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HomeMy WebLinkAboutPW14-034 - Original - Pacific Power Generation - Generators Load Testing - 02/11/2014 400050�. �/ KENT" v,as"IN0,UN GOODS & SERVICES AGREEMENT between the City of Kent and Pacific Power Generation THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Power Generation organized under the laws of the State of Washington, located and doing business at 5808 S. 196`' Street, Kent, WA 98032, Phone: (253) 395-9077/Fax: (253) 395-2408, Contact: Randy Lukkasson (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall electronically load test 15 generators for the City's Water Division and 14 generators for the Utility Division. For a description see the Scope of Work and Vendor's bid which is attached as Exhibit A and incorporated by this reference. 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, Vendor shall complete the work and provide all goods, materials, and services by March 1, 2014. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirteen Thousand, Nine Hundred Forty Nine Dollars and sixty seven cents ($13,949.67), 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: GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) The Vendor shall be paid after execution of agreement and completion of the generator load testing at the sites listed in Exhibit A. If the City objects to all or any portion of an invoice, it shall notify 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 Vendor for any defective or unauthorized goods, materials or services. If 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 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 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 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. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including INSST) 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 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. 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, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date 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 VII, 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 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. 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 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 GOODS & SERVICES AGREEMENT - 3 (Over $10,000.00, including WSST) 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). VIII. 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. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. 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 Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any 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 one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) 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. X. 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. 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. XI. INDEMNIFICATION. 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 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 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 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. XII. 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. XIII. WORK PERFORMED AT VENDOR'S RISK. 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 Vendor's own risk, and 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000,00, including WSST) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI 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 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 Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: (signature) /a (signature) Print Name: - mar L�<h 7r `ram PriGrf Narie, uzette Cooke Its Its �-Aa or (title) DATE: C �22 -- DATE: Z NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: I VENDOR: CITY OF KENT: I Randy Lukkasson Timothy J. LaPorte, P.E. Pacific Power Generation City of Kent 5808 S. 1961h Street 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 i I (253) 395-9077 (telephone) (253) 856-5500 (telephone) (253) 395-2408 (facsimile) (253) 856-6500 (facsimile) APPROVED AS;TO FORM: Kent Law Departmen$ Pacfflc Power Generation-2014 Load Testing/Lovell GOODS & SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF (CENT 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 - 1 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 - 2 of 3 CITY OF (CENT 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: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A PUBLIC WORKS . Tim Laporte, Director .- Phone: 253-856-5500 ® Fax: 253-856-6500 T WAS IX6TON OPERATIONS DIVISION Vacant Phone: 253-856-5600 Fax: 253-856-6500 Mailing Address: 220.Fourth Avenue South Kent, WA 98032-6895 Location Address: 5821 South 2401h 2013-2014 Generator Load Testing Project Location Work shall be performed within and out side of Kent City proper. Generator locations will vary from the west p ty p p y hill of Kent east to the Maple Valley/Black Diamond area. -"`Scope of Work Electrically load test a combination of 15(fifteen)Water Division remote fixed and portable generators And 14 (fourteen) Utility Division fixed and portable generators to their full rated capacity for no less than 2 (two) continuous hours. To Include The Following • Provide all labor and equipment plus transportation for the complete load testing of each generator listed within the spread sheet provided by the City of Kent, • Provide a separate detailed report to include unit, model number and location for each generator tested and any recommendations for repair or corrections(if applicable). Note: Please provide (1) one quote that provides separate pricing for each utilities respective generators as listed above and described in the attached spread sheets. Please fax or email quotes to: the, following. Attention: Rob Lovell, email RLov_ellakentwa.gov, phone 253 856 5641. • Service provider will enter into a Public Works Agreements(Contract)with the City of Kent for the above described work. Scope of Work Not to Include Any required repairs or parts to any unit unless agreed upon by both parties involved. If agreed upon between both parties the contractor shall make repair(s) and provide separate invoicing to include their field labor rate plus parts. An individual purchase order will be issued for each unit that is repaired by the contractor. I i Pacific Power 6eneraz9nn 5808 South 196'h Street 253-395-9077 Kent WA 98032 253-395-24081fax - GENERATOR PREVENTATIVE MAINTENANCE AGREEMENT CITY OF KENT WATER DIVISION - .DATE: 10/30/13 ATTN: ROB LOVELL PHONE:253 856-5641 - 220 FOURTH AVE SOUTH FAx:253 856-6600 KENT,WA 98032 CELL:253 740-6590 - E-MAIL: RLOVELL@KENTWA.GOV QUANTITY DESCRIPTION ANNUALCOST Perform 2 hour load bank test on your 15 generators listed below - $6,745.00 - Ste address: 1. Clark Spring.