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HomeMy WebLinkAbout5593 � ������ ��3 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 8, 2016 Agreement with BERK Consulting, Inc. COUNCIL MEETING Date: June 15, 2016 for a Parking Study Department: Financial Services Presenter: Cathy Johnson . Phone: (360)473-5296 SUMMARY: Four consultants were invited to make a presentation to a committee of staff and one Council member to present their suggested approach to assess the current condition of the parking system, identify future needs and make recommendations for strategies to address demand and financing of the system. Three companies participated in the presentations and BERK Consulting was selected as the firm to negotiate a contract and scope of work with. The project is scheduled to begin in July 2016 and conclude in February 2017 with a final report. As part of the project a stakeholder advisory group will be formed to identify key parking issues and review project data, findings and recommendations. ATTACHMENTS: Contract with BERK Consulting, Inc. with Exhibits A, B, and C FISCAL IMPACTS (Include Budgeted Amount): The full cost of the study, including optional tasks, has been budgeted in the Parking System Revenue fund. STUDY SESSION AGENDA: 0 No Presentation � Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BERK Consulting, Inc.; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: �Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Parking Study The City of Bremerton ("City") and BERK Consulting ("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 18, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for optional additional services such services shall only be perfonned 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. II1. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $1 11,960. 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 confonning billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelcrate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor ratcs 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 1 and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. ' If a billing statement does not confonn 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. Bremerton/Berk Consulting Parking Study xev o2-�6 Page 1 of 7 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 tield 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 benetits 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 perfiormance 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 perforn� its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business&Occupation, State professional licensing, and City business licensing. If� any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its offiicers, officials, employees, agents and volunteers hannless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnitication. B. Architects, En�ineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.1 15, 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 liaUility hereunder shall be only to the extent of the Consultant's negligence. IT 1S FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE Bremerton/Berk Consulting Parking Study Rev 02-t 6 Page 2 of 7 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be � limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability�insurance with limits not less than 1,000,000 limit per occurrence and aggregate. . � 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. 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 Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/Berk Consulting Parking Study Rev 02-16 Page 3 of 7 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 certitied mail,return receipt requested to City of Bremerton,attn: Risk Management,345 6`h 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. VII. General Conditions: A. Re�orts 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 Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and tiles created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. C:onsultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property.of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�raphs and Ima e�s. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/Berk Consulting Parking Study Rev o2-�6 Page4oti7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perfonn the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope ofi Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and cffect. H. Modifiication: This Agreement may only be moditied by written instrument signed by both Parties. 1. 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 sufticiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Cathy Johnson Jeffi Arango Director of Financial Services Project Manager 345 6`" Street, Suite 600 2025 First Avenue, Suite 800 Bremerton, WA 98337 Seattle, WA 98121 J. Waiver: Failurc to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure ofthe 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 shal I not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Berk Consulting Parking Study Rev 02-16 Page 5 of 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assi n� Any assignment of t11is agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately tenninated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work cunent through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Dela� 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, tloods, 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 �vriting, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri h�ts Upon Tennination: 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 submittcd to the City. After tcrmination, 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 ' Bremerton/Berk Consulting Parking Study Rev 02-16 Page 6 of 7 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 certities, 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 Fcderal departmcnt 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. CITY OF BREMERTON BERK CONSULTING � `' By: P Lent By: its: Mayor its: � Date: 0,6 23 � Date: Approved as to form: ttest: . � Bremerton City o ey City Clerk Bremerton/Berk Consulting Parking Study Rev o2-16 Page 7 of 7 ��IV9������9V1 DATE: May 18, 2016 TO: Cathy Johnson, Director of Financial Services—City of Bremerton FROM: Jeff Arango, AICP -Senior Associate RE: Parking Study Scope of Work , BACKGROUND The City of Bremerton is interested in conducting a parking study focusing on the Downtown and other high , , demand areas. The study will include an inventory of on and off-street parking areas iricluding city-owned and private facilities. Data will be collected over several days to understand existing parking demand and utilization. Based on data collected in the field, an analysis of future parking demand will be conducted. A financial revenue analysis for city-owned facilities will be performed that addresses,financial solvency and parking demand management. � � . A stakeholder advisory group will be formed to identify key parking issues and review project data,findings, and recommendations. A final report will address key project findings and recommendations for the management of city-owned facilities, policies, and regulations. Residential parking counts are also included as an optional task to better understand residential parking demand and identify opportunities for shared parking. BERK takes a collaborative approach to working with clients to develop a scope and budget that meets their needs.The scope of work and budget is a starting point for discussions and BERK will modify as necessary to meet the City's needs and desired outcomes for this project. Project Goals The project goals will be refined during the kick-off ineeting and at the initial stakeholder advisory group meeting. Below are preliminary project goals: 1. Parking Inventory-Develop a complete inventory of on and off-street parking within the study area for non-residential use. 2. Parking Demand - Through field data collection and analysis understand actual parking demand including occupancy and vehicle turnover(on-street). 3. Support a Thriving Downtown-Address how the City's parking management strategies and policies can best support a thriving Downtown. 4. Involve the Public and Key Stakeholders - Involve stakeholders in the project to understand and meet the specific needs of interested stakeholders. 5. Manage Parking Demand — Develop parking management policies and strategies that effectively manage parking demand in the on and off-street system. 6. Financial Health—Ensure that any changes to parking management for City owned facilities supports a well-managed system and balanced budget. 