or not apply to liability for damages that the containing such products. vendor would have in the absence of the 3. This provision 2. does not apply to any vendor contract or agreement; included as an insured by an endorsement issued b. Any express warranty unauthorized by you; by us and made a part of this Policy. c. Any physical or chemical change in the 4. This provision 2.does not apply if"bodily injury" or product made intentionally by the vendor; "property damage" included within the "products- completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. 70 for the purpose of inspection, demonstration, 00 testing, or the substitution of parts under 2. MISCELLANEOUS ADDITIONAL INSUREDS 7. instructions from the manufacturer, and then WHO IS AN INSURED is amended to include as an repackaged in the original container; insured any person or organization (called additional e. Any failure to make such inspections, insured) described in paragraphs 2.a. through 2.h. adjustments, tests or servicing as the vendor below whom you are required to add as an additional has agreed to make or normally undertakes to insured on this policy under a written contract or make in the usual course of business, in agreement but the written contract or agreement must connection with the distribution or sale of the be: products; 1. Currently in effect or becoming effective during the f. Demonstration, installation, servicing or repair term of this policy; and operations, except such operations performed 2. Executed prior to the "bodily injury," "property at the vendor's premises in connection with damage"or"personal and advertising injury," but the sale of the product; Only the following persons or organizations are g. Products which, after distribution or sale by additional insureds under this endorsement and you, have been labeled or relabeled or used coverage provided to such additional insureds is as a container, part or ingredient of any other limited as provided herein: thing or substance by or for the vendor; or = a. Additional Insured—Your Work h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its That person or organization for whom you do work is an additional insured solely for liability SB-146932-E Page 1 of 5 (Ed. 06/11) -146932-E CNA S (Ed. 061 ) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the additional insured injury," "property damage" or "personal and which is the subject of the written contract or advertising injury" arising out of operations written agreement. No coverage applies to performed for the state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional insured. The insurance provided to the additional Any persons or organizations with a insured is limited as follows: controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the (1) Their financial control of you; or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or in the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not in addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations. alterations, new construction and demolition operations performed by or for such additional (2) The coverage provided to the additional insured. insured by this endorsement and paragraph F.9. of the definition of"insured d. Managers or Lessors of Premises contract" under Liability and Medical A manager or lessor of premises but only with Expenses Definitions do not apply to respect to liability arising out of the ownership, "bodily injury" or "properly damage" maintenance or use of that specific part of the arising out of the "products-completed premises leased to you and subject to the operations hazard" unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The insurance provided to the additional insured does not apply to "bodily injury," (1) Any "occurrence" which takes place after "property damage," or "personal and you cease to be a tenant in that premises; advertising injury" arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional insured. A state or political subdivision subject to the e. Mortgagee,Assignee or Receiver following provisions: A mortgagee, assignee or receiver but only (1) This insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, f. Owners/Other Interests—Land is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other interest from whom land hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the (b) The construction, erection, or land leased to you and subject to the following additional exclusions: removal of elevators; or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence" which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB-146932-E Page 2 of 5 (Ed. 06/11) CNA SB 146932 E (Ed. 06/11) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property g. Co-owner of Insured Premises "Property damage"to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention of injury to a person or damage to another's property; are insureds only with respect to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage" or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and damage" included within the "products-completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented To You as 4. LEGAL LIABILITY—DAMAGE TO PREMISES described in Section D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB-146932-E Page 3 of 5 (Ed. 06/11) -146932-E CNA S (Ed. 061 ) Paragraphs 3, 4, 5, and 6 of this (2) Any partner, if you or an additional exclusion do not apply to liability insured is a partnership; assumed under a sidetrack agreement. (3) Any manager, if you or an additional Paragraph 6 of this exclusion does not insured is a limited liability company; apply to "property damage" included in (4) Any "executive officer" or insurance the "products completed operations manager, if you or an additional insured is hazard. a corporation; B. Under B. Exclusions, 