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Page 1 of 2 Contract Modification #1 Bremerton/BERK Consulting, Inc. Eastside Employment Center CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND BERK CONSULTING, INC. PROJECT Eastside Employment Center Market Analysis, Redevelopment, & Subarea Plan, Planned Action EIS. CONSULTANT BERK Consulting, Inc. DATE THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and BERK Consulting, Inc. on May 2, 2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See attached Scope Amendment dated July 27, 2020. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by November 2020. . Section III. Compensation , is modified as follows: The original contract amount was Two-Hundred and Seventy Thousand Dollars ($ 270,000 .00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Fifteen Thousand Dollars ($15,000.00) for a total amended contract amount of Two-Hundred and Eighty-Five Thousand Dollars ($ 285,000.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C Page 2 of 2 Contract Modification #1 Bremerton/BERK Consulting, Inc. Eastside Employment Center This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. CONSULTANT: BERK Consulting, Inc. THE CITY OF BREMERTON By: By: Print Name: Lisa Grueter Print Name: Greg Wheeler Its: Principal Its: Mayor Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Lisa, Grueter, AICP Andrea L. Spencer, AICP BERK Consulting, Inc. Director of Community Development 2200 Sixth Avenue – 10th Floor 345 6th Street, Suite 600 Seattle, WA 98121 City of Bremerton DCD lisa@berkconsulting.com Bremerton, WA 98337 206.493.2367 360-473-5283 DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C 8/4/2020 8/4/2020 1 Bremerton Eastside Employment Center SCOPE AMENDMENT | JULY 27, 2020 The purpose of this amendment is to identify additional tasks needed to ensure a completion of the Subarea Plan and Environmental Impact Statement (EIS). Task 5.6 Planned Action Staff Workshops The purpose of this subtask is to conduct meetings with Community Development and Public Works Staff to develop the planned action mitigation including capital projects, cap ital costs, and mitigation fees. This includes attendance at up to four virtual meetings and refinements of proposals, costs, mitigation, and other documents. Task 9.4 Preferred Alternative Refinement Under this subtask, following the Planning Commission recommendations, responses to public comments, and integration of SR 303 preferred concepts, the Eastside Employment Center Preferred Alternative will be further refined. This includes revised land use estimates, transportation evaluation of trips, updated maps, and subarea naming. The refined Preferred Alternative will be integrated within the subarea plan, code, Final EIS and planned action. This includes growth estimates for added stories and commercial square feet, the differences in mixed use trips and the Draft EIS range of alternatives. COST ESTIMATE Based on the scope amendment, the time and materials not to exceed amount is presented below. DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C Certificate Of Completion Envelope Id: B78550A995F0453F823CA0B9C60FA95C Status: Completed Subject: Your Electronic Signature is Required Source Envelope: Document Pages: 3 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 0 Melinda Monroe AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 345 6th Street Suite 100 Bremerton, WA 98337 Melinda.Monroe@ci.bremerton.wa.us IP Address: 64.146.143.78 Record Tracking Status: Original 8/4/2020 11:10:14 AM Holder: Melinda Monroe Melinda.Monroe@ci.bremerton.wa.us Location: DocuSign Signer Events Signature Timestamp Lisa Gueter Lisa@berkconsulting.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 73.193.115.157 Sent: 8/4/2020 11:15:42 AM Viewed: 8/4/2020 11:22:20 AM Signed: 8/4/2020 11:26:24 AM Electronic Record and Signature Disclosure: Accepted: 8/4/2020 11:22:20 AM ID: 8dbe1f48-46e3-45f1-8200-5bb0034595e8 Mychael Raya mychael.raya@ci.bremerton.wa.us Asst. City Attorney Bremerton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 64.146.143.78 Sent: 8/4/2020 11:26:25 AM Viewed: 8/4/2020 12:36:31 PM Signed: 8/4/2020 12:36:53 PM Electronic Record and Signature Disclosure: Accepted: 8/4/2020 12:36:31 PM ID: 34e2edcb-1702-43f5-9f8e-75cf0645f76c Greg Wheeler Greg.Wheeler@ci.bremerton.wa.us Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 64.146.143.78 Sent: 8/4/2020 12:36:54 PM Viewed: 8/4/2020 12:48:57 PM Signed: 8/4/2020 12:50:13 PM Electronic Record and Signature Disclosure: Accepted: 8/4/2020 12:48:57 PM ID: 91e8be82-2070-4e7c-b440-a640bb02dc43 Angela Hoover Angela.hoover@ci.bremerton.wa.us City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 64.146.143.78 Sent: 8/4/2020 12:50:14 PM Viewed: 8/4/2020 12:53:32 PM Signed: 8/4/2020 12:57:25 PM Electronic Record and Signature Disclosure: Signer Events Signature Timestamp Accepted: 8/4/2020 12:53:32 PM ID: b65bb8c9-70aa-4bc8-8531-cead409c49c3 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8/4/2020 12:50:14 PM Certified Delivered Security Checked 8/4/2020 12:53:32 PM Signing Complete Security Checked 8/4/2020 12:57:25 PM Completed Security Checked 8/4/2020 12:57:25 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, 1000144867-1278204-City of Bremerton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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AGENDA BILL CITY OF BREMERTON 6E CITY COUNCIL SUBJECT: Study Session Date: April 24, 2019 Professional Services Agreement with BERK COUNCIL MEETING Date: May 1, 2019 Consulting, Inc. for Eastside Employment Department: DCD Center Market Analysis, Redevelopment & Presenter: Andrea L. Spencer Subarea Plan, and Planned Action EIS Phone: (360) 473-5283 SUMMARY: The City received grant funds from the Washington State Legislature to support the economic revitalization of the Eastside Employment Center(area around Harrison Medical Center). The City desires to ensure that this Eastside Employment Center remain an economically vital center with both jobs and housing as Harrison Medical Center transitions to Silverdale. Implementation of this vision requires the selection of a qualified special project team. DCD widely advertised a request for proposals and following review of the responses has selected BERK Consulting, Inc. BERK will prepare a market analysis, redevelopment and subarea plan, and planned action EIS for the Eastside Employment Center. There will be two phases of the project accomplished with this funding: 1) Preparation of an economic market analysis to determine the probable uses and residential densities that can be anticipated in the study area after the departure of Harrison in 2020, and 2) Community outreach visioning and adoption of a subarea plan with a Planned Action Environmental Impact Statement (EIS). This plan will ensure that there is a smooth transition from the current Harrison Medical Center to new uses that benefit the community. It is expected that the preparation of this plan will lay out the action steps necessary to ensure that the area is economically viable, that the plan is market tested, and ensures that future permitting is streamlined. ATTACHMENTS: Professional Services Agreement with BERK Consulting Inc. Exhibit A— Scope of Work Exhibit B—Work Schedule Exhibit C— Budget FISCAL IMPACTS (Include Budgeted Amount): Total contract amount not to exceed $270,000. In October 2018 the City Council approved the acceptance of grant funding from the State of Washington (Department of Commerce) that will fund this planning effort in full. STUDY SESSION AGENDA: ❑x Limited Presentation El Full Presentation STUDY SESSION ACTION: Consent Agenda ❑ General Business El Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BERK Consulting, Inc. for the Eastside Employment Center Market Analysis, Redevelopment& Subarea Plan, Planned Action EIS, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: pill•pprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT City of Bremerton/BERK Consulting,Inc. Eastside Employment Center Market Analysis, Redevelopment& Subarea Plan, Planned Action EIS The City of Bremerton ("City") and BERK Consulting, 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 February 8, 2019, 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 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 $270,000.00 (Two Hundred Seventy Thousand and No/100 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. Page 1 of 7 Bremerton/BERK Eastside Employment Center 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 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. Indemnification: 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 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 indemnification. B. Architects, Engineers 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 4.24.115, 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 INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 7 Bremerton/BERK Eastside Employment Center 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-contractors. 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; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 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. Page 3 of 7 Bremerton/BERK Eastside Employment Center The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City 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. 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 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 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. Use of Photographs and Images. 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. Page 4 of 7 Bremerton/BERK Eastside Employment Center 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 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. 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. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Andrea Spencer, DCD Director Attn: LISA GRUETER City of Bremerton BERK Consulting, Inc._ 345 6`h Street, Suite 100 2200 Sixth Ave, Suite 1000 Bremerton, WA 98337-1891 Seattle, WA 98121 J. 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. K. 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. Page 5 of 7 Bremerton/BERK Eastside Employment Center L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 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. 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 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 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 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 Agreement. A. Excusable Delays: 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 Upon 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 Page 6 of 7 Bremerton/BERK Eastside Employment Center 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. IN WITNESS WHEREOF, thearties below have executed this Agreement. p $�' CITY: CONSULTANT: CITY OF BREMERTON BERK Consulting, Inc. B B 011.44. 'Lti Tt By: Y• Print Nam . REQ w H Ec.i..E..4 Print Name: Lisa Grueter Its: ffl1yDR Its: Prinnipal Date: S 1'2 `201 ci Date: 05/02/2019 APPROVED AS TO FORM: ATTEST: sByOA S Roger A. Lubovich, Bremerton City Att. . a- Angela IT s, City Clerk R:U.egal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.07 2018.docx Page 7 of 7 Bremerton/BERK Eastside Employment Center April 5, 2019 Exhibit A — Scope of Work Project Understanding The 80-acre Eastside Employment Center is one among seven Centers envisioned in Bremerton's 2016 Comprehensive Plan. Anchored by Harrison Medical Center, this Employment Center also includes housing and commercial uses. In 2017, Harrison Medical Center's owner, CHI Franciscan Health, finalized plans to relocate the Harrison Medical Center from Bremerton to Silverdale. The first phase of the relocation is expected to be completed by 2020, with the final relocation expected to be completed by 2023. The departure of the hospital and associated medical service businesses presents an opportunity for East Bremerton. The City of Bremerton seeks to develop a Subarea Plan to take advantage of this opportunity to reaffirm and implement a shared, long-term Vision for the Eastside Employment Center, and establish a coordinated approach to development, environmental review, and strategic capital investments in this area. The Eastside Employment Center enjoys several assets. It is well connected to residential neighborhoods to the West. Nearby Olympic College is well known as a talent pipeline for employers offering degree programs that are connected to the workforce needs. In addition to these assets, several projects and investments are currently underway in the area that contribute to the Center's economic development potential. The City has started a comprehensive study of the SR 303 (Warren/Wheaton) corridor. This study will identify transportation options that improve livability and attract investment to the area along the corridor, including the potential for SR 303 to become a corridor for bus rapid transit. In this context, the subarea planning process is an opportunity to develop a roadmap to guide City actions and investments to leverage the Center's assets and capitalize on recent investments in the area. The City desires the following products of the Eastside Employment Center: • Market Analysis • Comprehensive Plan Vision, Goals, & Policies • Land Use & Zoning Map • Development Regulations • Capital Improvement Plans • Planned Action EIS • Redevelopment Strategies & Measures BERK consulting will serve as prime and lead the market study, subarea plan, and planned action EIS. BERK will work with a team of subconsultants including: • MAKERS, who will support urban design and community visioning. • Stowe Development Strategies, who will support the market analysis with a focus on real estate development and entitlements. • Fehr & Peers, who will be the transportation lead. • Herrera, who will support the Plan and EIS with expertise in critical areas, stormwater, and utilities. Collectively, the team is referenced as the Consultant with expected roles defined above. Scope of Services This Scope