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HomeMy WebLinkAboutCAG2022-293 - Original - Pacific Power Group, LLC - Generator Load Testing - 07/13/2022Nancy Yoshitake for Dustin Phelan Public Works 07/11/2022 07/18/2022 N/A 41005550 & 4400556.64110.7410 N/A Pacific Power Group, LLC Contract Other Generator Load Testing Load test generators for Water and Utility groups. $23,563.60 Other 7/12/22 Original____ CAG2022-293 7/14/22 GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Pacific Power Group, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Power Group, LLC organized under the laws of the State of Washington, located and doing business at 1221 29th Street NW, Auburn, WA 98001, Phone: (253) 395- 9077, Contact: Mike Bourn (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall electrically load test remote fixed and portable generators to their full rated capacity for the Water and Utility Divisions. For a description, see Exhibit A which is attached and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by December 31, 2022. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty Three Thousand, Five Hundred Sixty Three Dollars and Sixty Cents ($23,563.60), 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: Vendor shall be paid after execution of agreement and submittal of invoices. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV.INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII.FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII.CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) 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 City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) should have known of the defect, or (2) upon the 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. XI.DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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 XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: By; f s Print Name: Michael D. Bourn Its Sr. Business Development Mar. DATE: July 6, 2022 NOTICES TO BE SENT TO: VENDOR: Mike Bourn Pacific Power Group, LLC 1221 29th Street NW Auburn, WA 98001 (253) 395-9077 (telephone) (253) 395-2408 (facsimile) Pacific Power Group - Generator Load Testing 2022/Phelan CITY OF KENT: BO'N y Print Name: Dana Ralph Its DATE: 07/ 13/2022 NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Nk%rjL-- Kent Law Department ATTEST: et4� �� Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including AISST) 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. For: Pacific Power Group, LLC �- �- •1u-2u. Date: July 6, 2022 EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EXHIBIT A 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 their field labor rate plus parts or material mark up over and above contract amount. P: Operation s\Forms\Admin\PWOpsMemoForm PACIFIC POWER GROUP Generator Service Proposal To: JAME S NAK I CITY OF KENT #41436 SEWER & STORM STATIONS 220 FOURTH AVENUE SOUTH KENT, WA 98092 Phone: 253 856 5632 jnaki@kentwa.gov Date: July 5, 2022 From: MIKE BOURN PACIFIC POWER GROUP, LLC 1221 29TH STREET NW AUBURN, WA 98001 Cell: 360-635-8850 Office: 253-395-9077 mbourn@pacificpowergroup.com Quote #: 71662 Please reference Quote # on POs and all correspondence. 1 2 HOUR LOAD BANK TEST, HORSESHOE STORM $733.00 MFR: CUMMINS/ONAN MODEL: 35DGBB Kw: 35 SIN: J040707791 1 2 HOUR LOAD BANK TEST, KENTVIEW $746.00 MFR: CUMMINS/ONAN MODEL: 40DGBC KW: 40 SIN: B000068847 1 2 HOUR LOAD BANK TEST, FOSTER PARK $710.00 MFR: CAT MODEL: D40-6 KW: 40 SIN: CATOOC44CGCDO1185 1 2 HOUR LOAD BANK TEST, HORSESHOE SEWER $733.00 MFR: CAT MODEL: XQ60 KW: 60 SIN: CATOOL44LGLE00741 Signature: Print Name: Contact for Service: Purchase Order #: Phone: quoted price does not include tax. Date: This transaction is governed by and subject to the Terms and Conditions of Sale and Service (the "Terms and Conditions") of Pacific Power Group ("Seller') that are in effect as of the date of this quote. The Terms and Conditions are available online at www.pacificpowem_roup.comlterms, and they are incorporated in full by this reference and made a part of this transaction. Customer acknowledges that Customer has read the Terms and Conditions. By purchasing goods and/or services from Seller, Customer agrees to be bound by the Terms and Conditions that are set forth on Sellers website; Customer's payment for and acceptance of the products and/or services described in this quote will confirm Customers acceptance of the Terms and