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HomeMy WebLinkAboutEC15-164 - Original - Skycorp Ltd. - 918 W Meeker Demolition - 04/30/2015 Mop Records Ma,,-Pagerneftt KENT Wa„,No.oN x,� �,I� Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Skycorp, Ltd Vendor Number: JD Edwards Number Contract Number: EC-I'� - [�P1-f This is assigned by City Clerk's Office Project Name: 918 W. Meeker Demolition Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/30/15 Termination Date: 5/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kurt Hanson Department: ECD Contract Amount: $8,650.50 t Approval Authority: (CIRCLE ONE)4.. Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax 1d, etc.): I As of: 08/27/14 KENT W..H.HOT.H PUBLIC WORKS AGREEMENT between City of Kent and Skycorp, Ltd. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Skycorp, Ltd, organized under the laws of the State of Washington, located and doing business at 526 N. West Ave, Suite 11, Arlington, Washington 98223-1251, Skyler Waldal (360)926-8989 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Abatement and Demolition for the house located at 918 West Meeker Street, Kent, Washington. 98032. See detailed Scope of Work attached and incorporated as Exhibit A. 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 such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above Immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by May 31, 2015. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $8,650.50, including any applicable, Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, Including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor,. in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT- 1 (Under$10K and No Performance Bond) performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 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 Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. 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 PUBLIC WORKS AGREEMENT - 2 (Under$IOK and No Performance Bond) required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to PUBLIC WORKS AGREEMENT - 3 (Under$10K and No Performance Bond) i require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change, VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT - 4 (Under$10K and No Performance Bond) C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable, When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor 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. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. 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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT - 5 (Under$10K and No Performance Bond) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and 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. XV. 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 XII 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 PUBLIC WORKS AGREEMENT - 6 (Under$1OK and No Performance Bond) 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. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 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. All of the above documents are hereby made a part of this Agreement. However, 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. Compliance with Laws. 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 Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. 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. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT J ' By. r' �' .', � � y. e (signature) (signature) Print Name: Skyler Waldal Print Name: Ben Wolters Its President Its: Economic & Community Development l (title) Director DATE: DATE: z4 13 oil it PUBLIC WORKS AGREEMENT - 7 (Under$10K and No Performance Bond) I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Skycorp, Ltd Ben Wolters Skyler Waldal City of Kent 526 N. West Ave Suite it 220 Fourth Avenue South Arlington, WA 98223-1251 Kent, WA 98032 (360) 926-8989 (telephone) (253) 856-5454 (telephone) (360)926-8987 (facsimile) (253) 856-6454 (facsimile) PM1CIv111Fl,eOPn We9 AImkePYnblldVorsAgrttm lLndeM1OK-NOPedonnBond.d[ PUBLIC WORKS AGREEMENT - 8 (Under$10K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, 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 questions 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 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. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this r r' day of 4 -,, � 200. � By: �r 11 r `, ' 9T.. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity 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: I 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. 