of Work includes ten key tasks across two phases: Phase 1 (May 2019 - July 2019) • Launch Project • Craft Public Engagement Strategy ■ Prepare Economic Market Analysis • Engage Community Phase 2 (May 2019 - June 2020) ■ Conduct SEPA/GMA Process ■ Analyze Existing Conditions ■ Craft Vision & Development Goals ■ Develop Alternatives ■ Prepare Draft Subarea Plan ■ Shape Preferred & Final Subarea Plan TASK 1 : LAUNCH PROJECT AND ONGOING PROJECT MANAGEMENT Task 1 .1 Kick-off Meeting The Consultant will develop an agenda with the City. Activities are likely to include: Introduction of the team, confirmation of project objectives, team information sharing regarding existing conditions, issues, constraints and opportunities, a walking tour, and engagement strategies and objectives. Task 1.2 Ongoing Project Management The Consultant will develop a detailed schedule at the kick-off stage and update it as appropriate. The Consultant will set up a regular time to coordinate with the City Project Manager, through in-person or teleconference check-ins, in between project meetings. The Consultant will work closely with the City to communicate progress and anticipate any potential challenges. The Consultant will ensure City staff and the consultant team work together in close partnership. �▪itl April 5, 20 Bremerton Bremerton Eastside Employment Center 2 Task Deliverables: • Kickoff meeting design and materials ■ Regular check-ins (e.g. bi-weekly) TASK 2: CRAFT PUBLIC ENGAGEMENT STRATEGY Public engagement will be designed to gather meaningful input from businesses, property owners, community stakeholders, and partner agencies throughout the planning process. The Consultant will work with City staff to develop a Public Engagement Strategy that will define the general approach to outreach and identify the sequence, specific tools, resources, and venues that will be used to communicate with stakeholders. The Public Engagement Strategy will be tailored to meet the City's needs. The Plan will address the following: • Outreach and engagement objectives • City and consultant roles • List of property owners, community groups, developers, local chambers of commerce, agencies, and other interested stakeholders • Planned activities, including online surveys, stakeholder interviews, Steering Committee meetings, public workshops, as well as a project website and web-based interactive tools to gather input and comments • Methods of notification and communication It is anticipated the City will establish an ad hoc Steering Committee to collect broader feedback and serve as a sounding board. This group can include elected officials and Planning Commission representatives, property owners, business owners as well as representatives from public agencies. Engagement activities (detailed in task 4) includes regular meetings with this Steering Committee to review progress and gather input. The Consultant also envision a close working relationship with staff in a team effort. Task Deliverables: • Public Engagement Strategy • Outreach and Engagement Summary ■ Steering Committee Meetings and Facilitation (3): kickoff, alternatives development, and to review the Draft Plan TASK 3: PREPARE ECONOMIC AND MARKET ANALYSIS Redevelopment planning for the site will be informed by both the short- and long-term conditions on the site, within Bremerton, and across the region. Final plans need to reflect expected market needs and the ability for this site to accommodate those needs and should highlight any opportunities for flexibility in development concepts. The supporting Economic and Market Analysis Report will be outlined and developed to include several components: :it April 5, 2019 Bremerton l Bremerton Eastside Employment Center fl 3 • A broad economic forecast/market analysis, examining overall trends in development in Bremerton and the region, expected demand across development types, construction costs, and identified opportunities for growth elsewhere in Bremerton. • A site market analysis evaluating the current site configuration, demand drivers for space after the Harrison Medical Center relocates, local residential and commercial rents, and potential opportunities and challenges with site reuse/redevelopment. ■ An entitlements analysis, which would assess the current uses on the site, possible alternative uses/development types under current City regulations, and potential alternative development that could be allowed through changes. ■ Case studies highlighting comparable situations where the departure of a major anchor activity entailed a realignment of local uses and potential redevelopment to accommodate new types of uses. ■ Initial strategic recommendations, including possible actions that would help to address regulatory, market, and financial limitations, and attract capital investment and achieve potential development visions for the site. Some analysis will be carried concurrently with the alternatives analysis (see Task 8.2), and findings related to the need for infrastructure improvements and environmental mitigation (if required) will be incorporated into the assessment of the marketability of the site. The Economic and Market Analysis Report will be developed as a supporting document, and summaries of key elements of this Report will be used to support subsequent community engagement in this process. Task Deliverables: • Market analysis data profile • Case studies/precedents • Likely development approvals and opportunities/barriers ■ Potential strategies/actions to support redevelopment TASK 4. ENGAGE COMMUNITY Consistent with the engagement strategy in task 2, the Consultant will design and implement a series of activities to inform, engage, and gather input from local and regional stakeholders, such as property owners, business owners, residents, and public agencies. Engagement strategies will include use of a project website, social media, stakeholder interviews and focus groups, public workshops, and pop-up events at busy locations. Activities will be spread across tasks 5-9 and sequenced to gather meaningful feedback in a variety of ways. As noted above, steering committees are often very useful in providing focused input and assisting in outreach to their cohorts. The project schedule chart identifies some of the most important engagement activities, including optimal times for team/steering committee meetings, three public events, and when briefing/input sessions with the Planning Commission or City Council might be most useful. Other team work sessions and check-ins will be scheduled as the process progresses. :i•I April 5, 2019 Bremerton I Bremerton Eastside Employment Center 4 Activities to inform and build awareness The Consultant will develop and coordinate the following activities to inform and build awareness at the outset: ■ Project branding concepts to create a strong project identity to increase project awareness and participation in the planning process. • Set up dedicated web page or contribute content to a City-managed page. • Develop templates for outreach materials. • Develop