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HomeMy WebLinkAboutCAG2020-0987 - Original - GRE Meeker Street LLC - Police Service Agreement - 09/04/2018KENT POLICE SERVICES AGREEMENT THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter "Kent"), and GRE Meeker Street LLC , organized under the laws of the State of Washington, located and doing business at 2801 Alaskan Way Suite 310. Seattle. WA 98121 (hereinafter the "Contractor"). I. TERM *AGREEMENT- FURTHER DEFINED . INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments") which describe the scope of services to be performed. The Attachments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, while this main Agreement will only be signed one time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable with regard to each instance of work performed pursuant to each Attachment. In the event of a conflict between the terms of this Agreement and any Attachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into this Agreement as if set forth herein in full' II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent police officer who will be dedicated to performing the services described in the Attachment(s) to this Agreement. police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. III. COST OF SERVICES AND PAYMENT A, Hourly Rate. Contractor shall pay to the Kent Police Depaftment a sum for each hour of worked performed by a commissioned police officer. The Chief of Police or his or her designee shall have the authority to determine the hourly rate that will be specified in the Attachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under this Agreemeni. .Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) h6urs of work or the actual number of hours worked during each instance that a police officer performs services, For example, if Contractor needs two (2) police officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) polici officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that POLICE SERVICES AGREEMENT - 1 (Form Verslon: 112076) CAG2020-0987 last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day. The Contractor will be billed and shall pay the rate for work over ten (10) hours even if not specified in the Attachment. D. Method and Time of Payment. Kent shall, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made to the "City of Kent" and shall be delivered to: City of Kent Attn : Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (1olo) of the amount of the unpaid balance on the account or two dollars ($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. Any invoice or service charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by couft proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent and its Police Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services being called for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of providing full payment; provided, that in the event the interruption lasts longer that one half of one hour (i,e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time not performing services under this Agreement. V. INDEMNIFICATION. A. General. Contractor shall defend, indemnify, and hold Kent, 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 Kent's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of Kent or its officers or employees. POLICE SERVICES AGREEMENT - 2 (Form Version: tl2oL6) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTMCTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSUMNCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICAIoIv. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY N EGOTIATED THIS WAIVER. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police bepartment, and iti officers and employees of the Kent Police Department, owe a general duty to the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor any of its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor. Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or propefty as a result of the work performed under this Rgreement. In the event of injury to any person or propefty, Contractor shall not asseft that Kent, iti police Department, or its police officer owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or property of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C, Survival. The provisions of this Section V shall survive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an employee or agent of the other. vII. TERMINATION, ALTERATION, OR RESCHEDULING, In the event Kent is unable to obtain the services of a Kent Police Officer to perform the services called for in the Agreement, Kent wi1 contact Contractor, and advise Contractor that Kent is unable to perform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one-half (10,5) hours before the services are called for shall result in the Contractor paying the minimum four (4) hours of service provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At AII tiMCS during Kent's performance of this Agreement, Contractor shall abide by all laws and regulations applicible to iontractor's business. Moreover, Contractor shall not, by reason of race, religion, coior, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or POLICE SERVICES AGREEMENT - 3 (Form version: 1/2016) physical disability, discriminate against any person in violation of any laws of the State of Washington or the United States. IX. INSURANGE. Contractorshall atall timesduring Kent'sperformanceof theservicescalled for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference' X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police officer is performing services pursuant to this Agreement. XI. MISCETLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of Kent 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, B. 