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HomeMy WebLinkAboutCAG2023-138 - Original - Lingeman Valuation & Consulting, LLC - Appraisal Review Services for S 218th St: 98th Ave S from 94th - 03/07/2023Karin B. for Cheryl Rolcik-Wilcox Public Works 03/07/2023 3/10/2023 N/A R90110 N/A Lingeman Valuation & Consulting Contract Original S 218th St - 98th Ave S from 94th Contractor shall provide appraisal review services Direct Negotiation 12/31/2023 CAG2023-138 3/7/23 $2000.00 • KENT WASHINOTON PROFESSIONAL SERVICES AGREEMENT between the City of Kent and Lingeman Valuation & Consulting, LLC THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Lingeman Valuation & Consulting, LLC, organized under the laws of the State of Washington, located and doing business at PO Box 455, Amboy, WA 98601, Phone: (360) 909-0855, Contact: Jim Lingeman (hereinafter the "Contractor"). I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City: The Contractor shall provide appraisal review services for the S. 218th Street - 98th Avenue S from 94th project. For a description, see Exhibit A which is attached and incorporated by this reference. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement, and the Contractor shall complete the work by December 31, 2023. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Two Thousand Dollars ($2000.00) for the services described in this Agreement. The Contractor shall invoice the City monthly based on time and materials incurred during the preceding month. The hourly rates charged for the Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PROFESSIONAL SERVICES AGREEMENT - ($20,000 or Less) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non -Discrimination Policy Declaration and comply with City Administrative Policy 1.2. PROFESSIONAL SERVICES AGREEMENT - 2 ($20, 000 or Less) VIII. INDEMNIFICATION. The Contractor 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 Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated by this reference. X. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. PROFESSIONAL SERVICES AGREEMENT - 3 ($20,000 or Less) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Reauired. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PROFESSIONAL SERVICES AGREEMENT - 4 ($20,000 or Less) J. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By: Print Name: Carla Maloney, P.E. Its: Dee/si1`?913 n Engineering Manager DATE: 3 6 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Jim Lingeman Chad Bieren, P.E. Lingeman Valuation & Consulting, LLC City of Kent PO Box 455 220 Fourth Avenue South Amboy, WA 98601 Kent, WA 98032 (360) 909-0855 (telephone) (253) 856-5500 (telephone) iim(cDlvcnw.com (email) kbayes(cDkentwa.gov (email) ATTEST: guk Kent City Clerk PROFESSIONAL SERVICES AGREEMENT - 5 ($20, 000 or Less) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally -Assisted Programs Of The Department Of Transportation -Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally - assisted programs of the U.S. Department of Transportation, State -assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); iii. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. By: For Title Dat EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING POLICY: SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non -Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 EXHIBIT A Maloney, Carla From: jim@lvcnw.com Sent: Wednesday, February 1, 2023 3:34 PM To: Rolcik-Wilcox, Cheryl Cc: Martindale, Delores; Duran, Lizeth Subject: RE: City of Kent - Appraisal Reviews EXTERNAL EMAIL Yes, that is correct Respectfully, jim Lingemay, SHWA ASA ,�FDU, MWAA "M Lingeman 'Valuation & Consulting PO Box 455 .Amboy, 1NA 98601 360.909.0855 - cell Certified Genera(Appraiser IV VOV-TD Certified SBE www.fvcnw.com Jeremiah 29:11 - `For I know the plans 1 have for you, " declares the lord, plans to prosyer you and not to harm you, plans to give you hope anda future." From: Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.gov> Sent: Wednesday, February 1, 2023 3:28 PM To: jim@lvcnw.com Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov> Subject: RE: City of Kent - Appraisal Reviews Hi Jim - Thanks for the quick response! Q So to clarify for our contract manager, you will provide the City with two appraisal reviews (the property owners' names are Alverson and Avila) for $1,000 per review, for a total of $2,000.00 with a turnaround of 7-10 days from full execution of the contract for services, correct? - Cheryl From: jim@lvcnw.com <iim@lvcnw.com> Sent: Wednesday, February 1, 2023 3:13 PM To: Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.gov> Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuranCa@kentwa.gov> Subject: RE: City of Kent - Appraisal Reviews EXTERNAL EMAIL Thank you for reaching out and extending this opportunity. Complete field reviews $1,000/review and 7-10 day turnaround Respectfully, jim lingema S1ry/YVA -45-4, I�-4- ; M-Al-m lingeman Taluation & Consulting PO Box 455 Amboy, IWA 98601 36o.gog.o8.5.5 - cell Certified General.Alppraiser-W-A,/OR/ID Certified SBE www.fvcnw.com Jeremiah 29a1 - "For I know the pCans I have for you," declares the lord, "plans to prosper you and not to harm you, yCans to give you hope anda future." From: Rolcik-Wilcox, Cheryl <CRolcik-Wilcox@kentwa.gov> Sent: Wednesday, February 1, 2023 2:52 PM To: jim@lvcnw.com Cc: Martindale, Delores <DMartindale@kentwa.gov>; Duran, Lizeth <LDuran@kentwa.gov> Subject: City of Kent - Appraisal Reviews Hi Jim! Rich Duncan recommended that I reach out to you regarding a couple of appraisal reports that he prepared for the City of Kent that we need to have reviewed. I'm hoping that you can provide me with a bid for your review services and your turnaround time. It doesn't have to be anything really formal - a response to this email is fine. Q Please let me know if you need any additional information. Thank you and I look forward to hearing from you soon! Cheryl Rolcik-Wilcox (she/her), Property & Acquisition Analyst Engineering i Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5587 crolcik-wilcox@KentWA.aov CITY OF KENT, WASHINGTON KentWA.gov Facebook YouTube Instaaram PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MATI_. 3 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS 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, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products -completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also 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. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. THE HARTFOR❑ BUSINESS SERVICE CENTER THE 3600 WISEMAN BLV❑ HARTFORD SAN ANTONIO TX 78251 City of Kent - Public Works 220 4TH AVE S KENT WA 98032 Account Information: JAMES LINGEMAN ❑IRA Policy Holder Details: LINGEMAN VALUATION & CONSULTING February 3, 2023 Ll Contact us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTR005 .