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PW14-034 - Amendment - #1 - Pacific Power Generation - Generators Load Testing - 02/27/2014
A6 Records Man,agement, KENT Document YI/h9HINGT OH .+s CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Pacific Power Generation Vendor Number: JD Edwards Numbeettr,, Contract Number: This is assigned by City Clerk's Office Project Name: Generator Load Testing Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Contract Effective Date: Date of the Mayor's signature Termination Date• 7/1/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Rob Lovell Department: PW Operations Detail: (i.e. address, location, parcel number, tax id, etc.): Extend the time of completion to July y 1s` S.Publlc\RecordsManagement\Forms\contractcover\adcc7832 1 31/08 KENT AMENDMENT NO. i NAME OF CONSULTANT OR VENDOR: Pacific Power Generation CONTRACT NAME & PROJECT NUMBER: Generator Load Testing ORIGINAL AGREEMENT DATE: February 11, 2014 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with-this-Amendment shall remain - - in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: The scope of work remains the same, however an amendment is needed to extend the time of completion to July 1, 2014 to allow additional time to complete the generator load testing. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $13,949.67 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $13,949.67 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $13,949.67 AMENDMENT - 1 OF 2 Original Time for Completion 3/1114 (insert date) Revised Time for Completion under n/a prior Amendments (insert date) Add'[ Days Required (t) for this 122 calendar days Amendment Revised Time for Completion 7/1/14 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that thisAmendment constitutes-full-payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: By: � w (signature) I (signature) Print Name:rLt' e=—^J& � �' +�35 � Pei n�layxfe: Suzette Cooke Its S'a ° -9 Fts'` Mayor (title) ,ktitle) DATE: ZG2 a !C/ DATE: 'rf ;1. IxpC APPROVED AS TO ORM: (applicabl if Mayor' slgnat required) 9' C Kent Law Departme Face¢Power Gene2non-2014 load Testing wind 1/Loren AMENDMENT - 2 OF 2 -- C1fent4.-142443 PACIPOWE6-- - — DATE(MM/DDlY" AGORD. CERTIFICATE OF LIABILITY INSURANCE 2/03/2014 -"YIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS :RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES dkLOW.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 poky(fes)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain_policies may require an endorsement.Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA AME:GT Sharnel DI Vona N Propel Insurance r-1W-E,1;253:310.4047 ac No; 866.577.1326 Tacoma Commercial Insurance &MAIL s ro ellnsurance.c I ADDRESS: kd @P om p 1201 Pacific Ave,Su Ito 1000 INSURER 6 AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER A,Travelers Prop.Casualty of Am. 25674 INSURED INSURERS I Travelers Indemnity Company Pacific Power Products Company,LLC INSURERC: -600 South--56th-Place RER ; Ridgefield,WA 98642 IN6 INSUURER ED: 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 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUER PCOCYEFFINSR M OD LIMITS LTR TYPE OFINSURANCE INSR WV NUMBER MMD1YYYY A GENERAL LIABILITY X X Y630533D1945TIL13 05/01/2013 05/01/2014 EEAACHOCC URR ENCE nca $1 000000 DpEqa,.Eaoure� $100000X COMMERCIALGENERALLABILITY CLAIMS"IdADB 51OCCUR MED EXP Wynne person) $5000 PERSONAL S AOV INJURY $1 000,000 GENERAL AGGREGATE $2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2,000,000 PoLcY X PRG" LoC WAStopGap $1000,000 b . AUTOMOBILE LIABILITY X X Y810533D19451ND 051011201305101/201 r'E°a a°IYeeDSINGLE LIIdIT 11,000000 X ANY AUTO BODILY INJURY(P.,parson) $ - JAUTOSAUTOS SCHEDULED BOO ILY INJURY(Per accent) $ XNDN-OWNED PROPERTY DAMAGE $ AUTOS Perec6dsnl A XX OCCUR X X YSMGUP533D1945TIL1 05/01/2013051011201 EACH OCCURRENCECLAIh1S-MADE AGGREGATE s20 OOO DDD N SO $ WORK ERS COMPENSATION WOC 9T TLL OTH- AND EMPLOYERS'LIABILITY ANY PgqOpRIE IEX TORIPARTNERECUTIVE� El,EACH ACCIDENT $ OFFICERM MDER EXCLUDE07 NIA (M1lendatory In NH) EL.DISEASE"EA EMPLOYEE $ If DESC RIPTIO yes,RIPTIOa under N OF OPERATIONS 6elal E.L.DISEASE�POLICY LIMIT $ A Marine G/L Incl. ZOLIOR7724013ND 06/01/2013=05[0112014 $1,000,000/$2,000,000 Ship Repair Liab. A Excess Marine Life ZOXIOR7736813ND 05/01/2013 $9,000,000/$9 000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Addlllonal Remarks Schedule,If mare spans Is required) The City of Kent,WA is included as an Additional Insured perthe attached form(s)andlor endorsement(s). CERTIFICATE HOLDER CANCELLATION City O{Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS, Kent,WA 98032.5838 AUTHORIZED REPRESENTATIVE i ©1988.2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S13229431M1202314 LJS00 Additional Named Insureds PACIPOWE6 FDie8el, nc it 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 L Turf) PKenergy Solutions, LLC Pacific Power Products Cc LLC, A WA LLC Southwest Products Realty, LLC I I i Additional Named Insureds PACIPowes 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 i i Pacific Power Products Company,LLC Y630533D1945TIL13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTERNATIONAL XTEND ENDORSEMENT This endorsement modifies insurance provided underthe 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 from25 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 I. 