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. tn any claim or lawsuit for damages arising from the _pafties' performance of this Agreement, each pafty 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 proviae? by law; provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section V.B. of this Agreement. C. 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 da_ys 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. D. 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 tfris Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. 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 Kent and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this POLICE SERVICES AGREEMENT - 4 (Form verslon: 1/2016) Agreement. All of the above documents are hereby made a part of this Agreement. However, sh]ould any language in any of the Exhibits or Attachments to this Agreement conflict with any language contalned in this Agreement, the terms of this Agreement shall prevail. Fufther, the repiesJntative signing this Agreement on behalf of Contractor swears and affirms that he or she is authorized to entei into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. Contractor agrees to comply with all federal, state, and municipal laws, ruies, 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. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall ionstitute 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: By: (signature) Print Name: Eric Bentler Its ..GRE Constructio (tiile) DATE:al27lt8 KENT: By: (signature) Print Name : RafaeltAdi I I a. -------{€nffeth Themm DATE:l)C- /-f- 2a NOTICES TO BE SENT TO: CONTRACTOR: Attn:Shannon Vail 2 1 Alaskan Wav. Su 310 Seattle, WA r2t 253-389-9.287 (telePhone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: sgt.SGT M Stansfield City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5809 (telephone) (253) 856-6802 (facsimile) t (niltfildoF tibnlt4.tdrdfi'hU(hn'nolohr ll.cd ss k6,\E..ilmr lt otrh[ sdl &r POLICE SERVICES AGREEMENT - 5 (Form verslon: U2Ol6) KE T SCOPE OF SERVICES ATTACHMENT To Police Services Agreement This Scope of Services Attachment shall be incorporated into the Police Services Agreement signed by GRE Meeker Street (hereinafter "Contractor") on 8127lLB I. DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police officerwho will be dedicated to performing the following services (check box that applies): X Flagging/Traffic Control n Security for Entertainment Venue or Event tr Security for Retail Establishment tr Guarding of Property, Buildings, Possessions, or Equipment tr other II Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. HOURLY RATE & NUMBER OF OFFICERS REQUIRED, The work called for herein shall be paid by Contractor at the following hourly rates and the Contractor requests the following number of officers: x Extra-Duty Work: Officer Up to $80 per hour.* Number of Officers Required:1 Extra-Duty Work: SuPervisor Up to $100 per hour.*Number of Supervisors Required:- * Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates based on factors such as time in service, assignment, education, etc. The rate quoted is the maximum rate that will be billed subject to overtime holiday rates specified below. Contractor's rate may be lower. A.Four Hgur Minimum, There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under the Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) officers for six (5) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. u SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 1 of 2 (Form Version: L2l2Ol7 B. Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5) times the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shift. Therefore, if a police officer works ten (10) hour:, he or she shall ie iaid at the rate specified above. If the officer works twelve (12) hours, he or she snalt Ue paid at the rate specified above for the first ten (10) hours, and at a rate of one and one half (1.5) times ihe rate specified above for the remaining two (2) hours. C. Hotiday Rate. The following holidays are observed by Kent police officers: New Year's DayJ"larti; Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and christmas. Except as otherwise provided in this section, all hours worked during an observed holiday, or during f S:OO hours to 23:59 hours on Christmas Eve or New Year's Eve, will be billed at one -ana a half (1.5) times the rate specified above. All hours worked on Thanksgiving Day or Christmas Day will be billed at a rate of two (2'0) times the rate specified above' D Contractor's Termlnation, Altef-ation. or Resche4uling of Services-. Cancellation, alteration,orffiicerservicesbytheContractor.foraspecificdate must be made at least ten and a one-half (10.5) hours prior to the scheduled start time for that date. If Contractor fails to provide ten and one-half (10.5) hours advance notice from the scheduled start time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date in accordance with Section II.A. above. Cancellation, alteration, or rescheduling notification can be made by phone or email' tocATroN oF SERVTCES. The services called for herein shall be performed at the following location: 2801 Alaskan Way. Suite 310. Seattle, WA 98121 III. IV Corn of 54th &r. Kent WA c80i2 A police officer will arrive at the above location on the date and time specified below. DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services from 8:0Q-9:00am & 3:00pm-4:30pm September 4,2078 to September 7,2018' By signing below,I understand that I am entering a contract to hire police officers to perform the work described above, I ag ree to the terms of this ScoP e of Services Attachment and all of the terms contained within the Po I ice Services Ag reement referenced herein, and finally if I am signing this Scope of Services Attachment behalf of an organization, I swea r and affirm that I am authorized to do so on behal e organi on and on is binding on the Contractor al )7 118 sig Date Eric Approved by: 06- /s- Police Department Date Print Name Address SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 (Form Version: ]-2l20t7) I .t/-> *(\ Arch Insurance Group Wrap-Up Application For Insurance I. GENERALINF'ORMATION: Named Insured(s): Mailing Address: Project Name: Project Address: Project Start Date: Project Completion Date: Has Financing Been Secured? What Is The Source Of Financing? Name of Audit Contact' mailing address & phone number: Name of Loss Control Contact, mailing address & phone #: Name of Admin. Contacto mailing address & phone #: II. PROJECT DETAILS: GRE Meeker Street LLC 2801 Alaskan Way Suite 310, Seattle, WA 98121 Meeker W. Meeker and 64th Ave South, Kent, WA 98032 7/15/20 7 /15118 lves [No n/a Tim Dickerson 206-448-0259 Any construction to involve use of EIFS (Exterior Insulation X'inish Systemf n Yes X No Proiect Description: 365 residential apartment units together with ancillary uses and 98,930 square feet of commercial space. The residential units will be contained in (3) podium style buildings, (2) "Garden Style" wood-framed buildings and (1) Leasing Center. The podium buildings are anticipated to have (3) levels of wood frame residential construction Type VI over (1) concrete podium deck containing approximately over 30,000 sf each of commerical space including Flexible/Commercial units and Parking. Proiect Details:# of Units # of Buildines # of Stories Construction Tvpe (wood frame, concrete, etc.) Single Family Dwellings: Townhouses: -Condominiums: Apartments: 365 5 3 wood frame over concrete Other: If Other, please describe: Estimated total Field Payroll (for ALL contractors) for project term: $ n/a Estimated total Construction Cost for project term: $ $65.000.000 Estimated total sale prices for all units: $ n/a Construction Cost definition: The total cost of all work let or sublet in connection with each specific project including ( I ) the cost of all labor, materials and equipment furnished, used or delivered for use in the execution of the work; and (2) all fees, bonuses or commissions made, paid or due. GeneralLiability-7827J0t8-04-24 1 Of 5 Describe surrounding exposures including proximitv of anv adiacent structures: North: Meeker Street South: Riverwood Apartment Homes East: 64th Avenue South West: Riverwood Apartment Homes and an asphalt parking lot Are there anv exnosure to hillsides. slones. Iandfill or other notential subsidence areas? ! Ves [l No Description: Was the site nreviously develoned? n yes X No Description: Agricultural Please be sure to include complete details of any previous site improvements which will be party of the final project, Will the nroiect involve anv demolition of existins structures? ! Ves ffi No Description: III. PROJECT TEAM - BACKGROUND/EXPERIENCE: A. Project Sponsor Name of Sponsor. contact-person. mailing address. and phone number: GRE Meeker Street LLC Describe past Residential construction experience of the Sponsor: Goodman Real Estate has been in business since 1980. See their portfolio at www.goodmanre.com B. Project Architect Name of Architect. contact-person. mailing address. and phone number: Studio Meng Strazzara,2001 Westem Ave, Suite 200, Seattle, WA 98121, Chris Davidson206-587-379 Describe Architect's past Residential exnerience: www.studioms.com C. Project General Contractor Name of General Contractor. contact-person. mailing address. and phone number: GRE Construction LLC Address:2801 Alaskan Way, Suite 310, Seattle, WA 98121 Describe past Residential construction experience ofthe General Contractor (such as the number and tvpes of residential structures built): 142 units built as ofJune 2018. 158 units under construction. 68 condo units under construction. General Contractor - number of Years in business: I year. I month General Contractor - number of years buildinq residential structures: I year. 1 month GeneralLiability 7827 20 I 8-04-24 2of5 Policy Period Insurance Carrier Valuation Date #of Claims Incurred Losses Current Year l't Prior Year 2nd Prior Year 3'd Prior Year 4th Prior Year 5th Prior Year 6th Prior Year 7th Prior Year 8th Prior Year 9th Prior Year Total(s):$ (Note: Incurred Losses : Expense + Paid + Reserved. "See attached loss runs" - NOT ACCEPTABLE) Large Losses: (Each Loss $20'000 and Greater) Policy Year Date of Loss Total Incurred Open/ Closed Description of Loss $ (Note: "See aftached loss runs" - NOT ACCEPTABLE) IV. RISK MANAGEMENT: A. Pre-Construction Operations l. Are there any known pollution exposures on jobsite? X yes n No Ifyes, describe known pollution exposures onjobsite (include environmental reports); Dieldrin concentrations in shallow soils (less than I foot bgs) across the pronertv. All Dieldrin will be removed prior to starting construction activites in July 2018. Arsenic concentrations Petroleum release from the upsradient Texaco station that migrated to the Propefty via groundwater. 