7. Long-Term Management and Monitoring — Through this project establish the foundation for an effective long term management and monitoring program for City owned parking facilities. EXHIBIT A TOTAL PROJECT COSY A. Base Cost: $79,980 B. Total Cost w/all Options: $111,960 SCOPE OF WORK Task 1 - Project Management $4,050 Project management includes a project kick-off ineeting to finalize the project scope and schedule, and ongoing project management tasks such as regular project updates to the City via email and phone calls and coordination of sub-consultants. Task 2— Parking Inventory and Code Audit - $6,500 BERK will conduct a parking inventory of all on and off-street parking spaces in the study area including surface parking lots and structured parking that serve non-residential uses.The inventory will be conducted. using aerial photos, City permit records, and a site visit. A map and corresponding ArcGIS shapefiles and an excel workbook with the on and off-street parking inventory by parcel/block.face will be provided. An audit of the existing parking regulations in the City of Bremerton Municipal Code (BMC) will be provided that summarizes the existing parking regulations and identifies key areas where regulations may be updated based on best practices for parking management and the field data collection and analysis in Task 3. Assumptions: The City will provide any readily available permit data with existing parking inventory information for sites within the study area. Task 3— Parking Data Collection and Analysis - $31,950 Kimley-Horn, a national leader in parking data collection will use License Plate Reader (LPR) technology to collect the parking data.The data collection will initially be conducted on selected weekdays for a minimum of a 12-hour period to assess parking turnover. The LPR unit records the license plate and geo-referenced location of each vehicle. If available, the data may be cross-referenced with Washington State Department of Licensing data to determine where the vehicle is registered. BERK and Kimley-Horn will provide a summary of the data collection and analysis including a parking occupancy and turnover map by block/parking lot and detailed utilization and parking turnover charts for the data collection period. A future conditions analysis to estimate future parking demand is also included in this Task. Assumptions: Five days of data collection for 10-12 hours each day using one LPR vehicle. Data collection includes two to three days in the Downtown core and other high demand areas and two in key residential areas such as near the Downtown core and Olympic College. Task 4—Stakeholder Outreach - $12,650 BERK will facilitate up to five meetings with a stakeholder advisory group including representatives from major employers and institutions, residents, Downtown business and property owners and City staff. The advisory group will identify key parking issues, review field data collection and analysis results, and project findings and recommendations. Assumptions: The City will select advisory committee members, schedule meetings, and reserve meeting space. EXHIBIT A . � Task 5— Financial Analysis - $5,500 BERK will conduct a financial analysis of the City's municipal on and off-street parking facilities.The analysis will consider the impacts of changes to existing parking fees, the ability to fund additional resources for parking management, and address the impact of parking demand management strategies. The City will provide all existing agreements with other organizations for use of City-owned parking facilities. Task 6— Project Report - $15,330 Based on the parking data collection and analysis, BERK and Kimley-Horn will develop project findings and recommendations that address City parking regulations,the management of on and off-street public parking areas, and an analysis of future parking needs. Assumptions: This task includes development of a draft and final report that will document the parking inventory, data collection and analysis, future conditions, and project findings and recommendations. OPTIONAL TASKS - $28,980 , Task 7 - Residential Parking Data Collection and Focus Group $6,300 To assess residential parking demand BERK can collect data for up to five sites The data collection includes contacting property owners,conducting a