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 underthls provision Is afforded A. BROADENED NAMED INSURED only until the 180th day after you acquire or farm the organization or the end of the 1. The following is added to SECTION 11—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 IS , 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 interost in, such organization. agreement to Include as an additional Insured on 2. The fallowing 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: I I i CG D4 58 10 08 0 20138 The Travelers companies,Inc. Page 1 of 9 COMMERCIAL GENERAL LIABILITY i 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- tlibuted 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 the limits shown in the Declarations of this a. The United States of America (including - - Coverage Part,whichever are less. Its territories and possessions), Puerto b. The Insurance provided to such vendor does Rico and Canada; not apply to: b. International waters or airspace, but only (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay (q) The "bodily injury" or "property dam- damages by.reason of the assumption of age" is caused by an "occurrence' liability. in a contract or agreement. This thattakes place; or 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 ja. 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'detennined 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 under this provision does not apply to: fenses committed within the territory de- a. Any person or organization from whom you scribed in Paragraph c. above, the following have acquired "your products", or any ingre- conditions apply: Page 2 of 9 ©2003 The Travelers companies,Inc. CG D4 58 10 08 Ote31e 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 (it) 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 "compel- 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". - - You agree to maintain "compulsory ad- "Prohibited area" means any country or diction while any trade sanction, embargoo,, or 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 orjurisdiction. he liable to the same extent we would D have been liable had you maintained D. DAMAGE TO PREMISES RENTED TO YOU "compulsory admitted insurance". 1. The following replaces the last paragraph of For purposes of this Paragraph (it). "com- Paragraph 2., Exclusions, of,SECTION 1 - pulsory admitted insurance" means in- COVERAGES - COVERAGE A BODILY IN- surance that Is: JURY AND PROPERTY DAMAGE LIABIL- (1) Required to be in-farce to satisfy the ITY; legal requirements of a specific coon- 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 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 fallowing will apply: e. Water. (1) The phrase "We will pay....." in the A separate limit of insurance applies to such first sentence of Paragraph 1.a. of damage to premises as described in Para- SECTION I - COVERAGES - COV- 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 pres- 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 sured against, and Investigate orset- structure, caused by or resulting from wa- tle,any claim or"suit". ter; (3) Neither you nor any other involved c. Explosion of steam boilers, steam pipes, insured will make any settlement steam engines, or steam turbines. without our consent. CG D4 58 10 08 ®2008 The Travelers Companies,Inc. Page 3 of 9 i ' i COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph S. of SEC- of SECTION IV— COMMERCIAL GENERAL LI- TION 111—LIMITS OF INSURANCE: ABILITY CONDITIONS: Subject to S. above, the Damage To Prom- 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 II —WHO IS plosion, or lightning; water; or any combine 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", "pe'rsonal this Coverage Part for Damage To Prem- 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 tease 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. m� 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. c is not an "insured.contract"; b. The insurance provided to such premises —� 5. 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- ou, or temporarily occupied b you with Y p Y P Y Y 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 fallowing is added to Paragraph 8., Transfer demolition operations performed by or on ( Of Rights Of Recovery Against Others To Us, I i Page 4 of 9 _ ©2008 The Travelers Companies,Inc. ,CG D4 58 10 08 oieaie I 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 OF LEASED EQUIPMENT Section: "Incidental medical services"means: The following is added to SECTION 1I—WHO Is AN INSURED:. a. Medical, surgical, dental, laboratory,x-ray 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— 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- 8onal injury" or"advertising injury" caused by gency medical services for which no compen- an offense that is committed, after you have satien 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 11 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 equipment leased to you by Paragraphs (1)(a), (b),.