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PW15-037 - Original - Pacific Power Generation - Water Facilities Generators - 02/12/2015
4 RecordsMa " ager nO r� KENT Document' WASHINGTON Zvi° r; 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 Number Contract Number: vwyi— This is assigned by City Clerk's Office Project Name: Water Facilities Generators Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/12/15 Termination Date: 12/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford Department: PW Operations Contract Amount: $9,500.00 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Provide emergency and non-emergency response for troubleshooting-and repair of fixed remote and portable generators. As of: 08/27/14 III KENT WAHtNQTD 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. 196t' St., 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 provide emergency and non-emergency response for troubleshooting and repair of fixed remote and portable generators at various water facilities. For a description and Vendor's bid, see the attached Exhibit A which is 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 December 31, 2015. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Nine Thousand, Five Hundred Dollars ($9,500.00), 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 (Under$10,000,00, including WSST) The Vendor shall be paid after execution of agreement and completion of each generator response and repair. 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. i 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. 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 GOODS & SERVICES AGREEMENT - 2 (Under$10,000,00, including WSST) I 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 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 (Under$10,000.00, including WSST) 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. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. 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 promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used— rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work, The Vendor shall begin to correct any defects within seven (7) GOODS & SERVICES AGREEMENT - 4 (Under$10,000.00, including WSST) 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 (Under$10,000,00, including INSST) 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 (Under$10,000,00, including WSST) I. CityBusiness License Required. Prior to commencing the tasks described in Section 9 9 I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code, J. 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: By: ` By (signature) (signature) Print Name: ;V,;.ndj- Print Name: David A. Brock, P.E. Its: -S-e.lr°"t;.Z Its: Ipter'm Operations Manager (title) DATE: / /el /S DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Randy Lukkasson Timothy J. LaPorte, P.E. Pacific Power Generation City of Kent 5808 S. 196" St. 220 Fourth Avenue South it Kent, WA 98032 Kent, WA 98032 (253) 395-9077 (telephone) (253) 856-5500 (telephone) (253) 395-2408 (facsimile) (253) 856-6500 (facsimile) Pacific Power Generation-2013 Generator Repairs&Sorvice/Swinford III i I GOODS & SERVICES AGREEMENT - 7 (Under$10,000,00, including WSST) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. I 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: 7 For: Title: Sad!( Date; EEO COMPLIANCE DOCUMENTS - 1 of 3 I CITY OF KENT ADMINISTRATIVE POLICY I NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 I 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 KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. I I By. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A I City of Kent Scope of Work Emergency Generator Response and Repair The City of Kent Public Works Operations Water Division is requesting hourly rate proposals for emergency and non-emergency response for troubleshooting and repair of fixed remote and portable generators at various water facilities. Overview The City of Kent Water Division owns, operates and maintains 13 fixed generators at remote water facilities and 2 portable trailer mounted generators. Generators are fueled by both diesel and propane and range in size from 7.5 Kva single phase to 450 Kva 3phase. Manufacturers are Cummins/Onan, CAT and MQ. See attached document for locations and size. -The City of Kent is interested in the following • Hourly rates for both emergency and non-emergency response services • Material mark-up rate • Contractor will be required to respond on site within 4 hours of an emergency call from City of Kent person neL(Please note) Do due inclement weather or any unforeseeable event where a 4 hour response time is unreasonable the contractor shall make a reasonable attempt to respond to request. • Contractor shall have a technician available to respond to calls 24 hours a day, 7 days a week including all holidays. • The contractor will enter into an Agreement with the City of Kent for one year in an amount not to exceed $9,500.00 with an option to renew for one additional year. Labor and material