Conditions. Upon Customer's request, Seller will provide Customer with a hard copy of the Terms and Conditions. This quote is valid for 30 days unless otherwise stated. Unless otherwise noted, services are quoted to be performed during normal business hours. CITY OF KENT #41436 Quote # 71662 1 1 1 1 1 2 HOUR LOAD BANK TEST, UNION PACIFIC MFR: CAT MODEL: XQ60-6 KW: 60 SIN: CATOOC44PGLE00701 WORK NOT TO BE PERFORM ON THIS UNIT IN 2022 AS UNIT IS DOWN FOR REPAIRS PER DUSTIN PHELAN OF CITY OF KENT- 2 HOUR LOAD BANK TEST, PORTABLE #8151 MFR: CAT MODEL: XQ60-6 KW: 60 SIN: CATOOC44JGLE00720 2 HOUR LOAD BANK TEST, PORTABLE #8154 MFR: CAT MODEL: XQ60-6 KW: 60 SIN: CATOOC44CGLE00735 2 HOUR LOAD BANK TEST, MILL CREEK MFR: CUMMINS/ONAN MODEL: 80DSFAE KW: 80 SIN: F070067541 2 HOUR LOAD BANK TEST, FRAGER ROAD MFR: CUMMINS/ONAN MODEL: 125DSHAE KW: 125 SIN: A070016310 2 HOUR LOAD BANK TEST, LINDENTAL MFR: CUMMINS/ONAN MODEL: 150DGFA KW: 150 SIN: J000164491 1 2 HOUR LOAD BANK TEST, JAMES STREET MFR: CUMMINS/ONAN MODEL: 250DQDAA KW: 250 SIN: F160967477 1 2 HOUR LOAD BANK TEST, GRNRA SOUTH MFR: CUMMINS/ONAN MODEL: 300DQDAC KW: 300 /N: F200778004 $656.00 $656.00 $736.00 $802.00 $815.00 $871.00 $905.00 not CITY OF KENT #41436 Quote # 71662 tity Descripti 1 2 HOUR LOAD BANK TEST, LINDA HEIGHTS $713.00 MFR: PAVID MODEL: H45DWH3R KW: 50 SIN: 1025 1 2 HOUR LOAD BANK TEST, PORTABLE #5799 $656.00 MFR: MULTIQUIP MODEL: DCA-25USI KW: 25 SIN: 8102703 FOR ABOVE LISTED UNITS, QUOTE TO PERFORM TWO HOUR RESISTIVE LOAD BANK PER UNIT. ALL WORK TO BE PERFORMED DURING DAYSHIFT HOURS. QUOTED PRICING INCLUDES COST OF ELECTRICAL PERMITS REQUIRED BY L&I FOR LOAD BANK CONNECTION, AND ALL WORK TO BE PERFORMED BY PACIFIC POWER GROUP LICENSED 07 ELECTRICIANS AS REQUIRED BY WASHINGTON STATE LAW. QUOTED PRICES DO NOT INCLUDE TAXES OR PREVAILING WAGE LABOR RATES. IF PREVAILING WAGE LABOR RATES APPLY TO THIS WORK, PPG WILL REQUOTE PRICING. 1 JESTIMATED TAX @ 10.1% 1 $982.931 SUBTOTAL $10,714.93 SALES TAX $0.00 TOTAL $10,714.93 PACIFIC POWER GROUP Pacific Power Group Clarifications To Our Proposal Unless stated otherwise in our proposal, the following clarifications apply: General: • Pricing assumes all work is performed during dayshift hours. Additional charges may apply for afterhours work. • It is the client's responsibility to understand State and Federal Prevailing Wage requirements and to communicate those requirements to Pacific Po Pricing does not include Prevailing Wage labor unless specifically noted. If Prevailing Wage requirements become known after the completion ofw additional labor charges will apply. • It is the client's responsibility to understand applicable compliance requirements related to services to their generstor(s), including but not limited to and to communicate those requirements to Pacific Power Group. Only the Authority Having Jurisdiction can specify or define what services are requ compliance. • Pricing assumes the award of all quoted work. Pacific Power Group reserves the right to requote pricing if award is for a lesser volume of work • Pricing assumes reasonable access to power generation equipment, and parking for our service vehicles adjacent to work site. Additional charges m for difficult access (roof top installations, ladders required to access equipment, distant parking from work site, etc.). ■ Pricing does not include costs for parking permits. Parking permits, if required, may be billed additional. • Pacific Power Group reserves the right to requote work if our cost of materials or labor increases after 30 days of the date quoted. All work performed will be governed by Pacific Power Group Standard Terms and Conditions. If a client -provided contract is required, additional charg apply for contract review. • Any additional needed work discovered during the course of performing quoted work will be noted and quoted to be performed at additional cost Any site -specific training or certifications required to perform work may be billed additional. Any additional charges or fees related to invoicing or filing through a third party, including filing fees, registration fees, permit costs, etc., may be billed additional, and may include related administrative charges. • Any applicable taxes will be billed additional and are not included in quoted price. Service reports will be provided on Pacific Power Group standardized reports. Any client -required specialized or custom reports may be billed additional. Pacific Power Group does not mandate