(c) and (it) above do such equipment lessor. not apply to any "bodily injury" arising out of The insurance provided to such equipment lessor any providing or falling to provide "incidental Is subject to the following provisions: medical services" by any of your "employ- a. The limits of Insurance provided to such coo", other than an employed doctor, Any equipment lessor will be the limits which you such "employees" providing or falling 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- Sate Of Pharmaceuticals pires. "Bodily injury" or 'properly 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- S. The following is added to Paragraph 5. of . . mary or contributory basis. SECTION III—LIMITS OF INSURANCE: CG D4 58 10 08 @ 200BTheTravelers companles,Inc, Page 5 of 9 III Pacific Power Products Company, LLC Y630533D1946TIL13 COMMERCIAL GENERAL LIABILITY 'I For the purposes of determining the applica- has also been assumed in the ble Each occurrence Limit, all related acts or same"insured contract"; and omissions committed in the providing or fall- (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 COHDI- 2, The following replaces the third sentence of '.. TIONS: Paragraph 2. of SUPPLEMENTARY PAY- This insurance is excess over any valid and MENTS—COVERAGES AAND B: collectible other insurances 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 II — WHO IS because of"bodily injury", "property damage" AN INSURED. or "personal injury", and will not reduce the 1. PERSONAL INJURY — ASSUMED BY CON- limits of insurance. TRACT 3. The following replaces Paragraph 2.d. of 1. The following replaces Exclusion a., 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- m would have in the absence of the ment pertaining to your business (nciud- contract or agreement;or ing an indemnification of a municipality in o- connection with work performed for a (2) Liability for damages .because of municipally)under which you assume the "personal injury" assumed in a con- tort 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 organiza- injury" is caused by an offense com- ton. 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- toe JURY ts ys 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 he damages because of"personal "Bodily injury" means bodily Injury, mental an- guish, mental Injury, shock,'fright, disability, hu- irijury",provided that: inj Liability to such party for,.or for miliation,sickness or disease sustained by a per- t of, death resulting from any of these at the costf, that party's defense any time Page 6 of 9 ©2008 The Travelers Companies,Inc. CG D4 58 10 08 e1B320 f I I i I Pacifle 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 II—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 oftime off from work. The following is added to Exclusion g., Aircraft, O. MEDICAL PAYMENTS—INCREASED LIMITS Auto Or Watercraft, in Paragraph 2,of SECTION — COVERAGES — COVERAGE A BODILY IN. The following replaces Paragraph 7. of SECTION JURY AND PROPERTY DAMAGE LIABILITY: III—LIMITS OF INSURANCE: This exclusion does net 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- (b) Not owned by any insured; and fly injury" sustained by any one person, 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 ( 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 II—WHO IS AN INSURED: you or any Insured listed in Paragraph 1.or 2. of Section II—Who Is An Insured: Any person or organization that,with your ex- press or implied consent, either uses or Is re- (1) Notice to us of such "occurrence" or of- sponsibie for the use of a watercraft that you fense must be given as soon as practica- do not own that is: ble only after the "occurrence" or offense 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 1.1b, 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 otherthan 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 . violations arising out of the use of any offense. CG D4 58 10 08 02003 The Travelers companies,Inc. Page 7 of 9 I, Pacific Power Products Company,LLC Y630533DI945TIL13 COMMERCIAL GENERAL LIABILITY (2) If you are a partnership,joint venture, Ilm- relied upon in issuing this policy will not prejudice j� 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- tiee to us of such "occurrence" or offense lation or nomenewal 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- JURY AND PROPERTY DAMAGE LIABILITY: (ii) A manager of any limited liability i company; a. Expected or Intended Injury or Damage (W)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- Dint venture liy injury" or"property damage" resulting from that is your partner, 1 the use of reasonable force to protect any member, managerortrustee; or person or property. (b) Any "employee" authorized by such S. TRANSPORTATION EXPENSES FOR REPA-' partnership, joint venture, limited Ik TRIATION OR RELOCATION OF INJURED OR ability company,trust or other organl- SICK EMPLOYEES zation to give notice of an "occur- 1. The following is added to SUPPLEMENTARY "occur- 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 compensation Insurer. This applies only if and above "normal transportation costs", for you subsequently give notice to us of the the repatriation or relocation of any of your in- "occurrence" or offense as soon as prac- lured, 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 otherthan: 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- caps 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 affect