<ar_ CERTIFICATE OF LIABILITY INSURANCE - DATE 02/03/2 23 oziosizozs THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS 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($). PRODUCER CONTACT NORTHEAST AGENCIES INC/PHS 01214608 NAME, PHONE (866)467-8730 (A1C, No, Ext): FAX (AIC, No): The Hartford Business Service Center E-MAL 3600 Wiseman Blvd San Antonio, TX 78251 ADDRESS: INSURERS) AFFORDING COVERAGE NAIC# INSURED INSURER A : Sentinel Insurance Company Ltd. 11000 JAMES LINGEMAN DBA LINGEMAN VALUATION & CONSULTING INSURER B: PO BOX 455 INSURERC: AMBOY WA 98601-0029 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIY YYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE �OCCUR DAMAGE TO RENTED PREMISES fEaoccurrence) $1,000,000 X MED EXP (Any one person) $10,000 General Liability A X 01 SBM AT9917 12/13/2022 12/13/2023 PERSONAL & AOV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 POLICY ❑ PRO- LOC JECT PRODUCTS - COMPIOPAGG $2.000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ❑ Ident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $5,000,000 A E%CESS LIAB CLAIMS. MADE 01 56M AT9917 1211312022 12113/2023 AGGREGATE $5,000,000 EQ X RETENTION $ 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT ANY YIN PRO PRI£TORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED? NIA E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below A EMPLOYMENT PRACTICES LIABILITY 01 SBM AT9917 12/13/2022 12/13/2023 Each Claim Limit Aggregate Lirrlit $10,000 $10,000 DESCRIPTION OF OPERA7IONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space Ts required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Farm SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Kent - Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 220 4TH AVE S BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED KENT WA 98032 IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE �AUTHORIZED © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD HUDSON INSURANCE COMPANY 100 William Street, 51" Floor New York, NY 10038 HUDSON REAL ESTATE APPRAISERS ERRORS AND OMISSIONS INSURANCE POLICY DECLARATIONS NOTICE: THIS IS A "CLAIMS MADE AND REPORTED" POLICY. THIS POLICY REQUIRES THAT A CLAIM BE MADE AGAINST THE INSURE❑ DURING THE POLICY PERIOD AN❑ REPORTE❑ TO THE INSURER, IN WRITING, ❑URING THE POLICY PERIOD OR AUTOMATIC EXTENDE❑ REPORTING PERIOD. THIS POLICY MAY CONTAIN PROVISIONS WHICH LIMIT THE AMOUNT ❑F CLAIM EXPENSES THE INSURER IS RESPONSIBLE TO PAY IN CONNECTION WITH CLAIMS. CLAIM EXPENSES SHALL BE SUBJECT TO ANY DEDUCTIBLE AMOUNT. THE PAYMENT OF CLAIM EXPENSES WILL REDUCE THE LIMITS OF LIABILITY STATED IN ITEM 4. OF THE DECLARATIONS. PLEASE READ YOUR POLICY CAREFULLY. PLEASE READ THIS POLICY CAREFULLY. Policy Number: PRA-2AX-1013964 1. Named Insured: James E Lingeman 2. Address: 40515 NE 161ST AVE AM BOY, WA 98601 3. Policy Period: From: December 8, 2022 Renewal of: PRA-2AX-1006037 To: ❑ecember 8. 2023 12:01 A.M. Standard Time at the address of the Named Insured as stated in Number 2 above 4. Limit of Liability Each Claim Policy Aggregate ❑amages Limit of Liability A. $1,000,000 B. $2,000,000 Claims Expense Limit of Liability C. $1,000,000 D. $2,000,000 5. ❑eductible (Inclusive of Claims Expenses): 5A. 500 Each Claim 5B. $1,000 Aggregate 6. Policy Premium: $823.00 State Taxes/Surcharges: $0.00 7. Retroactive Date: December 8. 2011 8. Notice to Company: Notice of a Claim ❑r Potential Claim should be sent to: Hudson Insurance Group 100 William Street, 51 Floor New York, NY 10038 Fax: 646-216-3786 Email: hudsonclaims3COahudsoninsgroup.com 9. A. Program Administrator: Riverton Insurance Agency Corp. B. Agent/Broker: OREP Insurance Services, LLC (888) 347-5273 IN WITNESS WHEREOF We have caused this policy to be executed by ❑ur President and our Corporate Secretary at New York, New York President Secretary PRA100 (01/20) Page I 1 SCHEDULE OF FORMS The following forms are attached to the policy: Farm # Form Title PRA100 (01/20) Real Estate Appraisers Errors and Omissions Insurance Policy Declarations PRA101 (03/20) Real Estate Appraisers Errors and Omissions Insurance Policy HIC SIG Page (12116) Signature Page PRA104 (01/20) Schedule of Forms IL P 001 01 04 U.S. Treasury Department's Office of Foreign Assets Control {" OFAC") Advisory Notice to Policyholders Various State -Specific Policyholder Notices (if Applicable) Various State -Specific Amendatory Coverage Endorsement PRA104 (02/20) REAL ESTATE AND OMISSIONS INSURANCE POLICY Provided By HUDSON INSURANCE COMPANY Administrative Offices: 100 William Street 5t" Floor New York, New York 10038 HUDSON INSURANCE COMPANY REAL ESTATE APPRAISERS ERRORS AND OMISSIONS INSURANCE POLICY TABLE OF CONTENTS I. INSURING AGREEMENTS.......................................................... 1 II. LIMITS OF LIABILITY AND DEDUCTIBLE ........................................ 2 III. ❑EFINITIONS............................................................................. 5 IV. EXCLUSIONS............................................................................ 8 V. CONDITIONS............................................................................ 11 VI EXTENDE❑ REPORTING PERIODS .............................................. 15 PRA 101 (02/20) TOC HUDSON INSURANCE COMPANY A "Stock" Company Administrative Office: New York, NY 10038 THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. REAL ESTATE APPRAISERS ERRORS AND OMISSIONS INSURANCE POLICY Words and phrases that appear in Bold print have special meanings that are defined in section Ill., DEFINITIONS. I. INSURING AGREEMENTS A. Coverage The Company will pay on behalf of the Named Insured all sums in excess of the deductible that the Named Insured becomes legally obligated to pay as Damages and Claim Expenses as a result of a Claim first made against the Named Insured and reported in writing to the Company during the Policy Period or Extended Reporting Period (if applicable) by reason of an act or omission, including Personal Injury, in the performance of Professional Services by the Named Insured, provided that: 1. No such act or omission, or Related Act or Omission, was committed prior to the Retroactive Date; and 2. Prior to the inception date of the first policy issued by the Company, and continuously renewed, the Named Insured had no basis to believe that any such act or omission, or Related Act or Omission, might reasonably be expected to be the basis of a Claim. B. Defense The Company has the right and duty to defend any Claim against the Named Insured even if any of the allegations of the Claim are groundless, false or fraudulent. Defense counsel may be designated by the Company or, at the Company's option, by the Named Insured with the Company's written consent and subject to the Company's guidelines. C. Settlement The Company will have the right to make, with the consent of the Named Insured, any settlement of a Claim under this policy. If the Named Insured refuses to consent to a settlement within the policy's applicable Damages limit of liability that is recommended by the Company and acceptable to the claimant, then the Company's liability for: PRA 101 (03/20) F, e, g e 18 Z. Damages will be limited to the amount of total Damages for which the Claim could have been settled, and 50% of all Damages incurred after the date on which the Named Insured refused to consent to the settlement, subject to the amount shown in item 4A. in the Declarations for "Damages Limit of Liability - Each Claim", and 2. Claims Expenses will be limited to the amount of Claim Expenses incurred up to the date on which the Named Insured refused to consent to the settlement, and 50% of all Claims Expenses incurred after such date, subject to the amount