-24875 Kent Kangley Rd 45KW Tax Rate 8.6% $580.07 2, Kent Springs Plateau—28600 216"Ave SE 65KW Total $7,325.07 3. Garrrlson well -9616 S218th St, 12KVV 4. O'Brien well—22132 88"Ave. S 60KVV 5. Pump stn#3- 25000 Lake Fenwick Rd. 125KVV - ,j 6. Pump stn94-25601 Reith Rd. 7.5KW 7. Pump stn#5—23825 98°i Ave, S 450KVV 8. Guiberson-700E.Guibcrson. 9. SSP POD#3—.12020SE288th St. 17KW 10, Portable—Varies Site 350KVV - 11 Portable--Varies Site 25kW I 12, Pump smi-3301 S 264"12KVV 13.3.5 Tank—28502 120 Ave SE 12KVV -' 14. Guiberson Corrosion—515Kennebeck Ave 15.040 Reservoir—12526 SE 248th --� L&I or local jurisdiction load test permit fives, included Paces effective for 90 days Sales tax,if applicable.,is additional U61GSS otherwise noted,services are quoted to complete during normal business hours. Terms:Net 30 dayel1.5%on pest due balance. All deliveries are contingent uprni strikes,accidents and delays beyond our control.Title ownership to remain in Pacific Power Oenemtion until purchase price Is peld In full. In case a aefault be made In payments on account,such payments shall be ocnsldared as liquidated damages for freight and otherenarges.All contracts and agreements are subject to the writer,approval of an executive officer. PACIFIC POWER GENERATION By: By: RdnfALukkasson I0/30/13 Date Date Randy Lukkasson (253)736-5042-rlulekasson,�a)pacificpowergen.com _ PoweT Generation Service Sales Phone Number E-mail 'Pule Purchase Order#(If required) -Contact foT Service Phone# i Pacific P"We4 t]eneraltlef! 5808 South 196'h Street 253-395-9077 Kent WA 98032 253-395-2408/fax GENERATOR PREVENTATIVE MAINTENANCE AGREEMENT i CITY OF KENT UTILITY DIVISION DATE: 10/30/13 ATTN: ROB LovELL PHONE:253856.5641 220 FOURTH AVE SOUTH FAX:253 856-6600 - KEN I',WA 98032 - CELL:253 740-6590 E-MAIL RLOVELL@KENTWA.GOV QUANTITY DESCRIPTION ANNUALCOST " I Perform 2 hour load bank test on your 14 generators listed below $6100,00 - Tax Rate 8.6% $524,60 •r Ste address: 1. 3"'AVF,-1000 3`tl AVE.S 60KNV Total $6,624.60 2. Frager Road-2133 Frager RD S 125KVV 3. Horseshoe Sanitary-7942 S 261at ST 601<W 4. Horseshoe Storm-1236 S Central AVE 35KW -- 5. Kent View-22271 Frager RD S 40KW '[ '-?I, 6. Linda Heights-3406 S 2480 ST 50KW 7, Lindental -26432 18s'PL SE 150K7,' -1 8, Mill Creek-26710 104"AVE SE 80KW - -- 9, Skyline-3301 S 222"d PL 15KW -. 10, Union Pacific -S 260"and 74" 60KW 11.Victoria Ridge-4815 S 272n°PL 20 KW - 12. Forest Park 5'Ave&259"40 KW 13. Shops-60KW 14. Shops-26KW - -.- . L& I or.local jurisdiction load test permit fees, included :'] To accept this P/M agreement for a(2)year period, guaranteeing the above per year pricing,please initial here _ I Prices effective for 90 days Sales tax,If applicable, Is additional Unless other wise noted,services are quoted to complete during normal business hours. Terms:Not 30 days/1S9/o on past due balance, All deliveries are cantingent upon strikes,accidents and delays beyond our control Title ownership to remain in Pacific Power Generation until purchase price Is paid in full, In case a defauit he made in payments on account,such payments shall be considered as liquidated damages for freight and other charges.Aft contracts and agreements are subject to the written approval of an executive officer, PACIFIC POWER GENERATION " By: By: rRondy tstfikassoyr 10/30/13 Date Date Randy Lukkasson (253)736-5042-rlulckusson@paciflapowergen,com Power Cenera&q Service Sales Phone Number E-mail Title Purchase Order#(if required) Contact for Service - Phnnc# ui 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 Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 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 $2,000,000 per accident. HIBIT 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage 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. Client#: 142443 PACIPOWE6 ACORD. CERTIFICATE OF L IA IL I ! SU z/03/2ola F DATE14 , o3/a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELIDI HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRQDIACER CONTACT Sharnel Di Vona NAME: Propel Insurance PA/C"ONEo,EA:253.310.4047 FAX 866.577.1326 ,N N N o Tacoma Commercial Insurance ADDRIESS, skd@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(5)AFFORDING COVERAGE NAIL,C _ Tacoma,WA 98402 INSURER A:Travelers Prop.Casualty of Am. 25674 INSURED INSURER B:Travelers Indemnity Company Pacific Power Products Company,LLC INSURER L 600 South 564h Place INSURER D: Ridgefield,WA 98642 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECI TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Mp _ '- __ . LIMITS TYPE OFINGURANCE ASR WID POLICY NUMBER MMIo01YEYYY MNOVDp!EXP LIMITS A GENERAL LIABILITY X X Y630533D1945TIL13 05/01/2013 0510112014EACH OCCURRENCE $1,000,000 X C_OMMERCIAL GENERAL LIABILITY PREMISES Ea ooarrDenca $100,000 -_ CLAIMS-MADE ®OCCUR MED EXP(Anyoneperson) $5,000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $2,000,000 POLICY 7X PR0. LOC WA Stop Gap $1,000,000 B AUTOMOBILE LIABILITY X X Y810533D19451ND 05/01/2013 05101/2014 EOaBiNEDSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accklantj $ AUTOS __- AUTOS X HIRED AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident X AUTOS A XUMBRELLA LIAR X OCCUR X X YSMCUP533D1945TI1-1 5/01/2013 0510112014 EACH OCCURRENCE $20000000 EXCESS LIAR F—ICILAIMS-MA AGGREGATE s20,000,000 DED 1 X RETENTION$O C TH- $ WORKERS COMPENSATION YIN O Y LIMIT.W AND EMPLOYERS'LIABILITY LIMIT O 5 E ANY PROPRE.0..PART..... ECUTIVE L,E. EACH ACCI DEW' $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $_ If yes describe under DESCRIPTION OF OPERATIONS bel. E.L.DISEASE-POLICY LIMIT $ A Marine G/L Incl. ZOLIOR7724013ND 05/01/2013 05/01/201 $1,000,0001$2,000,000 Ship Repair Liab. A Excess Marine Lie ZOXlOR7736813ND 05/01/2013 05/01/201 $9,000,000/$9,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) The City of Kent,WA is included as an Additional Insured per the attached form(s)and/or endorsement(s). CERTIFICATE HOLDER CANCELLATION City Of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-5838 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1322943/M1202314 US00 Additional (darned Insureds PACIPowE6 NMT Diesel , Inc Northtrends Pacific Detroit Diesel Allison Inc Profit Sharing Pacific Detroit Realty Inc dba: Pacific Detroit Diesel-Allison Pacific Power Products Company Pacific Power Products Holding Inc Southwest Products Corporation TDS Inc dba: Farwest Golf dba: Pacific Truck Center dba: Pacific Power Generation dba: Perkins-Pacific dba: Pacific Power Rentals Pacific