1. Applicable to (5) Any trustee, if you or an additional Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and insured is a trust; or replaced by the following: (6) Any elected or appointed official, if you or Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, an additional insured is a political do not apply to damage by fire to premises subdivision or public entity. while rented to you or temporarily occupied by This paragraph e. applies separately to you you with permission of the owner or to the and any additional insured. contents of premises rented to you for a period of 7 or fewer consecutive days. A 7. Bodily Injury separate limit of insurance applies to this Section F. Liability and Medical Expenses coverage as described in Section D. Liability Definitions, item 3. "Bodily Injury" is deleted and And Medical Expenses Limits Of replaced with the following: Insurance. "Bodily injury" means bodily injury, sickness or C. The first Paragraph under item 5. Damage To disease sustained by a person, including death, Premises Rented To You Limit of Section humiliation, shock, mental anguish or mental D. Liability And Medical Expenses Limits injury by that person at any time which results as Of Insurance is replaced by the following: a consequence of the bodily injury, sickness or The most we will pay under Business Liability disease. for damages because of "property damage" 8. Expanded Personal and Advertising Injury to any one premises, while rented to you, or Definition temporarily occupied by you, with the permission of the owner, including contents of a. The following is added to Section F. Liability such premises rented to you for a period of 7 and Medical Expenses Definitions, item 14. or fewer consecutive days, is the Damage to Personal and Advertising Injury, in the Premises Rented to You limit shown in the Businessowners General Liability Declaration. Coverage Form: 5. Blanket Waiver of Subrogation h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural We waive any right of recovery we may have person, but only if such discrimination or against: humiliation is: a. Any person or organization with whom you 1. Not done intentionally by or at the have a written contract that requires such a direction of: waiver. a. The insured; or 6. Broad Knowledge of Occurrence b. Any "executive officer," director, The following items are added to E. stockholder, partner, member or Businessowners General Liability Conditions manager (if you are a limited liability in the Businessowners Liability Coverage company)of the insured; and Form: 2. Not directly or indirectly related to the e. Paragraphs a. and b. apply to you or to any employment, prospective employment, additional insured only when such past employment or termination of "occurrence," offense, claim or"suit" is known employment of any person or person by to: any insured. (1) You or any additional insured that is an b. The following is added to Exclusions, Section individual; B.: SB-146932-E Page 4 of 5 (Ed. 06/11) • 932-E CNA S (Ed.606/1 ) (15)Discrimination Relating to Room, Personal and Advertising Injury Liability is Dwelling or Premises excluded either by the provisions of the Policy Caused by discrimination directly or or by endorsement. indirectly related to the sale, rental, lease 9. Personal and Advertising Injury Re-defined or sub-lease or prospective sale, rental, lease or sub lease of any room, dwelling Section F. Liability and Medical Expenses or premises by or at the direction of any Definitions, item 14, Personal Advertising Injury, insured. Paragraph c. is replaced by the following: (16)Fines or Penalties c. The wrongful eviction from, wrongful entry into, or invasion of the right of private Fines or penalties levied or imposed by a occupancy of a room dwelling or premises governmental entity because of that a person or organization occupies discrimination. committed by or on behalf of it's owner, c. This provision (Expanded Personal and landlord or lessor. Advertising Injury) does not apply if SB-146932-E Page 5 of 5 (Ed. 06/11) McDonald Insurance Group, Inc. P.O Box 3089 Kirkland, WA 98033 Applicable to ACORD 25-Certificate of Liability This certificate of liability insurance does not necessarily imply that primary coverage or other additional insured requirements are provided for the additional insured(s)unless an endorsement is attached specifying these coverages. This certificate does not necessarily comply with all contract requirements between the named insured and the additional insured(s). All involved parties should have their attorney review the policy for actual coverage and compliance with their written agreement or contract. Applicable to ACORD 25, 27, 28, and 24 This certificate is the "latest"ACORD 25 (January 2014) Certificate of Liability Insurance, or ACORD 27 (December, 2009) Evidence of Property Insurance or ACORD 28 (December 2009) Evidence of Commercial Property Insurance or ACORD 24 (September 2009) Certificate of Property Insurance . In order to issue certificates from our agency, these revisions listed above must be used. If you previously received an ACORD 25, 27, 28 or 24 with an earlier revision date, there are notable changes between the forms. Please note the following significant characteristics of the new ACORD forms. ❖ The cancellation clause refers back to the policy terms. ❖ The ACORD form is copyrighted. Permission to alter it is not available. ❖ As Insurance Agents we receive authority from the insurance carriers that we represent to issue certificates. Carriers do not authorize us to include special language or alter the form even without the copyright concerns. The carriers also do not authorize us to complete special coverage forms provided by the certificate holder. McDonald Insurance Group, Inc—Po Box 3089 Kirkland,WA 98083