2. Were there any significant design or material selection decisions made to prevent claims? [l Ves ! No Ifyes, please provide specific details ofsuch decisions? Install oretroleum compatible vapor barrier beneath the planned building where the pretroleum resides. 3. Does the General Contractor have a formal subcontractor pre-qualification program? [ Yes ! No Ifyes, please provide specific details oftheir program? Details forthcomine General Liabi li ty -7 8 27 _2 0 I 8 -04-2 4 3 of 5 B. Quality Control Program 1 Does the Named Insured have a Quality Control Program in effect to monitor all construction activities? ! ves I No Ifyes: a) Who is responsible for managing the program? -b) Briefly describe the program and/or attach a copy ofthe program to this questionnaire: 2. Does the Named Insured have a written Site Inspection Program? X yes E No a) When are the inspections performed? Weekly b) Are surprise inspections conducted? [ Ves ! No c) Who determines the inspection schedule? 3'd Party Consultant d) Who conducts the inspections? 3'd Party Consultant e) Briefly describe the established criteria for required follow-up: If yes: 3. Does the Named Insured have any Independent Inspections/Assessments performed? [ Ves fl No If yes: a) Who is providing this service? Lender Consultant b) Briefly describe the scope oftheir services and/or attach a copy oftheir contractto this questionnaire: Monthly review of work completed and GC pay applications c) What percentage of units are to be inspected and how often? C. Safety Program l. Does the Named Insured have written safety program? X Yes ! No If yes; a) Who is designated as the safety manager on site? Site Superintendent (l) Is this person on site full time? X Yes ! No b) Does the program require that there be scaffolding and fall protection? X yes ! No (l) What height requirement is maintained? 6 feet I believe c) Does the safety program specifically address: (l) Site Security? [lves E No n Not Applicable (2) Attractive Nuisance? [ Ves n No n Not Applicable (3) Power Lines? [ ves f]No E Not Applicable (4) Traffic Control? [lves E No n Not Applicable (5) Utility ldentification? X Yes ! No n Not Applicable 2. Are customers and future customers or other third parties allowed on site? [ Ves ! No lf yes, a) What precautions are taken to protect third party visitors? They have to eo throush a site orientation and have all required safety gear. We have extra sear on site and they are accompanied bv the site superintendent or assistant superintendent. D. Post Construction Operations l. Does the Named Insured have a written procedure for conducting final inspections for each dwelling at completion? fi ves ! No If yes, a) Who conducts these inspections? GC performs a pre-inspection. then the architect and owner do an inspestion b) Are these final inspections documented? X Yes ! No c) How long is documentation maintained? Duration as required by law' 2. Does the Named Insured conduct walk through inspections with the buyers? n yes X No If yes, a) Who conducts these inspections? - b) Is a checklist used? ! Yes flNo c) How long is documentation maintained? -3. Will the Named Insured provide a Homeowners Manual to each buyer? n yes n No GeneralLiability 7827 20 I 8-04-24 4 of 5 E. Home Warranty Program l. Will the Named Insured have a formal customer service department? n yes X No a) How many years will you have a full time customer service department? -b) Who is responsible for customer service? - (l) Is this person on site full time? n Yes ! No c) Does the Named Insured solicit and obtain homeowner surveys? ! Ves fl No Briefly describe how survey information is maintained and used: If yes, Ifyes, 2. Will the Named Insured provide each buyer with a Home Warranty? ! Ves ! No If yes, a) Will the Home Warranty be insured by a third party? ! Ves ! No If yes, (1) Who is the insurer? - (2) What is the duration of these policies? (3) Are these policies renewable by the dwelling owner? E Ves E No 3. Describe how warranty work will be addressed following completion of the project: Warranty items will be addressed up to I year followins project completion as they are brough to the team's attention. a) Who will do the warranty repairs? Depends b) Will there be a database monitoring system for the warranty program? ! Ves [l No If yes, Briefly describe the system: V. ADDITIONAL INF'ORMATION WHICH MUST ACCOMPANY THIS OUESTIONNAIRE l. Site Map 2. Soil/Geotechnical Report (must be less than one year old) 3. Construction Budget NOTICE TO APPLICANT, PLEASE READ CAREFULLY: THE APPLICANT REPRESENTS THE ABOVE STATEMENTS AND FACTS ARE TRUE AND NO MATETIAL FACTS HAVE BEEN SUPPRESSED OR MISSTATED. COMPLETION OF THIS FORM DOES NOT BIND COVERAGE, APPLICANT'S ACCEPTANCE OF COMPANY'S QUOTATION IS REQAIRED PRIOR TO BINDING COVERAGE AND POLrcY ISSUANCE. IT IS AGREED THAT THIS FORM SHALL BE THE BASIS OF THE CONTRACT SHOULD A POLICY BE ISSUED, AND IT WILL BE ATTACHED TO THE POLICY, APPLICANT HEREBY AATHORIZES THE RELEASE OF CLAIM INFORMATION FROM ANY PRIOR INSARER TO THE COMPANY INDICATED ABOVE, ANY PERSON WHO KNOI,YINGLY AND WITH INTENT TO DEFRAUD ANY INSUMNCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE CONTAINING ANY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAADULENT INSURANCE ACT, Date:Signature of Applicant: Name and Title: Signature ofProducer: Name and Title: G eneralLiabi lity _7 I 2 7 _2 0 I 8 -04-2 4 Date: 5ot)