vaccinations for our employees- Site or client specific vaccination requirements for vendor personnel may cause in scheduling and performing of services. Pacific Power Group is not responsible for delays in services due to site or client vaccination requirements Load Bank Testing: • Pricing for load bank testing in Washington state includes the cost of electrical permits as required by Washington State Department of Labor and Indusirleb , connection of load banks. • Load bank connections in Washington state will be performed by Pacific Power Group licensed electricians as required by Washington state law. • Pricing for load bank testing assumes access for our load bank within 50' of connection point, with free air flow and free of overhead fire sprinkler heads or other heat sensitive equipment Additional charges may apply for longer cable runs. • Pricing for load bank testing assumes a direct line of sight exists between generator controller and load bank controller. Additional charges may apply for a second technician if a direct line of sight does not exist. • Load bank testing is performed at time of annual PM services or other services and does not include travel for a dedicated trip. • Load bank testing will be performed using resistive load banks. Reactive load bank testing can be performed at additional cost upon request Limitations on Scope of Work: Alarms and shutdowns will be tested/ inspected to the extent possible without removal of sensors- Testing of some alarms and shutdowns is not possible on some newer electronic engines. • Level switches, transfer pumps and controls will be tested/ inspected to the extent possible without removing level switches or manipulating fluid levels • Coolant flushes (if included) are limited to one water flush only. If additional flushing and/or chemical flush is required due to conditions of cooling system, additional charges may apply. Fluid sampling and lab analysis of fluids (lube oil, coolant, and fuel) can be provided upon request but is not included unless specifically noted. Fluids for top off will be billed additional. Transfer Switches/ Electrical Gear: • Any electrical cabinets that require arc flash protection greater than 40 Cal will not be opened by Pacific Power Group technicians while energized. De - energizing of transfer switches and electrical gear is by others. • Performing load transfer tests will disrupt power to the load and requires owner authorization. If load transfer tests must be performed after hours additional overtime labor charges may apply. Travel and Standby Time: • Standby time beyond our control in excess of 15 minutes may be invoiced additional at our current labor rates. Travel expenses related to standby time may be billed additional. Pacific Power Group cannot be responsible for delays in our response time beyond our control, including but not limited to traffic delays, weather events, and acts of God. Pricing includes one way travel and assumes work can be scheduled at Pacific Power Group's discretion to be combined with other work in the area for shared travel costs. Additional travel charges may apply if a dedicated trip is required to perform work. 0 On -Highway G Power- Generation 0 Manine 0 Industrial Engines PACIFIC POWER GROUP Generator Service Proposal To: DUSTIN PHELAN CITY OF KENT #41436 WATER DEPARTMENT 220 FOURTH AVENUE SOUTH KENT, WA 98092 Phone: 253 740 7105 dphelan@kentwa.gov Date: June 17, 2022 From: MIKE BOURN PACIFIC POWER GROUP, LLC 1221 29TH STREET NW AUBURN, WA 98001 Cell: 360-635-8850 Office: 253-395-9077 mbourn@pacificpowergroup.com Quote #: 71663 Please reference Quote # on Pos and all correspondence. 1 2 HOUR LOAD BANK TEST, 3.5 TANK $721.00 MFR: CUMMINS/ONAN MODEL: 15DSKAB KW: 15 SIN: H120380838 1 2 HOUR LOAD BANK TEST, PUMP STN #7 $718.00 MFR: CUMMINS/ONAN MODEL: 15DSKAB KW: 15 SIN: H120380839 1 2 HOUR LOAD BANK TEST, SSP POD #3 $721.00 MFR: CAT MODEL: D17-25 KW: 17 SIN: CATOOC22CNCB00538 1 2 HOUR LOAD BANK TEST, 640 RESERVOIR $724.00 MFR: CAT MODEL: D20-6S KW: 20 SIN: CATOOOOOPGBE00835 Signature: Print Name: 'Unless Itemized above, quoted price does not Include tall. Purchase Order M Contact for Service: Phone: Date: This transaction is governed by and subject to the Terms and Conditions of Sale and Service (the "Terms and Conditions") of Pacific Power Group ("Seller') that are in effect as of the date of this quote. The Terms and Conditions are available online at www.pacificpowergroup.com/terms, and they