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HomeMy WebLinkAbout6689 Docusign Envelope ID: BCE67579-6143-4D13-BACB-218F32D83AE2 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND ERIN STUART DESIGN PROJECT District Design 2024 CONSULTANT Erin Stuart Design DATE October 8, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Erin Stuart Design on May 7,2024 contract number 6689. 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 Exhibit A. Section II. Term is modified as follows: NO CHANGE Section III. Compensation is modified as follows: The original total contract amount was not to exceed $10,000. This modification increases that amount to a total contract amount not to exceed $12,600 per Exhibit C. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and fmal 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. Page 1 of 2 Contract Modification Rev. 09/2021 Docusign Envelope ID: BCE67579-6143-4D13-BACB-218F32D83AE2 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. CON, I TUTANT THE CITYS.O bBREMERTON By: Fc2o3Ee-1-o 4r r�i n Stuart By: oc�e.''- az encer Print Name: Print Name: p Its: Owner Its: Di rector of Public works 10/23/2024 10/23/2024 Date: Date: APPROVED AS TO FORM: ATTEST: Signed by: Signed by: ,y B . kidA rbtr" B QIt1�t,{.A. C1 bbu�,V` Y' �2AC�CE3331[30462... y' 241,6E-D E45C4-1-F... KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Erin Stuart Andrea L. Spencer Erin Stuart DBA Erin Stuart Design Director of Community Development 911 Cogean Ave City of Bremerton Bremerton, WA 98337 345 6th Street, Suite 100 erinstuartdesign@gmail.com Bremerton, WA 98337 (360) 473-5283 R:ALegal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.09 2021.docx Page 2 of 2 Contract Modification Rev. 09/2021 Docusign Envelope ID: BCE67579-6143-4D13-BACB-218F32D83AE2 Exhibit A Scope of Work 1. City of Bremerton District 1 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait, f 25-35 pages 2. City of Bremerton District 2 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 25-35 pages 3. City of Bremerton District 3 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 30-40 pages 4. City of Bremerton District 4 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 30-40 pages 5. City of Bremerton District 5 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 25-35 pages 6. City of Bremerton District 6 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 30-40 pages 7. City of Bremerton District 7 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format; 8.5x11"portrait,f 40-50 pages 8. Updates/Edits to District 1-7 Digests Including updating Permit Statistics page in each digest, adding Active Transportation section to each digest, and updating Current Conditions maps in each digest(56 maps total) 9. Cover Design for Comprehensive Plan Layout and design of cover,to be delivered in PDF format Updated 10/08/2024 Docusign Envelope ID: BCE67579-6143-4D13-BACB-218F32D83AE2 Exhibit C Compensation Pricing Design and Layout, City of Bremerton District Digest, Council Districts 1-7 $11,200.00 Administrative Costs and Licensing Fees $1,400.00 Total $12,600.00 Customary (primarily text-based) edits are included in pricing above. Major edits necessitating complete redesign of one or more pages of the document, or creation of additional pages, will be billed separately. Updated 10/08/2024 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 PROFESSIONAL SERVICES AGREEMENT [2024 Comprehensive Plan Update] The City of Bremerton ("City") and Erin Stuart Design ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 12, 2024, 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. IL 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 X.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 $10,000.00. 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 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 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. Indenmification: 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 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. 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 Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any 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. Page 3 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 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. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant shall,upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 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 Bremerton, 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 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 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 Bremerton, 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. L 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: Garrett Jackson Attn: Erin Stuart City of Bremerton Erin Stuart Design 345 6th Street, Suite 100 911 Cogean Ave Bremerton, WA 98337-1891 Bremerton, WA 98337 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page 5 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 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 Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subConsultants, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity,marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. 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 Page 6 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 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 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. XI. Suspension & Debarment. For contracts involving Washington State and 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 State or 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, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON ERIN STUART DESIGN DocuSigned by: DocuSigned by: By. o�.����au�`'A4riarea L. spencer By. c�s,�x�y,su�tEA46Erin Stuart Print Name: p Print Name:u Its: Director of Community Development Its: Owner Date: 5/7/2024 Date: 5/6/2024 APPROVED AS TO FORM: ATTEST: DocuSigned by: DocuSigned by: itit By: 6"41r6uBy: 2ACBE $1 462. 24E@5rE45C41 F... Kylie J. F inne1I,4remerton City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev.04 2023.docx Page 7 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID:F5552CPD5F28-439E-901F50904894F249 Exhibit A SCOPE OF WORK 1. City of Bremerton District 1 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11'portrait,±25-35 pages 2. City of Bremerton District 2 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11"portrait,±25-35 pages 3. City of Bremerton District 3 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11"portrait,±30-40 pages 4. City of Bremerton District 4 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format 8.5x11'portrait,±30-40 pages 5. City of Bremerton District S Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11'portrait,±25-35 pages 6. City of Bremerton District 6 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11'portrait,±30-40 pages 7. City of Bremerton District 7 Digest 2024 Comprehensive Plan Update Layout and design of full document to be delivered in PDF format;8.5x11'portrait,±40-50 pages Page 8 of 10 Bremeiton/Erin Stuart District Digests 2024 Rev.04/2023 DocuSign Envelope ID: F5552CAD-5F2B-439E-901 F-50904894F249 Exhibit B Work Schedule Once a design direction is chosen, turnaround for all seven (7) documents (as outlined in Exhibit A), will be approximately eight(8) weeks, with a goal of publishing in June of 2024. This timing is dependent on receipt of collateral from the City in a timely manner. Collateral required to complete work outlined in Exhibit A: 1. Native files for text of each document(Word, PowerPoint) 2. Native files for data visualization (Word, Excel, PowerPoint) 3. Native files for GIS/mapping(export from City's GIS in PDF format preferred) Page 9 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 DocuSign Envelope ID:F5552CAD-5F2B-439E-901 F-50904894F249 Exhibit C Compensation PRICING Design and Layout,City of Bremerton District Digest,Council Districts 1-7 $9,200.00 Administrative Costs and Licensing Fees $800.00 Total $10,000.00 Customary(primarily text-based)edits are included in pricing above. Major edits necessitating complete redesign of one or more pages of the document will be billed separately. Page 10 of 10 Bremerton/Erin Stuart District Digests 2024 Rev. 04/2023 7-I") ACORD pD DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE L.. 03/01/2024 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 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 NAME: Next First Insurance Agency,Inc. PHONE (855)222-5919 FAX PO Box 60787 (AIC,No,Ezt): (AIC,No): Palo Alto,CA 94306 E-MAIL ADDRESS: pp su ort@nextinsurance,com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: State National Insurance Company,Inc. 12831 INSURED INSURER B: Erin Stuart Erin Stuart DBA Erin Stuart Design INSURER C: 911 Cogean Ave INSURER D: Bremerton,WA 98337 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:949791749 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $500,000.00 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000.00 MED EXP(Any one person) $5,000.00 A X X NXTHTR3VT9-00-GL 03/01/2024 03/01/2025 PERSONAL&ADV INJURY $500,000.00 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000.00 X POLICY JEC PRO T LOC PRODUCTS-COMPIOP AGG $1,000,000.00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? N IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Certificate Holder is City of Bremerton,A Waiver of Subrogation applies in favor of this Certificate Holder on the following policies;General Liability,This Certificate Holder is an Additional Insured on the General Liability policy on a primary and non-contributory basis.This Certificate Holder is an Additional Insured on the General Liability policy with respect to ongoing operations.This Certificate Holder is an Additional Insured on the General Liability policy with respect to completed operations.General Liability coverage applies for Graphic Designers operations.All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured, and are subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Bremerton LIVE CERTIFICATE 346 6th St Ste 100 0 , r', ' E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 111441.4r Bremerton,WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN . , ACCORDANCE WITH THE POLICY PROVISIONS, G GG AUTHORIZED REPRESENTATIVE ,ti 5 aft- a . ,, „I Click Or Scan t0 view ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 02 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NXTHTR3UT9.00-GL 03/01/2024 State National Insurance Company, Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Erin Stuart Erin Stuart DBA Erin Stuart Design 911 fogean Ave Bremerton,WA 98337 Ann Ryan COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Return Total 80.00 ()Iv- Authorized Representative Signature IL 12 011185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 2 0 Copyright, ISO Commercial Risk Services, Inc., 1983 SCHEDULE OF POLICY CHANGES It is understood and agreed that: The following forms are added: NXT-0084 BM GL 0218- Designated Additional Insured - Primary Insurance CG 20 101219-Additional Insured -Owners, Lessees or Contractors-Scheduled Person or Organization CG 20 371219-Additional Insured -Owners, Lessees or Contractors-Completed Operations All other terms and conditions remain unchanged. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 2 of 2 0 Copyright, ISO Commercial Risk Services, Inc., 1983 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED - PRIMARY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person or Organization: City of Bremerton 346 6th St Ste 100 Bremerton,WA 98337 I. SECTION II -WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations;or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. II. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. III. Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured. All other terms and conditions of the policy remain unchanged. NXT-0084 BM GL 0218 Includes material copyrighted by Insurance Services Office, Inc. used with its Page 1 of 1 permission POLICY NUMBER: NXTHTR3VT9-00-GL COMMERCIAL GENERAL LIABILITY CG 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Bremerton WA 346 6th St Ste 100 Bremerton,WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III —Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: NXTHTR3VT9-00-GL COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations City of Bremerton Graphic Designers services in WA 346 6th St Ste 100 Bremerton,WA 98337 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III —Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of insurance; 1. The insurance afforded to such additional insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 01 POLICY NUMBER POLICY CHANGES COMPANY EFFECTIVE NXTHTR3UT9.00-GL 03/01/2024 State National Insurance Company, Inc. NAMED INSURED AUTHORIZED REPRESENTATIVE Erin Stuart Erin Stuart DBA Erin Stuart Design 911 fogean Ave Bremerton,WA 98337 Ann Ryan COVERAGE PARTS AFFECTED Commercial General Liability Coverage Part CHANGES SEE ATTACHED SCHEDULE Additional Total 830.00 ()Iv- Authorized Representative Signature IL 12 011185 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 2 0 Copyright, ISO Commercial Risk Services, Inc., 1983 SCHEDULE OF POLICY CHANGES It is understood and agreed that: The following forms are added: CG 24 041219-Waiver Of Transfer Of Rights Of Recovery Against Others To Us(Waiver Of Subrogation) All other terms and conditions remain unchanged. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 2 of 2 0 Copyright, ISO Commercial Risk Services, Inc., 1983 POLICY NUMBER: NXTHTR3VT9-00-GL COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1