social media strategies. Stakeholder interviews • The Consultant will conduct telephonic or in-person interviews depending on Consultant resources and preferences of the interviewees. The interviewees consist of key stakeholders in the community to gather input on assets of the Center and potential opportunities to revitalize it. Six to eight interviews will be conducted. Focus Groups • The Consultant will conduct focus/discussion groups during the visioning (Task 7) and draft plan (Task 8) stage to get targeted input on the Plan effort, particularly with individuals that may not participate in workshops or meetings and the real estate development community. Participants may include business and property owners, developers, agency staff and representatives from community organizations/institutions. One to two focus groups will be conducted. Charrette/Community Workshop • The Consultant will conduct an extended workshop (same day 12 hours or multi-day) in Bremerton focused on the community vision and development of plan alternatives (Task 5). This workshop will include: an evening event on opening night; a walking tour with the public; small group workshop exercises; open studio hours for the consultant team to work and the public is invited to stop by and provide input; and a presentation by the consultant team on the outcomes of the workshop. • A second workshop will focus on public input on the plan alternatives (Task 7). This workshop will be a single event in the evening including a presentation on the alternatives and opportunities for public input with a mixture of an open-house and small group discussions. Pop-Up Events • The Consultant will conduct one to two pop-up events that bring activities and information to engage the community where they are. Such events would be staged in busy locations. Pop-up events will be conducted to gather input on vision (Task 5) on the draft plan (Task 8). Steering Committee Meetings ■ Engagement activities could also include regular meetings with the Steering Committee (or Planning Commission depending on City direction) to review progress and gather input. The Consultant envisions meeting with Steering Committee at key points during plan development such as at the :i'I April 5, 2019 Bremerton I Bremerton Eastside Employment Center 5 visioning, draft alternatives and preferred alternative stages. Task Deliverables: • Outreach and engagement materials and events closely integrated with the SEPA/GMA process. TASK 5. CONDUCT SEPA/GMA PROCESS The integration of community engagement, subarea planning, and the planned action SEPA process is planned at the following stages: Plan visioning and EIS scoping, Plan and SEPA alternatives, and outreach/engagement with comment periods and decision maker meetings. Task 5.1 . EIS Scoping and Alternatives In collaboration with the City, the Consultant will integrate the public scoping process with other engagement activities and will assist with the public scoping process activities including: • Preparing a SEPA checklist and scoping notice, addressing all topics not expected to be addressed in the EIS to a sufficient level of detail to support the type of EIS selected. • Preparing a determination of significance and scoping notice. • Preparing handout materials for a public scoping meeting, which can be combined with a subarea plan workshop. ■ Providing guidance on EIS alternatives to analyze. ■ Preparing a summary of the scoping process, selection of alternatives, and comments received during scoping to include as an appendix to the Draft EIS. • The SEPA related alternatives will be coordinated with the refinement and analysis accomplished as part of the SAP process Task 5.2 Preliminary Draft EIS The Consultant will prepare a preliminary draft EIS for City review and comment. The intent is to integrate the EIS analysis with the Draft Subarea Plan to the extent feasible to streamline the document and to effectively use project resources including the existing conditions report and plan alternatives. Plan alternatives will include a no action and two action alternatives that may vary growth amounts, locations, and patterns. Although the scope of the EIS has not yet been determined, likely EIS elements will include the following topics: • General Sections (BERK); ■ Natural Environment (Herrera); ■ Population, Employment, and Housing (BERK); • Air Quality/Greenhouse Gas Emissions (Fehr & Peers); • Transportation (Fehr & Peers); • Land Use and Plans and Policies (BERK); ��,� April 5, 2019 Bremerton l Bremerton Eastside Employment Center 6 ■ Aesthetics (Makers) • Public Services (BERK) • Utilities (Herrera) The Consultant will prepare the notice of availability for City publication. General Sections: The Consultant will prepare a fact sheet, table of contents, distribution list, alternatives description, appendices, and other necessary supporting documentation for City review. Natural Environment: The Consultant will review critical area codes and setbacks for geologic hazard areas, wetlands, and shorelines to avoid impacts and, where impacts are unavoidable, propose mitigation that is synergistic with future land use. The Consultant will produce a permit matrix identifying all necessary federal, state, and local environmental permits and approvals including the respective regulatory agencies and contact information, required supporting documentation, expected timelines for permit review, application fees, risks, and constraints. Our team's expertise in shoreline regulations and planning allows us to integrate protection of habitat function and ecological integrity with future land use planning. It is anticipated the Plan will incorporate the shoreline critical area as an amenity and community asset. Air Quality/Greenhouse Gas (GHG): The Consultant will evaluate the differences in greenhouse gas emissions among the alternatives. Emissions from building materials and processes and post-development energy usage will be estimated using King County's SEPA spreadsheet methodology. Emissions generated by transportation will be estimated based on the vehicle miles traveled forecasted by the Kitsap County travel demand model. Population, Employment, and Housing: The Consultant will describe current demographic conditions based on the market analysis. The Consultant will compare the alternatives' effects on population, employment, and housing mix and capacity including relationship to growth targets. Land Use and Plans and Policies: The Consultant will compare and evaluate the proposed amount, types, scale, and pattern of uses in comparison with the existing land use pattern and adjacent development. The Consultant will analyze the consistency of the subarea plan with the Comprehensive Plan and regional plans and indicate the potential for policy amendments. Aesthetics: The Consultant will describe the overall aesthetic character of the study area in terms of the quality of the urban environment, the design and character of existing buildings, and building height, bulk, and scale. The Consultant will consider the