that requirement. c. The relocation or repatriation is from the oc Q. UNINTENTIONAL OMISSION country where the injury, disease, sick- ness, or death occurred to a destination The fallowing is added,to Paragraph S., Repre- 1n another country.. sentations, of SECTION IV — COMMERCIAL 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 I Page 8 of 9 ©2008 The Travelers Companles,Ino. CG D4 58 10 08 oieazi Pacific Power Products Company, LLC Y630533D1945TIL13 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 4.1o, 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 repatna- 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". i CG D4 5810 08 0 2008 The Travelers companies,Inc. Page 9 of 9 I Pacific Power Products Company, LLC Y830533D1945TIL13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL ENSURE® (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 WHO IS AN INSURED=(Section 11) 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 b} If, and onlyto the extent that, the Injury or Insured, and then the Insurance provided to f r the additlonal Insured applies only to such damage is caused by acts or omissions of "bodily injury' or "property damage" that or, 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 Ilabi:'fty 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 addltlonal Insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, qulred 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 parson or organization as a named Insured Section III Limits Of Insurance. for such loss, and we will not share with that "other Insurance". But the insurance provided to b) The insurance provided to the additional In- the additional Insured by this endorsement still is sured does not apply to "bodily Injury", "prop- excess over any valid and collectible "other in- arty 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 addl- professional architectural,engineering or sur. tional insured when that person or organization is veying services,including: an additional insured under such "other Insur- 1. The preparing, approving, or failing to. ante". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the Inge, 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"Supervisory, inspection, architectural or rence" or an offense which may result In a engineering activities, claim. To the extent possible, such "notice should include: CG D2 40 08 05 0 2005 The St. Paul Travelers Companies,Inc. Page 1 of 2 i Pacific Power Products Company, LLC Y00533D1945TILI3 COMMERCIAL GENERAL LIABILITY L 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 !I. 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 Ill. 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 S. the additional insured, the additional Insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means 11, Notify us as soon as practicable. that part of any written contract or agreement The additlonel Insured must see to It that we under which you are required to Include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage 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. i i Page 2 of 2 0 2005 The St, Paul Travelers Companies, Inc. GG D2 46 08 05 Pacific Power Products Company,LLC Y810533D1945IND 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 Coveragie 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,Llmifatlons and excluslons 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. EMPLOYEEHI RED 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 . C OVERAGE--INDEMNITY BASIS 0. 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 "prope ty damage" occurs and that is 01 effect An Insured, of SECTION 11 -- LIABILITY COV- during the policy period, to be named as an add(- ttonal insured Is an "Insured" for Liability Cover- ERAGE: age, but only for damages to which this Insurance Any organization you newly acquire or form dur- applies and only 10 the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "Insured" under the 50"/3 or more ownership interest and that Is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. !l, Coverage under this provision Is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after YOU acquire or form the or- ganizatlon 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. 13LANKET 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 acontract or agteement In that "employee's" COVERAGE: name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busl- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 02 12 02010 The Travelers Indemnity Company Page 1 of 4 Includes copyrighted material of Insurance Services alnee,Inc,with Its permission. Pacific Power Products Company,LLC Y810533DI945IND COMMERCIAL AUTO I 2. The following replaces Paragraph b. in B.5., within such country or Jurisdiction,for Liability Other Insurance, of SECTION IV — BUS]- 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 borrow 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) ar 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: your business. (i) 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 tie any such claim or"suit" and keep covered"auto", us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. 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 sattlement ERAGE: without our consent. Any"employee"of yours is an"Insured"while us- (ill)We may, at our discretion, participate ing a covered"auto"you don't own,(lire or borrow 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 (lv)We will reimburse the 'insured" for 1. The fallowing replaces Paragraph A.2.a.(2), sums that the 'Insured" legally must ofsECTIONIi—LIA6ILITYCDVERAGE; pay as damages because of"bodily Injury' or"properly damage"to which (2) Up to $3,000 for cost of ball 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 II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a,(4), (v) We will reimburse the "insured" for of SECTION 11—LIABiLITYCOVERAGE: the reasonable expenses Incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "fnsured" at our request, including actual tton of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "sult", but only up to and included F. HIRED AUTO — LIMITED WORLDWIDE COW within the limn described in Para- ERAGE—INDEMNITYBASIS graph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVER- The following replaces Subparagraph(5)in Para- AGE, and not in addition to such limit graph 6.7., 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 expanses. 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 hlbits the transaction of business with or I Page 2 of 4 ©201e ShaTravolars Indemnity Company CA T3 53 0212 Includes copydghled material of Insurance services Office,Inc.with Its permrssion. i pacific Power Products Company,LLC Y810533DI945IND 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 rltorles and possessions, Puerto Rico and Canada. We will pay up to $400 for"loss" to wearing ap- Insurance in any such coun- O maintain all required or parel and other personal effects which are: compulsory n You agree 1 Owned by an"insured";and try up to the minimum limits required by (2) In or on your covered"auto". local law. Your failure to comply with This.coverage applies only in the event of a total compulsory Insurance requirements ivili theft of your covered"auto". not invalidate the coverage afforded by this policy,but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you comptied with the compulsory in- K. AIRSAGS surance requirements. The following is added to Paragraph 13.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion B.a. does not apply to "loss"to one or and possessions, Puerto Rico and Can- more airbags in a coveted"auto" you awn that in- ada, We assume no responsibility for the flate due to a cause other than a cause of"loss" furnishing of certificates of Insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance In any way with the laws only: of other countries relating to insurance. G. WAIVER.OF DEDUCTIBLE—GLASS a. If that"auto"is a covered"auto"for Compre- hensive Coverage under this policy; The following Is added to Paragraph D., De- b. The airbags are not covered under any war- ranty;III and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags Were not intentionally inflated. glass damage if the glass Is repaired rather than We will pay up to a maximum of$U00 for any replaced. one 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 SECTION IV9 BUSINESS AUTO Is added to Paragraph A.2.a„ of graph A.4.6., Loss Of Use Expenses, of SEC- CONDITIONS: TION III—PHYSICAL DAMAGE COVERAGE: Your duty to give us or our aufhorized representa- However,the most we will pay for any expenses live prompt notice of the "accident" or"loss" ap- for less of use Is $65 per day, to a maximum of plies only when the "accldenit' or"lass" Is known $750 for anyone"accldent 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 Fare- (c) A member (if you are a limited liability com- j graph A.4.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);cr $1,500 for temporary transportation expense in- (a) Any"employee"authorized by you to give no- curred by you because of the total theft of a cov- tics of the"accident"or"loss". eyed"auto"of the private passengertyps, GA T3 53 0212 ©2gi0The Travelers Page 3 of 4 Indemnity Company g Includes copyrighted material of Insurance services oirce,Inc.with its permission. I Pacl0o Power Pred W is Company,LLC Y810533D19451ND COMMERCIALAUTO 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- s. 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 omisslon of, or unintentional against any person or organization to the ex- error in, any informeilon 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 rot- 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 i Page 4 of 4 ®2010 The Travelers Indemn0y Company CA T3 53 0212 Includes copydghled malerlal or Insurance Services 01166,Inc.with its permissron. ' REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes `eview irec r Originator's Name: Rob Lovell Dept/Div. PW O eratio s Extension: 5641 Date Sent: i Date Required: 3 Return to: Nancy Yoshitake CONTRACT TERMINATION DATE: 3/1/14 VENDOR: Pacific Power Generation DATE OF COUNCIL APPROVAL: n/a ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: The attached Amendment No. 1 is necessary to extend the time of completion to July 1st. Due to delays not enough time was allowed to complete the generator load testing. AM Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: F' Approval ofK tAW DEPT. / Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: V,r,G., ° Recommendations and Comments: Disposition: O1 0peOG ®\ �tCe Date Returned: