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PW15-393 - Original - Pacific Power Generation - Load Testing 22 Generators - 12/14/2015
FY • ;Records a t aeen KENT Document W AS HINGTON u Yz_an 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: Rr%,8-3 - 3 This is assigned by City Clerk's Office Project Name: Generator Load Testing Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/14/15 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kevin Swinford Department: PW Operations Contract Amount: Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Electronically load test 22 generators for the City's Water and Utilities divisions. As of: 08/27/14 KENT 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. 1961h 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 electronically load test 10 generators for the City's Water Division and 12 generators for the Utility Division. For a description see the Scope of Work and Vendor's bid which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twelve Thousand, Nine Hundred Seventy Two Dollars and forty six cents ($12,972.46), 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: The Vendor shall be paid after execution of agreement and completion of the generator load testing at the sites listed in Exhibit A. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, ind. WSST) A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV, INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an GOODS &SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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. 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 GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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) 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. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) 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. 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 - 5 ($20,000 or Less, including WSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: f Eie 0 G .v ti%%v CITY OF KENT: By. ,, ✓ r (signature) (signature Print Name: hr-G '�C'�+? ��� Print Name: Timothy J. LaPorte, P.E. Its: -f*ed`L�` ,56.110 Its: Public Works Director (title) _ DATE: f1 — I ISM DATE: f 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. 1961h St. 220 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 (253) 395-9077 (telephone) (253) 856-5500 (telephone) (253) 395-2408 (facsimile) (253) 856-6500 (facsimile) Pacift Power Generation-2016 Generator Load TeZng/Swlnford GOODS & SERVICES AGREEMENT - 6 ($20,000 or Less, 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. 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. a . � For: ��:1 1;a`" ✓"F7 e,/�'e2 �✓e7A Title: -5 &j c Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A PUBLIC WORKS OPERATIONS nave Brack,P.E. operations Manager 2204th Avenue South Kent,WA 98032 .� Fax:253-856.6600 ` r e�.r PHONE: 253-856-5600 AlIlc KENWA SH INGTON 2016 Generator Load Testing Protect Location Work shall be performed within and out of Kent City proper.Generator locations will vary from the west hill of Kent east to the Maple Valley/Stack Diamond area. Scope of Work I Electrically load test a combination of 22 remote fixed and portable generators to their full rated capacity for no less than 2(two)continuous hours, Contractor will enter into a Goods and Services Agreement with the City of Kent.Final invoicing will be divided between the Water and Utility Divisions. Note:Please provide 2(two)separate invoices.One(1)invoice for the Water Division,Attention:Kevin R, Swlnford,.email ksw1nfordC5`lkentwa eov,phone 253 856 5613 and one(1)invoice for the Utility Division, Attention:Rob Lovell,small RLovelftentwa.dov,phone 253 856 5841. • Service provider will enter into a Goods and Services Agreement(Contract)with the City of Kent for the above described work. To Include The Following • Provide all labor and equipment plus transportation costs for the complete load testing of each generator listed within the spread sheet provided. • Contractor shall provide a separate detailed report to the City of Kent to include unit model number and location for each unit tested,the test results and recommendations for corrections or repairs(if applicable). • Contractor shall be responsible for any necessary permitting or licenses required. Not to Include Any required repairs or parts to any unit unless agreed upon by both parties. If agreed upon between both parties the contractor will bill at theirfield labor rate plus parts or material mark up over and above contract amount. City of Kent Public Works Department Tmothy 7,LaPorte,P,E„Public Works Director i � / ] . \OQglQ QggQ\Q! ! ; , e2R«a9 PACIFIC POWER GENERATION '.. Generator Service Proposal From: RANDY LUKKASSON To: WATER DEVISION 441436 5808 S 19GTH STREET 220 FOURTH AVE SOUTH $CENT, WA 98032 KENT, WA 98032 Cell: 253 736-3042 Phone: 253 856-5641 Office: 253 395-9077 kowtnford@kentwa.gov r.I.ukkasson@pacificpowergen,conl Date: October 22, 2015 Quote#: 45148 a I i Perform 2 hour load bank test on 1.0 Gen sets $5,250.00 East Hill Well 24525 104th Ave SE 450KW Pump Station 3 25000 Lake Fenwick Rd 125KW Pump. Station 5 23825 98th Ave South 4501CW Pump station 7 3301 S 264th I5KW 3.5 'Tank 28502 124th Ave St 15KW SSP POD #3 12020 SE 28STH ST 17KW Portable East Hill Kent 350KW Portable East Hill Kent 25KW 64o Reservoir 12526 SE 248th 20KW 0utiberson Corrosion 515 Kennebeek Ave 25KW SUBTOTAL ^5,250.00 SALES TAX $451.50 TOTAL $5,701.50 I i 1 r Signature: Date: Print Name: Purchase Order#: This Iransacllon Is governed by and eublaulto the Terms and Conditions of Sele and Service(the Terms and Conddlona')of Papilla Povder Product&Company('3allar)that are In effect as of the care of Elio quote. The Tanns and Conditions am available crime at ">�Ujoo- Dower com�larms and they are Incorporated In full by this reference and made a pad of Vila kansec0on. Customer acknowledges that Customer has read the Tons and Conditions, By purchasing goods snorer services from Seller,Customer agrees to be bound by Ina Terms and Conditions that are set forth on Seller's midelle;Custom ei,paymentfar and acceptance of the products andror services described In this quote wr..mrm Car,rum 's acceptance orihn Terms and Conditions. Upon Customer's mquosl,Sellerwil provide Customer with a hard copy of the Terns and Conditions. Thu quote is valid for 20 dop unless otherwise stated L PACIFIC POWER GENERATION Generator Service Proposal Front: RANDY LUKKASSON To: UTILITY DIVISION 441436 58015 S 196TH STREET 220 FOURTH AVE SOUTH KENT, WA 98032 KENT, WA 98032 '.. Cell.: 253 736-5042 Phone: 253 856-5641 '. Office: 253 395-9077 kswinford0kentwa.gov rlukkaason®pacif icpowergen.corn Date: October 22, 2015 Quote#: 45151 1 Perform 2 hour load bank test on 12.gen Sete $5,520.00 Prager Rd 21233 Prager Rd S 125KW Horseshoe Sewer 7942 S 261at St 60KW Horseshoo Storm 1236 S Central 35KW Kentview 22271 Prager Rd 40KK Linda Heights 3406 S 248th St 50KW Lindental 26432 118th PL SE 150KW Mill Creek 2671.0 104th Ave SE B0KW Poster Park 5th Ave & 259th Ave S 40KW Union Pacific S 260th St & 74th Ave 5 601(W Portable Shop 5820 S 240th 60ICW Portable Shop 5820 S 240th 25ICW. Portable Shop 5820 S 240th 60KW SUBTOTAL $5,520.00 SALES TAXI $474.72 TOTAL[ $5,994.72 Signature: Date: Print Name: Purchase Order#: This lransactlon Is governed by and sUdact to the Terms and Conditons of Selo and Servl a fine"Terms and Condlllons')of Pacific Power '.. Products Company CSeller)that are In affect as of the date of this quote.The Tema and Conditions are available online at )dewji '.. Power.coMterms.and they are Incorporated in full by this foferonge and made a part of this lraneecllon. Customer aclinoMedges that Customer '.. has read the Tenn.and Conditions, By purchasing goods and/or services from eellar,Customer ogress to us bound by me Tema and Conditions[list are but forth on Sellers Weha[Ie;CUstoraged payment for and acceptance of t'ne products and/or services described In this quote MI confirm customer','aceeplanca of the Perms and Conditions. Jpon Customers request Seller will provide Customer with a hard copy of the Terms and Conditions, This quote Is valid for 30 days unless a[herMse slated. i i 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. Z. 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. City of Kent Business License F KENT WAfl HIXOIUN ', PACIFIC POWER GROUP,LLC DBA PACIFIC POWER GENERATION 600 S 53TRPL RIDOEFIELD,WA 98642 i . Y_`ear at perforation.