nature and magnitude of change envisioned by the subarea plan. The visual character analysis will rely primarily on narrative description, photographs of existing conditions, a map identifying areas where height is likely to change in comparison to adopted regulations, and the renderings and materials developed for the subarea plan. Transportation: The existing transportation network will be described for all modes, including autos, freight, transit, pedestrians, and bicycles. This will include a description of the City's layered transportation network which identifies each corridor's prioritized modes. Future travel behavior for each alternative will be forecasted using the Kitsap County travel demand model and a mixed-use trip generation tool called MainStreet. Each mode's performance will be evaluated using the City's adopted multimodal measures, as outlined in the Comprehensive Plan. Public Services: The Consultant will review existing levels of service, estimated needs and demand for :III April 5, 2019 Bremerton l Bremerton Eastside Employment Center 7 service, and projected levels of service under each alternative for police and fire protection, parks and recreation, and schools, as determined through the scoping process. The Consultant will coordinate with appropriate service provider staff and integrate system plan levels of service and capital plans. The Consultant will base the analysis to the extent feasible on available plans and population-based estimates of demand and reflect the Subarea Plan capital facility plan. Utilities: The City provides stormwater, wastewater, and water services within the Eastside Employment Center. For stormwater, the subarea plan presents a great opportunity to address capacity constraints of the Cherry Avenue Outfall. The Consultant will help the City examine stormwater management options such as a City-led project to improve stormwater conveyance or detention that would alleviate flooding issues, make stormwater management less risky and less expensive for potential developers, increase stormwater system resiliency in the face of climate change, and potentially help improve pedestrian mobility and access within the subarea. The Consultant will leverage the infiltration study completed during the Stormwater Comprehensive Plan to evaluate whether green stormwater infrastructure or large-scale infiltration facilities are a cost-effective part of this solution. City-led stormwater improvements could be funded through an area-specific rate or through a connection fee for redevelopment — either approach may be more attractive to perspective developers. There are also opportunities for leveraging wastewater utility capital projects to better serve redevelopment of the subarea. A new 1 8-inch gravity sewer line is planned from the north end of the subarea to the shoreline. The Consultant will work with City public works staff to identify synergies between this wastewater project and future redevelopment of the subarea. Task 5.3 Draft EIS Based on City comments on the preliminary draft EIS, The Consultant will prepare a draft EIS for public review. The Consultant will prepare the notice of availability for City publication. Task 5.4 Final EIS The final EIS will consist of a fact sheet, table of contents, draft EIS analysis corrections as needed, description of the preferred alternative if needed, and responses to comments. The Consultant will prepare a preliminary final EIS for City review and comment. Based on City comments, The Consultant will prepare a final EIS for public issuance. The Consultant will prepare the notice of availability for City publication. Task 5.5 Implementing SEPA Ordinances The Consultant will prepare the ordinance that designates the Planned Action. The ordinance will address all legal requirements as outlined in WAC 197-11-168. TASK 6. ANALYZE EXISTING CONDITIONS The Consultant will synthesize information from a variety of sources to create a concise and updated existing conditions analysis for the Eastside Employment Center. Key topics include: • Natural Environment • Land use and shorelines • Urban design :i,I April 5, 2019 Bremerton I Bremerton Eastside Employment Center U 8 • Transportation • Public Services • Utilities The Existing Conditions analysis will serve as a baseline for the Subarea Plan and will be designed to be included in the EIS as the Affected Environment. TASK 7. CRAFT VISION AND DEVELOPMENT GOALS The Consultant will work with staff and Steering Committee to synthesize the findings from the market analysis and existing conditions analysis to craft a preliminary vision statement and development goals that can be used to elicit input from the community. At the first public work session, the Consultant proposes to present the results of the market and existing conditions analysis. Then participants will engage in activities to review and refine the vision, goals and objectives for the subarea. At this time there may be alternate "visions" to serve as the basis for the alternatives. Task Deliverables: • Vision and Development Goals TASK 8. DEVELOP ALTERNATIVES Based on the market analysis, and public input on vision, the Consultant will develop plan alternatives addressing the following: • Land use and zoning for the center to indicate the general location and their associated development intensities • Open space and park framework • Protection of environmentally sensitive areas and compliance with regulations • Traffic circulation to identify vehicular, bicycle and pedestrian circulation • Environmental restoration • Storm water management • Implementation strategies • Preliminary planning-level cost estimates for public improvements and funding options Once the alternatives are developed the Consultant will present plan alternatives to the Steering Committee, Panning Commission, and City Council to gather input. These alternatives will serve to showcase different concepts that fit the vision and will be the foundation for the EIS analysis. While in some subareas, the alternatives simply explore different physical land use configurations or intensity levels, here it may be that the Consultant needs to consider different development processes such as: one major institution or type of use moves into the site, one large development corporation develops a master planned community, or development occurs incrementally over time. The medical center may be amenable to a demolition of the current facility, which would simplify some of the redevelopment concepts. Evaluating the feasibility and effects of different development modes would help identify a preferred development strategy to support the preferred subarea planning concept. :1111 Apr 5, 2019 Bremerton Bremerton Eastside Employment Center 9 To develop, refine and evaluate the alternatives the Consultant has defined the following sub-tasks: Task 8.1 Sketch Alternatives with the Staff and the Steering Committee Shortly after the first public work session to the Consultant will review the results with the Team/Steering Committee and work with them to