HomeMy WebLinkAboutCAG2020-346 - Original - Outdoor Aluminum, Inc. - Service Club Ballfields Bleachers - 10/29/2020October 28, 2020
OK to sign, 10/29/2020 TW.
CAG2020-346
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Outdoor Aluminum, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Outdoor Aluminum, Inc. organized under the laws of the State of Alabama,
located and doing business at 1989 East State Highway 52, Geneva AL 36340; Mailing Address: P.O. Box
118, Geneva, AL 36340. Phone: (800) 225-4249 (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
Vendor to supply eight (8) each all aluminum non-elevated welded angle frame bleachers for
the Service Club Ballfields as described on atached Proposal dated 10/06/2020 attached as
Exhibit A.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by December 31, 2020.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed FIFTY FIVE
THOUSAND EIGHT HUNDRED TWENTY NINE DOLLARS AND FORTY CENTS ($55,829.40), including applicable
Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
Venndor shall submit final invoice to: AccountsPayable@KentWA.gov upon completion of
project.
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor 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 Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor’s services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor 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 Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
VI. CHANGES.The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor 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.
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor 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 Vendor knew or should have known of the facts
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
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 Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor'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 Vendor'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 Vendor is asserting a schedule change or disruption.
B. Records. The Vendor 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
Vendor'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.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor 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 Vendor
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 Vendor 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. VENDOR 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 VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
discovery of the defect. In the event any part of the goods are repaired, 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 an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor 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 Vendor, its sub-contractors, or any person acting on behalf of the
Vendor 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.
The Vendor 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. The Vendor 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 Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'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.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Vendor 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 VENDOR'S RISK. The Vendor 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 the
Vendor's own risk, and the Vendor 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
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
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 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 the Vendor.
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 Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Brad R. Martin, President/Owner
M.V.P. Inc.
15717 S.E. 240th Street
Kent, WA 98042
(253) 859-8223 (telephone)
(253) 859-9533 (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Brian Saw, East Operations Supervisor
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 740-7083 - cell or
(253)telephone)
(253) 630-0670 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
10/29/2020
EEO COMPLIANCE DOCUMENTS - 1 of 3
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.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
EEO COMPLIANCE DOCUMENTS - 2 of 3
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:
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.
EEO COMPLIANCE DOCUMENTS - 3 of 3
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.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
Outdoor Aluminum
P.O. BOX 118; GENEVA, AL 36340
TELEPHONE (800)225-4249
FAX (334)684-2231
MANUFACTURER
M.V.P. Inc.
15717 SE 240
th ST., KENT, WA 98042
TELEPHONE (253)859-8223
FAX (253)859-9533 E-MAIL mvp@bmi.net
REPRESENTATIVE
PROPOSAL
Proposal To:
Date: 10/9/2020
Project: Service Fields
From: Brad Martin
Number Of Pages In This Proposal: 1
We are pleased to offer the following:
EIGHT EACH DLW 5-21, ALL ALUMINUM NON-ELEVATED WELDED ANGLE FRAME BLEACHERS, 5
-
2X10 ANODIZED SEATS
DOUBLE 2X10 MILL FINISH FOOTBOARDS
1X6 MILL FINISH RISER ROWS 2- 4; 2X10 MILL FINISH RISER LAST ROW ONLY
LOCATED WITHIN EACH OF THE UNITS IS
HANDRAIL
GUARDRAIL SYSTEM CONSISTS OF 2/LINE RAIL WITH CHAIN LINK FENCE ON THE BACK AND
3/LINE RAIL WITH CLF ON THE SIDES TO ROW 3
THERE ARE NO PROVISIONS FOR HANDICAP ACCESSIBILITY
MATERIALS DELIVERED & INSTALLED: $ 50,754.00
Pricing valid for 21 days and does not include any provision for taxes, permits, bonds, installation (ONLY AS
OUTLINED ABOVE), anchorage, local code compliance, ADA COMPLIANCE, or any other extraneous fees.