parking inventory,collecting other non-parking data to be included in the analysis(unit types, residential occupancy, parking cost, etc.), and the parking count.The cost per site could be reduced if the City provides assistance in coordinating with property owners. Task 8— Park+ $22,680 Below is a scope of work and budget for using Kimley-Horn's Park+ model for database and scenario development.The Park+ model and software is also available for purchase and long-term use by the City. 8.1 Initial Project Kickoff Meeting—at the kickoff ineeting, Kimley-Horn will meet with City staff to discuss the approach to data collection and the Park+ modeling parameters and assumptions. During this kickoff meeting, Kimley-Horn staff will conduct a field tour of the study area to determine specific modeling patterns and relationships between parking and City uses. 8.2 Initial Data Request and Collection—Kimley-Horn will submit a data request to staff, including requests for GIS data (land uses and parking), transit ridership and mode split surveys, special event parameters, and future planned development in the City. It is assumed that the primary data sources will come from the following: Land Use Information — Existing land use information from the Kitsap County and Bremerton Comprehensive Plan updates including 20-year growth numbers. Parking Inventory—from the data collection effort for this project. Parking Occupancy—from the Kimley-Horn data collection for this project. 8.3 Park+ Database Development — after the City land use and parking data are compiled (from Tasks 2-4 above), Kimley-Horn will create specific GIS databases for use in the Park+ model. The databases will be structured in ArcGIS shapefiles and compiled into file geodatabases for use in the modeling platform. The existing data provided by the Client will be maintained with columns and data appended to support Park+ functionality. 8.4 Model Calibration—Kimley-Horn will calibrate a Park+modeling platform for the Client that accounts for the actual conditions in the study area,through the use of the collected land use and parking occupancy data. The calibration process will include the coding of public and private parking assets, permitted parking EXHIBIT A restrictions, user walking tolerances, and price/distance sensitivity. Kimley-Horn will calibrate the model to travel demand industry standards using an iterative calibration process that allocates demand reflective to conditions observed in the field. 8.5 Mid-Project Check-In Meeting—After model calibration, Kimley-Horn will schedule a mid-project check- in webinar with the Client to present the calibrated model and begin the scenario development process.The meeting will be used to present the findings from calibration and discuss scenarios for analysis. 8.6 Scenario Evaluation — Following the mid-project check-in, Kimley-Horn will use the calibrated Park+ model to analyze various scenarios related to the planned City development.Scenarios will be delivered with the modeling platform upon completion. Up to two (2) scenarios will be evaluated as part of this proposed scope.Additional scenarios can be included at an additional cost of$1500 per scenario. EXHIBIT A PROJECT BUDGET � leff Arango �Zry Cannell Annie Saurwein Brett Wood Adria Koller Total Hours and Task Pro'ect Manager Estimated Cost $150 5125 5125 5185 5140 b Task Task 1:Pro�eR Management • --- -... _..---�----� -- - . .. . .._ - - . ..... .--- -� � - � - - - - .. .-- -_ ' . - �7ask 1 1 Pro�ectLaunch 6 6 51,650. �Task 11 Pro�ect Managemen[(Ongoing) 16 $2,400i ... .. .. - ---.... .. ._ ... .__. . __.... . . _ .. Subtotal 22 0 5 0 0 28 $4,050 Task 2:Parkmg Inventory and Code Audit ...._. .--- .. . _... _ .. ... .... .. .. .... .. . ... . _. . .._. .. ._. .... . ... ... .._..... ... . .- -' - :Task2.l.Parkinglnventory 14 20 54,600! •:Task2.2 ParkingCodcAudit 6 8 51,900� Subtotal 20 28 0 0 0 48 $6,500 Task 3:Parking Data Collec[ion and Analysis .. ....--� -� -------._... . . .. .. _ ._... __ .. . . .. _ .. - � - - -. .. . . . _ _.. . __._. _ ..--- � ----� . Task 3 1 Data Collecdon Plan 14 12 12 $6,000; ,Task 3.2 Field Data Collection+Ezisting Conditions 12 50 60 $19,450; Task 3 3 Field Data Collect�o�Malys�s 20 20 56,SOOi --- . .. . ._. . ..._ _. Subtotal 26 0 0 82 92 200 $31,950 Task 4.Stakeholder Outreach � �- -� � ----�--. ... ._ .