shown in item 413. in the Declarations for "Claim Expenses Limit of Liability - Each Claim", subject to all terms, conditions, and limitations of the policy. D. Exhaustion of Limits The Company is not obligated to pay any Damages or Claim Expenses, or to defend or continue to defend any Claim, after the Damages limit of liability has been exhausted, or after the Company has deposited the remaining Damages limit of liability into a court of competent jurisdiction or tendered the remaining Damages limit of liability to the Named Insured or, if applicable, to the excess insurer(s) of the Named Insured, regardless of whether the Claim Expenses limit of liability has been exhausted. II. LIMITS OF LIABILITY AND DEDUCTIBLE A. Damages Limit of Liability - Each Claim Subject to paragraph C. below, the Company's limit of liability for Damages for each Claim first made and reported in writing to the Company during the Policy Period will not exceed the amount shown in item 4A. in the Declarations for "Damages Limit of Liability - Each Claim". B. Claims Expenses Limit of Liability - Each Claim Subject to paragraph D. below, the Company's limit of liability for Claim Expenses for each Claim first made and reported in writing to the Company during the Policy Period will not exceed the amount shown in item 413. in the Declarations for "Claim Expenses Limit of Liability - Each Claim". C. Damages Limit of Liability - Policy Aggregate The Company's limit of liability for Damages for all Claims first made and reported in writing to the Company during the Policy Period will not exceed the aggregate amount shown in item 4C. in the Declarations as the "Damages Limit of Liability - Policy Aggregate". PRA 101 (03120)19 D. Claims Expenses Limit of Liability - Policy Aggregate The Company's limit of liability for Claim Expenses for all Claims first made and reported in writing to the Company during the Policy Period will not exceed the aggregate amount shown in item 4D. in the Declarations as the "Claim Expenses Limit of Liability - Policy Aggregate." E. Deductible 1. Each Claim Subject to paragraph 2. and 3. below, the deductible amount shown in Item 5A. in the Declaration is the Named Insured's deductible obligation for each Claim and applies to the payment of Damages and Claim Expenses. The deductible will be paid by the Named Insured. The limits of liability set forth in the Declarations are in addition to, and in excess of, the deductible. 2. Aggregate The deductible amount shown in Item 58. in the Declarations is the Named Insured's maximum deductible obligation for all Claims. 3. Deductible Waiver For Enrollment in Approved Loss Control Program The Named Insured's obligation to pay the deductible amount stated in item 5A. in the Declarations will be waived for each Claim, but not to exceed a maximum amount of $5,000 for each Claim, provided the Named Insured is enrolled in and actively participates in a risk management or loss control program approved by the Company_ Provided, however, that the obligation to pay the deductible will not be waived if the Named Insured in connection with any Claim had an ownership interest in the property. F. Supplementary Payments Supplementary payments are not subject to the deductible and are in addition to the limits of liability. I. Reimbursement of Expenses The Company will pay up to $500 for loss of earnings to the Named Insured for each day, or part of a day, the Named Insured is in attendance, at the Company's request, at a trial, hearing, mediation or arbitration proceeding involving a Claim against the Named Insured. The maximum amount payable, regardless of the number of trials, hearings, mediations or arbitration proceedings, shall be $10,000 per Claim and $25,000 per Policy Period. 2. Disciplinary Actions PRA 101 (03/20) ' g c 110 The Company will reimburse the Named Insured for reasonable attorneys' fees, costs and expenses incurred resulting from the investigation or defense of a disciplinary action first received by the Named Insured and reported in writing to the Company during the policy period by reason of an act or omission in the performance of Professional Services. The maximum amount payable, regardless of the number of disciplinary actions, shall be $10,000 per Claim and $25,000 per policy period. The Company shall not be obligated to defend any disciplinary action, or pay any fine, penalty or award resulting from any disciplinary action. 3. Subpoena Expenses The Company will pay expenses incurred while assisting the Named Insured in responding to a subpoena which the Named Insured first receives and reports in writing to the Company during the Policy Period resulting from the performance of Professional Services by the Named Insured. The maximum amount payable for subpoena expenses is $25,000 per subpoena; provided, however, that all subpoenas arising out of related acts or omissions shall be deemed to constitute a single subpoena. 4. Reputation Protection Expenses The Company will pay up to $5,000 for Reputation Protection Expenses incurred by the Named Insured when responding to a Reputation Event first made and first reported in writing to the Company within 60 days of said Reputation Event and during the Policy Period or automatic Extended Reporting Period. $5,000 is the m Company Maximum the will pay regardless of the number of Reputational Event(s). 5. Reimbursement for Security Incident The Company will reimburse the Named Insured for any Security Incident Response Expenses incurred in response to a Security Incident first taking place and reported to the Company during the Policy Period up to a maximum of $25,000 per Security Incident and $50,000 for all Security Incidents first taking place and reported to the Company during the Policy Period. G. Early Claim Resolution Incentive If a Claim is resolved by: 1. mediation, or 2. settlement, with the consent of the Named Insured and the Company, within one (1) year following the date that the Claim is reported in writing to the Company, the Named Insured will be reimbursed or credited 50% of the deductible, but not to exceed a reimbursement of $5,000 per Claim and $25,000 per Policy Period for all such Claims resolved or concluded in accordance with this section II.G. PRA 101 (03/20) i' a g e 111 H. Multiple Claims and Claimants The limits of liability for Damages and Claims Expenses shown in the Declarations is the maximum amount the Company will pay under this policy for Damages and Claims Expenses, respectively, regardless of the number of Claims made or claimants. All related Claims, whenever made, shall be considered a single Claim first made when the earliest of the related Claims was first made, and first reported when the earliest of the related Claims was reported in writing to the Company; provided, however, that the Named Insured must report all Claims as soon as reasonable in accordance with Section V. CONDITIONS, paragraph A.1. I. Multiple Policies If this policy and any other policy issued by the Company provide coverage for the same Claim against the Named Insured, the maximum limit of liability under all the policies combined shall not exceed the highest remaining applicable limit of liability for the Claim under any one policy. J. Coverage Extension The Company will pay, as part of the applicable Limit of