___` easel BUSINESS LICENSE Per RCW 82.ett toea safes d use lax must t be ended LICENSE MUST BE RENEWED ANNUALLY BY No. 1715 for all qualified JANUARY 31 TO AVOID PENALTY solos within the city of KE O T Issuance of License Dona Not Imply Licensee's Kent, wn s H ni oro a Compliance wlth State Rad Local Laws '. TIES LICENSEMUST BE POSTED IN A CONSPICUOUS Year : 2015 PLACE,NOTAND ADDRESS LP OR ASSIGNABLE NAME AND ADDRESS OR BUSINESS BLC-2060525 PACIFIC POWER GROUP,LLC MAYOR 5308 S 196 ST The City of Kent KENT,WA 98032 A ATO 90 NRtT,WASHI WASH]NGTGN9BVi1 Client#: 142443 PACIPOWE6 ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/D17 5/14/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS '.. TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES j .OW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must he endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAMEAOT Margaret Davis Propel Insurance PHONE :503 467-7568 TAX, 866 577.1326 Portland Commercial Insurance -gLo'Ex9:-- uc,No: ADDRESS: margaret.davis@propelinsurance.com 888 SW 5th Avenue, Suite 1170 INSURER(S)_AFFORDING COVERAGE NAIC# Portland, OR 97204.2025 !INSURER A:Travelers property Casualty Co 25674 INSURED :INSURER B.Travelers Indemnity Company 25658 Pacific Power Group LLC INSURER C.Liberty Mutual Fire Ins Co - 23035 ' Southwest Products Corporation - ':.1NsuRER D 600 South 56th Place Ridgefield,WA 98642 j_INSURER E: .- ____"--- _---_-- -- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT I HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 0:= ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERHFICATE 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. IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR TYPE OF INSURANCE ADOL SIIBR POLICY EFF POLICY EXP LIMITS L1R INSR MDPOLICY NU MBER MMiDDIYYYY MM COIYYYJ A GLNEEALUABIUTY Y630533D1945 05/01/2015 05/0112016 EAQIOCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMSES EEa occurn - %100000 - ICLAIMS-MADE .00CUR MEO EXP(Any one Person)_ s5000 PERSONAL R ACV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPI_ITS PER: PRODUCTS-COMP/OP AEG $2,000,000 POLICY PRO LOC $ TO --- -- - -- -- _--- 5___.___L 1romOBiLE LIABILITY SINGLE-LIMITrY 810533D1945 5l0112015 05/011201 IE._.er,IdnntL $1,D00,000 B X ANY AUTO GA533D1945 5101/201505/01/2016 BODILY INJURY For person) $ SCHEDULED GA533D1957 0510112015051011201 BODILY INJURY(Per auomwp, S AUTOS AN"" _... NON-0WNED PROPERTY DAMAGE S X HIRF_D AII'iOS X AUTOS =(Per aecldent 51 X G.Page Llab X Garagakeepers _ Garagekeeper $Per Schedule A EXCESBL HAD X X GccuR YSMCUP533D1945 05I01l2015 OS/D 112016 EACH OCCURRENCE s20 OOO OOO CLAIMS-MADE AGGRFCATE s20 OOO OOO _ _...... .. .._.____- DED 1_ RETENTION$ $ C WORKERS COMPENSATION WC2Z91463944015 05/01/2015 05101/2016 X WCSTATU- I OTIT AND EMPLOYERS'LIABILITY ER_-- - _--- - ANY PROPRIETOR/PARTNBRIEXECUTIVE Y I.L.EACH ACCIDENT $500 000 OFFICERIMEMBER EXCLUDED? NIA - — _ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT s500,000 A Marine GL ZOL10R77240 5101/2015 DSl01/201 1,000,000/2,D00,000 A Excess Marine ZOX1DR77368 5/01/2015 05/D1/201 9,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(A(Iach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured status applies per the attached form(s) CERTIFICATE HOLDER CANCELLATION CI[ Of Kent SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Ave South ACCORDANCE WITH THE POLICY PROVISIONS, Public Works Dept Kent,WA 98032-5838 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1732941/M1712142 MMD00 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 Ceneration 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 rki.ns Pacific ,,energy Solutions Hanco Industrial Engines Pacific Detroit Diesel-A.11.ison Inactive Entities : , NMT Diesel, Inc Northtrends Pacific Detroit Diesel Allison Inc Profit Sharing TDS 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 cific Reman Center Y630533e1945 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 N. Medical Payments - Increased Limit F. Blanket Additional Insured — Lessors Of Leased 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 II — 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, or majority interest in, such organization. a. Is caused by an "occurrence"that takes place 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: CG D4 58 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 7 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Y630533D1945 COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven- JURY AND PROPERTY DAMAGE LIABIL- dor will be the limits which you agreed to pro- ITY: vide in the written contract or agreement, or Exclusions c. through n. do not apply to dam- the limits shown in the Declarations of this age to premises while rented to you, or tem- Coverage Part, whichever are less. porarily occupied by you with permission of b. The insurance provided to such vendor does the owner, caused by: not apply to: a. Fire; (1) "Bodily injury" or "property damage" for b. Explosion, which the vendor is obligated to pay c. Lightning; damages by reason of the assumption of liability in a contract or agreement. This d. Smoke resulting