- �- --. ._.__.. . .. ..._. . . .. .. ._. . _. _. _ .... ... ... .._..... .. ........ ... .. . . .. _ .._ Task415[akeholder Meetings(5) 32 16 $6,900i Task 4 2 5[akeholder Meeting Summary 6 6 $1,6501 ,Task 4 3 Committee and City Council Presentations 12 $1,800� 'Task 4 4 Open House 6 12 $2,400' .. .._.. _. ..---- ------ --- .. . ..-� - �-- ----... Subtotal 56 34 0 0 0 90 $12,650 Task 5:Financial Analysis . __.. . .. .._._.. __. . .-�---... _..-- ---.. . ._.. .. .--- --� - - . . ... ..-- '�---..__.. . ____..._ . .-- --- .. ... . .. , ;Task 5.1 Prepare Base Financial Da[a 12 $1,SOOj ;Task 5.2 Prepare Dreft Revenue Forecast 6 12 52,400i ;Task 5 3 Finalize Revenue Forecast 4 R 51,600� . . ...._ ... . ..-- ��--- .._. _ . _._. . ...._..... _ _ . Subtotal 10 0 32 0 0 42 55,500 Task 6:Pro�eR Report_ � --�'-- - . . . .. -- �- --- -. _ .. . . ...- - - . . __. .._ . . . .. .-�--------- -. .... _._ . . . Task 6.1 Prepare Drak Report � 16 14 20 $7,850; ;Task 6.2 Prepare Final Report 12 10 8 54,530� �Task63FinalizeReportandpresentation 4 4 10 $2,950' - - ....------.. .._. ._ _.._ ...... . ... . . .... . Subtotal 32 28 0 38 0 98 $15,330 7ask 7:Residential Parking Counts(Up to 5)(Optional Task) - ----� ---... ..—.__. . . .--�-� -��-- - - �-- - -� - -._. ._ _ ... .. -- - --- . .. ---� -- �---`..----. . .. .....--- ��--- �Task 7 1 Residential Parking Counts 10 12 $3,000� �Task 7 2 Residential Focus Group 12 12 � $3,300� `----_.. - � --�- .... .. . ........ . ....... ........ .. .... . .. Subtotal 22 24 0 0 0 46 $6,300 Task 8:Park Plus(Optional iask) .._--._.._.....--� ----___ _...... _..----.... . - -- --_..- -- �� ----��------. _.... - - -��-------- ---.. . ..----- � ---._.- .-• `Task 8 1 Kick Off 20 $3,700! Task 8 2 Initial Data Request 2 $370� Ta s k 8 3 Data ba se Devel opment 24 54,440� 'Task84ModelCalibration 24 22 57,520� �Task 8.5 Mid Pro�ect Webinar 12 4 $2,780i •Task865cenarioEvaluation�S1500perscenario) 6 10 8 $3,870� ...._.... .. .- �--�- -. ._. ..-- - �- -. .._- -� -�-- .. . Subtotal 6 0 0 92 34 132 $22,680 Total Estimated Hours Cost(Labor) 194 114 38 212 126 684 529.100 514,250 54.750 � $39,220 $17,640 5104,960 Subtotal Consultant Cost(Base Price) 575,980 Project Expenses 54,000 Estimated PrajeR Total(Based Price) $79,980 Subtotal Consultant Cost(with all options) $104,960 . Pro�ect Expenses $7,000 Estimated Project Total(with all options) $111,960 Assumptions: Funding may be shifted between tasks based on reduced or increased level of effort as long as the project is within the total budgeted amount. Optional tasks are included in the scope and budget, but the consultant shall not proceed with any work on the optional tasks until the City has authorized the work. EXHIBIT A � � ' � � � •. • • •- -• • -• •- • • • • •- • •- • �• • G�Ct;•ti .r ���+:��i.. � it►.�,"' ��{� � �`'��. `' � ' ��,,� � sM � t � 'tr t ¢. ,};�` . _ , �I �,, � '� r :, � i �c. � '�� �.a• t•�,l.y�. y ��� �J '�'Y :'� " �� i� � i' ,��*� .} t � �y� ��. VL .. �l]_ � •� <e•��l'� l,� . 1 x1; � °�... �'�+I:� `! j � ,t� ` °' �'';�,i �� �J ,1' C� ' ;,; .OI,y f'wJy,C�� '"�`� r�'.�'�l f r r�' �}- .1 � J. � � ��. 1 . 1: I � ,I•,_'_� 'y � y�• � �, � .., + �`� , .f'r-� 's, �.�a�" i� �O��e�� .e+: � ��, � � �. , .� ��;. �_ , F,, , � g' � �� , :;�4 ��,•� ,� �� ,�'."- "a . � ��.-, �'.'r.�- t � ► ,��� � � "t f .i. �.,, . f -#� � "i:t— •• � , t � �� �,�„ r��' � r - _ +� � .'.- ' ��'-�r '�e'� �' '{{- f�.�, r �a`� � ���-',�� �,. ' "" ?''�� '�� �, -. � �4, a� � '�:� y - '+ �' �3� �� �� �� �� �� •r, �'�` �� ,- �� � � � � �i � � ,,. .,� ,; J �j;,;, R��'�i d�e ri�i I;� ,� � � �",-; � ' • �� •,.. ' ., - ; .,-� ^ '.. r, ��,y: - . '� ,- �. '�u .�" r ',� 9�ti�. ( t .3.' �. �71ft ' r , � '( a'��� � 1 ° �=� . .��.�,,. .•� -�� �;�;,�'�Y . � to� :n:,C�o re � �� '� t �I`� r � .Ja.. ���� � Q.�,�� � .��� � � •� � r j ` #� �y, �.. _ � r - 'I; �' l � y�; t �L � �.� 't�::�,.� ,5�.�y` 1 •t�s�,l.. � ~ 1' t rr 1 �`! ' "�' �'t�'"s �{ i�K r .r` < �� �� �� y��"�f� ��4 � � � ��d/` ,�� ' .� '� ' �. � ^��t'• fi �r1 � � � �' Y` �'�-�'�'„ ���� ��- �`i�, , �� � ,I'1 :� � � ,� . � , . „���. � �: � , �.� , , � . � ��r �e� �r� �e� m i n a I �r�`�` ' . � ;� IV ava:f:5 r,p�a'�,: � } � � � �� � � � . �..,.��....i;,�;;;�'r� � �� ` `, .. �� � �� �� - „ry � } � ��� e � I�4 i�, � ti '{ � �'� ��� � � � (•� �� { �. �` .