Power Products Management LLC dba: Pacific Golf and Turf dba: Pacific Truck Performance dba: Hanco Industrial Engines (Southwest Products Corp) dba: Power Products Machine dba : Cascade Turf (now Pacific Golf & Turf) PKenergy Solutions, LLC Pacific Power Products Co LLC, A WA LLC Southwest Products Realty, LLC Additional Named Insureds PACIPOVVE6 Ship Repairers / Bumbershoot : -Pacific Power Products Co LLC, A WA LLC -Pacific Power Generation Marine Cargo : -Pacific Power Products Co LLC, A WA LLC -Pacific Golf & Turf Pacific Power Products Company, LLC Y630533131945TIL13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERNATIONAL XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured K. Bodily Injury to Co-Employees and Co- B. Blanket Additional Insured — Broad Form Volunteer Workers Vendors L. Aircraft Chartered with Crew C. Limited Worldwide Liability Coverage — In- M. Non-Owned Watercraft— Increased from 25 demnity Basis feet to 50 feet D. Damage To Premises Rented To You N. Increased Supplementary Payments • Perils of fire, explosion, lightning, smoke, Cost of bail bonds increased to$2,500 water ° Loss of earnings increased to $500 per • Limit increased to$300,000 day E. Blanket Waiver of Subrogation O. Medical Payments—Limit increased to F. Blanket Additional Insured — Owners, Manag- $10,000 per person ers or Lessors of Premises P. Knowledge and Notice of Occurrence or Of- G. Blanket Additional Insured — Lessors of fense Leased Equipment Q. Unintentional Omission H. Incidental Medical Malpractice R. Reasonable Force—Bodily Injury or Property 1. Personal Injury—Assumed by Contract Damage J. Amended Bodily Injury Definition S. Transportation Expenses For Repatriation or Relocation of Injured Or Sick Employees PROVISIONS a. Coverage under this provision is afforded A. BROADENED NAMED INSURED only until the 180th day after you acquire or form the organization or the end of the 1. The following is added to SECTION II—WHO policy period, whichever is earlier, unless IS AN INSURED: reported in writing to us within 180 days. Any organization, other than a partnership or B. BLANKET ADDITIONAL INSURED — BROAD joint venture, over which you maintain owner- FORM VENDORS ship or majority interest on the effective date The following is added to SECTION II — WHO 1S of the policy qualifies as a Named Insured. AN INSURED: However, coverage for any such organization will cease as of the date during the policy pe- Any person or organization that is a vendor and riod that you no longer maintain ownership of, that you have agreed in a written contract or or majority interest in, such organization. agreement to include as an additional insured on 2. The following replaces Paragraph 4.a. of this Coverage Part is an insured, but only with re- SECTION II—WHO IS AN INSURED: spect to liability for "bodily injury" or "property damage"that: CG D4 58 10 08 ©2008 The Travelers companies,Inc. Page 1 of 9 COMMERCIAL GENERAL LIABILITY a. Is caused by an "occurrence"that takes place dient, part or container entering into, accom- after you have signed and executed that con- panying or containing such products; or tract or agreement; and b. Any vendor for which coverage as an addi- b. Arises out of "your products" which are dis- tional insured specifically is scheduled by en- tributed or sold in the regular course of such dorsement. vendor's business. C. LIMITED WORLDWIDE LIABILITY COVERAGE The insurance provided to such vendor is subject —INDEMNITY BASIS to the following provisions: 1. The following replaces the definition of "cov- a. The limits of insurance provided to such ven- erage territory" in the DEFINITIONS Section: dor will be the limits which you agreed to pro- "Coverage territory"means: vide in the written contract or agreement, or a. The United States of America (including the limits shown in the Declarations of this its territories and possessions), Puerto Coverage Part, whichever are less. Rico and Canada; b. The insurance provided to such vendor does b. International waters or airspace, but only not apply to: if: (1) "Bodily injury" or "property damage" for (1) The "bodily injury" or "property dam- which the vendor is obligated to pay damages by reason of the assumption of age" is caused by an "occurrence" that takes place; or liability in a contract or agreement. This exclusion does not apply to liability for (2) The "personal injury" or "advertising damages that the vendor would have in injury" is caused by an offense com- the absence of the contract or agreement; mitted; (2) Any express warranty unauthorized by in the course of travel or transportation you; between any places included in Para- (3) Any physical or chemical change in "your graph a, above; or products" made intentionally by such c. All other parts of the world except the vendor; "prohibited area", but only if the injury or (4) Repackaging, unless unpacked solely for damage arises out of: the purpose of inspection, demonstration, (1) Goods or products made, sold, han- ® testing, or the substitution of parts under dled or distributed by you, or services instructions from the manufacturer, and provided by you to your customers or then repackaged in the original container; clients, in the territory described in (5) Any failure to make such inspections, ad- Paragraph a. above; justments, tests or servicing as vendors (2) The activities of a person whose agree to perform or normally undertake to home is in the territory described in perform in the regular course of business, Paragraph a. above, but is away for a in connection with the distribution or sale short time on your business; or ®_ of"your products"; (3) "Personal injury" or "advertising in- (6) Demonstration, installation, servicing or jury" offenses committed through the ® repair operations, except such operations Internet or similar electronic means of ®_ performed at such vendor's premises in communication, connection with the sale of "your prod- provided that the insured's responsibility to ucts", or pay damages is determined in a "suit" on the (7) "Your products" which, after distribution merits brought anywhere in the world except ®_ or sale by you, have been labeled or re- the "prohibited area", or in a settlement we labeled or used as a container, part or in- agree to. gredient of any other thing or substance With respect to "occurrences"that take place, by or for such vendor. or "personal injury" or "advertising injury" of- Coverage underthis provision does not apply to: Tenses committed within the territory de- a. Any person or organization from wham you scribed in Paragraph c, above, the following have acquired "your products", or any ingre- conditions apply: Page 2 of 9 ©2008 