are incorporated in full by this reference and made a part of this transaction. Customer acknowledges that Customer has read the Terms and Conditions. By purchasing goods and/or services from Seller, Customer agrees to be bound by the Terms and Conditions that are set forth on Sellers website; Customer's payment for and acceptance of the products and/or services described in this quote will confirm Customers acceptance of the Terms and Conditions. Upon Customer's request, Seller will provide Customer with a hard copy of the Terms and Conditions. This quote is valid for 30 days unless otherwise stated. Unless otherwise noted, services are quoted to be performed during normal business hours. CITY OF KENT #41436 Quote # 71663 1 2 HOUR LOAD BANK TEST, PUMP STATION 5 MQ $655.00 MFR: MULTIQUIP MODEL: DCA-25 KW: 25 S/N: 4GNFU101X7B020466 1 2 HOUR LOAD BANK TEST, GUIBERSON CORROSION $739.00 MFR: CAT MODEL: D30-8S KW: 30 S/N: CATOOOOOCGBE01150 1 2 HOUR LOAD BANK TEST, PUMP STN #3 $799.00 MFR: CUMMINS/ONAN MODEL: 125DGEA KW: 125 S/N: J960620921 1 2 HOUR LOAD BANK TEST, ARMSTRONG SPRINGS $821.00 MFR: CUMMINS/ONAN MODEL: 150DSGAC KW: 150 S/N: D160945145 1 2 HOUR LOAD BANK TEST, PUMP STN 4 PORTABLE $891.00 MFR: CUMMINS/ONAN MODEL: 350DGBB KW: 350 S/N: F990925934 1 2 HOUR LOAD BANK TEST, PUMP STN #5 $1,165.00 MFR: CUMMINS/ONAN MODEL: 450DFEJ KW: 450 S/N: D040628102 1 2 HOUR LOAD BANK TEST, EAST HILL WELL $1,165.00 MFR: CUMMINS/ONAN MODEL: 450DFEJ KW: 450 S/N: G130537267 1 2 HOUR LOAD BANK TEST, GUIBERSON RESERVOIR $721.00 MFR: CUMMINS/ONAN MODEL: 15DG02 KW: 15 S/N: K180444430 1 2 HOUR LOAD BANK TEST, KENT SPRINGS PLATEAU $915.00 MFR: CUMMINS/ONAN K4nnVT . lnnncr_Ar CITY OF KENT #41436 Quote # 71663 KW: 300 S/N: D160945145 1 2 HOUR LOAD BANK TEST, PUMP STATION 1 MFR: CUMMINS/ONAN MODEL: 300DQDAC KW: 300 S/N: H190628513 FOR ABOVE LISTED UNITS, QUOTE TO PERFORM TWO HOUR RESISTIVE LOAD BANK PER UNIT. ALL WORK TO BE PERFORMED DURING DAYSHIFT HOURS. QUOTED PRICING INCLUDES COST OF ELECTRICAL PERMITS REQUIRED BY L&I FOR LOAD BANK CONNECTION, AND ALL WORK TO BE PERFORMED BY PACIFIC POWER GROUP LICENSED 07 ELECTRICIANS AS REQUIRED BY WASHINGTON STATE LAW. QUOTED PRICES DO NOT INCLUDE TAXES OR PREVAILING WAGE LABOR RATES. IF PREVAILING WAGE LABOR RATES APPLY TO THIS WORK, PPG WILL REQUOTE PRICING. 1 ESTIMATED TAX @ 10.1% SUBTOTAL SALES TAX TOTAL $915.001 $1,178.67 $12,848.67 $0.00 $12,848.67 PACIFIC POWER GROUP Pacific Power Group Clarifications To Our Proposal Unless stated otherwise in our proposal, the following clarifications apply: General: • Pricing assumes all work is performed during dayshift hours. Additional charges may apply for afterhours work. • It is the client's responsibility to understand State and Federal Prevailing Wage requirements and to communicate ftwse requirements to Pacific P Pricing does not include Prevailing Wage labor unless specifically noted. If Prevailing Wage requirements become known after the completion or w additional labor charges will apply. • It is the client's responsibility to understand applicable compliance requirements related to services to !heir ganeratw(s), including but not limited to and to communicate those requirements to Pacific Power Group Only She Authority Having Jurisdiclion can specify or define whet services are requ compliance. Pricing assumes the award of all quoted work. Pacific Power Group reserves the right to requote pricing if award is for a lesser volume of work. Pricing assumes reasonable access to power generation equipment, and parking for our service vehicles adjacent to work site. Additional charges m for difficult access (rooftop installations, ladders required to access equipment, distant parking from work site, etc). • Pricing does not include costs for parking permits. Parking permits, if required, may be billed additional. Pacific Power Group reserves the right to requote work if our cost of materials or labor increases after 30 days of the date quoted. All work performed will be governed by Pacific Power Group Standard Terms and Conditions. If a client -provided contract is required, additional charg apply for contract review. Any additional needed work discovered during the course of performing quoted work will be noted and quoted to be performed at additional cost. Any site -specific training or certifications required to perform work may be billed additional. • Any additional charges or fees related to invoicing or filing through a third party, including filing