identify three alternatives (including the no-action alternative). Task 8.2 Refine and Evaluate Alternatives The consultant team will refine the alternatives with respect to the elements bulleted above and coordinate this work with Task 5.2 the SEPA alternatives analysis for maximum efficiency. It will also be important to test the alternatives for their feasibility. The Consultant anticipates the following methods: First, the Consultant can run sketch pro-forma analyses of selected site plans to determine which development types are in the range of possibility — and identify what actions or incentives might be useful to increase development return on investment. Second, this would be a point in time to reach out to specific developers and prospective institutions to understand their willingness/interest in redeveloping the Bremerton Eastside Employment Center. Task 8.3 Review Alternatives with the Public At the second public work session, participants will review the alternatives and state their preferences. The event will be designed so that participants note what aspects of the alternatives they prefer so that the consultant team can combine those elements into a preferred planning concept. Task Deliverables: ■ Alternatives for public input ■ Presentations to City Council and Planning Commission TASK 9. PREPARE DRAFT SUBAREA PLAN The Consultant will prepare a draft Subarea Plan that can act as a roadmap for businesses, residents, and public agencies to partner and make investments needed to achieve the vision. The Subarea Plan will address the following topics: ■ Natural Environment • Land use, including industrial/manufacturing land use compatibility ■ Economic Development • Urban form, such as site design and performance standards Public Services and Infrastructure ` Transportation ■ Implementation, Monitoring, and Maintenance ■ Strategies and action steps for implementation • Appendices Plan development will involve the following three sub-tasks: :1111 April 5, 2019 Bremerton I Bremerton Eastside Employment Center I 10 Task 9.1 Sketch a Preferred (Alternative) Concept with the Staff and the Steering Committee Shortly after the second public work session the Consultant will review the results with the Team/Committee and work with them to combine the preferred elements into a sketch preferred concept. Task 9.2 Refine the Preferred Concept and Development Strategy The Consultant team will refine the concept with respect to the elements bulleted below. This preferred concept can serve as the "preferred alternative" for the EIS if that proves useful at the time. As noted in the introduction, a major focus of this step will be to identify a development strategy to implement the plan. Task 9.3 Review Preferred Alternative with the Public At the third public work session, participants will review the alternative and state their preferences. This is also a point for the City and Consultant team to begin building partnerships and refining the development strategy into a set of near- and long-term actions to pursue with potential partners. Proposed implementation actions in the Subarea Plan will apply land use, urban form, transportation, environmental, parks and open space, economic development, utilities and services, funding and implementation goals and actions. Potential implementation strategies include: • Proposed zoning regulations to support land use and economic development goals • Capital Improvement Plans • Area-wide green infrastructure strategies Task Deliverables: ■ Draft Subarea Plan for public input TASK 1 0. SHAPE PREFERRED & FINAL PLAN FOR ADOPTION The Consultant will refine the draft Plan based on input received and create a finalized Plan for the legislative process and adoption. The Consultant will support the legislative review process with the Planning Commission and City Council including public hearings, drafting the adopting resolution or ordinance, and providing supporting materials on the planning process and public outreach during plan development. The Consultant can also prepare promotional materials to help "market" the opportunities to potential development interests. Again, this SAP needs to be action oriented with the tools needed to move the City's activities forward. Task Deliverables: • Final Subarea Plan ■ Presentation materials for Planning Commission & City Council Meetings Assum ptions ■ Time may be transferred from one task to another due to greater or lesser level of effort, provided �i'I April 5, 2019 Bremerton I Bremerton Eastside Employment Center I 11 that each task shall be completed, and the total budget shall not be exceeded. • The City will provide available necessary government documents, studies, site plans, GIS data layers and mapping and other technical information pertaining to the study area, including any appropriate system plans, electronic GIS data, aerial photos, and drawings of areas within the project study area. • Research and data collection will be based on readily available secondary sources of information, including reports, inventories, maps and other similar literature from local government and other sources. • The Consultant will provide entire document(s), where applicable, in the native compatible formats used to create the document (i.e., MS Word, Excel, InDesign, etc.). • The City is responsible for public document reproduction and distribution of all public review and final drafts. • The City will provide consolidated review comments on preliminary draft documents. The Consultant's level of effort includes responses to City comments on a preliminary draft and confirmation of revisions in a public review draft prior to publication. • The City is responsible for meeting advertisements, room reservations, and other similar logistics. �i,I April 5, 20, Bremerton Bremerton Eastside Employment Center 1 2 11 Exhibit B - Work Schedule CITY OF BREMERTON• EASTSIDE EMPLOYMENT CENTER SUBAREA PLAN & EIS ANTICIPATED PROJECT SCHEDULE May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun O1.Launch Project/Team Kickoff(Staff&Consultants) 2.Engagement Strategy&4.Community Engagement • • • • • • • • • • • • • • • • 3.Market Analysis NNINIMIIIIIMIIIMIIM 6.Existing Conditions Analysis& 5.1 Affected Environment Report O7.1 Introduction,Vision,&Goals Discussion 7.2 Draft Goals&Scoping Meeting 8.1 Sketch Alternatives 8.2 Refine Alternatives 5.2 SEPA Alternatives Evaluation OPC/CC #8.3 Evaluate Alternatives O 9.1 Identify Preferred Concept SCHEDULE LEGEND 9.2 Draft Plan&Development Strategy O Key Staff,Consultants, Stakeholders Team Meetings O PC/CC 9.3 Review&Prioritize SEPA Hearing Public Worksessions 5.3 Draft EIS 10.Final Plan Q PlanningCouncilBriefingCommissis(if on d/City esired) �1Y/ 5.4 Final EIS 5.5 SEPA Ordinances • • •Outreach Activities PC/CC PC/CC O all Exhibit C— Budget .1.« ....9 .1...1,5 1 D..m, .�.,. .51.,n .511.., .D.... <Sn;1.M 5 5...•5.. �,0_.n .,411. 1<,..L, M S.�rn„< 5,9n11 a 5.>.< 510.9<n,<nr D$82n $30 3019 d. 8 A R.. 5210 3155 05 S135 $19Nu0 $270 BS 5]00 f0 585 4191 $199 :000 y .. nn M�ee.nem s,era.i 10 e . 0 • 0 0 • 0 0 4 0 • 40 $1908 2 a 0 0 0 0 0 2 0 0 0 0 08 $1440 <.re 0 , 41 0 0 0 0 0 0 0 0 14 102 018,840 .16 . le ,6 c . 0 44 40 28 8 0 14 $40,7276 40 �I 18 to 0 IDD e. 20 1. 4 6 IB 88 58 0 $941572 70 So58wo1 1 8 0 12 8 4 10 .1 8 062 810,080 $20 286 rep are Draft Suba.o Plan 841.144•1 , N 2. 8 1 0 I. .. 32 8 4 16102 .i >•Ie^roo 58,94 Pn14r.•61 6$8tolHPlanAda,.. 5.4.ee•1 14 18 4 11 8 0 0 12 0 0 1 2 880 $14,980 Toe*..4144 Neon 102 224 78 262 120 150 107 106 . 94 Go101eurell.) $58.220 534,230 $13,820 $35,320 811,00 $9230 $21,250 $21,40 $13,280 $9,010 $18,018 $8,512 511,00 5261200 $28130 •••nB� P 1 8 $2,770 $269920 AMR0 DATE(MM/DD/YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 05/06/2019 THIS CERTIFICATE IS ISSUED ASA 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 have ADDITIONAL INSURED provisions or 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 Kim Andrews-McClellan NAME: McDonald Insurance Group PHONE (425)827-7400 FAX (425)827-7402 (A/C,No,Ext): (A/C,No): A Member of The Partners Group E-MAIL kim@mcdonaldins.com ADDRESS: PO Box 3089 INSURER(S)AFFORDING COVERAGE NAIC# Kirkland WA 98083-3089 INSURER A: National Fire Insurance Co 20478 INSURED INSURER B: Continental Casualty Company 20443 BERK Consulting,Incy/. INSURER c: Underwriters at Lloyd's,London 15792 BERK&Associates,IDC. INSURERD: 0� SI 1 S d C1 — M` F r 2200 Sixth AVE,STE 1000 INSURER E: `/ V Y Seattle WA 98121 INSURER F: COVERAGES CERTIFICATE NUMBER: 2018 LIABILITY 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY / EACH OCCURRENCE $ 2,000,000 V CLAIMS-MADE X OCCUR)/ DAMAGPREMISES TO RENTED 300,000 PREMIS (Ea occurrence) $ MED EXP(Any one person) $ 10,000 A Y Y 4017749887 09/18/2018 09/18/20192,000,000 PERSONAL&ADV INJURY $ ''' 4 V GEN'L AGGREGATE LIMIT APPLIES PER: '" GENERAL AGGREGATE $ , , POLICY X PRO- 4,000,000 JECT LOC PRODUCTS $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 /, (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ t/ A OWNED SCHEDULED 4017749887 09/18/2018 09/18/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ X HIRED ONLY AUTOS X NON-OWNONLY ED PROPERTY DAMAGE (Per accident) $ AU $ 1 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB CLAIMS MADE 4017751039 09/18/2018 09/18/2019 AGGREGATE $ 2,000,000 V' DED X RETENTION$ 10,000 $ WORKERS COMPENSATION STATUTE X 0TH- AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A 4017749887 WA SG-EL 09/18/2018 09/18/2019 E.L.EACH ACCIDENT $ 1,000,000 / OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 V If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 PROFESSIONAL LIABILITY EACH CLAIM 2,000,000 C CLAIMS-MADE FORM W16985180501 09/18/2018 09/18/2019 AGGREGATE 2,000,000 ,r RETENTION 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:R0010389 Eastside Employment Center Market Analysis,Redevelopment&Subarea Plan,Planned Action EIS. The City of Bremerton is included as Additional Insured on General Liability as their interest may appear as respects operations performed by or on behalf of the Named Insured,as required by written contract.Primary and Non-Contributory and Waiver of Subrogation apply.Forms attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton / ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:Alyce Fierro V AUTHORIZED REPRESENTATIVE 345 6th ST,STE 100 Bremerton WA 98337-1891 /,,,.../'/221` . I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SB146932F CNA (Ed. 6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation -Blanket g3 I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a"written contract"to provide insurance, but only with respect to "bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or"property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F (6-16) Page 1 of 7 Copyright,CNA All Rights Reserved. CNA CNA (Ed. 6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.orf.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into,accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract.": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract"; b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a. through k. below; or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for"bodily injury", "property damage" or"personal and advertising injury" as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the"occurrence"giving rise to such "bodily injury"or"property damage"or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for"bodily injury", "property damage" or"personal and advertising injury" arising out of the ownership, maintenance, oruse of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury", "property damage"or"personal and advertising injury"arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or ---- SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. CNA (Ed. 6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury"or"property damage" included within the"products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury"cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a. through i. above. Such additional insured is an insured solely for"bodily injury", "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering or failure to render any professional services; (2) For"bodily injury"or"property damage" included in the "products-completed operations hazard." But this provision (2)does not apply to such "bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract"; and (b) The "written contract" requires you to make the person or organization an additional insured for such "bodily injury"or"property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a "written contract" rewires that this insuralice be either primary or primary and noncontributing, then this insurance will be priOry and non-contpibutory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (1) The"bodily injury"or"property damage"; or (2) The offense that caused the"personal and advertising injury.; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily od ly Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b.above apply to you or to any additional insured only when such "occurrence,"offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property MINIM "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of ---- SB146932F (6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. CNA CNA (Ed. 6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c, d, e, f, g, h, i, k, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB146932F (6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. s'1- --3- ACo E? CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) Ill.....,i 09/16/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms,_Sn conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer righito h 'g tbdriliii ),older in lieu of such endorsement(s). PRODUCER CONTACT Kim Andrews-McClellan NAME: The Partners Group Ltd PHONE (425)455-5640 FAX (425)455-6727 -MAIL.Ext): (A/C,No): 11225 SE 6th St.,Suite 110 ADDRESS: kandrews@tpgrp.com INSURER(S)AFFORDING COVERAGE NAIC# Bellevue City of Bremerton WA 98004INSURERA: National Fire Insurance of Hartford 20478 INSURED RISK Management INSURER B: Continental Casualty Company 20443 BERK Consulting,Inc INSURER C: Underwriters at Lloyds,London 2200 Sixth Avenue,Suite 1000 1 /T INSURER D: 1(-441) �(w 1,19. 