�� n ��� �`.: ; i ' �+INlt,.,. . �r9 CITY OF BREMER�OI� PARKII\IG STUDY Project Sel�e�ule - DRAFT Activity/Task Date(2016) Task 1: Kick-Off Meeting 1.1 City Kick-Off Meeting July 7tn 1.2 Project Management Ongoing Task 2:Parking Inventory and Code Audit 2.1 Parking Inventory July 15�h 2.2 Parking Code Audit � August 12tn Task 3:Parking Data Collection 3.1 Data Collection Plan July 29tn 3.2 Field Data Collection � August+September 3.3 Data Collection Analysis September and October Task 4:Stakeholder Outreach 4.1 Advisory Committee Meeting#1 July 4.1 Advisory Committee Meeting#2 August 4.1 Advisory Committee Meeting#3 September 4.1 Advisory Committee Meeting#4 October 4.1 Advisory Committee Meeting#5 November 4.2 Advisory Committee Meeting Summaries One week after meeting 4.3 Committee and City Council Presentations November/December 4.4 Open House November Task 5: Financial Analysis 5.1 Prepare Base Financial Data August 5th 5.2 Prepare Draft Revenue Forecast September 2nd 5.3 Finalize Revenue Forecast November 15t Task 6:Project Report 6.1 Prepare Draft Report December 6.2 Prepare Final Report January, 2017 6.3 Finalize Report and Presentation February, 2017 Task 7:Residential Parking Counts 7.1 Residential Field Parking Counts October 151 EXHIBIT A Activity/Task Date (2016) 7.2 Residential Parking Focus Group September Task 8: Park+ 8.1 Kick Off July 7cn 8.2 Initial Data Request luly 15tn 8.3 Database Development August 15�n 8.4 Model Calibration September 15tn 8.5 Mid-Project Webinar October 15tn 8.6 Scenario Evaluation November/December � EXHIBIT A s ACOR0. DATE(MM/DD/YYYY) `� 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). PRODUCER CONTACT Nancy Blackwell NAMEMcDonald Insurance Group, Inc. H NE Ext): (425)827-7400 �A'c,No): (425)827-7402 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 INsuRERB: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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ 4017749887 9/18/2016 9/18/2017 MEDEXP(Anyoneperson) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY 'ECOT- LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDtSINGLE LIMIT $ 1,000,000 (EaA ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 4017749887 9/18/2016 9/18/2017 BODILY INJURY(Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 4017751039 9/18/2016 9/18/2017 $ WAXWXX158g901;I(94XXV PER x OTH- ATAXEMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA A (Mandatory in NH) 4017749887 9/18/2016 9/18/2017 E.L.DISEASE-FA EMPLOYEF $ 1,000,000 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: #R0010107 Bremerton Parking Study. The City of Bremerton is an Additional Insured for General Liability by written contract per SB146932E attached. Coverage is Primary and Non-Contributory and Waiver of Subrogation applies per 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 Cathy Johnson ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Ste 600 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(201401) SNA 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, testing, or the substitution of parts under 2. MISCELLANEOUS ADDITIONAL INSUREDS 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) 932-E CNA SB-14 06/1 ) 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 "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. 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 politicai 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 property for any reason, including Any person or organization from whom you prevention of injury to a person or lease equipment. Such person or organization 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 "bodilyinjury," ro ert dama e" or operations; or "property Y 9 "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. 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 hazard." manager, if you or an additional insured is 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, 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 We waive any right of recovery we may have injury to the feelings or reputation of a natural 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) CNA SB 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 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 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 (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. SCANNED maw McDonald Insurance Group, Inc—Po Box 3089 Kirkland,WA 98083