fees, registration fees, permit costs, eta, may be billed additional, and may include related administrative charges. Any applicable taxes will be billed additional and are not included in quoted price. • Service reports will be provided on Pacific Power Group standardized reports. Any client -required specialized or custom reports may be billed additional. • Pacific Power Group does not mandate vaccinations for our employees. Site or client specific vaccination requirements for vendor personnel may cause in scheduling and performing of services- Pacific Power Group is not responsible for delays in services due to site or client vaccination requirements - Load Bank Testing: Pricing for load bank testing in Washington state includes the cost of electrical permits as required by Washington State Department of Labor and Industrie connection of load banks. • Load bank connections in Washington state will be performed by Pacific Power Group licensed electricians as required by Washington state law - Pricing for load bank testing assumes access for our load bank within 50' of connection point, with free air flow and free of overhead fire sprinkler heads or other heat sensitive equipment. Additional charges may apply for longer cable runs. • Pricing for load bank testing assumes a direct line of sight exists between generator controller and load bank controller. Additional charges may apply for a second technician if a direct line of sight does not exist • Load bank testing is performed at time of annual PM services or other services and does not include travel for a dedicated trip. Load bank testing will be performed using resistive load banks- Reactive load bank testing can be performed at additional cost upon request. Limitations on Scope of Work: • Alarms and shutdowns will be tested/ inspected to the extent possible without removal of sensors- Testing of some alarms and shutdowns is not possible on some newer electronic engines. • Level switches, transfer pumps and controls will be tested/ inspected to the extent possible without removing level switches or manipulating fluid levels. • Coolant Flushes (if included) are limited to one water flush only. If additional flushing and/or chemical flush is required due to conditions of cooling system, additional charges may apply. • Fluid sampling and lab analysis of fluids (lube oil, coolant, and fuel) can be provided upon request but is not included unless specifically noted. • Fluids for top off will be billed additional. Transfer Switches/ Electrical Gear: Any electrical cabinets that require arc flash protection greater than 40 Cal will not be opened by Pacific Power Group technicians while energized. De - energizing of transfer switches and electrical gear is by others. Performing load transfer tests will disrupt power to the load and requires owner authorization. If load transfer tests must be performed after hours additional overtime labor charges may apply. Travel and Standby Time: • Standby time beyond our control in excess of 15 minutes may be invoiced additional at our current labor rates. Travel expenses related to standby time may be billed additional. Pacific Power Group cannot be responsible for delays in our response time beyond our control, including but not limited to traffic delays, weather events, and acts of God. Pricing includes one way travel and assumes work can be scheduled at Pacific Power Group's discretion to be combined with other work in the area for shared travel costs. Additional travel charges may apply if a dedicated trip is required to perform work. ('3 On-Hig)iway C) Powei Genaration 0 Mai ilie Q Indushial Fn9ines PAEIFIE POWER GROUP TWO HOUR LOAD TEST SCOPE OF WORK • Check lube oil level prior to testing • Check air filter prior to testing • Check coolant level prior to testing • Check fuel system and day tank prior to testing • Check fuel quality (visual analysis) • Check charging and starting system • Check exhaust system • Check for fluid leaks • Check for control faults • Check AC voltage and frequency • Check instruments and lamps • Commence testing as required • Record data at 15 minute intervals • Top off all fluids after engine run • Reset switches to auto and reset breaker • Submit load test / inspection report and advise on any abnormalities or repairs needed • Pacific Power Group, LLC will purchase and provide electrical permit for connection of load bank as requi by WAC 296-46B-901 (Washington state only) • Load bank connections will