Bleacher designed in accorda
BUILDING CODE; any additional national, local or state requirements may result in additional costs, all to
be borne by the Owner.
**OUTDOOR ALUMINUM BLEACHERS HAVE BEEN DESIGNED TO REST ON FIRM, FLAT AND LEVEL
SURFACE; NO PROVISIONS HAVE BEEN INCLUDED FOR ANCHORAGE TO PREVENT WIND
OVERTURNING; THIS WILL BE THE RESPONSIBILITY OF THE OWNER.
Mr. Brian Saw
City of Kent
EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS
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 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
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.coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1.Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2.Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1.
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contracto
shall not contribute with it.
2.
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
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification 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 insurance requirements of
the Contractor before commencement of the work.
F. 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.
OUTDALU-01 CHOWA
.a►C'QIe[7 CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDONYYY)
10f7412020
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
fhe Witherington Insurance Group
>O Box 448
Troy, AL 36081
INSURED
Outdoor Aluminum Inc.
P. O. Box 118
Geneva, AL 36340
iw"c": Ne. Fmi: (334) 566-1477 I ME Ne}:f3341566-7986 I
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLJCY EFF
POLICY EXPLTR
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
X
CA000015747-10
5I812020
5/812021
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
$ 50,000
MED EXP (Any oneperson)
S 5,000
PERSONAL S ADV INJURY
$ 1,000,000
GENT
AGGREGATE LIMIT APPLIES PER:
POLICY 7" pp?LOC
OTHER
GENERAL AGGREGATE
2,000,000
PRODUCTS - COMPIOP AGG
$ 2,000,000
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY _ AUUTOp$y�NE
AUTO$ ONLY X AUTOS ONLDY
X
5E-865-01 --- 21
I
f
5/8/2020
5/812021
COMBINED SINGLE LIMIT
1,000.000
X
BODILY INJURY Per rson
$
BODILY INJURY Per accident
$
X
MAGE
PPerOacE.cRident A
C
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
682-114180-6
5i812020
51812021
EACH OCCURRENCE
$ 10,000,000
X
AGGREGATE
$ 10,000,000
DEO X RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y1NSTATUTE
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFeFIC� � . NINE EXCLUDED?
{(��
if yes, describe under
DESCRIPTION OF OPERATIONS below
N f A
PER OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he atteched N more space is required)
Certificate Holder is an Addtional Insured per attached forms:
(GL) CG 20 10 0413, CG 20 37 04 13; AD 06 57 02 17
(Auto) CA7460(11-17)
(Cancellation) IL 00 17 1198
tK
City of Kent, Washington
220 Fourth Ave South
Kent, WA 96032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BF DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) c 1988-2016 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: CA000015747-10
CIS 20 10 04 13
Effective Date: 05/08/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON
OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Locations Of Covered Operations
Any person or organization that is an owner of real property or All locations at which the Named Insured is performing
personal property on which you are performing ongoing opera- ongoing operations.
tions, or a contractor on whose behalf you are perforating
ongoing operations, but only if coverage as an additional
insured is required by a written contract or written agreement
that is an "insured contract", and provided the "bodily injury"
or "property damage" first occurs, or the "personal and adver-
tising injury" offense is First committed, subsequent to the
execution of the contract or agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section 11— 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", "property damage" or "personal and advertising in-
jury" caused, in whole or in pan, by:
I. Your acts or ornisslans; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than
service, maintenance or repairs) to be perforated by or on behalf of the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person
or organization other than another contractor or subcontractor engaged in performing operations for a principal as a
part of the same project.
CG 20 10 04 13 0 Insurance Services 0ffice, Inc., 2011 Page 1 of 2 13
C. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits Of
Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
CC 20 10 04 13 0 Insurance Services Office. Inc., 2012 Page 2 of 2 C)
Policy Number: CA000015747-10
AD 06 57 02 17
Effective Date: 05/08/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY/NON-CONTRIBUTING INSURANCE
ENDORSEMENT
This endorsement modifies insurance provided tinder the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Any person or organization qualifying as an Additional Insured under either ADDITIONAL INSURED -OWNERS,
LESSEES OR CONTRACTORS -SCHEDULE PERSON OR ORGANIZATION CG2010 or ADDITIONAL IN-
SURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS CG2037 if attached to and
made part of this policy.
It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply
with respect to other valid and collectible Commercial General Liability insurance, whether primary or excess, available to
the person or organization shown in the Schedule and:
1) Who is an insured under an Additional Insured -Owners. Lessees or Contractors endorsement attached to this policy.
and
2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid
and collectible insurance available to that person or organization.
This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured
endorsement.
AD 06 57 02 17 Page 1 of 1 13
Policy Number: CA000015747-10
CG 20 37 04 13
Effective Date: 05/08/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Location And Description Of
Or Or anization s
Completed Operations
Any person or organization that is an owner of real property
All locations except locations where "your work" is or was
or personal property for whom you work or have worked, or
related to a job or project involving single-family dwellings,
a contractor on whose behalf you work or have worked, but
multi -family dwellings (other than rental aapartments in an
only if coverage as an additional insured extending to
apartment building: (a) originally constructed and at all times
"bodily injury" or "property damage" included in the
used for such purpose, or (b) converted from a commercial
"products -completed operations hazard" is required by a
building), condominiums, townhomes, townhouses, time -
written contract or written agreement that is an "insured
share units, fractional -ownership units, cooperatives and/or
contract" and provided that the "bodily injury" or "property
any other structure or space used or intended to be used as a
damage" first occurs subsequent to the execution of the
residence.
contract or agreement.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to 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" at the location designated and described in the Schedule of this endorsement perforated for that additional
insured and included in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such
additional insured will not be broader than that which you are required by the contract or agreement to provide for
such additional insured.
B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of
Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of
the additional insured is the amount of insurance:
1. Required by the contractor agreement; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
CG 2037 04 13 Q Insurance Services Office, Inc., 2011 Page 1 of 1 13
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTO ELITE EXTENSION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of
coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by the endorsement.
A. TEMPORARY SUBSTITUTE AUTO PHYSICAL
DAM AG E
Section I — Covered Autos Paragraph C. Certain
Trailers, Mobile Equipment, and Temporary
Substitute Autos is amended by adding the
following:
If Physical Damage Coverage is provided by this
coverage form for an "auto" you own, the Physical
Damage Coverages provided for that owned
"auto" are extended to any "auto" you do not own
while used with the permission of its owner as a
temporary substitute for the covered "auto" you
own that is out of service because of breakdown,
repair, servicing, "foss" or destruction.
The coverage provided is the same as the
coverage provided for the vehicle being replaced.
B. AUTOMATIC ADDITIONAL INSUREDS
The Who Is An Insured provision under Covered
Autos Liability Coverage is changed to include
the following as an "insured":
1. Where Required by a Contract or Agreement
the following is added:
The Who Is An Insured provision contained in the
Business Auto Coverage Form is amended to
add the following:
Any person or organization whom you become
obligated to include as an additional insured under
this policy, as a result of any contract or agreement
you enter into which requires you to furnish
insurance to that person or organization of the type
provided by this policy, but only with respect to
liability covered by the terms of this policy, arising
out of the use of a covered "auto" you own, hire or
borrow and resulting from the acts or omissions by
you, any of your "employees" or agents. The
insurance provided herein will not exceed:
(1) The coverage and/or limits of this policy, or
(2) The coverage and/or limits required by said
contract or agreement,
whichever is less.
C. EMPLOYEES AS INSUREDS
The following is added to the Section II — Covered
Autos Liability Coverage, Paragraph A.1. Who Is
An Insured provision:
Any "employee" of yours is an "insured" while using
a covered "auto" you don't own, hire or borrow in
your business or your personal affairs.
D. EMPLOYEE HIRED AUTOS
1. Changes In Covered Autos Liability
Coverage
The following is added to the Who Is An
Insured provision:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your business.
2. Changes In General Conditions
Paragraph 5.b. of the Other Insurance
Condition in the Business Auto Coverage Form
is replaced by the following:
For Hired Auto Physical Damage Coverage, the
following are deemed to be covered "autos"
you own:
a. Any covered "auto" you lease, hire, rent or
borrow; and
b. Any covered "auto" hired or rented by your
"employee" under a contract in an
"employee's" name, with your permission,
while performing duties related to the
conduct of your business.
However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".
E. NEWLY FORMED OR ACQUIRED
ORGANIZATIONS
Section II — Covered Autos Liability Coverage,
A.1. Who Is An Insured is amended by adding the
following:
CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5
Any organization which you acquire or form after
the effective date of this policy in which you
maintain ownership or majority interest. However:
(1) Coverage under this provision is afforded only
up to 180 days after you acquire or form the
organization, or to the end of the policy period,
whichever is earlier.
(2) Any organization you acquire or form will not be
considered an "insured" if:
(a) The organization is a partnership or a joint
venture; or
(b) That organization is covered under other
similar insurance.
(3) Coverage under this provision does not apply
to any claim for "bodiiy injury" or "property
damage" resulting from an "accident" that
occurred before you formed or acquired the
organization.
F. SUBSIDIARIES AS INSUREDS
Section II — Covered Autos Liability Coverage,
A.1. Who Is An Insured is amended by adding the
following:
Any legally incorporated subsidiary in which you
own more than 50% of the voting stock on the
effective date of this policy. However, "insured"
does not include any subsidiary that is an "insured"
under any other automobile liability policy or was an
"insured" under such a policy but for termination of
that policy or the exhaustion of the policy's limits of
liability.
G. SUPPLEMENTARY PAYMENTS
Section II — Covered Autos Liability Coverage,
A.2.a. Coverage Extensions, Supplementary
Payments (2) and (4) are replaced by the
following:
(2) Up to $5,000 for cost of bail bonds (including
bonds for related traffic law violations) required
because of an "accident" we cover. We do not
have to furnish these bonds.
(4) All reasonable expenses incurred by the
"insured" at our request, including actual loss of
earnings up to $500 a day because of time off
from work.
H. FELLOW EMPLOYEE COVERAGE
In those jurisdictions where, by law, fellow
employees are not entitled to the protection
afforded to the employer by workers compensation
exclusivity rule, or similar protection. The following
provision is added:
Subparagraph 5. of Paragraph B. Exclusions in
Section II — Covered Autos Liability Coverage
does not apply if the "bodily injury' results from the
use of a covered "auto" you own or hire.
Section III — Physical Damage Coverage, A.2.
Towing is replaced with the following:
We will pay for towing and labor costs incurred,
subject to the following:
a. Up to $100 each time a covered "auto" of the
private passenger type is disabled; or
b. Up to $500 each time a covered "auto" other
than the private passenger type is disabled.
However, the labor must be performed at the place
of disablement.
J LOCKSMITH SERVICES
Section III — Physical Damage Coverage, AA.
Coverage Extensions is amended by adding the
following:
We will pay up to $250 per occurrence for
necessary locksmith services for keys locked inside
a covered private passenger "auto". The
deductible is waived for these services.
K. TRANSPORTATION EXPENSES
Section III — Physical Damage Coverage, A.4.
Coverage Extensions Subparagraph a.
Transportation Expenses is replaced by the
following:
(1) We will pay up to $75 per day to a maximum of
$2,500 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type.
We will pay only for those covered "autos" for
which you carry either Comprehensive or
Specified Cause Of Loss Coverage. We will
pay for temporary transportation expenses
incurred during the period beginning 48 hours
after the theft and ending, regardless of the
policy's expirations, when the covered "auto" is
returned to use or we pay for its "loss".
(2) If the temporary transportation expenses you
incur arise from your rental of an "auto" of the
private passenger type, the most we will pay is
the amount it costs to rent an "auto" of the
private passenger type which is of the same
like kind and quality as the stolen covered
"auto".
L. AUDIO, VISUAL, AND DATA ELECTRONIC
EQUIPMENT COVERAGE ADDED LIMITS
Audio, Visual, And Data Electronic Equipment
Coverage Added Limits of $5,000 Per "Loss" are in
addition to the sublimit in Paragraph C.1.b. of the
Limits Of Insurance provision under Section III —
Physical Damage Coverage.
M. HIRED AUTO PHYSICAL DAMAGE
Section III — Physical Damage Coverage, A.4.
Coverage Extensions is amended by adding the
following:
CA7450(11-17) Includes copyrighted material of 150 Properties, Inc, with its permission. Page 2 of 5
If hired "autos" are covered "autos" for Liability
Coverage, and if Comprehensive, Specified
Causes of Loss, or Collision coverage is provided
for any "auto" you own, then the Physical Damage
coverages provided are extended to "autos" you
hire, subject to the following limit and deductible:
(1) The most we will pay for loss to any hired
"auto" is the lesser of Actual Cash Value or
Cost of Repair, minus the deductible.
(2) The deductible will be equal to the largest
deductible applicable to any owned "auto" for
that coverage. No deductible applies to "loss"
caused by fire or lightning.
(3) Subject to the above limit and deductible
provisions, we will provide coverage equal to
the broadest coverage applicable to any
covered "auto" you own.
We will pay up to $1,000, in addition to the limit
above, for loss of use of a hired auto to a
leasing or rental concern for a monetary loss
sustained, provided it results from an "accident"
for which you are legally liable.
However, any "auto" that is leased, hired, rented or
borrowed with a driver is not a covered "auto".
N. AUTO LOAN OR LEASE COVERAGE
Section III — Physical Damage Coverage
Paragraph A.4. Coverage Extensions is amended
by the addition of the following:
In the event of a total "loss" to a covered "auto"
which is covered under this policy for
Comprehensive, Specified Cause of Loss, or
Collision coverage, we will pay any unpaid amount
due, including up to a maximum of $500 for early
termination fees or penalties, on the lease or loan
for a covered "auto", less:
1. The amount paid under the Physical Damage
Coverage Section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time
of the "loss";
b. Financial penalties imposed under a lease
for excessive use, abnormal wear and tear
or high mileage;
c. Security deposits not returned by the
lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
O. PERSONAL PROPERTY OF OTHERS
Section III — Physical Damage Coverage, A.4,
Coverage Extensions is amended by adding the
following. -
We will pay up to $500 for loss to personal property
of others in or on your covered "auto."
This coverage applies only in the event of "loss" to
your covered "auto" caused by fire, lightning,
explosion, theft, mischief or vandalism, the covered
"auto's" collision with another object, or the covered
"auto's" overturn.
No deductibles apply to this coverage.
P. PERSONAL EFFECTS COVERAGE
Section III — Physical Damage Coverage, A.4.
Coverage Extensions is amended by adding the
following:
We will pay up to $500 for "loss" to your personal
effects not otherwise covered in the policy or, if you
are an individual, the personal effects of a family
member, that is in the covered auto at the time of the
"loss".
For the purposes of this extension personal effects
means tangible property that is worn or carried by an
insured including portable audio, visual, or electronic
devices. Personal effects does not include tools,
jewelry, guns, money and securities, or musical
instruments
Q. EXTRA EXPENSE FOR STOLEN AUTO
Section III — Physical Damage Coverage, A.4.
Coverage Extensions is amended by adding the
following:
We will pay up to $1,000 for the expense incurred
returning a stolen covered "auto" to you because of
the total theft of such covered "auto". Coverage
applies only to those covered "autos" for which you
carry Comprehensive or Specified Causes Of Loss
Coverage.
R. RENTAL REIMBURSEMENT
Section III — Physical Damage Coverage, A.4.
Coverage Extensions is amended by adding the
following:
1. This coverage applies only to a covered "auto" for
which Physical Damage Coverage is provided
on this policy.
2. We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto"
because of "loss" to a covered "auto". Payment
applies in addition to the otherwise applicable
amount of each coverage you have on a covered
"auto". No deductibles apply to this coverage.
e. Carry-over balances from previous loans or 3. We will pay only for those expenses incurred
leases. during the policy period beginning 24 hours
Coverage does not apply to any unpaid amount after the "loss" and ending, regardless of the
due on a loan for which the covered "auto" is not policy's expiration, with the lesser of the
the sole collateral. following number of days.
CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5
a. The number of days reasonably required to
repair or replace the covered "auto". If
"loss" is caused by theft, this number of
days is added to the number of days it
takes to locate the covered "auto" and
return it to you; or U
b. 30 days.
4. Our payment is limited to the lesser of the
following amounts:
a. Necessary and actual expenses incurred;
or
b. $75 per day, subject to a $2,250 limit.
5. This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations.
6. If "loss' results from the total theft of a covered
"auto" of the private passenger type, we will
pay under this coverage only that amount of
your rental reimbursement expenses which is
not already provided for under the Physical
Damage — Transportation Expense Coverage
Extension included in this endorsement.
7. Coverage provided by this extension is excess
over any other collectible insurance and/or
endorsement to this policy.
S. AIRBAG COVERAGE
Section III — Physical Damage Coverage, B.3.a.
Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision
Coverage under this policy, the exclusion relating to
mechanical breakdown does not apply to the
accidental discharge of an airbag.
T. NEW VEHICLE REPLACEMENT COST
The following is added to Paragraph C. Limit Of
Insurance of Section III — Physical Damage
Coverage
In the event of a total "loss' to your new covered auto
of the private passenger type or vehicle having a
gross vehicle weight of 20,000 pounds or less, to
which this coverage applies, we will pay at your
option:
a. The vedflable new vehicle purchase price you
paid for your damaged vehicle, not including any
insurance or warranties.
b. The purchase price, as negotiated by us, of a
new vehicle of the same make, model, and
equipment, or most similar model available, not
including any furnishings, parts, or equipment not
installed by the manufacturer or their dealership.
c. The market value of your damaged vehicle, not
including any furnishings, parts, or equipment not
installed by the manufacturer or their dealership.
We will not pay for initiation or set up costs associated
with a loans or leases.
tr
For the purposes of this coverage extension a new
covered auto is defined as an "auto" of which you are
the original owner that has not been previously titled
which you purchased less than 180 days prior to the
date of loss.
LOSS TO TWO OR MORE COVERED AUTOS
FROM ONE ACCIDENT
Section III — Physical Damage Coverage, D.
Deductible is amended by adding the following:
If a Comprehensive, Specified Causes of Loss or
Collision Coverage "loss' from one "accident" involves
two or more covered "autos', only the highest
deductible applicable to those coverages will be
applied to the "accident".
If the application of the highest deductible is less
favorable or more restrictive to the insured than the
separate deductibles as applied in the standard form,
the standard deductibles will apply.
This provision only applies if you carry
Comprehensive, Collision or Specified Causes of
Loss Coverage for those vehicles, and does not
extend coverage to any covered "autos" for which you
do not cant' such coverage.
WAIVER OF DEDUCTIBLE — GLASS REPAIR OR
REPLACEMENT
Section III — Physical Damage Coverage, D.
Deductible is amended by adding the following:
If a Comprehensive Coverage deductible is shown in
the Declarations it does not apply to the cost of
repairing or replacing damaged glass.
W. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT, OR LOSS
Section IV — Business Auto Conditions, A.2.
Duties In The Event Of Accident, Claim, Suit Or
Loss is amended by adding the following:
Your obligation to notify us promptly of an "accident",
claim, "suit" or "loss" is satisfied if you send us the
required notice as soon as practicable after your
Insurance Administrator or anyone else designated by
you to be responsible for insurance matters is notified,
or in any manner made aware, of an "accident", claim,
"suit" or "loss'.
X. WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY
Subparagraph 5. of Paragraph A. Loss Conditions
of Section IV — Business Auto Conditions is
deleted in its entirety and replaced with the following.
Transfer Of Rights Of Recovery Against Others
To Us
If any person or organization to or for whom we
make payment under this Coverage Form has
rights to recover damages from another, those
rights are transferred to us. That person or
organization must do everything necessary to
secure our rights and must do nothing after
"accident" or 'loss' to impair them.
CA7450(11-17) Includes copyrighted material of I50 Properties, Inc. with its permission. Page 4 of 5
However, we waive any right of recovery we may
have against any person, or organization with
whom you have a written contract, agreement or
permit executed prior to the "loss" that requires a
waiver of recovery for payments made for damages
arising out of your operations done under contract
with such person or organization.
Y. UNINTENTIONAL FAILURE TO DISCLOSE
EXPOSURES
Section IV — Business Auto Conditions, B.2.
Concealment, Misrepresentation, Or Fraud is
amended by adding the following:
If you unintentionally fail to disclose any exposures
existing at the inception date of this policy, we will not
deny coverage under this Coverage Form solely
because of such failure to disclose. However, this
provision does not affect our right to collect additional
premium or exercise our right of cancellation or non -
renewal.
Z. MENTAL ANGUISH
Section V — Definitions, C. is replaced by the
following:
`Bodily injury' means bodily injury, sickness or
disease sustained by a person, including mental
anguish or death resulting from bodily injury, sickness
or disease.
AA. LIBERALIZATION
If we revise this endorsement to provide greater
coverage without additional premium charge, we will
automatically provide the additional coverage to all
endorsement holders as of the day the revision is
effective in your state.
CA7450(11-17) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deli-
vering to us advance written notice of cancella-
tion.
2. We may cancel this policy by mailing or deli-
vering to the first Named Insured written notice
of cancellation at least:
a. 10 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund.
5. If notice is mailed, proof of mailing will be suffi-
cient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.
The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.
C. Examination Of Your Books And Records
We may examine and audit your booms and
records as they relate to this policy at any time
during the policy period and up to three years af-
terward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
IL00171198
b. Give you reports on the conditions we find,
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surreys, reports or recommendations and any
such actions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes in-
surance inspections, surveys, reports or rec-
ommendations.
4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recom-
mendations we may make relative to certifica-
tion, under state or municipal statutes, ordin-
ances or regulations, of boilers, pressure ves-
sels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. Will be the payee for any return premiums we
pay.
F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.
If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal represent-
ative. Until your legal representative is appointed,
anyone having proper temporary custody of your
property will have your rights and duties but only
with respect to that property.
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0
KENT o
10/16/2020 12:50 P 1231 15
Permits
OUTDOOR ALUMINUM
Receipt # 00083481
DEPT#: 144
New Business Comm. - Half Year
$50.00
Permit ID Number:222845
DEPT#: 1473
Permit Tech Fee For Business License
$1.00
Permit ID Number:222845
Service Fee
JENNIFER CHILDS
$1.35
Total: $52.35
Credit Card $51.00
Service Fee $1.35
City of Kent
220 Fourth Avenue South
Kent,WA98032
253-856-5201
customerservice@kentwa.gov
Pay Your Utility Bill Online
Pay.KentWA.gov
10/9/2020
Business Entity Records I Alabama Secretary of State
to Alabama Secretary of State
Outdoor Aluminum, Incorporated, a close corporation
Entity ID Number
F 094 - 079
Entity Type
Domestic Corporation
Principal Address
GENEVA, AL
Principal Mailing Address
Not Provided
StatusIF
Exists
Place of Formation
Houston County
Formation Date 1F
9-16-1983
Registered Agent Name
KILPATRICK, W T W T
Registered Office Street Address
1989 EAST STATE HWY 52
GENEVA, AL 36340
Registered Office Mailing Address
PO BOX 118
GENEVA, AL 36340
Nature of Business
F ALUMINUM & STEEL SEATING PRODUCTS
Capital Authorized IF
$5,000
Capital Paid In IF
$1000
Incorporators
Incorporator Name
KILPATRICK, W T
Incorporator Street Address IF
Not Provided
Incorporator Mailing Address11
Not Provided
Incorporator Name
JACKSON, DELMAR C
Incorporator Street Address IF
Not Provided
Incorporator Mailing Address F Not Provided
Annual Reports
Annual Report information is filed and maintained by the Alabama Department of Revenue.
If you have questions about any of these filings, please contact Revenue's Business Privilege Tax Division at
334-242-1170 or www.revenue.alabama.gov. The Secretary of State's Office cannot answer questions about or
make changes to these reports.
1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998
Report Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
2020
Transactions
Transaction Date
Legal Name Changed From
9-28-1983
Geneva Metal Products, Inc., a close corporation
Transaction Date
10-15-2019
aro-sos.state.al.uslcgllcorpdetail.mbrldetail?corp=094079&page= name&file=&type=ALL&status=ALL&place=ALL&city= 112
10/9/2020
Business Entity Records I Alabama Secretary of State
Outdoor Aluminum, Incorporated, a close corporation
Registered Agent Changed From
KILPATRICK, W T
401 NORTH PRIDGEN STREET
GENEVA, AL 36340
Transaction Date 10-15-2019
Agent Mailing Address Changed From] Not Provided
Scanned Documents
Document Date / Type /Pages
9-16-1983 Certificate of Formation 15 pgs.
Document Date / Type /Pages
9-28-1983 Legal Name Change 4 pgs.
Document Date / Type /Pages 10-15-2019 Registered Agent Change 2 pgs.
Browse Results New Search
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Outdoor.Aluminum.Contract
Final Audit Report 2020-10-26
Created: 2020-10-26
By: Janice Applegate Qapplegate@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAJh3R6syzla1idJdbXAdMCHogmQa1bFha
"Outdoor.Alurn inum.Contract" History
Document created by Janice Applegate (japplegate@kentwa.gov)
2020-10-26 - 8:18:27 PM GMT- IP address: 146.129.252.126
Document emailed to dpugh@outdooraluminum.com for signature
2020-10-26 - 8:27:08 PM GMT
s Email viewed by dpugh@outdooraluminum.com
2020-10-26 - 8:30:30 PM GMT- IP address: 71.41.107.210
Document signing delegated to W.T. Kilpatrick (contracts@outdooraluminum.com) by
dpugh@outdooraluminum.com
2020-10-26 - 8:35:38 PM GMT- IP address: 71.41.107.210
Document emailed to W.T. Kilpatrick (contracts@outdooraluminum.com) for signature
2020-10-26 - 8:35:39 PM GMT
Email viewed by W.T. Kilpatrick (contracts@outdooraluminum.com)
2020-10-26 - 8:36:16 PM GMT- IP address: 71.41.107.210
b Document e-signed by W.T. Kilpatrick (contracts@outdooraluminum.com)
Signature Date: 2020-10-26 - 8:56:21 PM GMT - Time Source: server- IP address: 71.41.107.210
® Agreement completed.
2020-10-26 - 8:56:21 PM GMT
Adobe Sign