Liability, up to $100,000 to the Named Insured for Damages and Claims Expenses as a result of all Claims reported to the Company during the Policy Period by reason of a Claim brought against the Named Insured, and arising out of Professional Services rendered on behalf of the Named Insured, for discrimination on the basis of race, creed, color, age, gender, national origin, religion, disability, marital status or sexual preference, including resulting Personal Injury. This sub -limit is an aggregate limit of liability that is included within, and not addition to the Damages or Claim Expenses Limit of Liability — Policy Aggregate stated in the Declarations. K. Contingent Bodily Injury or Property Damage Coverage Notwithstanding any exclusion to this policy, the Company will pay on behalf of the Named Insured all sums in excess of the deductible that the Named Insured becomes legally obligated to pay as Damages and Claim Expenses as a result of Bodily Injury or Property Damage otherwise covered under this policy, subject to an aggregate maximum sublimit of liability of $100,000 for all such Bodily Injury or Property Damage Claims (herein referred to as the Bodily Injury or Property Damage Sublimit). The Bodily Injury or Property Damage Claims Sublimit is an aggregate limit of liability that is included within, and not addition to the Damages or Claim Expenses Limit of Liability Policy Aggregate stated in the Declarations. PRA 101 (03/20) i' a g c 112 Ill. DEFINITIONS A. Bodily Injury means physical injury, sickness or disease sustained by any person including death resulting from any of these at any time. Bodily Injury also means B. mental illness, mental anguish, emotional distress, pain, suffering, or shock sustained by that person, whether or not resulting from physical injury, sickness, disease or death of any person. C. Bodily Injury or Property Damage Claim means any Claim arising out of or based upon Bodily Injury or Property Damage and results solely from an act or omission committed by the Insured in the performance of Professional Services. D. Claim means a demand for money or services received by the Named Insured arising out of an act or omission in the performance of Professional Services. A Claim also includes the service of suit or the institution of an arbitration proceeding against the Named Insured. E. Claims Expenses means: 1. Fees charged by attorneys designated by the Company or designated by the Named Insured with the Company's prior written consent; 2. All other reasonable and necessary fees, costs and expenses resulting from the investigation, adjustment, negotiation, arbitration, mediation, defense or appeal of a Claim, if incurred by the Company or by the Named Insured with the Company's prior written consent; and 3. Premiums on appeal bonds, attachment bonds or similar bonds; provided, however, the Company is not obligated to apply for or furnish any such bond. Claims Expenses do not include fees, costs or expenses of employees or officers of the Company, or salaries, loss of earnings or other remuneration by or to the Named Insured. F. Company means the insurance company named in the Declarations. G. Damages means any compensatory sum and includes a judgment, award or settlement, provided any settlement is negotiated with the Company's written consent. Damages also includes punitive or exemplary amounts, to the extent such amounts are insurable under the applicable state law. Damages do not include: 1. The return, reduction or restitution of fees, commissions, expenses or costs for professional services performed, or to be performed, by the Named Insured and injuries that are a consequence of any fees, commissions, expenses or costs charged by the Named Insured; PRA 101 (03/20) r: n e 113 2. Fines, penalties, forfeitures or sanctions; 3. The multiplied portion of any multiplied awards; or 4. Injunctive or declaratory relief. H. Disciplinary Action means a proceeding before any state licensing board, local real estate board or other governmental body regulating professional conduct, alleging misconduct in providing Professional Services. Disciplinary Action does not include criminal charges. I. Extended Reporting Period means the period of time after the end of the Policy Period for reporting Claims to the Company that are made against the Named Insured during the applicable Extended Reporting Period by reason of an act or omission, which was committed prior to the end of the Policy Period and on, or subsequent to, the Retroactive Date and is otherwise covered by this policy. J. Fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by Fungi. K. Insured means the Named Insured. L. Named Insured means the person specified in item 1. in the Declarations. Named Insured also includes: 1. The estate, heirs, executers, administrators assigns and legal representatives of the Named Insured in the event of such Named Insured's death, incapacity, insolvency or bankruptcy, and 2. the lawful spouse or a qualifying domestic partner of the Named Insured, but only for liability arising out of Professional Services performed by the Named Insured. M. Personal injury means injury other than Bodily Injury arising out of one or more of the following offenses, by reason of an act or omission by the Named Insured in the performance of Professional Services: 1. False arrest, detention or imprisonment; 2. Malicious prosecution; 3. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; 4. Oral or written publication, in any manner, of material that: a. Slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or b. Violates a person's right of privacy; Except, in either case, oral or written publication in any manner which arises out of advertising, broadcasting or telecasting activities conducted by, or on behalf of, the Named Insured. PRA 101 (03/20) ' g c 114 M Policy Period means the period of time from the effective date shown in item 3. in the Declarations to the earliest of the date of termination, expiration or cancellation of this policy. N. Pollutants means any solid, liquid; gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. O. Property Damage means: 1. Physical Injury to tangible property, including all resulting loss of use of that property; or 2. Loss of use of tangible property that is not physically injured. P. Professional Services means services performed for others by the Named Insured in the capacity as a properly licensed or certified appraiser of real estate, notary public, expert witness, or a member of a real estate accreditation, standards review or similar real estate board or committee. Professional Services does not include the supervision of, subcontracting to, assignment to or referral of any portion of any contract, project or engagement by the Named Insured. Q. Related Claims means all Claims arising out of a single act or omission or Related Acts or Omissions in the performance of Professional Services. R. Related Acts or Omissions means all acts or omissions that are logically or causally connected by any common fact, circumstance, situation, transaction, event, advice or decision. S. Reputation Event means any actual or alleged negligent act, error, or omission that the Named Insured reasonably believes will have an imminent and materially adverse effect on the total revenues of the