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 assume 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. i i� EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_. By: For: Title: Date: I i EEO COMPLIANCE DOCUMENTS - 3 i EXHIBIT A I SKYCOP PLT. Demolition ®Environmental ®General Contractors it April 2i"2015 Attn: (Curt Hanson City of Kent 220 4a' Ave South Kent,WA 98032-5895 Re: Abatement and Demolition for the house located at 918 W Meeker St— Kent WA SKYCORP, LTD. Is pleased to provide the proposal based on the email sent from the City of Kent on March 26"' 2015 and the provided asbestos survey from the City of Kent prepared by Asbestos Test, Inc. please see the following: SKYCORP,LTD. will demolish and remove the(1)shvcture located at 918 W Meeker St Kent, WA 98042. Which will include abatement and demolition in the total amount of $7,900.00 Exchrdine Tax. i Clarifications: 1. Proposal is based (in one mobilization. 2. City of Kent Will obtain Demolition permit 3. Proposal valid for 30 days. 4. No additional fill for foundations 5. SkyCorp, Ltd. will file Puget Sound Clean Air Permits. 6. Any and all salvage material belongs to SkyCorp, Ltd. Exclusions: 1. Engineering,soils testing, lay out and surveying. 2. Irrigation 3. Erosion Control 4. Fencing or security 5. Temp fencing 6. All fees and special inspections. j 7. Relocating or shutting off utilities j S. Private locates. 9. Export of contaminated or unsuitable soils or import to replace exported quantity. EXHIBIT A 10, Import or export of any fill material 11. Dewatering 12. All permits except for Puget Sound Clean Air 13. Sales Tax Id. Landscaping 15. Hydro seeding and mulch 16. Hazardous materials,outside of what's listed in the above scope of work 17. Removal and emptying of any Underground Storage Tanks 18. Removal and emptying or any Above Storage Tanks 19. Independent third party,on-site air monitoring 20. Lead paint abatement or exposure assessment 21, Additional asbestos survey and abatement work 22, Unforeseen or presumed asbestos materials 23. All other work not included in this proposal. Should there be anything that is not listed in the scope of work provided by file City of Kent or encountered in performing the said work a change order proposal will be submitted to you. If you have any questions concerning this proposal please feel free to contact us at anytime, Thank you for considering our proposal. SKYCORP, LTD. Skyler Wilda], President 425-367-7887 cell 360-926-8989 office 360-926-8987 fax I EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A� Minimum Scope, of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 1185 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. B, Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: EXHIBIT B (Continued) 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. 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: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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. EXHIBIT B (Continued) D. Contractor's Insurance for Other Lasses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F� Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. 'verification of Gorrerage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. hi. Subcontractors Contractor 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 Contractor. I I I i EXHIBIT B INSURANCE REQUIREMENTS CONSTRUCTION PRO Insurance The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. A„ Minimum. Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per .M2p0,#00PVr occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercialr4h✓ General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor's Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section. 2. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Contractor's Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. 5 Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: I EXHIBIT B ( p lnued) 1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate r for each 1 year policy period. This coverage may be any �61v combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per Igor occurrence and in the aggregate. Products and Completed 40-viow(w so,, Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 3. Contractor's Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Coverage may be written on a claims-made basis. C; Other Xnsurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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 contractor 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 Contractor'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. Illi EXHIBIT B (Continued) T11) �'nntractor`s Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. T-� Vfaiwer of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. -\cce tabilfty of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G, Veriaicaition of Coverage Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. I Contractor 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 Contractor. i CERTIFICATE p� INSURANCE B,�p+C SKYCO.1 OP ID: BR CER [FICA t E OF LIABILITY INSU NCE DATE(MMIDDIYVYY) -_ 04/09/2015 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: I/the certificate holder is an ADDITIONAL INSURED, the policy(les) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions o/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). 