from such fire, explosion, exclusion does not apply to liability for or lightning; or damages that the vendor would have in e, Water. the absence of the contract or agreement; A separate limit of insurance applies to such (2) Any express warranty unauthorized by damage to premises as described in Para- you; graph 6. of Section III— Limits Of Insurance. (3) Any physical or chemical change in "your This insurance does not apply to damage to products" made intentionally by such premises while rented to you, or temporarily vendor: occupied by you with permission of the (4) Repackaging, unless unpacked solely for owner, caused by: the purpose of inspection, demonstration, a. Rupture, bursting, or operation of pres- testing, or the substitution of parts under sure relief devices; instructions from the manufacturer, and then repackaged in the original container; b. Rupture or bursting due to expansion or swelling of the contents of any building or (5) Any failure to make such inspections, ad- structure, caused by or resulting from wa- justments. tests or servicing as vendors ter; agree to perform or normally undertake to p C. Explosion of steam boilers, steam pipes, perform in the regular course of business, in connection with the distribution or sale steam engines, or steam turbines. of"your products"; 2. The following replaces Paragraph 6. of SEC- (6) Demonstration, installation, servicing or TION III— LIMITS OF INSURANCE: repair operations, except such operations Subject to 5. above, the Damage To Prem- performed at such vendor's premises- in ises Rented To You Limit is the most we will connection with the sale of "your prod- pay under Coverage A for damages because ucts"; or of "property damage" to any one premises (7) "Your products"which, after distribution or while rented to you, or temporarily occupied sale by you, have been labeled or rela- by you with permission of the owner, caused beled or used as a container, part or in- by fire; explosion; lightning smoke resulting gredient of any other thing or substance from such fire, explosion, or lightning; or wa- by or for such vendor. ter. The Damage To Premises Rented To Coverage under this provision does not apply to: You Limit will apply to all damage proximately caused by the same "occurrence", whether a. Any person or organization from whom you such damage results from fire; explosion; have acquired "your products", or any ingre- lightning: smoke resulting from such fire, ex- dient, part or container entering into, accom- plosion, or lightning, water; or any combina- panying or containing such products; or tion of any of these. b. Any vendor for which coverage as an addi- tional insured specifically is scheduled by en- The Damage To Premises Rented To You dorsement. Limit will be the higher of: C. DAMAGE TO PREMISES RENTED TO YOU a. $300,000. or 1. The following replaces the last paragraph of b. The amount shown on the Declarations of Paragraph 2., Exclusions, of SECTION I — this Coverage Part for Damage To Prem- COVERAGES — COVERAGE A BODILY IN- ises Rented To You Limit. Page 2 of 7 2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Insurance Services Office,Inc-with its permission. i Y630533Di945 COMMERCIAL GENERAL LIABILITY 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, of 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 (5) Water. shown on the Declarations of this Coverage 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 D. BLANKET WAIVER OF SUBROGATION that premises; or (2) Structural alterations, new construction or The following is added to Paragraph B., 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 person or organization that is a premises only with respect to liability for "bodily injury", ing injury"that: '.property damage", "personal injury" or "advertis- owner, manager or lessor and that you have 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. Y630533D1945 COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree- 3. The following is added to Paragraph 2.a.