Professionals Services of the Named Insured that may diminish confidence by its customers based upon unfavorable information made available through television, radio broadcasts, or published in writing, provided that such written media was in general circulation available to the public. T. Reputation Protection Expenses means any reasonable fees, costs and expenses for consulting services paid to an external public relations firm whose engagement is limited to the adverse effects of negative publicity against the Named Insured caused by a Reputation Event. U. Retroactive Date means the date shown in item 7. in the Declarations. V. Security incident means the unauthorized access to, or use of, data containing private or confidential information in connection with the performance of Professional Services which results in the violation of any privacy regulation. W. Security Incident Response Expenses mean any expenses incurred by the PRA 101 (03/20) 11 a n u 115 Insured to:. a. Hire cyber forensic analysts to determine the extent of an actual security breach that has occurred; or b. Comply with state or local privacy laws requiring that notification and credit monitoring services are to be provided to individuals when the security, confidentiality, or integrity of their personal information has been compromised. IV. EXCLUSIONS The Company will not defend or pay any Claim: A. Based on or arising out of any actual or alleged dishonest, intentionally wrongful, fraudulent, criminal or malicious act or omission, or any willful violation of law by the Named Insured; B. Based on or arising out of Bodily Injury or Property Damage unless the Claim results solely from an act or omission committed by the Insured in the performance of Professional Services provided that: 1. Such act or omission was a proximate cause of the Bodily Injury or Property Damage; and 2. There is no other policy that is applicable to such Claim; C. Based on or arising out of discrimination, humiliation, harassment, or misconduct. Including, but not limited to, claims based on allegations relating to an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual preference. However, this exclusion does not apply to any coverage afforded by Section II. Limits of Liability and Deductible, paragraph J. Coverage Extension; D. Based on or arising out of the insolvency or bankruptcy of the Named Insured; E. Based on or arising out of: 1. Any disputes involving the Named Insured's fees, commissions or charges; 2. The conversion, misappropriation, commingling or defalcation of funds or other property; 3. The failure to pay or collect premium, escrow or tax money; or 4. The gaining of any personal profit or advantage to which the Named Insured is not legally entitled; F. Based on or arising out of the representation of clients in connection with any securities transaction (either registered or exempt) including, but not limited to, bond or other debt offerings, public stock offerings, property syndication or real estate investment trusts; G. Based on or arising out of the actual or attempted purchase of property by the Named Insured; PRA 101 (03/20) F, e, g e 116 H. Based on or arising out of the actual or attempted appraisal of property by the Named Insured on or after the date or time of the act or omission giving rise to such claim, if: 1. The Named Insured in any part owned such property; 2. The Named insured was the developer, builder, real estate broker or salesperson of such property; 3. Such appraisal services were in exchange for stock, partial ownership or investment in such property; or 4. The Named Insured was employed or subcontracted by a real estate broker or salesperson who was a party to any transaction involving the appraised property; I. Based on or arising out of actual or attempted purchase of property by, or appraisal of property developed, constructed or owned by: 1. Any entity in which the Named Insured has financial interest; 2. Any entity which has any financial interest in the Named Insured; or 3. Any entity which is under the same financial control as the Named Insured, provided that such financial interest existed at the time of the act or omission giving rise to the claim; J. Based on or arising out of any actual or alleged violation of: 1. The Employee Retirement Income Security Act of 1974; 2. The Securities Act of 1933; 3. The Securities Exchange Act of 1934; 4. Any state Blue Sky or Securities law; 5. The Telephone Consumer Protection Act (TCPA) including any amendment of or addition to such law; 6. The CAN-SPAM Act of 2003 including any amendment of or addition to such law, 7. The Fair Credit Reporting Act (FCRA) and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or 8. any other federal, state or local statute, ordinance, or regulation that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of content, information or material. Or any rules, regulations or amendments issued in relation to such acts, or similar state or federal statutes or regulations, including any Claim based upon common law principles of liability; K. Based on or arising out of: PRA 101 (03/20) ' g r 117 1. The actual, alleged or threatened emission, discharge, dispersal, seepage, release or escape of Pollutants; 2. Any injury, damage, payments, costs or expense incurred as a result of any testing for, monitoring, removal, containment, treatment, detoxification, neutralization or cleanup of Pollutants; or 3. The installation, removal, disposal, handling, use or existence of, exposure to, contact with, or ingestion of lead paint or any substance or matter containing lead paint or the residue of lead paint; L. Based on or arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any Fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; or any loss cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, Fungi or bacteria, by the Named Insured or by any other person or entity; M. Based on or arising out of any guarantee or promise of future status, performance or valuation in the course of performing Professional Services by the Named Insured; N. Based on or arising out of liability assumed by the Named Insured under any contract or agreement, unless such liability would have attached to the Named Insured even in the absence of such contract or agreement; Q. Based on arising out of misappropriation of trade secret or infringement of patent, copyright, trademark, trade dress or any other intellectual property right or unauthorized use of confidential, privileged or non-public material or information; P. Based on or arising out of the sale of insurance or the failure to effect or maintain adequate levels of insurance; Q. Based on or arising out of the alleged notarized certification or acknowledgement by the Named Insured of a signature on any document that the Named Insured did not witness being placed on the document; R. Based on or arising out of the rendering of, or failure to render, Professional Services by the Named Insured as an employee, owner, partner, stockholder, director or officer of any business enterprise not named in the Declarations. S. Based on or arising out of: 1. the ownership, maintenance, Operation, use, entrustment to others, loading, or unloading of any motor vehicle, aircraft or watercraft, operated by, rented or loaned to the Named Insured; 2. Any act or omission for which the Named Insured could be held liable under any workers compensation, unemployment compensation or disability benefits law or under any similar law; or PRA 101 (03/20) P a U e 118 3. Bodily Injury to any employee of the Named Insured, arising out of his or her employment by the Insured or to any obligation of the Named Insured to indemnify or contribute with another employer because of Damages arising out of such injury. V. CONDITIONS A. Reporting of Claims and Potential Claims: 1. The Named Insured, as a condition precedent to the obligations of the Company under this policy, will give written notice to the Company, as soon as reasonable, of any Claim made against the Named Insured. 