1111 i' 1 SND INSURERE: Seattle I P — 1 WA 98121 INSURER F: COVERAGES CERTIFICATE NUMBER: 19-20 GL AL SG UM8 PL 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 CONTRACTOR 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. 1N'BR ®' ADDL SUER, POLICY EFF POLICY EXP LTR i TYPE OF INSURANCE INSD MO POLICY NUMBER IMM/DD/YYYYI (MMIDDIYYYY) LIMITS X(COMMERCIAL GENERAL LIABILITY / EACH OCCURRENCES 2,000,000 "TA o E c 3000 i CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ ,00 MED EXP(Any one person) $ 10,000 A Y Y 4017749887 09/18/2019 09/18/2020 2,000,000 _ PERSONAL 8 ADV INJURY $ 7 GEN'L AGGREGATE LIMIT APPLIES PER: ''Se/ GENERAL AGGREGATE $ ,000,000'� 4 PRO- __ l POLICY lXl JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 _ __ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ �� A OWNED SCHEDULED 4017749887 09/18/2019 09/18/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ , X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY i Per accident. - $ X UMBRELLA UAB 2,000,000 /f OCCUR EACH OCCURRENCE $ B EXCESS LIAR CLAIMS-MADE 4017751039 09/18/2019 09/18/2020 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER0TH- WA STOP GAP AND EMPLOYERS'LIABILITY Y N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER'MEMBER EXCLUDED? N/A 4017749887 09/18/2019 09/18/2020 (Mandatory in NH) E.L DISEASE-EA EMPLOYEE €$ 1,000,000 • E yes,describe under1,000,000 V OESCR:PTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I f$ EACH CLAIM $2,000,000 PROFESSIONAL LIABILITY C CLAIMS-MADE FORM I W16985190601 09/18/2019 09/18/2020 AGGREGATE $2,000,000 RETENTION $10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached N more space is required) Project#:R0010389 Eastside Employment Center Market Analysis,Redevelopment&Subarea Plan,Planned Action EIS. The City of Bremerton is included as Additional Insured on General Liability as their interest may appear as respects operations performed by or on behalf of the Named Insured,as required by written contract.Primary and Non-Contributory and Waiver of Subrogation apply.Forms attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:Alyce Fierro 345 6th ST,STE 100 AUTHORIZED REPRESENTATIVE ( Bremerton WA 98337-1891 Cl - -� v,.?t ., .c, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SB146932F CNA (Ed. 6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates, Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation-Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a"written contract"to provide insurance, but only with respect to "bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; loommi C. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA AD Rights Reserved. CNA CNA (Ed.6-16) e. Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient, part or container,entering into,accompanying or containing such products. 3. This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a"written contract.": 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract"; b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a.through k.below;or c. Coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard." But this paragraph C. does not apply to the extent coverage for such,liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you;or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for"bodily injury", "property damage"or "personal and advertising injury" as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily.injury''or "property damage" or the offense givingrise to such."personal,and advertising injury" takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury", takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the"occurrence"giving rise to such "bodily injury"or"property damage" or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for"bodily injury", "property damage"or"personal and advertising injury" arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury", "property damage"or"personal and advertising injury"arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction, erection, or removal of elevators;or (c) The ownership, maintenance or use of any elevators covered by this insurance;or = SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b) "Bodily injury"or"property damage"included within the"products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract", we will treat as a "written contract" any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage", or "personal and advertising injury"cause by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i. above. Such additional insured is an insured solely for"bodily injury", "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering or failure to render any professional services; (2) For"bodily injury"or"property damage" included in the"products-completed operations hazard." But this provision(2)does not apply to such"bodily injury"or"property damage"if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the"written contract";and (b) The "written contract" requires you to make the person or organization an additional insured for such"bodily injury"or"property damage";or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B.above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a"written contract" requires that this ip)surance be either primary or primary and noncontributing, then this insurance will be prim ty and non-c titributory relative solely to insurance on which the additional insured is a named insured. 11// V 2. Under Liability and Medical Expense Definitions,the following definition is added: "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed. 6-16) (1) The"bodily injury"or"property damage';or (2) The offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage. IL LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such"occurrence,"offense, claim or"suit"is known to: (1) You or any additional insured that is an individual; (2) Any partner,if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer"or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy;provided, however,coverage is afforded to such estates,heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B. Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: p k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care,custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4, of this exclusion do not apply to"property damage" (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner,or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage,the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c, d,e,f,g, h,I,k, I, m, n,and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured;or SB146932F(6-16) Page6of7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company)of the insured;and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)DiscriminatIon Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the,Policy remain unchanged, iniMEM SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.