(1) of ment; and SECTION II —WHO IS AN INSURED: b. Is caused, in whole or in part, by your acts or Unless you are in the business or occupation omissions in the maintenance, operation or of providing professional health care services, use by you of equipment leased to you by Paragraphs (1)(a), (b), (c) and (d) above do such equipment lessor. not apply to any "bodily injury" arising out of any providing or failing to provide "incidental The insurance provided to such equipment lessor medical services" by any of your"employees", is subject to the following provisions: other than an employed doctor. Any such a. The limits of insurance provided to such "employees" providing or failing to provide equipment lessor will be the limits which you 'incidental medical services" during their work agreed to provide in the written contract or hours for you will be deemed to be acting agreement, or the limits shown on the Decla- within the scope of their employment by you rations of this Coverage Part, whichever are or performing duties related to the conduct of less. your business. b. The insurance provided to such equipment 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- lessor does not apply to any "bodily injury" or ERAGES — COVERAGE A BODILY INJURY "property damage" caused by an "occurrence" AND PROPERTY DAMAGE LIABILITY: that takes place, or "personal injury" or "ad- vertising injury" caused by an offense that is Sale Of Pharmaceuticals committed, after the equipment lease expires. "Bodily injury" or "property damage" arising c. The insurance provided to such equipment out of the willful violation of a penal statute or lessor is excess over any valid and collectible ordinance relating to the sale of pharmaceuti- other insurance available to such equipment cals committed by, or with the knowledge or lessor, unless you have agreed in a written consent of, the insured. contract for this insurance to apply on a pri- 5. The following is added to Paragraph 5. of mary or contributory basis. SECTION [it— LIMITS OF INSURANCE: G. INCIDENTAL MEDICAL MALPRACTICE For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or 1. The following is added to the definition of "oc- omissions committed in the providing or fail- currence" in the DEFINITIONS Section: ing to provide "incidental medical services" to Unless you are in the business or occupation any one person will be considered one "oc- of providing professional health care services, currence". ..occurrence" also means an act or omission 6. The following is added to Paragraph 4.b., Ex- committed in providing or failing to provide cess Insurance, of SECTION IV — COM- "incidental medical services"to a person. MERCIAL GENERAL LIABILITY CONDI- 2. The following is added to the DEFINITIONS TIONS: Section: This insurance is excess over any valid and "Incidental medical services" means: collectible other insurance, whether primary, excess, contingent or on any other basis, that a. Medical, surgical, dental, laboratory, x-ray Is available to any of your "employees" for or nursing service or treatment, advice or "bodily injury' that arises out of providing or instruction, or the related furnishing of failing to provide "incidental medical services" food or beverages; to any person to the extent not subject to b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED. appliances, H. PERSONAL INJURY — ASSUMED BY CON- c. First aid, or TRACT d. "Good Samaritan services". 1. The following replaces Exclusion e., Contrac- tual Liability, in Paragraph 2. of SECTION I "Good Samaritan services" means any emer- — COVERAGES — COVERAGE B PER- gency medical services for which no compen- SONAL AND ADVERTISING INJURY LI- sation is demanded or received. ABILITY: Page 4 of 7 J 2013 The Travelers Indemnity Company.All rights reserved- CG D4 58 07 13 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Y630533ID1945 COMMERCIAL GENERAL LIABILITY e. Contractual Liability the insured and the interests of (he 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 they, 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 g 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- d. 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 07 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 5 of 7 , Includes copyrighted material of Insurance Services Office, Inc.with its permission. Y630533D1945 COMMERCIAL GENERAL LIABILITY (2) A watercraft you do not own that is: e. The following provisions apply to Paragraph (a) Fifty feet long or less; and a. above, but only for the purposes of the in- surance provided under this Coverage Part to (b) Not being used to carry any person or you or any insured listed in Paragraph 1. or 2. property for a charge. of Section II—Who Is An Insured: 2. The following is added to Paragraph 2. of (1) Notice to us of such "occurrence" or of- SECTION II—WHO IS AN INSURED: fense must be given as soon as practica- Any person or organization that, with your ex- ble only after the "occurrence" or offense press or implied consent, either uses or is re- is known to you (if you are an individual), sponsible for the use of a watercraft that you any of your partners or members who is do not own that Is: an individual (if you are a partnership or (1) Fifty feet long or less; and joint venture), any of your managers who (2) Not being used to carry any person or is an individual (if you are a limited liability property for a charge. company), any of your trustees who Is an indM. INCREASED SUPPLEMENTARY PAYMENTS .executive (o you area trust), any of your "executive officers" or directors (if you are 1. The following replaces Paragraph 1.b. of an organization other than a partnership, SUPPLEMENTARY PAYMENTS — COVER- joint venture, limited liability company or AGES A AND B of SECTION I — COVER- trust) or any "employee" authorized by AGES: you to give notice of an "occurrence" or b. Up to $2,500 for cost of bail bonds re- offense. quired because of accidents or traffic law (2) If you are a partnership,joint venture, lim- violations arising out of the use of any ited liability company or trust, and none of vehicle to which the Bodily Injury Liability your partners, joint venture members, Coverage applies. We do not have to fur- managers or trustees are individuals, no- nish these bonds. tice to us of such "occurrence" or offense 2. The following replaces Paragraph 1.d. of must be given as soon as practicable only SUPPLEMENTARY PAYMENTS — COVER- after the "occurrence" or offense is known AGES A AND B of SECTION I — COVER- by. AGES: (a) Any individual who is: d: All reasonable expenses incurred by the (i) A partner or member of any part- insured at our request to assist us in the investigation or defense of the claim or nership or joint venture; "suit", including actual loss of earnings up (ii) A manager of any limited liability to $500 a day because of time off from company; work. (III) Atrustee of any trust; or N. MEDICAL PAYMENTS— INCREASED LIMIT (iv) An executive officer or director of The following replaces Paragraph 7. of SECTION any other organization; III—LIMITS OF INSURANCE: that is your partner, joint venture 7. Subject to 5. above, the Medical Expense member, manager or trustee; or Limit is the most we will pay under Coverage C. for all medical expenses because of"bod- (b) Any "employee" authorized by such ily injury" sustained by any one person, and partnership, joint venture, limited li- will be the higher of: ability company; trust or other organi- zation to give notice of an "occur- (a) ence" or offense. (b) The amount shown on the Declarations of (3) Notice to us of such "occurrence" or of- this Coverage Part for Medical Expense fense will be deemed to be given as soon Limit. as practicable if it is given in good faith as O. KNOWLEDGE AND NOTICE OF OCCUR- soon as practicable to your workers' RENCE OR OFFENSE compensation insurer. This applies only if The following is added to Paragraph 2., Duties In you subsequently give notice to us of the The Event of Occurrence, Offense, Claim or "occurrence" or offense as soon as prac- Suit, of SECTION IV — COMMERCIAL GEN- ticable after any of the persons described ERAL LIABILITY CONDITIONS: in Paragraphs e.(1) or (2) above discov- Page 6 of 7 ©2013 The Travelers Indemnity Company.All rights reserved. CG D4 58 07 13 Includes copyrighted material of Irsurance Services Office, Inr,.with Is permission. Y630533D1945 COMMERCIAL GENERAL LIABILITY 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 "properly 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 following 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 unintentional omission of, or unintentional er- the use of reasonable force to protect any ror in, any information provided by you which we person or property. relied upon in issuing this policy will not prejudice CIS D4 58 07 13 ©2013 The Travelers Indomnity Company.All rights reserved. Page 7 of 7 Includes copyrighted material of Insurance Services Once, Inc.with its permission. This page has been left blank intentionally. Pacific Power Group LLC Y630533D1945 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: eralions 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 ance" 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- avallable 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 ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, rence" or an offense which may result in a p ry, inspection, architectural or claim. To the extent possible, such notice engineering activities, should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 Pacific Power Group LLC YrW533D1945 COMMERCIAL GENERAL LIABILITY i. 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 li. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit' is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: S. The following definition is added to SECTION V. L Immediately record the specifics of the — DEFINITIONS: claim or"suit" and the date received; and "Written contract requiring insurance" means if. Notify us as soon as practicable. that part of any written contract or agreement under which you are required to include a The additional Insured must see to it that we receive written notice of the claim or "suit`as Person or organization as an additional sured on :his Coverage Part, provided that soon as practicable. 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 addi5onal insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit' to c. Before the end of the policy period. Page 2 of 2 ©205 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 i COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: Banal insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. I Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or 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) or members of their house- rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's' name, America, the territories and possessions with your permission, while perform- of the United States of America. Puerto ing duties related to the conduct of Rico and Canada: 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 tle 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 (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (III) We may, at our discretion, participate ing a covered "auto" you don't own, hire 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 (iv) We will reimburse the "insured" for sums that the "Insured" legally must 1. The following replaces Paragraph A.2.a.(2), of SECTION II— LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) 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 ll— LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II — LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included within the limit described in Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE— INDEMNITY BASIS SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph 8.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. barge, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ©7010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance services Office,Inc. with its pemisslon. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., 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 Canada. We will pay up to $400 for "lass" to wearing ap- You agree to maintain all requited or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied 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 of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE —GLASS a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; i The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III — PHYSICAL DAMAGE ranty; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one "loss" H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE — INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.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 COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curried by you because of the total theft of a cov- tice of the "accident" or"loss". ered "auto" of the private passenger type. CA T3 53 03 10 U 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services office, Inc.with Its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the. The following replaces Paragraph A.S., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV— BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or "loss", provided that the "accident' or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 02010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insvrance services Office, Inc. with its permission. City of Kent Business License KEINT W n9 XINOTOX PACIFIC POWER GROUP,LLC I' DBA PACIFIC POWER GENERATION 6005 53TH PL RIDGEFIELD,WA 98642 Please tear at perforation. BUSINESS LICENSE 92.14 and use tax must be coded LICENSE MUST BE RENEWED ANNUALLY BY No. 1715 For all qualified '.. O JANUARY 31 TO AVOID PENALTY sales within the city of ^}� i Issuance of Liceuse Does Not Imply Licensee's Kom- we s X I N c+o X Complixnee with State and Locsl Laws THIS LICENSEMUST BE POSTED IN A CONSPICUOUS Year : 2015. PLACE.NOT TRANSFERABLE OR ASSIGNABLE 1 ^'L �✓ ',.,,. NAME AND ADDRESS OF BUSYNESS ' BLC-2060525 CIFIC POWER GROUP,LLC MAYOR 9 S 196 ST The City of Kent KENT, WA 99032 - AtwAs"JI AVE So WASNING KF.I.T, iUN 9Bp11