'RODUCER CONTACT Soundview Insurance Agency Inc PHONE Tony,Conti _ Fax 8927 33rd Ave W.Suite C IA!c, E-r,tJ.800-803.7000 _ (PicFAX N¢); 425.712-1058 .ynnwcod,WA 08036.4726 E-MAIL Orly Conti ADDRESS: INSURER(S)AFFORDING COVERAGE __ _ NAIC_H -_ INSURER A:Hudson Specialty Ina Co -__. ___.._._ t _VSNRED SKYCORP,LTD INSURER B:Zurich American Insurance Co 526 NWAve Stel9 -- -- - -- - - Arlington,WA 98223 INSURER C__ INSURER O: INSUREfl E: INSURER P: �i ;OVERAGES 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. iSq TYPE OF INSURANCE ADDL SUB POLICY NUMBER " MMIUcnBYFYEY MMDUY YX9 LIMITS 1 X COMMERCIALGENERALLIABILITY IEACH OCCURRENCE 5 1,000100 CLAIMS-MADE �X nrcuR X X G276827BA001 04/04/2015 04 Sg,104/2016 -DATTAGETB ReNTEf� _-" 00 on PREMISES(Ea ocuumnce) I S' MED EXP(Any e person) L$ 10,00 _ _.. .__. PERSONAL BADVINJURY S 1,000,00 CENT AGGREGATE LIMIT APPLIES PFR 7115 2,000,00_ GENERAL POLICY X I JECT PRO- LOC —_ — _ PRODUCTS-COMP/OP AGO S 2,000,0E OTHER I S AUTOMOBILE LIABILITY ( COMBINED SINGLE UNIT S — EaacoMenU — I ANY AUTO _ X �TRK•BOt80T6-t11 04/0412015 04/04/2016 POOR Y INJURY(Per person) g --- 1,gOg,gg ALL OWNED X SCHEDULED BODILY INJURY Per accident 5- AUTOS AUTOS I - 1 NON-OWNED !PR PP RTY DAMAGE'— f IIIRFD AUTOS AUTOS i(Per emidentl__ 3 1 S UMBRELLA LIAR OCCUR I '�. I EACH OCCURRENCE S it EXCESS LIAB —I. [CLAIMS MAOF AGGREGATE 5 UEO RETENTION$ } I WORKERS COMPENSATION p'H OTH- AND EMPLOYERS'LIABILITY _-STATUTE I X_ EH ANY PROPRIETORIPARTNERIE%ECUTIVE YIN G275B276A001 04/04/2015 04/0412016 EL EACH ACCIDENT A 1,000,00 OPFICERIMEMaER EXCLUOEUP NIA _. . iMandaw. NH) EL,DISEASE-EA EMPLOYE_ $ 1,000,00 D Yee,RIP LION OFF EL DISEASE-POLICY LIMIT S. 1,000,0D DESCRIPTION OF OPERATIONS bebw SCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD fat,Additional Remarks Schedule,maybe attached if mom space Is reculmd) .ty of Kent is included as Primary A Non-Contributory Additional isured. Waiver of Subrogation in their favor including both ongong and impleted operations applies on a per project basis as required by written '.. untract, per ENV-32261008, ENV-31430305 and ENV-71030904 Blanket dorsements attached, j I RTIFICATE HOLDER CANCELLATION CITYOKE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. -ORD 26(2014101) The ACORD name and logo are registered marks of ACORD I ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD PRIMARY& NON-CONTRIBUTORY Namnd Insured Endorsement Nambar Slaycorp, Lld Policy Syrnlmr P_d1. Number Pulley Period ffrprhve bale W Endorsement ECP G2758276A 001 04/04/2015 to 04/04/2016 04/04/2015 Issued By(Nam.of Inaurtina:Company) —"-- Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE r Any person or organization that is an owner of real properly or personal property on which you are performing operations, or a coniraclor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) Section It —Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and Included in the products-completed operations hazard. Furthermore, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. All other terms and conditions remain the same. i I ENV-3226 (10-08) Copydghl02on8 Page 1 of 1 Named Illsurrr,' Endursamanl Nwuhcr Skycorp, Ltd - ---------- -- -- Poliev Symbol Polley Number Polley Period Effecllva euta of=ntlorsemeN ECf G275f1276A001 04/04/2015to 04/04/2016 04/04/2015 Issurd by(Name of Insunnrn Company) Westchester Surplus Lines Insurance Company Insert the policy number. The romalnder of the Information is to be completed onlywhan this endorsement is Issued suh59qunnfto the preparation of the pollcy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal properly on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations, (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143(03 05) Includes copyrighted material of Insurance services Office, Inc.with Its permisslon page 1 of 1 Named lnsumo - _-- - -' — Endorsement Number Skccorp Lid Policy Symbol pnliry Number - policy penotl 04/04/2016 EOf er ive Dale of Endorsement G(1,_ G2758276A 