mark-up rates shall remain fixed for the duration of the first year and will be renegotiable the following year if the City decides to exercise a renewal. Contractor shall provide the following: • After hours contact numbers • Skilled technician(s) familiar with the troubleshooting and repair of listed generators • A reasonable supply of parts on hand to repair( temporarily or permanently) any of the listed generators • Hourly labor rate for standard business hours, after hours, emergency, weekend, and holiday rates. Please note: If after hours, emergency, weekend, or holiday rates are the same, please note within your bid. This work shall consist of the following: • Troubleshooting and repair of the listed generators • This work may require completion during normal business hours, after normal business j hours and on an emergency basis caused by but not limited to the following examples: emergency requests, component failure, and damage due to adverse weather conditions or damage caused by vandalism. • In an emergency, the contractor will be required to respond on-slte at the City's request within four(4) hours of a call. This call may occur during normal business hours, after normal business hours, on weekends and/or holidays to request permanent or temporary repairs. For the purpose of this document, normal business hours are defined as Monday through Friday, 7:30AM-4:OOPM. Special Provisions • Due to potential sensitivity of the environment where work may be performed, contractor shall maintain an on-site spill response kit (provided by the City of Kent). Contractor shall make sure all equipment used on-site is free of ANY AND ALL fluid leaks. In the event that there is a spill/leak of any type, the contractor will Immediately contain the spill and notify City of Kent personnel for further instructions. • It Is the City's desire to have the contractor fuel any and all equipment off-site. However, if this is not feasible, an agreement between the city and the contractor will need to be in place prior to commencing any work. The minimum requirement for on-site fueling will be the requirements as mention above and all equipment fueled will be placed within a reasonably sized containment area consisting of two layers of 6 mil plastic sheeting with raised side boards. • Once'the City of Kent authorizes work to begin, the contractor will complete any new work (non- emergency) requests within a 30-calendar day period unless a prior time frame is discussed and agreed to between the City and the contractor. The contractor shall respond to any emergency repair request within four(4) hours, If permanent or temporary repairs cannot be completed during the initial response, the contractor shall make a reasonable effort to complete permanent repairs within 3 working days. i i Site Address <(VA Fuel Type Model Serlal#s ManufacturerII' Clark Springs 24875 Kent Kangley Rd 45 Propane 45GGFC/3970652129 Cummins/Oran Kent Springs Plateau 28600 216th Ave SE 65 Propane 65GGHB/3980655004 Cummins/Dnan Garrison Well 9615 S 218th St 12 Propane 12GRCA-4229B/3068978574 Cummins/Dnan O'Brien Well 22132 88th Ave South Removed 2014 Pump Station 3 25000 Lake Fenwick Road 125 Diesel 125DGEA/J:960620921 Cummins/Dnan Pump Station 25601 Relth Road 7.5 Propane 7.53B/0870883555 Cummins/Dnan Pump Station 5 23825 98th Ave South 450 Diesel 450DFEJ/D040628102 Cummins/Dnan Guiberson 700 E.Guiberson 12 Propane 12GSAA-6707AO080215742 Cummins/Dnan SSP POD#3 12020 SE 288th St 17 Diesel D17-2S/00C22CNC300538 Caterpillar Portable varies according to need 350 Diesel 350DQBB/C F990925934 Located at pump Statlon95 Cummins/Dnan Portable varies according to need 25 Diesel MQDCA2SSSIU Located at pump station 95 MO Pump station 7 3301 So 264th SS Diesel DSKAB-1211411 Cummins/Dnan 3.5 28502 124th Ave Se 35 Diesel DSKAB-1211411 Cummins/Dnan Guiherson Corrosion 515 Kennebeck Ave 25 Diesel D25-8S Caterpillar 640 Reservoir 12526 Se 248th 20 Diesel D20-6S Caterpillar East Hill Well 24525 10401 Ave Se 450 Diesel DFEJ-1332524 Cummins/Oman Note:All generators are located within City of Kent proper except:KentSprings Plateau and Clark Springs which are located near Maple Valley Black Diamond i PACIFIE POWER GENERATION Division of Podfls Power Group 5808 South 196"Street 253-395-9077 Kent WA 98032 253-395-2408/fax i City Of Kent Emergency Generator Response and Repair Attn: Kevin Swinford Pacific Power Generation would like to work with the city in maintaining your generator and in response to the Goods and service agreement you sent. Please see contact and rate Information below. After hours call 1 877-769-7436 or 1 253-395-9077 I Normal hours 7:00-4:00 M-F$115,00 per hour After hours: after 4:00 M-F Saturday/Sunday & Holidays $172.59 per hour Travel is charged time and $2.50 per mile Parts mark up of 26% Please contact us with any qustions. Regards, Randy Lukkasson Power Generation Service Sales PACIFIC POWER GENERATION PIv of Patla[Power nroup 5808 South 196"'Street I Kent,WA 98032 Dlrect: 253.395.9077 1 Cell:253.736-.5042 www,P a ci f is Po we rG ro u o.co m 