be performed by Pacific Power Group, LLC licensed electrician as required by RCW 19.28 19.28.041 and RCW 19.28.061 (Washington state only) • Load bank and cabling will be UL listed and labeled or third party listed and labeled as required by WAC 296- 46E-010 (Washington state only) Please note: Any fluids required for top off will be billed additional- 0 On Highway E) Power Generation 0 Marina ® Industrial Engines EXHIBIT B INSURANCE REQUIREMENTS FORSERVICE 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 A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. / " CERTIFICATE OF LIABILITY INSURANCE (MM/DDIYYYY) ­DATEA� 7/7/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Cleeton Durham and Bates Insurance PHONE FAX 1211 SW 5th Ave.IA/C. A/c No Ext : 503-241-9210 A/C No): 503-542-0621 ADDRESS: 'jessicac@dbates.com Ste 2800 INSURER(S) AFFORDING COVERAGE NAIC # Portland OR 97204 INSURERA: Federal Insurance Co. 20281 INSURED INSURER B : Great Northern Ins CO 20303 Yaculta Companies Inc.; Pacific Power Group, LLC; Southwest Products Corporation INSURER C : INSURER D : 805 Broadway St. Suite 700 INSURER E : Vancouver WA 98660 INSURER F : COVERAGES CERTIFICATE NUMBER: 1406992780 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM DDPOLICYYYYY Y EXP MM DDYYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y 36048941 5/1/2022 5/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR TED 'REM SESOAGE TEa occurrence) lccurrrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑X PRO ❑ LOC JECT ]OTHER, PRODUCTS - COMP/OP AGG $ 2,000,000 Stop Gap Liability $ 1,000,000 A A AUTOMOBILE LIABILITY X ANY AUTO Y 73597757 73597759-HI 5/1/2022 5/1/2022 5/1/2023 5/1/2023 COMBINED S INGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR 78185143 5/1/2022 5/1/2023 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 71756056 5/1/2022 5/1/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) For Additional Insured as respects General Liability on a Primary and Non -Contributory basis see Form 80-02-2367 attached; for Separation of Insureds see form 80-02-2000 attached. For Additional Insured as respects Auto liability see Form 16-02-0292 attached; Primary coverage per form CA 00 01 10 13 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South AUTHQRIZED REPRESENTATIVE Kent WA 98032 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACC ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Main Office Pacific Power Products Holdings Inc.; Pacific Power Group LLC; Southwest Products Corporation 805 Broadway St, Suite 700 POLICY NUMBER Vancouver WA 98660 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE acific Power Products Holdings Inc. acific Power Group LLC acific Power Products Managements LLC outhwest Products Corporation acific Detroit Realty LLC outhwest Products Realty, LLC acific Power Products Profit Sharing & 401(K) Plan anco Industrial Engines acific Detroit Diesel -Allison acific Power Generation acific Power Products Company acific Power Rentals erkins Pacific acific Marine Power acific Engine Works acific Reman Center acific Power Group acific Power Management Solutions acific Power Products Group kenergy Solutions acific Power Products Company LLC kenergy Solutions, LLC MT Diesel, Inc. orthtrends DS Inc ascade Turf arwest Golf acific Truck Performance ower Products Machine acific Detroit Diesel Allison Inc Profit Sharing uthwest Products Corporation dba Southwest Products VP Engines ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C H U B B° Liability Insurance Endorsement Policy Period Effective Date Policy Number Insured Name of Company Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Who Is An Insured Additional Insured - Scheduled Person Or Organization Liability Insurance MAY 1, 2022 TO MAY 1, 2023 MAY 1, 2022 3604-89-41 PTL YACULTA COMPANIES INC. GREAT NORTHERN INSURANCE COMPANY Under Who Is An Insured, the following provision is added. Persons or organizations shown in the Schedule are insureds; but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Additional Insured - Scheduled Person Or Organization continued Form 80-02-2367 (Rev. 5-07) Endorsement Page 1 CHUBB" Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Liability Insurance Additional Insured - Scheduled Person Or Organization last page Form 80-02-2367 (Rev. 5-07) Endorsement Page 2 NE Conditions Other Insurance (continued) Premium Audit Separation Of Insureds General Liability D. that is insurance: 1. provided to you by any