001 04/04/2015 TO 412015 Issued ny(Name of Insurance Company) -- Insert the poliry number The remainder of the information is to be completed only when This endorsement is issued subsequent to the proparahon of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Projects:Any Person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations,and only at the specific written request of such person or organization to you,where in such request is made prior to commencement of operations, (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (SECTION I )', and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which can be attributed only to ongoing operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Project;General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily Injury or property damage included in the products-completed operations hazard, and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or suits brought; or C. Persons or organizations making claims or bringing suits. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown In the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown In the Declarations, such limits will be subject to the applicable Designated Project General Aggregate Limit. ENV-7103(09-04) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A (SECTION I ), and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products- completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Limits of Insurance(SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. i ENV-7103(09-04) Includes copyrighted material of Insurance Services Office, Inc.with Its permission Page 2 of 2 Homeowner's Policy of Title Insurance �w First American rerex For a One-To-Four Family Residence "w ISSUED BY Eagle Policy First American Title Insurance Company I POLICY NUMBER 5020500-2322522 OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between You and Us. It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately. The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed beginning on page 2 of the Policy. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions On Page 3 • Exclusions on page 4 Conditions on pages 4, 5 and 6. You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by someone else after You transfer Your Title. IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 4. The premium for this Policy is paid once. No additional premium is owed for the Policy. This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your rights and obligations and Our rights and obligations. Since the Policy--and not this sheet--is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If You have any questions about Your Policy, contact: FIRST AMERICAN TITLE INSURANCE COMPANY 1 First American Way Santa Ana, California 92707 Homeowner's Policy of Title Insurance for a One-to-Four Family Residence TABLE OF CONTENTS Pace Pace OWNER'S COVERAGE STATEMENT 2 CONDITIONS COVERED RISKS 2&3 1. Definitions 4 OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS 3 2. Continuation of Coverage 4 SCHEDULE A Insert 3. How to Make a Claim 4&5 Policy Number, Premium, Date and Amount 4. Our Choices When We Learn of a Claim 5 Deductible Amounts and Maximum Dollar Limits of Liability 5. Handling a Claim or Legal Action 5 Street Address of the Land 6. Limitation of Our Liability 5&6 ],. Name of Insured 7. Transfer of Your Rights to Us 6 2. Interest in Land Covered 8. This Policy is the Entire Contract 6 3. Description of the Land 9. Increased Policy Amount 6 SCHEDULE B- EXCEPTIONS Insert 10. Severability 6 EXCLUSIONS 4 11. Arbitration 6 12. Choice of Law 6 CForm 5020500(7 i14) CPage 1 of 9 _ _ cy N IPoliumber 2322522-h ALTA Homeowners Policy.of Title Insurance(Rev. 2-3- - 101 . . Homeowner's Policy of Title Insurance FirstAmerican For a One-To-Four Family Residence ISSUED BY Eagle Policy First American Title Insurance Company I As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the address shown in Section 3 of the Conditions. OWNER'S COVERAGE STATEMENT This Policy insures You against actual loss, including any costs, attorneys'fees and expenses provided under this Policy. The loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which there is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person. Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks,after the Policy Date. Your insurance is limited by all of the following: • The Policy Amount • For Covered Risk 16, 18, 19 and 21,Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A • The Exceptions in Schedule B • Our Duty To Defend Against Legal Actions • The Exclusions on page 4 • The Conditions on pages 4, 5 and 6 COVERED RISKS The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title because of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title because of forgery or impersonation. 