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 $1,000,000 per accident. EXHIBIT B (continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The 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 PACIPOWE6II ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 04/21/20141/2014 -'IIS 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 BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms add conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON Margaret Davis Propel Insurance acNN B,:503.467.7568 �jn"/c Nel• 866.577.1326 Portland Commercial Insurance EMAIL mmdr1 ro elinsurance.com ADDRESS: @p_ P - 888 SW 5th Avenue, Suite 1170 INSURER(S)AFFORDING COVERAGE NAICIf Portland,OR 97204.2025 INSURER A:Travelers Property Casualty 25674 INSURED INSURER B:Travelers Indemnity Company Pacific Power Group LLC INSURERC: 600 South 56th 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 TOTHE INSURED NAMEDABOVE FORTHE POLICYPER10D 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. INSR -- ADDLSUBR POLICY 7PRODUCTS LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDO A GENERAL LIABILITY X X Y630533DI945TIL14 05/01/20EACHOCCURRENCE $1 000,000 X COMMERCIAL GENERAL LIABILITY DAMAGET RENTED PREMISES Ea occurrence $100000 CLAIMS-MADE �OCCUR MED EXP(Any one pe..n) $5 OOO PERSONAL a ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 '..i GEN'L AGGREGATE LIMITAPPLIES PER: -COMP/OP AGG s2,000,000 ' POLICY X PRO-ECT LOC WA St° Gap $1,000,000 CT L AUTOMOBILE LIABILITY X X Y810533D19451ND74 5/01/2014 05/01/201 Ea acdtleDlSiNGLE LIMIT 1,000,000 X ANY AUTD BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per acddenl) $ X HIRED AUTOS X PROPERTY DAMAGE _ AUTOS AUTO' POPERY $ 8 A )( UMBRELLA LIAD X OCCUR X X YSMCUP533DJ945TIL1 5/011201405101/201 _EACH OCCURRENCE $20000000 EXCESS LIAR CLAMSWADE AGGREGATE $2O OOO OOO DEB X RETENTION$0 $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORNARTNERJEXECUTIVE YIN E.L,EACH ACCIDENT $ OFFICERIMEMBER E%CWDE09 ❑ NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea,dumb.under I E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Marine GL w/Ship ZOLIOR7724014ND 5/01/2014 0510112015 $1,000,0001$2,000,000 Repair Liability B Excess Marine ZOXIOR7736814ND 5/01/2014 05101/2015 $9 D00,000/$9,000,000 DESCRIPTION OF OPERATIONS LOCATIONS IVEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mere space Is required) The City of Kent,WA Is included as an Additional Insured per the attached form(s)and/or endorsement(s). i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN -- 220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032-5838 AUTHORIZED REPRESENTATIVE Y �W'ro�.Aw.ro.uo+••r-w.....—. ©1988.2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010105) 1 Bill The ACORD name and logo are registered marks of ACORD #S13845701M1384439 LJSOO l F_ Additional Named Insureds PACIPOWE6 Pacific Power Group LLC Pacific Power Products Holdings Inc Pacific Power Products Management LLC Pacific Power Products Company LLC (now known as Pacific Power Group LLC) Pacific Detroit Realty LLC Southwest Products Corporation Southwest Products Realty LLC Pacific Power Products Profit Sharing & 401 (k) Plan PKenergy Solutions LLC DBAs / Trade Names : Pacific Engine Works Pacific Golf and Turf Pacific Marine Power Pacific Power Generation Pacific Power Group Pacific Power Management Solutions Pacific Power Products Company Pacific Power Products Group Pacific Power Rentals Pacific Reman Center Pacific Truck Center Pacific Truck Centers ,erkins Pacific Pkenergy Solutions Hanco Industrial Engines Pacific Detroit Diesel-Allison i Inactive Entities : NMT Diesel , Inc Northtrends Pacific Detroit Diesel Allison Inc Profit Sharing IDS Inc Farwest Golf Pacific Truck Performance Power Products Machine Cascade Turf Marine GL, Bumbershoot & Ocean Cargo Named Insured: Pacific Power Group LLC Pacific Power Products Holdings Inc Pacific Power Products Management LLC Southwest Products Corporation Pacific Detroit Realty LLC Southwest Products Realty, LLC Pacific Marine Power Pacific Engine Works Pacific Reman Center I i i Y630533DI945TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES 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 J. Bodily Injury To Co-Employees And Co-Volunteer B. Blanket Additional Insured—Broad Form Vendors Workers C. Damage To Premises Rented To You K. Aircraft Chartered With Crew Perils of fire, explosion, lightning, smoke, L. Non-Owned Watercraft— Increased From 25 Feet water To 50 Feet • Limit increased to$300,000 M. Increased Supplementary Payments D. Blanket Waiver Of Subrogation • Cost of bail bonds increased to$2,500 E. Blanket Additional Insured — Owners, Managers • Loss of earnings increased to $500 per day Or Lessors Of Premises F. Blanket Additional Insured — Lessors Of Leased N. Medical Payments- Increased Limit Equipment O. Knowledge And Notice Of Occurrence Or Offense G. Incidental Medical Malpractice P. Unintentional Omission H. Personal Injury—Assumed By Contract Q. Reasonable Force — Bodily Injury Or Property I. Amended Bodily Injury Definition Damage PROVISIONS