2. If during the Policy Period the Named Insured becomes aware of any act or omission which may reasonably be expected to be the basis of a claim against the Named Insured, including, but not limited to, any notice, advice or threat, whether written or verbal, that any person or entity intends to hold the Named Insured responsible for any alleged act or omission and gives written notice to the Company with full particulars, including: a. The specific act or omission; b. The dates and persons involved; c. The identity of anticipated or possible claimants; d. The circumstances by which the Named Insured first became aware of the possible claim; and e. Potential damages or injury. Then any Claim that is subsequently made against the Named Insured arising out of such act or omission will be deemed to have been made on the date such written notice was received by the Company. 3. Notices pursuant to Conditions A.1 and A.2 above must be mailed to the Company at the address in item 8. the Declarations. B. Claim Reporting Grace Period This policy will provide coverage for Claims that are first made against the Named Insured during the Policy Period and reported by the Named Insured in writing to the Company within sixty (60) days after the expiration of the Policy Period, provided that prior to the expiration of this policy, the Named Insured was in compliance with all the terms and conditions of this policy, including payment of all premiums and deductibles when due. The Claim reporting grace period does not extend the Policy Period. C. Action against the Company 1. No action may be brought against the Company unless, as a condition precedent thereto: a. The Named Insured has fully complied with all the terms of this policy; and PRA 101 (03/20) F, a g e 119 b. Until the amount of the Named Insured's obligation to pay has been finally determined either by judgment against the Named Insured after actual trial and appeal or by written agreement of the Named Insured, the claimant and the Company. 2. Nothing contained in this policy will give any person or organization the right to join the Company as a defendant or co-defendant or other party in any action against the Named Insured to determine the Named Insured's liability. D. Bankruptcy Bankruptcy or insolvency of the Named Insured or of the Named Insured's estate will not relieve the Company of any of its obligations hereunder. E. Other Insurance Such insurance as is provided by this policy shall be excess of any other valid and collectible insurance. F. Subrogation In the event of any payment for any claim under this policy, the Company will be subrogated in the amount of such payment to all the Named Insured's rights of recovery against any person or organization. The Named Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Named Insured will do nothing to prejudice such rights. G. Changes Notice to any agent of the Company, or knowledge possessed by any such agent or by any other person, will not affect a waiver or a change in any part of this policy and will not prevent or preclude the Company from asserting or invoking any right or provision of this policy. None of the provisions of this policy may be waived, changed or modified except by a written endorsement issued by the Company to form a part of this policy. H. CancellationlNonrenewal Z. This policy may be cancelled by the Named Insured by returning it to the Company. The Named Insured may also cancel this policy by giving written notice to the Company stating at what future date cancellation is to be effective. 2. The Company may cancel or non -renew this policy by sending written notice to the Named Insured at the address last known to the Company. The Company will provide written notice at least 60 days before cancellation or nonrenewal is to be effective. However, if the Company cancels this policy because the Named Insured has failed to pay a premium when due, this PRA 101 (03/20) P a g e 120 policy may be canceled by the Company by mailing to the Named Insured written notice stating when, not less than 10 days thereafter, such cancellation will be effective. The time of surrender of the policy or the effective date and hour of cancellation stated in the notice will become the end of the Policy Period. Delivery of such written notice either by the Named Insured or by the Company will be equivalent to mailing. 3. If the Company cancels this policy, the earned premium will be computed pro rata. If the Named Insured cancels this policy, the Company will retain the customary short rate proportion of the premium. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 4. The offering of terms and conditions different from the expiring terms and conditions, including limits of liability, deductible or premium, shall not constitute a refusal to renew or a cancellation of this policy. I. Assistance and Cooperation 1. The Named Insured will cooperate with the Company and upon the Company's request, attend hearings, depositions and trials and assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits and proceedings in connection with a Claim. 2. The Named Insured will assist in the enforcement of any right of contribution or indemnity against any person or organization who or which may be liable to the Named Insured in connection with a Claim. 3. The Named Insured will not, except at the Named Insured's own cost, voluntarily make any payment, assume or admit any liability or incur any expense without the prior written consent of the Company. The Company shall have no obligation to pay or reimburse any person or entity for sums expended to defend any Claim otherwise covered under this policy prior to written notice of such Claim being received by the Company. J. Entire Contract By acceptance of this policy the Named Insured attests that: 1. All of the information and statements provided to the Company by the Named Insured, including, but not limited to, the application and any supplemental information, are true, accurate and complete and will be deemed to constitute material representations made by the Named Insured; 2. This policy is issued in reliance upon the Named Insured's representations; 3. This policy, endorsements thereto, together with the completed and signed application and any and all supplementary information and statements provided by the Named Insured to the Company, embody all of the agreements existing between the Named Insured and the Company and PRA 101 (03/20) P a U e 121 shall constitute the entire contract between the Named Insured and the Company; and 4. Any material misrepresentation or concealment by the Named Insured or the Named Insured's agent will render the policy null and void and relieve the Company from all liability herein. K. Territory This policy applies to an act or omission taking place anywhere in the world provided that any suit is brought against the Named Insured within the United States of America, its territories or possessions, Puerto Rico or Canada. L. Notices Other than Claims, any notices required to be given by the Named Insured will be submitted in writing to the Company, or its authorized representative. If mailed, the date of mailing of such notice will be deemed to be the date such notice was given, and proof of mailing will be sufficient proof of notice. M. Assignment No assignment of interest of the Named Insured under this policy is valid, unless the Company's written consent is endorsed hereon. N. Examination of Your Books and Records The Company may examine and audit the books and records of the Named Insured, as they relate to this policy, at any time during the Policy Period and up to three (3) years afterward. 