4. Someone else has an Easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Title is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged,delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired,or otherwise invalid power of attorney. e. A document upon which Your Title is based was not properly filed, recorded,or indexed in the Public Records. f. A defective judicial or administrative proceeding. 7. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment,state or federal tax lien; d. charge by a homeowner's or condominium association; or e. lien,occurring before or after the Policy Date,for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. 10. Someone else claims to have rights affecting Your Title because of fraud,duress, incompetency or incapacity. 11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant,condition or restriction affecting the Land, even if the covenant,condition or restriction is excepted in Schedule B. However,You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records,describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. form---5020500 (7 1 14) Page 2 of 9 Policy Number: 2322522 ALTA Homeowners Policy of TtIeInsurance(Rev 2 3 SOj .._.—. .—__...____ ..._............._...,....._._.. _.___._..... ........... ..... ....,_.,..,. __..,........,. COVERED RISKS(Continued) 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title,even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. 15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land,of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. 16. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 18. You are forced to remove or remedy Your existing structures, or any part of them -other than boundary walls or fences- because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures,the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. 21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are boundary walls or fences,the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the Land. 23. You are forced to remove Your existing structures which encroach onto an Easement or over a building set-back line,even if the Easement or building set-back line is excepted in Schedule B. 24. Your existing structures are damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the Easement is excepted in Schedule B. 25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance,even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race,color, religion, sex, handicap,familial status, or national origin. 27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 28. Your neighbor builds any structures after the Policy Date--other than boundary walls or fences--which encroach onto the Land. 29. Your Title is unmarketable,which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy, state insolvency,or similar creditors'rights laws. 31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys'fees,and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under section 4 of the Conditions. This Policy is not complete without Schedules A and B. form 5020500(7 1 14) .JPage 3 of 9= rPolicy Number: 2322522 ALTA Homeowners Policy of Title Insurance(Rev. 2-3-10} EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys'fees, and expenses resulting from: 1. Governmental police power,and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title of You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency,or similar creditors'rights laws. CONDITIONS 1. DEFINITIONS b. This Policy also insures: a. Easement;-the right of someone else to use the Land (1) anyone who inherits Your Title because of Your for a special purpose. death; b. EgaLe Plarpninr�Entity—a legal entity or Trust (2) Your spouse who receives Your Title because of established by a Natural Person for estate planning. dissolution of Your marriage; c. Known-things about which You have actual (3) the trustee or successor trustee of a Trust or any knowledge. The words"Know"and"Knowing"have Estate Planning Entity to whom You transfer Your the same meaning as Known. Title after the Policy Date; d. Land -the land or condominium unit described in (4) the beneficiaries of Your Trust upon Your death; or paragraph 3 of Schedule A and any improvements on (5) anyone who receives Your Title by a transfer the Land which are real property. effective on Your death as authorized by law. e. Mortgage-a mortgage,deed of trust, trust deed or c. We may assert against the insureds identified in Section other security instrument. 2.1b.any rights and defenses that We have against any f. Natural Person-a human being, not a commercial or previous insured under this Policy. legal organization or entity. Natural Person includes a 3. HOW TO MAKE A CLAIM trustee of a Trust even if the trustee is not a human a. Prompt Notigg of Y'pur Claim being. (1) As soon as You Know of anything that might be g. a2kgy D k -the date and time shown in Schedule A. covered by this Policy, You must notify Us promptly If the insured named in Schedule A first acquires the in writing. interest shown in Schedule A by an instrument (2) Send Your notice to First American Title recorded in the Public Records later than the date and Insurance Company, Attn: Claims National time shown in Schedule A, the Policy Date is the date Intake Center, 1 First American Way,Santa and time the instrument is recorded. Ana,California 92707. Phone: 888-632-1642. h. Public,Records- records that give constructive notice Please include the Policy number shown in Schedule of matters affecting Your Title, according to the state A, and the county and state where the Land is statutes where the Land is located. located. Please enclose a copy of Your policy, if i. Title-the ownership of Your interest in the Land,as available. shown in Schedule A. (3) If You do not give Us prompt notice,Your coverage j. Trust-a living trust established by a Natural Person will be reduced or ended, but only to the extent for estate planning. Your failure affects Our ability to resolve the claim k. We/Our/Us- First American Title Insurance Company. or defend You. I. You Your-the insured named in Schedule A and also b. Proof Of Your Loss those identified in Section 2.b. of these Conditions. (1) We may require You to give Us a written statement 2. CONTINUATION OF COVERAGE signed by You describing Your loss which includes: a. This Policy insures You forever,even after You no (a) the basis of Your claim; longer have Your Title. You cannot assign this Policy (b) the Covered Risks which resulted in Your loss; to anyone else. (c) the dollar amount of Your loss; and (d) the method You used to compute the amount of Your loss. Form 5020500 (7 1 14) .Page 4 of 9 �policy,Number 2322522 7, ALTA Homeowners Policy of Ttle Insurance(Rev. 2.3-SO;i1 CONDITIONS(Continued) (2) We may require You to make available to Us 6. LIMITATION OF OUR LIABILITY records, checks, letters, contracts, insurance a. After subtracting Your Deductible Amount if it applies, policies and other papers which relate to Your We will pay no more than the least of: claim. We may make copies of these papers. (1) Your actual loss; (3) We may require You to answer questions about (2) Our Maximum Dollar Limit of Liability then in force Your claim under oath. for the particular Covered Risk,for claims covered (4) If you fail or refuse to give Us a statement of only under Covered Risk 16, 18, 19 or 21; or loss,answer Our questions under oath,or make (3) the Policy Amount then in force. available to Us the papers We request, Your and any costs, attorneys'fees and expenses that We are coverage will be reduced or ended, but only to obligated to pay under this Policy. the extent Your failure or refusal affects Our b. If We pursue Our rights under Sections 4.a.(3) and 5.e. ability to resolve the claim or defend You. of these Conditions and are unsuccessful in establishing 4. OUR CHOICES WHEN WE LEARN OF A CLAIM the Title, as insured: a. After We receive Your notice, or otherwise learn, of a (1) the Policy Amount then in force will be increased by claim that is covered by this Policy, Our choices 10%of the Policy Amount shown in Schedule A, include one or more of the following: and (1) Pay the claim; (2) You shall have the right to have the actual loss (2) Negotiate a settlement; determined on either the date the claim was made (3) Bring or defend a legal action related to the by You or the date it is settled and paid. claim; c. (1) If We remove the cause of the claim with (4) Pay You the amount required by this Policy; reasonable diligence after receiving notice of it,all (5) End the coverage of this Policy for the claim by Our obligations for the claim end, including any paying You Your actual loss resulting from the obligation for loss You had while We were Covered Risk, and those costs, attorneys'fees removing the cause of the claim. and expenses incurred up to that time which We (2) Regardless of 6.c.(1)above, if You cannot use the are obligated to pay; Land because of a claim covered by this Policy: (6) End the coverage described in Covered Risk 16, (a) You may rent a reasonably equivalent 18, 19 or 21 by paying You the amount of Your substitute residence and We will repay You for insurance then in force for the particular Covered the actual rent You pay, until the earlier of: Risk,and those costs, attorneys'fees and (i) the cause of the claim is removed; or expenses incurred up to that time which We are (ii) We pay You the amount required by this obligated to pay; Policy. If Your claim is covered only (7) End all coverage of this Policy by paying You the under Covered Risk 16, 18, 19 or 21,that Policy Amount then in force, and those costs, payment is the amount of Your insurance attorneys'fees and expenses incurred up to that then in force for the particular Covered time which We are obligated to pay; Risk. (8) Take other appropriate action. (b) We will pay reasonable costs You pay to b. When We choose the options in Sections 4.a. (5), (6) relocate any personal property You have the or(7), all Our obligations for the claim end, including right to remove from the Land, including Our obligation to defend,or continue to defend, any transportation of that personal property for up legal action. to twenty-five (25) miles from the Land, and c. Even if We do not think that the Policy covers the repair of any damage to that personal property claim, We may choose one or more of the options because of the relocation. The amount We will above. By doing so, We do not give up any rights. pay You under this paragraph is limited to the 5. HANDLING A CLAIM OR LEGAL ACTION value of the personal property before You a. You must cooperate with Us in handling any claim or relocate it. legal action and give Us all relevant information. d. All payments We make under this Policy reduce the b. If You fail or refuse to cooperate with Us,Your Policy Amount then in force, except for costs, attorneys' coverage will be reduced or ended, but only to the fees and expenses. All payments We make for claims extent Your failure or refusal affects Our ability to which are covered only under Covered Risk 16, 18, 19 or resolve the claim or defend You. 21 also reduce Our Maximum Dollar Limit of Liability for c. We are required to repay You only for those the particular Covered Risk,except for costs, attorneys' settlement costs,attorneys'fees and expenses that fees and expenses. We approve in advance. e. If We issue,or have issued,a Policy to the owner of a d. We have the right to choose the attorney when We Mortgage that is on Your Title and We have not given bring or defend a legal action on Your behalf. We can You any coverage against the Mortgage,then: appeal any decision to the highest level. We do not (1) We have the right to pay any amount due You have to pay Your claim until the legal action is finally under this Policy to the owner of the Mortgage,and decided. any amount paid shall be treated as a payment to e. Whether or not We agree there is coverage, We can You under this Policy, including under Section 4.a. bring or defend a legal action, or take other of these Conditions; appropriate action under this Policy. By doing so,We (2) Any amount paid to the owner of the Mortgage do not give up any rights. shall be subtracted from the Policy Amount then in force; and form 5020500(7 ld4) rP—age 5 of 9 (Policy Number. 2322522 ALTA Homeowners Policy,of T[le Insurance(Rev. 2-3 S0 CONDITIONS (Continued) (3) If Your claim is covered only under Covered Risk 8. THIS POLICY IS THE ENTIRE CONTRACT 16, 18, 19 or 21, any amount paid to the owner This Policy, with any endorsements, is the entire contract between of the Mortgage shall also be subtracted from Our You and Us. To determine the meaning of any part of this Policy, Maximum Dollar Limit of Liability for the particular You must read the entire Policy and any endorsements. Any Covered Risk. changes to this Policy must be agreed to in writing by Us. Any f. If You do anything to affect any right of recovery You claim You make against Us must be made under this Policy and is may have against someone else, We can subtract from subject to its terms. Our liability the amount by which You reduced the 9. INCREASED POLICY AMOUNT value of that right. The Policy Amount then in force will increase by ten percent 7. TRANSFER OF YOUR RIGHTS TO US (10%)of the Policy Amount shown in Schedule A each year for a. When We settle Your claim, We have all the rights and the first five years following the Policy Date shown in Schedule A, remedies You have against any person or property up to one hundred fifty percent(150%)of the Policy Amount related to the claim. You must not do anything to shown in Schedule A. The increase each year will happen on the affect these rights and remedies. When We ask, You anniversary of the Policy Date shown in Schedule A. must execute documents to evidence the transfer to 10. SEVERABILITY Us of these rights and remedies. You must let Us use If any part of this Policy is held to be legally unenforceable, both Your name in enforcing these rights and remedies. You and We can still enforce the rest of this Policy. b. We will not be liable to You if We do not pursue these 11. ARBITRATION rights and remedies or if We do not recover any a. If permitted in the state where the Land is located,You amount that might be recoverable. or We may demand arbitration. c. We will pay any money We collect from enforcing b. The law used in the arbitration is the law of the state these rights and remedies in the following order: where the Land is located. (1) to Us for the costs, attorneys'fees and expenses c. The arbitration shall be under the Title Insurance We paid to enforce these rights and remedies; Arbitration Rules of the American Land Title Association (2) to You for Your loss that You have not already ("Rules' . You can get a copy of the Rules from Us. collected; d. Except as provided in the Rules, You cannot join or (3) to Us for any money We paid out under this Policy consolidate Your claim or controversy with claims or on account of Your claim; and controversies of other persons. (4) to You whatever is left. e. The arbitration shall be binding on both You and Us. d. If You have rights and remedies under contracts (such The arbitration shall decide any matter in dispute as indemnities,guaranties, bonds or other policies of between You and Us. insurance)to recover all or part of Your loss,then We f. The arbitration award may be entered as a judgment in have all of those rights and remedies,even if those the proper court. contracts provide that those obligated have all of Your 12. CHOICE OF LAW rights and remedies under this Policy. The law of the state where the Land is located shall apply to this policy. In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company i-v^",5r1t50C .'rmr ti pr:'..-,In.,,rn (This Policy is valid only when Schedules A and 8 are attached) Copyright 2006-2010 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. =orm 5020500 CTT 14) Page 6 of 9 [Policy Number 2322522 ALTA Homeowners Policy of Title Insurance(Rev 2 3-10) Homeowner's Policy of Title Insurance First � '�" For a One-To-Four Family Residence ISSUED BY EaglIeSchedule A First American Title Insurance Company li POLICY NUMBER 5020500-2322522 Name and Address of Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana, CA 92707 File No.: 4266-2322522 Premium: $728.00 Policy Amount: $235,000.00 Policy Date (and Time): January 07, 2015 at 5:00 p.m. Deductible Amounts and Maximum Dollar Limits of Liability for Covered Risk 16, 18, 19 and 21: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A $10,000 or $2,500 (whichever is less) Covered Risk 18: 1% of Policy Amount Shown in Schedule A $25,000 or $5,000 (whichever is less) Covered Risk 19: 1% of Policy Amount Shown in Schedule A $25,000 or $5,000 (whichever is less) Covered Risk 21: 1% of Policy Amount Shown in Schedule A $5,000 or $2,500 (whichever is less) Street Address of the Land: 918 W Meeker St, Kent, Washington 98032 1. Name of Insured: City of Kent a Municipal Corporation 2. Your interest in the Land covered by this Policy is: Fee Simple 3. The Land referred to in this Policy is described as: Real property in the City of Kent, County of King, State of Washington, described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MEEKER AVENUE, NOW MEEKER STREET, WITH THE EAST LINE OF NADEEN(Naden) AVENUE; THENCE EAST ALONG THE SOUTH LINE OF MEEKER AVENUE, NOW WEST MEEKER STREET, 60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PARALLEL TO THE EAST LINE OF NADEEN(Naden) AVENUE 180 FEET; THENCE EAST 50 FEET; -Form 5020500(7 1 14) Page 7 of 9 yyPolicy Number 2322522 �" ALTA Homeowners Policy of Title Insurance(Rev THENCE NORTH PARALLEL TO THE EAST LINE OF NADEEN(Naden) AVENUE 180 FEET; THENCE WEST 50 FEET TO THE TRUE POINT OF BEGINNING. APN: 242204-9104-08 i !Form 5020500(7 1 14) Page 8 of 9 Policy Number 2322522 ALTA Homeowners Policy of Title Insurance(Rev. 2- 3-10) ^ Homeowner's Policy of Title Insurance ^ FirstAmerycan For @OOe-Tl~FnUr Family Residence oSusn BY First American Title Insurance Company Eagle Schedule B POLICY NUMBER File No.: 4260'2322SZZ EXCEPTIONS In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. General Taxes and assessments, if any, for the year Z015inan amount not yet available, which cannot be paid until February 15th. Tax Account N0.: 24Z204'9104'08 2. Easement, including terms and provisions contained therein: Recorded: January 88, 1O87 Recording Information: 8701098744 IA Favor Of: Puget Sound Energy, Inc./ a Washington corporation For: Electric transmission and/or distribution system - -