B. BLANKET ADDITIONAL INSURED — BROAD A. BROADENED NAMED INSURED FORM VENDORS 1. The following is added to SECTION II—WHO The following is added to SECTION If — WHO IS IS AN INSURED: AN INSURED: Any organization, other than a partnership or Any person or organization that is a vendor and joint venture, over which you maintain owner- that you have agreed in a written contract or ship or majority interest on the effective date agreement to include as an additional insured on of the policy qualifies as a Named Insured. this Coverage Part is an insured, but only with re- However, coverage for any such organization spect to liability for `bodily injury" or "property will cease as of the date during the policy pe- damage"that: riod that you no longer maintain ownership of, a. Is caused by an "occurrence"that takes place or majority interest in, such organization. after you have signed and executed that con- 2. The following replaces Paragraph 4.a. of tract or agreement; and SECTION II—WHO IS AN INSURED: a. Coverage under this provision is afforded b. Arises out of "your products" which are such only until the 180th day after you acquire vended or sold in the regular course of such or form the organization or the end of the vendor's business. policy period, whichever is earlier, unless The insurance provided to such vendor is subject reported in writing to us within 180 days. to the following provisions: i CG D4 58 0713 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services office, Inc.with its permission. Y630533DI945TIL14 COMMERCIAL GENERAL LIABILITY I 3. The following replaces Paragraph a, of the a. Is "bodily injury' or "property damage" caused definition of "insured contract" in the DEFINI- by an "occurrence" that takes place, or "per- TIONS Section: sonal injury" or "advertising injury" caused by a. A contract for a lease of premises. How- an offense that is committed, after you have ever, that portion of the contract for a signed and executed that contract or agree- lease of premises that indemnifies any ment; and person or organization for damage to b. Arises out of the ownership, maintenance or premises while rented to you, or tempo- use of that part of any premises leased to rarily occupied by you with permission of you. the owner, caused by: The insurance provided to such premises owner, (1) Fire; manager or lessor is subject to the following pro- visions: (2) Explosion; a. The limits of insurance provided to such (3) Lightning; premises owner, manager or lessor will be (4) Smoke resulting from such fire, ex- the limits which you agreed to provide in the plosion, or lightning; or written contract or agreement, or the limits 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 4. 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 (b) That is insurance for premises rented to place, or "personal injury" or "advertising you, or temporarily occupied by you with injury" caused by an offense that is com- the permission of the owner; mitted, after you cease to be a tenant in that premises; or D. 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, behalf of such premises owner, manager of SECTION IV — COMMERCIAL GENERAL LI- or lessor. ABILITY CONDITIONS: c. The insurance provided to such premises We waive any right of recovery we may have owner, manager or lessor is excess over any against any person or organization because of valid and collectible other insurance available payments we make for injury or damage arising to such premises owner, manager or lessor, out of premises owned or occupied by or rented unless you have agreed in a written contract or loaned to you; ongoing operations performed for this insurance to apply on a primary or by you or on your behalf, done under a contract contributory basis. with that person or organization; "your work"; or F. BLANKET ADDITIONAL INSURED — LESSORS "your products". We waive this right where you OF LEASED EQUIPMENT have agreed to do so as part of a written contract, The following is added to SECTION II — WHO IS executed by you prior to loss. AN INSURED: E. BLANKET ADDITIONAL INSURED — OWNERS, Any person or organization that is an equipment MANAGERS OR LESSORS OF PREMISES lessor and that you have agreed in a written con- The following is added to SECTION II — WHO IS tract or agreement to include as an additional in- AN INSURED: sured on this Coverage Part is an insured, but Any parson or organization that is a premises only with respect to liability for "bodily injury", "property damage", "personal injury' or "advertis- owner, manager or lessor and that you have ing injury"that: agreed in a written contract or agreement to name as an additional insured on this Coverage a. Is "bodily injury" or"property damage" caused Part is an insured, but only with respect to liability by an "occurrence" that takes place, or "per- for "bodily injury", "property damage", "personal sonal injury" or "advertising injury" caused by injury"or"advertising injury" that: an offense that is committed, after you have CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 7 Includes