person or organization working under contract or agreement for you; or 2. under which you are included as an insured; or E. that is insurance under any Property section of this policy. When this insurance is excess, we will have no duty to defend the insured against any suit if any other insurer has a duty to defend such insured against such suit. If no other insurer defends, we will undertake to do so, but we will be entitled to the insureds rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of the total: amount that all other insurance would pay for loss in the absence of this insurance; and of all deductible and self -insured amounts under all other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. We will compute all premiums for this insurance in accordance with our rules and rates. In accordance with the Estimated Premiums section of the Premium Summary, premiums shown with an asterisk (*) are estimated premiums and are subject to audit. In addition to or in lieu of such designation in the Premium Summary, premiums may be designated as estimated premiums elsewhere in this policy. In that case, these premiums will also be subject to audit, and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Except with respect to the Limits Of Insurance, and any rights or duties specifically assigned in this insurance to the first named insured, this insurance applies: as if each named insured were the only named insured; and separately to each insured against whom claim is made or suit is brought. babi* Insurance Form 80-02-2000 (Rev. 4-01) contract Page 23 of 32 Policy Number: 73597757 ,A0]LVA I LVA 14:%3111 W1111 1101 LVA 101-1 I14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. —CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy, or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A. 1. —WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affai rs. C. Lessors as Insureds Paragraph A. 1. —WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor, and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Persons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 3. 0 5. (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement, or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.S. - FELLOW EMPLOYEE —of SECTION II — LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. —TRANSPORTATION EXPENSES —of SECTION III —PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOANILEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpaid Loan or Lease Amounts In the event of a total "loss" to a covered "auto', we will pay any unpaid amount due on the loan or lease for a covered "auto' minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto'; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered "auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS — of SECTION III —PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to, or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement, 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto' to you. 8. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto' in a housing, opening or other location that is not normally used by the "auto' manufacturer for the installation of such equipment, (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR — WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page 2 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" Under Paragraph D. - DEDUCTIBLE —of SECTION III —PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE —of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership, (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contract or agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV— BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 15. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV— BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page 3 of 3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 4. Loss Payment - Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto" you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a 'trailer" is the "auto" from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the "trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto" you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident" or "loss" to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the "insured" or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto- or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee - Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12