The Travelers Companies,Inc. CG D4 58 10 08 018318 COMMERCIAL GENERAL LIABILITY (i) This insurance is excess over any valid (4) We will pay expenses incurred with and collectible other insurance available our consent for your defense of the to the insured, whether primary, excess, insured against any "suit" seeking contingent or on any other basis. damages for"bodily injury", "property (ii) This insurance is not a substitute for damage", "personal injury" or "adver- "compulsory admitted insurance" in any tising injury" to which this insurance country or jurisdiction included in Para- applies. graph c, above, regardless of whether (5) We may, at our discretion, participate this insurance would qualify as "compul- in defending the insured against, or in sory admitted insurance" in such country the settlement of, any claim or"suit". or jurisdiction or is accepted by the ap- 2. The following is added to the DEFINITIONS propriate authorities as proof of "compul- Section: sory admitted insurance". "Prohibited area" means any country or juris- You agree to maintain "compulsory ad- diction while any trade sanction, embargo, or mitted insurance" at the limits required by similar regulation imposed by the United law. Your failure to do so will not invali- States of America applies to and prohibits the date the coverage provided for such "oc- transaction of business with or within such currences" or offenses, but we will only country or jurisdiction. be liable to the same extent we would D DAMAGE TO PREMISES RENTED TO YOU have been liable had you maintained "compulsory admitted insurance". 1. The following replaces the last paragraph of For purposes of this Paragraph (u), "com- Paragraph 2., Exclusions, of SECTION I — pulsory admitted insurance" means in- COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABIL- ITY: (1) Required to be in-force to satisfy the legal requirements of a specific coun- Exclusions c. through n. do not apply to dam- try orjurisdiction; and age to premises while rented to you, or tem- porarily occupied by you with permission of (2) Issued by an insurance fund adminis- the owner, caused by: tered by such country or jurisdiction or issued by an insurer licensed or a. Fire; permitted by law to do business in b. Explosion; such country or jurisdiction. c. Lightning; (iii)With respect to defending the insured d. Smoke resulting from such fire, explosion, against, or the investigation or settlement or lightning; or of, any claim or"suit" brought against the insured,the following will apply: e. Water. (1) The phrase "We will pay.....' in the A separate limit of insurance applies to such Para- first sentence of Paragraph 1.a. of damage to premises as described in Para- SECTION I — COVERAGES — COW graph 6. of Section III—Limits Of Insurance. ERAGE A BODILY INJURY AND This insurance does not apply to damage to PROPERTY DAMAGE LIABILITY premises while rented to you, or temporarily and Paragraph 1.a. of SECTION I — occupied by you with permission of the COVERAGES — COVERAGE B owner, caused by: PERSONAL AND ADVERTISING a. Rupture, bursting, or operation of Ares- INJURY LIABILITY is replaced by sure relief devices; the phrase "We will indemnify the in- sured for...." b. Rupture or bursting due to expansion or (2) You must arrange to defend the in- swelling of the contents of any building or structure, caused by or resulting from wa- Sured against, and investigate or set- ter; tle, any claim or"suit". c. Explosion of steam boilers, steam pipes, (3) Neither you nor any other involved steam engines, or steam turbines, insured will make any settlement without our consent. CG D4 58 10 08 Oo 2ooe The Travelers companies,Inc. Page 3 of 9 COMMERCIAL GENERAL LIABILITY 1 The following replaces Paragraph 8. of SEC- of SECTION IV — COMMERCIAL GENERAL LI- TION III— LIMITS OF INSURANCE: ABILITY CONDITIONS: Subject to 5. above, the Damage To Prem- We waive any right of recovery we may have ises Rented To You Limit is the most we will against any person or organization because of pay under Coverage A for damages because payments we make for injury or damage arising of "property damage" to any one premises out of premises owned or occupied by or rented while rented to you, or temporarily occupied or loaned to you; ongoing operations performed by you with permission of the owner, caused by you or on your behalf, done under a contract by fire; explosion; lightning; smoke resulting with that person or organization; "your work" or from such fire, explosion, or lightning; or wa- "your products". We waive this right where you ter. The Damage To Premises Rented To have agreed to do so as part of a written contract, You Limit will apply to all damage proximately executed by you prior to loss. caused by the same "occurrence", whether F. BLANKET ADDITIONAL INSURED — OWNERS, such damage results from fire; explosion; MANAGERS OR LESSORS OF PREMISES lightning; smoke resulting from such fire, ex- The following is added to SECTION 11 —WHO IS plosion, or lightning; water, or any combina- AN INSURED: tion of any of these. Any person or organization that is a premises The Damage To Premises Rented To You owner, manager or lessor and that you have Limit will be the higher of: agreed in a written contract or agreement to a. $300,000; or name as an additional insured on this Coverage Part is an insured, but only with respect to liability b. The amount shown on the Declarations of for "bodily injury", "property damage", "personal this Coverage Part for Damage To Prom- injury"or"advertising injury"that: ises Rented To You Limit. a. Is"bodily injury"or"property damage" caused 4. The following replaces Paragraph a. of the by an "occurrence" that takes place, or "per- definition of "insured contract" in the DEFINI- sonal injury" or"advertising injury" caused by TIONS Section: an offense that is committed, after you have a. A contract for a lease of premises. How- signed and executed that contract or agree- ever, that portion of the contract for a ment; and ® lease of premises that indemnifies any b. Arises out of the ownership, maintenance or person or organization for damage to use of that part of any premises leased to premises while rented to you, or tempo- you. rarily occupied by you with permission of The insurance provided to such premises owner, the owner, caused by: manager or lessor is subject to the following pro- (1) Fire; visions: (2) Explosion; a. The limits of insurance provided to such (3) Lightning; premises owner, manager or lessor will be the limits which you agreed to provide in the (4) Smoke resulting from such fire, ex- written contract or agreement, or the limits ®_ plosion, or lightning; or shown on the Declarations of this Coverage (5) Water. Part, whichever are less. is not an "insured contract"; b. The insurance provided to such premises S. The following replaces Paragraph 4.b.(1)(b) owner, manager or lessor does not apply to: of SECTION IV — COMMERCIAL GENERAL (1) "Bodily injury" or "property damage" LIABILITY CONDITIONS: caused by an "occurrence" that takes place, or "personal injury" or "advertising (b) That is insurance for premises rented to injury" caused by an offense that is com- you, or temporarily occupied by you with mitted, after you cease to be a tenant in the permission of the owner; that premises; or ® E. BLANKET WAIVER OF SUBROGATION (2) Structural alterations, new construction or The following is added to Paragraph 8., Transfer demolition operations performed by or on Of Rights Of Recovery Against Others To Us, Page 4 of 9 ©2008 The Travelers Companies,Inc. CG D4 58 10 08 -o1a318 _ COMMERCIAL GENERAL LIABILITY behalf of such premises owner, manager H. INCIDENTAL MEDICAL MALPRACTICE or lessor. 1. The following is added to the definition of"oc- c. The insurance provided to such premises currence" in the DEFINITIONS Section: owner, manager or lessor is excess over any Unless you are in the business or occupation valid and collectible other insurance available of providing professional health care services, to such premises owner, manager or lessor, "occurrence" also means an act or omission unless you have agreed in a written contract committed in providing or failing to provide for this insurance to apply on a primary or "incidental medical services"to a person. contributory basis. G. BLANKET ADDITIONAL INSURED — LESSORS 2. The following is added to the DEFINITIONS Section: OF LEASED EQUIPMENT "Incidental medical services" means: The following is added to SECTION 11 — WHO IS a. Medical, surgical, dental, laboratory, x-ray AN INSURED: or nursing service or treatment, advice or Any person or organization that is an equipment instruction, or the related furnishing of lessor and that you have agreed in a written con- food or beverages; tract or agreement to include as an additional in- b. The furnishing or dispensing of drugs or sured on this Coverage Part is an insured, but medical, dental, or surgical supplies or only with respect to liability for "bodily injury", appliances; "property damage", "personal injury" or "advertis- e. First aid; or ing injury"that: a. Is"bodily injury" or"property damage' caused d. "Good Samaritan services". by an "occurrence" that takes place, or "per- "Good Samaritan services" means any emer- sonal injury" or"advertising injury" caused by gency medical services for which no compen- an offense that is committed, after you have sation is demanded or received. signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1) of ment: and SECTION II—WHO IS AN INSURED: b. Is caused, in whole or in part, by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any "bodily injury" arising out of The insurance provided to such equipment lessor any providing or failing to provide "incidental is subject to the following provisions: medical services" by any of your "employ- a. The limits of insurance provided to such ees", other than an employed doctor. Any equipment lessor will be the limits which you such "employees" providing or failing to pro- agreed to provide in the written contract or vide "incidental medical services" during their agreement, or the limits shown on the Decla- work hours for you will be deemed to be act- rations of this Coverage Part, whichever are ing within the scope of their employment by less. you or performing duties related to the con- b. The insurance provided to such equipment duct of your business. lessor does not apply to any "bodily injury" or 4. The following exclusion is added to Para- "property damage" caused by an "occur- graph 2., Exclusions, of SECTION I — COV- rence"that takes place, or"personal injury" or ERAGES — COVERAGE A BODILY INJURY "advertising injury" caused by an offense that AND PROPERTY DAMAGE LIABILITY: is committed, after the equipment lease ex- Sale Of Pharmaceuticals pires. "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- other insurance available to such equipment cals committed by, or with the knowledge or lessor, unless you have agreed in a written consent of,the insured. contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of mary or contributory basis. SECTION III —LIMITS OF INSURANCE: CG D4 58 10 08 20DB The Travelers Companies,Inc. Page 5 of 9 Pacific Power Products Company, LLC Y630533D1945TIL13 COMMERCIAL GENERAL LIABILITY For the purposes of determining the applica- has also been assumed in the ble Each Occurrence Limit, all related ads or same "insured contract"; and omissions committed in the providing or fail- (b) Such attorney fees and litigation ing to provide "incidental medical services" to expenses are for defense of that any one person will be considered one "oc- party against a civil or alternative currence". dispute resolution proceeding in 6. The following is added to Paragraph 4.b., Ex- which damages to which this in- cess Insurance, of SECTION IV — COM- surance applies are alleged. MERCIAL GENERAL LIABILITY CONDI- 2. The following replaces the third sentence of TIONS: Paragraph 2. of SUPPLEMENTARY PAY- This insurance is excess over any valid and MENTS—COVERAGES A AND B: collectible other insurance, whether primary, Notwithstanding the provisions of Paragraph excess, contingent or on any other basis, that 2.b,(2) of Section I —Coverage A— Bodily In- is available to any of your "employees" for jury And Property Damage Liability or Para- "bodily injury" that arises out of providing or graph 2.e. of Section I — Coverage B — Per- failing to provide "incidental medical services" sonal and Advertising Injury Liability, such to any person to the extent not subject to payments will not be deemed to be damages Paragraph 2.a.(1) of SECTION 11 — WHO IS because of "bodily injury", "property damage" AN INSURED. or "personal injury", and will not reduce the I. PERSONAL INJURY — ASSUMED BY CON- limits of insurance. TRACT 3. The following replaces Paragraph 2.d, of 1. The following replaces Exclusion e., Contrac- SUPPLEMENTARY PAYMENTS — COVER- tual Liability, in Paragraph 2. of SECTION I AGES A AND B: — COVERAGES — COVERAGE B PER- d. The allegations in the "suit" and the in- SONAL AND ADVERTISING INJURY LI- formation we know about the "occur- ABILITY: rence" or offense are such that no conflict e. Contractual Liability appears to exist between the interests of "Personal injury" or"advertising injury"for the insured and the interests of the in- which the insured is obligated to pay demnitee; damages by reason of the assumption of 4. The following replaces the first subparagraph ® liability in a contract or agreement. This of Paragraph f. of the definition of "insured ®_ exclusion does not apply to: contract" in the DEFINITIONS Section: (1) Liability for damages that the insured f. That part Of any other contract or agree- would have in the absence of the ment pertaining to your business (includ- contract or agreement; or ing an indemnification of a municipality in connection with work performed for a (2) Liability for damages because of municipality) under which you assume the "personal injury" assumed in a con- tart liability of another party to pay for tract or agreement that is an "insured "bodily injury," "property damage" or"per- contract", provided that the "personal sonal injury"to a third person or organize- injury" is caused by an offense corn- tion. Tort liability means a liability that mitted subsequent to the execution of would be imposed by law in the absence the contract or agreement. Solely for of any contract or agreement. the purposes of liability assumed in J. EXTENSION OF COVERAGE — BODILY IN- an 'insured contract", reasonable at- JURY tomeys fees and necessary litigation The following replaces the definition of "bodily in- expenses incurred by or for a party jury"in the DEFINITIONS Section: other than an insured will be deemed to be damages because of"personal "Bodily injury" means bodily injury, mental an- injury", provided that: guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- (a) Liability to such party for, or for son, including death resulting from any of these at the cost of, that party's defense any time. Page 6 of 9 ©20138 The Travelers companies,Inc. CG D4 58 10 08 018320 Pacific Power Products Company, LLC Y630533D1945TIL13 COMMERCIAL GENERAL LIABILITY K. BODILY INJURY TO CO-EMPLOYEES AND vehicle to which the Bodily Injury Liability CO-VOLUNTEER WORKERS Coverage applies. We do not have to fur- The following is added to Paragraph 2.a.(1) of nish these bonds. SECTION 11—WHO IS AN INSURED: 2. The following replaces Paragraph 1.d. of Paragraph (1)(a) above does not apply to"bodily SUPPLEMENTARY PAYMENTS — COVER- injury" to a co-"employee" in the course of the co- AGES A AND B of SECTION I — COVER- "employee's" employment by you or performing AGES: duties related to the conduct of your business, or d. All reasonable expenses incurred by the to "bodily injury"to your other"volunteer workers" insured at our request to assist us in the while performing duties related to the conduct of investigation or defense of the claim or your business. "suit", including actual loss of earnings up L. AIRCRAFT CHARTERED WITH CREW to $500 a day because of time off from work. The following is added to Exclusion g., Aircraft, O. MEDICAL PAYMENTS—INCREASED LIMITS Auto Or Watercraft, in Paragraph 2.of SECTION I — COVERAGES — COVERAGE A BODILY IN- The following replaces Paragraph 7. of SECTION JURY AND PROPERTY DAMAGE LIABILITY: III LIMITS OF INSURANCE: This exclusion does not apply to an aircraft that 7. Subject to S. above, the Medical Expense is: Limit is the most we will pay under Coverage (a) Chartered with crewto any insured; C. for all medical expenses because of "bod- ily injury" sustained by any one person, and (b) Not owned by any insured; and will be the higher of: (c) Not being used to carry any person or prop- (a) $10,000, or erty for a charge. M. NON-OWNED WATERCRAFT (b) The amount shown on the Declarations of this Coverage Part for Medical Expense 1. The following replaces Paragraph (2) of Ex- Limit. clusion g., Aircraft, Auto Or Watercraft, in P. KNOWLEDGE AND NOTICE OF OCCUR- Paragraph 2. of SECTION I — COVERAGES RENCE OR OFFENSE - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or (2) A watercraft you do not own that is: Suit, of SECTION IV — COMMERCIAL GEN- (a) Fifty feet long or less, and ERAL LIABILITY CONDITIONS: (b) Not being used to carry any person or e. The following provisions apply to Paragraph property for a charge. a. above, but only for the purposes of the in- 2. The following is added to Paragraph 2. of surance provided under this Coverage Part to SECTION 11—WHO IS AN INSURED: you or any insured listed in Paragraph 1. or 2. of Section 11—Who Is An Insured: Any person or organization that, with your ex- (1) Notice to us of such "occurrence" or of- press or implied consent, either uses or is re- fense must be given as soon as practica- sponsible for the use of a watercraft that you ble only after the "occurrence" or offense do not own that is: is known to you (if you are an individual), (1) Fifty feet long or less; and any of your partners or members who is (2) Not being used to carry any person or an individual (if you are a partnership or property for a charge. joint venture), any of your managers who N. INCREASED SUPPLEMENTARY PAYMENTS is an individual (if you are a limited liability company), any of your trustees who is an 1. The following replaces Paragraph 1.b, of individual (if you are a trust), any of your SUPPLEMENTARY PAYMENTS — COVER- "executive officers" or directors (if you are AGES A AND B of SECTION I — COVER- an organization other than a partnership, AGES: joint venture, limited liability company or b. Up to $2,500 for cost of bail bonds re- trust) or any "employee" authorized by quired because of accidents or traffic law you to give notice of an "occurrence" or offense. violations arising out of the use of any CG D4 58 10 08 ©2008 The Travelers Companies,Inc. - Page 7 of 9 Pacific Power Products Company, LLC Y630533D1945TIL13 COMMERCIAL GENERAL LIABILITY (2) If you are a partnership,joint venture, lim- relied upon in issuing this policy will not prejudice ited liability company or trust, and none of your rights under this insurance. However, this your partners, joint venture members, provision does not affect our right to collect addi- managers or trustees are individuals, no- tional premium or to exercise our rights of cancel- tice to us of such "occurrence" or offense lation or nonrenewal in accordance with applica- must be given as soon as practicable only ble insurance laws or regulations. after the "occurrence" or offense is known R. REASONABLE FORCE — BODILY INJURY OR by: PROPERTY DAMAGE (a) Any individual who is: The following replaces Exclusion a., Expected Or (i) A partner or member of any part- Intended Injury, in Paragraph 2. of SECTION I — nershiporjointventure; COVERAGES — COVERAGE A BODILY IN- (H) A manager of any limited liability JURY AND PROPERTY DAMAGE LIABILITY: company; a. Expected or Intended Injury or Damage (iii)A trustee of any trust; or "Bodily injury" or"property damage" expected (iv)An executive officer or director of or intended from the standpoint of the in- any other organization; sured. This exclusion does not apply to "bod- ily injury" or"property damage" resulting from that is your partner, joint venture the use of reasonable farce to protect any member, manager or trustee; or person or property. (b) Any "employee" authorized by such S. TRANSPORTATION EXPENSES FOR REPA partnership, joint venture, limited li- TRIATION OR RELOCATION OF INJURED OR ability company, trust or other organi- SICK EMPLOYEES zation to give notice of an "occur- 1. The following is added to SUPPLEMENTARY rence" or offense. PAYMENTS — COVERAGE A AND B of (3) Notice to us of such "occurrence" or of- SECTION I—COVERAGES: fense will be deemed to be given as soon as practicable if it is given in good faith as We will reimburse you for the reasonable soon as practicable to your workers' "transportation expenses"that you incur, over and above "normal transportation costs", for compensation insurer. This applies only if the repatriation or relocation of any of your in- you subsequently give notice to us of the "occurrence" or offense as soon as prac- jured, diseased, sick or deceased "employ- = ticable after any of the persons described ees". But only if: in Paragraphs e.(1) or (2) above discov- a. The injury, disease, sickness, or death ® ers that the "occurrence" or offense may occurred during the policy period and result in sums to which the insurance while such "employee" was employed or provided under this Coverage Part may assigned to work by you anywhere in the apply, world other than: ® However, if this policy includes an endorse- (1) The United States of America (includ- ment that provides limited coverage for "bod- ing its territories and possessions), ily injury" or "property damage" or pollution Puerto Rico and Canada; and costs arising out of a discharge, release or (2) Any country or jurisdiction in the escape of "pollutants" which contains a re- "prohibited area"; quirement that the discharge, release or es- cape of "pollutants" must be reported to us b. The relocation or repatriation is neces within a specific number of days after its sary in the opinion of competent medical abrupt commencement, this Paragraph e. authorities; and does not affert that requirement. c. The relocation or repatriation is from the Q. UNINTENTIONAL OMISSION country where the injury, disease, sick- = The following is added to Paragraph 6., Repre- in another death occurred to a destination sentations, of SECTION IV — COMMERCIAL n an er country. GENERAL LIABILITY CONDITIONS: The most we will pay as reasonable "trans- portation expenses" for the repatriation or re- The unintentional omission of, or unintentional er- location of any one of your "employees" is ror in, any information provided by you which we Page 8 of 9 ©2008 The Travelers Companies,Inc. CG D4 58 10 08 01eazi Pacific Power Products Company, LLC Y630533 D 1945TI L13 COMMERCIAL GENERAL LIABILITY $25,000. The most we will pay as reasonable 3. The following is added to the DEFINITIONS "transportation expenses" for the repatriation section: or relocation of all of your "employees" is "Normal transportation costs" means the $50,000. These payments will not reduce the costs of transporting your"employee" in good limits of insurance. health, and in conformance with your busi- 2. The following is added to Paragraph 4.b., Ex- ness travel policy, from the country of injury, cess Insurance, of SECTION IV — COM- disease, sickness, or death to the country of MERCIAL GENERAL LIABILITY CONDI- relocation or repatriation. TIONS: "Transportation expenses" includes the fol- This insurance is excess over any valid and lowing expenses: collectible other insurance, whether primary, a. Costs of embalming to meet United excess, contingent or on any other basis, that States standards; and is available for the reasonable 'transportation expenses" that you incur, over and above b. All reasonable expenses of transportation "normal transportation costs", for the repatria- to return the remains of the deceased to tion or relocation of any of your injured, dis- the country of burial or funeral. eased, sick or deceased "employees". CG D4 58 10 08 C 2008 The Travelers Companies,Inc. Page 9 of 9 Pacific Power Products Company, LLC Y630533D1945TIL13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY BLANKET ADDITIONAL INSURE (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows_ collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional Insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and hors-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that bj The insurance provided to the additional in- "other insurance". But the insurance provided to sue i does not apply e "bodilytthin u the additional insured by this endorsement still is pp y ry", prop- excess over any valid and collectible 'other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional Insured must give us written prove, drawings and specifications;and notice as soon as practicable of an 'occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Pacific Power Products Company, LLC Y15$0533131945TIL13 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" any provider of"other insurance"which would _ or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence' or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V, i. Immediately record the specifics of the —DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means 1L Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to It that we under which you are required to include a receive written notice of the claim or"suit"as surperson or organization as an additional at soon as practicable. the " oil this injury" and " Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury"is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 95 Pacific Power Products Company,LLC Y810533DI945IND COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO -- LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1.,Who Is "property damage" occurs and that is In effect An Insured, of SECTION II — LIABILITY COW during the policy period, " named as an add}-tonal insured is an "Insured" far Liability Cover- age,but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "Insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained In Section separately insured for Business Auto Coverage, It. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO tit the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION 11 — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours Is an "insured" while Who Is An Insured, of SECTION II—LIABILITY operating an "auto' hired or rented under a COVERAGE: contract or agreement in that "employee's" name,with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 02 12 ©2flt0 The Travelers indemnity Company Page 1 of 4 Includes coppighled material of Insurance Services Office,Inc,with is permission. PaciFlc Power Products Company,LLC Y810533DI945IND COMMERCIAL AUTO 2, The fallowing replaces Paragraph b. in B.S., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or barrow from ered"autos"you own: any of your"employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow;and holds. (2) Any covered"auto" hired or rented by (a) With respect to any claim made or"suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: yourbusiness, (1) You must arrange to defend the "in- However, any"auto" that Is leased, hired, sured"against,and investigate or set- rented or borrowed with a driver is not a tle any such claim or"suit' and keep covered"auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED bons. The following is added to Paragraph A.1.,Who Is (if) Neither you nor any other involved An insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours Is an"insured"while us- (iif)We may, at our discretion, participate ing a covered"auto"you don't own, hire or barrow in defending the "insured"against, or in your business or your personal affairs. In the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit'. LIMITS (iv)We will reimburse the "insured" for sums that the "insured" legally must 1. The following replaces Paragraph A.2.a.(2), pay as damages because of "bodily of SECTION 11—LIABILITY COVERAGE injury" or"property damage"to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but lions) required because of an "accident' only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION 11—LIABILITY COVERAGE, 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11—LIABILITY COVERAGE: the reasonable expenses Incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the insured" against any such cause of tuna off from work. "suit', but only up to and included within the limit described In Para- F. HIRED AUTO — LIMITED WORLDWIDE COY- graph C., Limit Of Insurance, of ERAGE—INDEMNITY BASIS SECTION 11 — LIABILITY COVER- The following replaces Subparagraph (5) In Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation Imposed by the (b) This Insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 m 20110 The Travelers Indemnity Company CA T3 53 0212 Includes copyrighted malerial of Insurance services Office,in¢with its permission. Paciflc Power Products Company,LLC Y810533D19451ND COMMERCIAL AUTO to the "Insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rica and Canada. We will pay up to $400 for"loss" to wearing ap- You agree to maintain all required or Parel and other personal effects which are: compulsory Insurance in any such coun- (1) Owned by an"Insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This Coverage applies only in the event of a total compulsory insurance requirements will theft of your covered"auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you compiled with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu� (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered"auto"you awn that in- ada. We assume no responsibility for the flate due to a cause other than a cause of"loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b, and A.1.c., but for compliance In any way with the laws only: of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE—GLASS a. If that"auto" is a covered "auto"for Compre- hensive Coverage under this policy; The following is added to Paragraph D., De- b. The airbags are not covered under any war- ranty-and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of$1.000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or"loss" ap- for loss of use Is $65 per day, to a maximum of plies only when the "accident" or"loss" is known $750 for any one"accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You(if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner(if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVERA- (d) An executive officer; director or insurance GE: manager(if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization);or $1,500 for temporary transportation expense in- (e) Any"employee"authorized by you to give no- curred by you because of the total theft of a cov- tice of the"accident"or ered"auto"of the private passenger type. CA T3 53 02 12 ©2010 The Travelers Indemnity Company Page 3 of 4 lydudes copyrighted material of Insurance Services Office,Inc.with its permission. Pacific Power Products Company,LLC Y810533D19451ND COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident" ever this provision does not affect our right to col- or"loss", provided that the"accident"or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 ©2010 The Travelers Indemnity Company CA T3 53 02 12 '.. Includes copyrighted material of Insurance Services office,Inc.with its permission. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E. Public Works Director 400 West Gowe ® Kent, WA 98032 Kr Fax: 253-856-6500 WASH INGTG " Phone: 253-856-5500 LETTER OF TRANSMITTAL DATE: January 9, 2014 TO: Randy Lukkasson Pacific Power Generation 5808 S. 196" St. Kent, WA 98032 RE: Generator Load Testing Copies Description 2 originals Goods & Services Agreement Enclosed are two Goods & Services Agreements for the above referenced project. Please sign both copies and return to my attention. You will need to provide a current certificate of insurance as stated in Exhibit B, as well as additional insured endorsements) which names the City of Kent as an additional insured on all policies (except Professional Liability). Please note that your contract cannot be executed until the insurance documents are received. If you should have any questions, please contact me. Copies to: Nancy Yoshitake City of Kent Engineering 400 West Gowe Kent, Washington 98032 Phone: 253-856-5508 Fax: 253-856-6500 Email: nyoshitake@KentWa.gov REQUEST KE NOT Please fill in All Applicable Boxes WASH N� fl)N flouting Information (ALL REQUEST.S 44UST FIRST BE ROUTED THROUGH THE LAW t)TPARTWENT) Originator ; Phone (Jriginator): Dale Sent Date Required: ; Return Signed Document to: CONTRACT TERMINATION DATE: VENDOR NAME ` DATE OF COUNCLL APPROVAL: , 13let Lx on of DOCUrnent: t } � (�°.. ` .fie_& �, `.� +_ 4 ➢ 1 All Contracts Masi Be Routed Through the Law Department (fins Area co be �omple(ed By d c. I a.v Dep ufmantJ Received: Approval of Law Dept.: t s 'w i Law Dept. Comments: e a Date Forwarded to Mavor: Shaded Areas to Be Completed by Administration Staff Received: u � Recommendations & Comments: { 1ia p y Dlsposilion:,/,Vi"'I`✓ `t{. . • a, a'r f Bate Returned: llsesn;o • 1/01