copyrighted material of Insurance services Office,Inc.with Its permission. Y630533D1945TIL14 COMMERCIAL GENERAL LIABILITY I e. Contractual Liability the insured and the interests of the in- "Personal injury" or"advertising injury" for demnitee; which the insured is obligated to pay 4. The following replaces the first subparagraph damages by reason of the assumption of of Paragraph f. of the definition of "insured liability in a contract or agreement. This contract" in the DEFINITIONS Section: exclusion does not apply to: f. That part of any other contract or agree- (1) Liability for damages that the insured ment pertaining to your business (includ- would have in the absence of the ing an indemnification of a municipality In contract or agreement; or connection with work performed for a 2 Liability for damages because of municipality)under which you assume the ( ) y g tort liability of another party to pay for "personal injury" assumed in a con- "bodily injury," "property damage" or"per- tract or agreement that is an "insured sonal injury" to a third person or organiza- contract", provided that the "personal tion. Tort liability means a liability that Injury" is caused by an offense com- would be imposed by law in the absence mitted subsequent to the execution of of any contract or agreement. the contract or agreement. Solely for I. AMENDED BODILY INJURY DEFINITION the purposes of liability assumed in an "insured contract", reasonable at- The following replaces the definition of"bodily in- torneys fees and necessary litigation jury" in the DEFINITIONS Section: expenses incurred by or for a party "Bodily injury" means bodily injury, mental an- other than an insured will be deemed guish, mental injury, shock, fright, disability, hu- to be damages because of "personal miliation, sickness or disease sustained by a per- injury", provided that: son, including death resulting from any of these at (a) Liability to such party for, or for any time. the cost of, that party's defense J. BODILY INJURY TO CO-EMPLOYEES AND has also been assumed in the CO-VOLUNTEER WORKERS same "insured contract"; and The following is added to Paragraph 2.a.(1) of (b) Such attorney fees and litigation SECTION II—WHO IS AN INSURED: expenses are for defense of that Paragraph (1)(a) above does not apply to "bodily party against a civil or alternative injury"to a co-"employee" in the course of the co- dispute resolution proceeding in "employee's" employment by you or performing which damages to which this in- duties related to the conduct of your business, or surance applies are alleged. to "bodily Injury" to your other "volunteer workers" 2. The following replaces the third sentence of while performing duties related to the conduct of 9 P your business. Paragraph 2, of SUPPLEMENTARY PAY- MENTS—COVERAGES A AND B: K. AIRCRAFT CHARTERED WITH CREW Notwithstanding the provisions of Paragraph The following is added to Exclusion g., Aircraft, 2.b.(2) of Section I — Coverage A— Bodily In- Auto Or Watercraft, in Paragraph 2.of SECTION I — COVERAGES — COVERAGE A BODILY IN. jury And Property Damage Liability or Para- JURY AND PROPERTY DAMAGE LIABILITY: graph 2.e. of Section I — Coverage B — Per- sonal and Advertising Injury Liability, such This exclusion does not apply to an aircraft that payments will not be deemed to be damages is: because of "bodily injury", "property damage" (a) Chartered with crew to any insured; or "personal injury", and will not reduce the (b) Not owned by any insured; and limits of insurance. (c) Not being used to carry any person or prop- 3. The following replaces Paragraph 2.d. of erty for a charge. SUPPLEMENTARY PAYMENTS — COVER- L. NON-OWNED WATERCRAFT AGES A AND B: 1. The following replaces Paragraph (2) of Ex- cl. The allegations in the "suit" and the in- clusion g., Aircraft, Auto Or Watercraft, in formation we know about the "occur- Paragraph 2. of SECTION I — COVERAGES rence" or offense are such that no conflict — COVERAGE A BODILY INJURY AND appears to exist between the interests of PROPERTY DAMAGE LIABILITY: CG D4 58 0713 ©2013 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 Includes copyrighted material of Insurance services Office, Inc.with its permission. i Y630533D1945TIL14 COMMERCIAL GENERAL LIABILITY i ers that the "occurrence' or offense may your rights under this insurance. However, this result In sums to which the insurance provision does not affect our right to collect addi- provided under this Coverage Part may tional premium or to exercise our rights of cancel- apply. lation or nonrenewal in accordance with applica- However, if this policy includes an endorse- ble Insurance laws or regulations. ment that provides limited coverage for "bod- Q, REASONABLE FORCE — BODILY INJURY OR ily injury" or "property damage" or pollution PROPERTY DAMAGE costs arising out of a discharge, release or escape of "pollutants' which contains a re- The following replaces Exclusion a., Expected Or quirement that the discharge, release or es- Intended Injury, in Paragraph 2. of SECTION I — cape of "pollutants" must be reported to us COVERAGES — COVERAGE A BODILY IN. within a specific number of days after its JURY AND PROPERTY DAMAGE LIABILITY: abrupt commencement, this Paragraph e. does not affect that requirement, a. Expected or Intended Injury or Damage P. UNINTENTIONAL OMISSION "Bodily injury" or "property damage" expected The fallowing is added to Paragraph 6., Repre. or intended from the standpoint of the in- sentations, of SECTION IV — COMMERCIAL sured. This exclusion does not apply to "bod- GENERAL LIABILITY CONDITIONS: ily injury" or "property damage" resulting from the use of reasonable force to protect any The unintentional omission of, or unintentional er- person or property. ror in, any information provided by you which we relied upon in issuing this policy will not prejudice it i II CIS D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance services Office, Inc.with its permission. Pacific Power Group LLC Y630533D1945TIL14 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (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: orations 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 non-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 "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- 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 ante", 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 alp- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a P ry claim. To the extent possible, such notice engineering activities, should include; CG D2 46 08 05 9 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Pacific Power Group LLC Y810533D19451ND14 ' 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 F USE UTOINCREASEDPIC L DAMAGE — LOSS B. BLANKET ADDITIONAL INSURED 1. EPHYSICAL XPENSES DAMAGE CREASEDTRANSPORTATION MIT C. EMPLOYEE HiRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS —INCREASED L. OR NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS 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 "property damage" occurs and that is in effect The following is added to Paragraph A.1., Who Is during the policy period, to be named as an addi- An Insured, of SECTION II — LIABILITY COV- tional 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 to the extent that person or or- ing the policy period over which you maintain ganlzation 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. II. Coverage under this provision Is afforded only un- C. EMPLOYEE HIRED AUTO III the 180th day after you acquire or form the or- ganization or the end of the policy perlod, which- 1. The following is added to Paragraph A,1., everts earlier. Who Is An Insured, of SECTION II -- LI- ABILITY COVERAGE: B. BLANKET ADDITIONAL INSURED An "employee" of yours is an "Insured" while The following is added to Paragraph c. in A.1., operating an "auto" hired or rented under a Who is An Insured, of SECTION II —LIABILITY contract or agreement 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 busi- a written contract or agreement between you and ness. that person or organization, that Is signed and CA T3 53 0212 ©2010 The Travelers Indemnity company Pagel of 4 Includes copyrighted material of Insurance Services Office,Inc,with Its permission. Pecitc Power Group LLC Y810533D19451ND14 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 Rico and We will pay up to $400 for"loss" to wearing ap- Canada. parel and other personal effects which are: You agree to maintain all required or 1 an"insured';and compulsory insurance in any such coun- 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 own 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. that "auto" 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- ductible, of SECTION III—PHYSICAL DAMAGE ranty;and COVERAGE: c. The airbags were not intentionally inflated. No deductible for a covered "auto" will apply to pay to a maximum of $1,000 for any glass damage if the glass is repaired rather than We one will p y u p replaced. 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 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);or $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- tice of the"accident"or"loss". ered"auto"of the private passenger type. r— CA T3 53 0212 ©2010 The Travelers Ind emnity Company Page 3 of 4 Includes copyrighted material of Insurance services Office,Inc.with its permission. City of Kent Business License WASH1907DR PACIFIC POWER GROUP,LLC DBA PACIFIC POWER GENERATION 600 S 53TH PL RIDGEFIELD,WA 98642 Please tear at perforation------------------------------------------------ BUSINESS LICENSE Per midtd eew Az `beat sale: et use tax must t be wdcd LICENSE MUST BE RENEWED ANNUALLY BY No, 1715 For all gaa)ified • JANUARY 31 TO AVOID PENALTY - sales within the city of KENT Issuance of License Does Not lmpty Licensee's Kent. wn s H H o,c x Compliance witb State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year : 2015 PLACE.NOT TRAAND AD PiRESS 11;O B ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLC-2060525 PACIFIC POWER GROUP,LLC MAYOIe 5808 S 196 ST The City of Kent KENT,WA 99032 A.2m4TH AVH SO UH ,WASHINGYON 98012