0. Reimbursement While the Company has no duty to d❑ so, if the Company pays Damages and Claims Expenses: 1. Within the amount of the applicable deductible; or 2. In excess of the applicable Limit of Liability; or 3. Under a reservation of rights to seek reimbursement, and it is determined that the Company is entitled to reimbursement. Upon written demand, the Named Insured shall repay such amounts to the Company within 30 days. Failure to pay any amount indicated may lead to policy termination. P. Named Insured Sole Agent The Named Insured will be the sole agent and will act on behalf of all Insureds for the purpose of giving or receiving any notices, any amendments to or cancellation of this policy, for the completing of any applications and the making PRA 101 (03/20) 0 a rj c 122 of any statements, representations and warranties, for the payment of any premium and the receipt of any return premium that may become due under this policy, for the payment of the deductible and the exercising or declining to exercise any right under this policy including the purchase of an Extended Reporting Period under Section VI., paragraph B., C., or D. of this policy. Q. Liberalization If the Company obtains approval for any amended state filing in the jurisdiction in which this policy is issued that would broaden coverage under this policy form without additional premium at any time during the current Policy Period, the broadened coverage will immediately apply to this policy, except that it will not apply to Claims that were first made against the Named Insured prior to the effective date of such revision. VI. EXTENDED REPORTING PERIODS A. Automatic Extended Reporting Period If this policy is cancelled or non -renewed by either the Company or by the Named Insured, the Company will provide to the Named Insured an automatic, non- cancelable Extended Reporting Period starting at the termination of the Policy Period if the Named Insured has not obtained another policy of real estate appraisers errors and omissions insurance within sixty (60) days cf the termination of the Policy Period. This automatic extended reporting period will terminate after sixty (60) days. B. Optional Extended Reporting Period 1. If this policy is cancelled or non -renewed by either the Company or by the, then Named Insured the Named Insured will have the right to purchase an optional Extended Reporting Period of one, two or three years. Such right must be exercised by the Named Insured within sixty (60) days of the termination of the policy period by providing: a. Written notice to the Company; and b. With the written notice, the amount of additional premium described below. 2. The non-refundable additional premium for the optional Extended Reporting Period shall be: a. For a one (1) year Extended Reporting Period, 100% of the annual premium for the policy; or b. For a two (2) year Extended Reporting Period, 135% of the annual premium for the policy; or, c. For a three (3) year Extended Reporting Period, 150% of the annual premium for the policy. 3. The first sixty (60) days of the optional Extended Reporting Period, if it is purchased, shall run concurrently with the automatic Extended Reporting Period. PRA 101 (03120) � a g r 123 C. Death or Disability Reporting Period Option In the event the Named Insured dies or becomes permanently and totally disabled during the Policy Period, an unlimited Extended Reporting Period will be granted at no additional premium, provided that: 1. Within ninety (90) days of the of the death or permanent and total disability, the Named Insured or the Named Insured's estate requests the unlimited Extended Reporting Period; and 2. The Named Insured's estate furnishes written evidence and proof of the Named Insured's death, or 3. The Named Insured provides evidence and proof of the permanent and total disability, including the date of the actual disability and written certification by the Named Insured's attending physician. D. Retirement Reporting Period Option 1. If a designated principal, partner cr owner of the Named Insured: a. reaches the age of 65, b. Has continuously been insured by a professional liability or errors and omissions claims -made insurance policy provided by the Company or administered by the Program Administrator, as set forth in set forth in item 9. in the Declaration, for a minimum of five (5) Years, c. Retires from active business during the policy period, and d. The Named Insured cancels or fails to renew this policy due to dissolution of the firm, an unlimited Extended Reporting Period will be granted at no additional premium. 2. For all other designated principals, partners or owners of the Named Insured who retire from active business during the policy period and the Named Insured cancels or fails to renew this policy due to dissolution of the firm, an unlimited Extended Reporting Period can be purchased for a non-refundable additional premium of 160% of annual premium. Such right must be exercised by the Named Insured within sixty (60) days of the retirement by providing: a. Written notice to the Company; and b. With the written notice, if applicable, the amount of additional premium described in paragraph D.2. above. E. Extended Reporting Period Limits of Liability PRA 101 (03/20) P a g c 124 The Damages limit of liability and Claim Expenses limit of liability of the Company for all Claims reported during any Extended Reporting Period will be part of and not in addition to the Damages limit of liability and Claim Expenses limit of liability, respectively, for the Policy Period set forth in item 4. in the Declarations. F. Elimination of Right to Any Extended Reporting Period There is no right to any Extended Reporting Period if the Company cancels or refuses to renew this policy due to: 1. Nonpayment of amounts due under this policy; 2. Noncompliance by the Named Insured with any of the terms and conditions of this policy; 3. Any material misrepresentation or omission in the application or the supplementary information and statements provided by the Named Insured for this policy. G. Extended Reporting Period - Not a New Policy The Extended Reporting Period will not be construed to be a new policy and any Claim submitted during such period will otherwise be governed by this policy. PRA 101 (03/20) F, a g e 125 IN WITNESS WHEREOF, We have caused this policy to be executed by our President and our Corporate Secretary at New York, New York President /I �- Secretary HIC SIG Page (12/2016) IL P 0010104 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by ❑FAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; 0 Terrorists; ■ Terrorist organizations; and ■ Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www.treas.aov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PRA 105 (02120) Page 1 of 1 This Endorsement Modifies Your Policy. Please Read It Carefully. NVI-I;y:I1►1011i7i•I,lkyil=IZl9l,14tf7:yfi=IkiIs191 21LTA I=IkiIt1 This endorsement modifies insurance provided under the fallowing: REAL ESTATE APPRAISERS ERRORS AND OMISSIONS INSURANCE POLICY REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE POLICY In consideration of the premium charged, it is agreed that: A. SECTION IV. EXCLUSIONS, sub -section L., is deleted in its entirety and replaced with the following: L. Based on or arising out of the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents; or any loss cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, Fungi or bacteria, by the Insured or by any other person or entity; B. SECTION V. CONDITIONS is amended as follows: 1. Sub -section F. Subrogation, is deleted and replaced with the following: F. Subrogation In the event of any recovery in connection with any Claim as to which a right of subrogation attaches by reason of any payment of loss under this policy, such recovery will be applied, net of the expense of such recovery: 1. First, in satisfaction of any loss in connection with any Claim incurred by the persons and entities entitled to coverage under this policy which is in excess of the amount of loss paid under this policy, and 2. Second, after the persons and entities entitled to coverage under this policy have been fully compensated for all loss in connection with such Claim, in satisfaction of loss paid under this policy, 3. The remainder of such recovery, if any, will be applied to the persons and entities entitled to coverage under this policy in satisfaction of any applicable deductible or retention under this policy. 4. The expense of subrogation must be shared in proportion to the amount of recovery by each party. 2. Sub -section H. CancellationlNonrenewal, is deleted and replaced with the following: H. CancellationlNonrenewal 1. Cancellation a. The Named Insured shown in the declarations may cancel this policy by using one of the following methods: i. Written notice of cancellation to the Company or producer by mail, fax or e-mail; ii. Surrender of the policy or binder to the Company or producer; or PRA 105 (02120) Page 1 of 1 iii. Verbal notice to the Company or producer. If the Company receives notice of cancellation from the Named Insured, it must accept and promptly cancel the policy or any binder issued as evidence of coverage effective the later of: I. The date notice is received; or ii. The date the Named Insured requests cancellation. b. The Company may cancel this policy by mailing or delivering to the Named Insured, the Named Insured's agent or broker and any pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, written notice of cancellation, including the actual reason for the cancellation, to the last mailing address known to the Company, at least: i. 10 days before the effective date of cancellation if the Company cancels for nonpayment of premium; or ii. 45 days before the effective date of cancellation if the Company cancels for any other reason. c. Notice of cancellation will state the effective date of cancellation. The Period of Insurance will end an that date. d. If this policy is cancelled, the Company will send the Named Insured any premium refund due. If the Company cancels, the refund will be pro rasa. If the Named Insured cancels, the refund will be at least 90% of the pro rata refund. e. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. Nonrenewal a. The Company may elect not to renew this policy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to all Named Insureds listed in item 1. of the Declarations and the Named Insured agent or broker, at their last mailing addresses known to the Company. The Company will also mail to any mortgage holder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to the Company, written notice of nonrenewal. The Company will mail or deliver these notices at least 45 days before the: I. Expiration of the policy; or ii. Anniversary date of this policy if this policy has been written for a term of more than one year. iii. Otherwise, the Company will renew this policy unless: (a) The first Named Insured fails to pay the renewal premium after the Company has expressed a willingness to renew, and has provided a statement of the renewal premium to the first Named Insured and the first Named Insured's insurance agent or broker, at least 20 days before the expiration date; or (b) Other coverage acceptable to the insured has been procured prior to the expiration date of the policy. 3. Sub -section J. Entire Contract, clause 4. is deleted and replaced with the following: 4. Any intentional material misrepresentation or concealment by the Named Insured or the Named Insured's agent of a material fact or circumstance relating to the insurance will render the policy null and void and relieve the Company from all liability herein. All other provisions of this policy remain unchanged. PRA 105 (02120) Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE DATE{MMIDDI"yn 1 02/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CUSTOMER SERVICE PHONE FAX (A/C, No, Ext): AIC No 1-800-429-4545 A nRIFSS• INSURED LINGEMAN,JAMES INSURER(S) AFFORDING COVERAGE NAIC # • HART'FORD INSURANCE COMPANY OF TEN KIDW98T 37478 INSURER B D: I40515 NE 161ST AVE INSURERE: AMBOY WA 9 8 6 01- 3 6 3 3 INSURER F: COVERAGES CERTIFICATE NUMBER- REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR U POLICY EFF POLICY EXP LTR D13R POLICY NUMBER MMIDDIYYYYI fMM/DD/YYYY1 LIMITS GENERAL uAwLtTY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR DAMAGE TO RENTED o rr r MED EXP (Anyone Person) $ $ $ PERSONAL. & ADV INJURY $ GENERAL AGGREGATE GEN'L AGGREGATE LIMrr APPLIES PER: $ PRODUCTS - COMPIOP AGG 10LICY PRO 7 LOC I $ AUTOMOBILE LIABILITY 1SPH 219172 12/01/2022 12/01/2023 COMBINED SINGLE LIMIT Eaaccdent $ BODILY INJURY (Per person) S 500,000 ANY AUTO BODILY INJURY (Per accident) $ 500,000 ALL OWNED SCHEDULED AUTOS AUTOS $ 100,000 Ix NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE JEer accidents x UMBRELLA LIAB OCCUR HCLAIMS-MADE 18PH 219172 12/01/2022 12/01/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ EXCESS LIAB S DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN RY I ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERJMEMBER EXCLUDED? El N 1 A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF 0PERATI0NS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is rectulred l 2015 TOYOT RAV4 LIMITED 2T3D?REV7FW334071 2013 TOYOT HIGHLANDER XLE 5TPHZRBH7LS502442 CERTIFICATE HOLDER CITY OF KENT PUBLIC WORKS 220 4TH AVE S KENT WA 98032 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 19 88-2 015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD