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HomeMy WebLinkAboutPK12-244 - Original - Thermal Supply, Inc. - IT Server Room HVAC Equipment - 10/6/2012 Records Manud`go�7emO, h- v ��,KcNT Document WASHINGTON 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: Thermal Supply, Inc. Vendor Number: ID Edwards Number (� Contract Number: This is assigned by City Clerk's Office Project Name: I T Server Room — Purchase of HVAC Equipment Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/26/12 Termination Date: 12/10/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks Facilities Detail: (i.e. address, location, parcel number, tax id, etc.): S•Publlc\RecordsManagement\Forms\ContractCover\ad cc7832 1 11/08 KENT WASP ..T.N GOODS & SERVICES AGREEMENT between the City of Kent and Thermal Supply Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Thermal Supply Inc. organized under the laws of the State of Washington, located and doing business at 19821 85th Ave S, Bldg. A, Kent, WA 98031, 253 872-8963, A. Cruz (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: Purchase only of HVAC equipment for the I.T. Server Room located at Kent City Hall, 220 Fourth Avenue South, Kent, in accordance with Quotation #1323172, dated July 26, 2012, which is attached as Exhibit A. I Vendor acknowledges and understands that it is not the City's exclusive provider of these i 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 within 45 days. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $9,180.38, 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: C I GOODS & SERVICES AGREEP4ENT - 1 i Invoice upon delivery; Net 30 days 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. I 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. 9 C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required GOODS & SERVICES AGREEMENT - 2 by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. i 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 w,th the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. GOODS & SERVICES AGREEMENT - 3 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 ad3ustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to 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. GOODS & SERVICES AGREEMENT - 4 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. 1 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. GOODS & SERVICES AGREEMENT - 5 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 AGREEN1ENT - 6 I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: - BJtNa / (s gna�4re) (signature Print Name: h�►' -Jin�nw�JS P !e.: Jeff Watling Its: %�zEas��Z&R Its: Director, Parks, Recreation and DATE: (title)�-O Community Services lo - 1SS - I �, � DATE:_ Ia�Z�+�C2.. i NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: A. Cruz Alex Ackley, Superintendent Parks Facilities Thermal Supply Inc. City of Kent 19821 85" Ave S, Bldg A 220 Fourth Avenue South Kent, WA 98031 Kent, WA 98032 253 872-8963 (telephone) (253) 856-5081 (telephone) 253 872-8965 (facsimile) (253) 856-6080 (facsimile) Thermal Supply tac [T Server Room I GOODS & SERVICES AGREEMENT - 7 i 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. i By signing below, I agree to fulfill the five requirements referenced above. Dated this 1 g�= day of © C 7'6 3 E!2 , 20/�. By For, �a�� .Z�n�c. SPPL16: Title: / Kf--0r)2-F-/? Date: i I CITY OF KENT ADMINISTRATIVE POLICY f NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 1 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. I F I I 1 I I i 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. Dated this day of , 20 By: i For: I I Title: Date: I I rI i l 1 r V QUOTATION � THERMAL SUPPLY INC Order Number _ 19821 85111 AVE S BLDG A P KENT,WA 98031 1323172 253-872-8963 �-prar f�+ = Order Date Page �'1 'rl-A �©APLSY INC. 7/26/2012 09 18�19 1_of I Quote Expires On8/10/2012 Bill To: Ship To: CITY OF KENT CITY OF KENT 220 S 4TII 220 S 4TH K&N1,WA 98032 KENT,WA 98032 253-859-3544 Requested By Mr KEN. Customer ID: 7123 i PO Nuinber ShipRoule Taker Z ACRUZ Ormntities Pncn„ Ilem ID U01i1 Unit Extended Ordered Alloe eed Remaming UOAUfn7l Size q Unrl Sue Ifem Desenpllon Price Price 2 0 2 FA PIJYA36NHAI EA 2,534 0500 5,-68 10 1 0 3 TON OD A,C UN`Z R410 10 FROM PUYA36NI LA3 2 0 2 FA PKAA36KA4 EA 1,489 7500 2,979 So 10 1D FALL MOUNT HP/AC 1 0 2 0 2 EA MHKI EA 1681500 336 30 to WIRELESS CONTROLLER 10 4 Total Lines 3 SUB-TOTAL: 8,383 90 TAX.• 79648 AMOUNT TENDERED: 000 A3,10UNT D UE: 9,180.38 i I usu; un�rxaw I EXHIBIT B I 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. Automobile Liability insurance covering all owned, non- owned, hired a nd 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. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. 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. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. e i i 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. i 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 sub3ect to all of the same insurance requirements as stated herein for the Contractor. { Client# 575461 THERMSUPI ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 O 1 0/261201IDD V2 0/262 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 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 NAME -NTAI Rainey Lindholm Kibble&Prentice,a USI Co CL PHONE 206441-6300 A^Xc,Ne 610-362-8530 A/C No Extl 601 Union Street,Suite 1000 A DRIESS rainey lindholm@kpcom.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A Hanover Insurance Company 22292 INSURED INSURER B Alaska National Insurance Co 38733 Thermal Supply Inc INSURER c 717 South Lander INSURER D Seattle,WA 98134 INSURER INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM CR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICYNUMBER MM/ODY� MM!POLICY LIMITS LTR INSR WVD A GENERAL LIABILITY ZHF9089415 4/01/2012 04/011201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS-MADEOCCUR MED EXP(Any one person) $10000 X Wa Stop Gap PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY PE° F7,LOC WA Stop Gap $1,000,000 A AUTOMOBILE LIABILITY AHF9068105 4/01/2012 04/01/201 Ea%aacO detSINGLEUMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per acudent) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIREDAUTOS X AUTOS Peraadent A �( UMBRELLA LIAR X OCCUR UHF9056117 4/01/2012 04101/201 EACH OCCURRENCE s4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s4,000,000 DEC) X RETENTION$0 $ B WORKERS COMPENSATION 12DWSO4658 4/01/2012 04/01/201 X We STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E L EACH ACCIDENT $1 000 000 CFFICERIMEMBER EXCLUDED? � N I A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $1,000,000 If yes,descibe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re. Quotation#1323172, purchase HVAC equipment for the LT Department located at Kent City Hall. City of Kent is included as additional insured on the General Liability and Automobile Liability polices per the attached endorsements General Liability policy is primary and Non-Contributory per the attached endorsement Umbrella policy follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Alex Ackley ACCORDANCE WITH THE POLICY PROVISIONS 2220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8099507/M7156968 JRKZP ZHF9089415 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured- Broad Form Vendors Included 3 Aggregate Limit per Location Included 4 Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage- Borrowed Equipment, Customers Goods& Included Use of Elevators 7. Extended Property Damage Included 8 Incidental Malpractice (Employed nurses, EMT's &paramedics) Included 9. Knowledge of Occurrence Included 10. Liberalization Clause Included 11 Medical Payments- Increased Limit $ 10,000 12 Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations- Covered until end or policy period Included 14. Non-owned Watercraft 51 ft 15. Personal Injury- Broad Form Included 16. Product Recall Expense - Each Occurrence Limit $ 25,000 -Aggregate Limit $ 50,000 17. Property Damage Legal Liability(Fire, Lighting, Explosion, Smoke or Leakage Damage) $500,000 18. Supplementary Payments Increased Limits - Bail Bonds $ 2,500 - Loss of Earnings $ 300 19. Unintentional Failure to Disclose Hazards Included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants 1. Additional Insured by Contract, Agreement or (2) Premises you own, rent, lease or occupy Permit This insurance applies on a primary basis if Under Section II - Who Is An insured, Paragraph 5. that is required by the written contract, written is added as follows agreement or permit 5. a. Any person or organization with whom you b. This provision does not apply agreed, because of a written contract, written (1) Unless the written contract or written agreement or permit to provide insurance, is agreement has been executed or permit an insured, but only with respect to has been issued prior to the "bodily injury', (1) "Your work" for the additional insured(s) "property damage", "personal injury" or at the location designated in the contract, "advertising injury" agreement or permit, or Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01103) Page 1 of 6 f (2) To any person or organization included as (4) Repackaging, unless unpacked solely for an insured by an endorsement issued by the purpose of inspection, demonstration, us and made part of this Coverage Part testing, or the substitution of parts under (3) To any person or organization included instruction from the manufacturer, and as an insured under item 2 of this then repackaged in the original container, endorsement (5) Any failure to make such inspection, ad- (4) To any lessor of equipment justments, tests or servicing as the vendor has agreed to make or normally (a) After the equipment lease expires, or undertakes to make in the usual course (b) If the "bodily injury", "property dam- of business in connection with the sale of age", "personal injury" or "advertising the product, injury" arises out of sole negligence (6) Demonstration, installation, servicing or of the lessor repair operations, except such operations (5) To any performed at the vendor's premises in (a) Owners or other interests from whom connection with the sale of the product, land has been leased which takes (7) Products which, after distribution or sale place after the lease for the land ex- by you, have been labeled or relabeled or pires, or used as a container, part or ingredient of (b) Managers or lessors of premises if any thing or substance by or for the vendor (i) The occurrence takes place after C. This insurance does not apply to any insured you cease to be a tenant in that person or organization, from whom you have premises, or acquired such products, or any ingredient, (ii) The "bodily injury", "property part or container, entering into, accompany- damage", "personal injury" or ing or containing such products "advertising injury" arises out of structural alterations, new con- 3 Aggregate Limit Per Location struction or demolition operations performed by or on behalf of the (1) Under Section III - Limits of Insurance the manager or lessor General Aggregate Limit applies separately to each of your "locations" owned by or rented to 2. Additional Insured - Broad Form Vendors you Under Section II -Who Is An Insured, Paragraph 6. (2) Under Section V - Definitions, definition 23. is is added as follows added as follows 6. a. Any person or organization with whom you 22. "Location" means premises involving the agreed, because of a written contract or same or connecting lots, or premises whose written agreement to provide insurance, but connection is interrupted only by a street, only with respect to "bodily injury" or"property roadway, waterway or right-of-way of a rail- damage" arising out of"your products" which road are distributed or sold in the regular course of the vendor's business, subject to the 4. Alienated Premises following additional exclusions Under Section I - Coverage A, paragraph 2. Exclu- b. The insurance afforded the vendor does not sions, j. (2) is replaced in its entirety with the apply to following (1) "Bodily injury' or "property damage" for (2) Premises you sell, give away or abandon, if the which the vendor is obligated to pay dam- "property damage" arises out of any part of those ages by reasons of the assumption of li- premises and occurred from hazards that were ability in a contract or agreement This known by you, or should have reasonably been exclusion does not apply to liability for known by you, at the time the property was damages that the insured would have in transferred or abandoned the absence of the contract or agreement, (2) Any express warranty unauthorized by 5. Bodily Injury Redefined you, Under Section V - Definitions, definition 3. "bodily (3) Any physical or chemical change in the injury" is replaced in its entirety with the following product made intentionally by the vendor, Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01/03) Page 2 of 6 3. "Bodily injury' means bodily injury, sickness or 9. Knowledge of Occurrence disease sustained by a person This includes Under Section IV - Commercial General Liability mental anguish, mental injury, shock, fright or Conditions, Condition 2 - Duties in the Event of death resulting from "bodily injury', sickness or Occurrence, Offense, Claim or Suit, paragraph e. is disease added as follows e. Notice of an "occurrence", offense, claim or"suit" 6. Broad Form Property Damage - Borrowed will be considered knowledge of the insured if Equipment, Customers Goods, Use of Elevators reported to an individual named insured, partner, (1) Under Section I - Coverage A, paragraph 2. executive officer or an "employee" designated by Exclusion j. is amended as follows you to give us such a notice Paragraph (4) does not apply to "property dam- age" to borrowed equipment while at a jobsde 10. Liberalization Clause and not being used to perform operations Under Section IV - Commercial General Liability Paragraphs (3), (4) and (6) do not apply to Conditions, condition 10. is added as follows "property damage" to "customers goods"while on 10. Liberalization Clause your premises nor do they apply to the use of elevators at premises you own, rent lease or If we adopt any revision that would broaden the occupy coverage under this Coverage Form without additional premium, within 45 days prior to or (2) Under Section V - Definitions, definition 24. is during the policy period, the broadened added as follows coverage will immediately apply to this 23. "Customers goods" means property of your Coverage Part customer on your premises for the purpose of being 11. Medical Payments -increased Limits a. worked on, or (1) Under Section I - Coverage C, paragraph a. b. used in your manufacturing process (2) is replaced in its entirety by the following (3) The insurance afforded under this provision is (2) The expenses are incurred and reported to excess over any other valid and collectible prop- us within three years of the date of the erty insurance (including deductible) available to accident, and the insured whether primary, excess, contingent (2) Under Section III - Limits of Insurance, or on any other basis paragraph 7. is replaced in its entirety by the following 7. Extended Property Damage 7. Subject to 5 above, the higher of Under Section I - Coverage A, paragraph 2. a. $10 000, or Exclusions, Exclusion a. is replaced in its entirety with the following b. The amount shown in the Declarations a. "Bodilyinjury" or " ro"property damage" expected or for Medical Expense Limit a the most P P Y 9 P we will pay under Coverage C for all intended from the standpoint of the insured This medical expenses because of "bodily exclusion does not apply to "bodily injury" or injury" sustained by one person "property damage" resulting from the use of reasonable force to protect persons or property (3) This coverage does not apply if Coverage C - Medical Payments is excluded either by the provisions of the Coverage Part or by S. Incidental Malpractice - Employed Nurses, EMT's endorsement and Paramedics Under Section II - Who Is An Insured, paragraph 12. Mobile Equipment Redefined 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if Under Section V - Definitions, definition 12, you are not engaged in the business or occupation of Mobile Equipment, paragraph f(1)(a)(b)(c) does providing medical, paramedical, surgical, dental, x-ray not apply to self-propelled vehicles of less than or nursing services 1,000 pounds gross vehicle weight 13. Newly Acquired Or Formed Organizations Under Section II - Who Is An Insured, paragraph 4.a. is replaced in its entirety by the following Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01/03j Page 3 of 6 a. Coverage under this provision is afforded only repair, replacement, adjustment, removal until the end of the policy period or disposal of (1) "Your product"; 14. Non-Owned Watercraft (2) "Your work", or Under Section I - Coverage A, paragraph 2 (3) "Impaired property", Exclusions, g (2) is replaced in its entirety by the following if such product, work, or property is (2) A watercraft you do not own that is withdrawn or recalled from the market or a Less than 51 feet Ion and from use by any person or organization O g, because of a known or suspected defect, (b) Not being used to carry persons or deficiency, inadequacy or dangerous property for a charge, condition in it, but this exclusion does not This provision applies to any person, who apply to "product recall expenses" that you with your consent, either uses or is incur for the "covered recall" of "your responsible for the use of a watercraft product" The exception to the exclusion does not apply to"Product recall expenses" 15. Personal Injury-Broad Form resulting from (1) Under Section I - Coverage B, paragraph 2.e. (1) Failure of any products to accomplish is deleted in its entirety their intended purpose, (2) Under Section V - Definitions, definition 14, (2) Breach of warranties of fitness, quality, paragraph b. is replaced in its entirety by the durability or performance, following (3) Loss of customer approval, or any cost b Malicious prosecution or abuse of process incurred to regain customer approval, (3) Under Section V - Definitions, definition 14, (4) Redistribution or replacement of "your paragraph h. is added as follows product" which has been recalled by h. Discrimination or humiliation (unless like products or substitutes, insurance thereof is prohibited by law) that (5) Caprice or whim of the insured, results in injury to the feelings or reputation (6) A condition likely to cause loss of which of a natural person, but only if such any insured knew or had reason to discrimination or humiliation is know at the inception of this insurance, (1) Not done intentionally by or at the (7) Asbestos, including loss, damage or direction of clean up resulting from asbestos or (a) The insured, asbestos containing materials, (b) Any officer of the corporation, (8) Recall of "your products" that have no director, stockholder, partner or known or suspected defect solely member of the insured, and because a known or suspected defect in another of "your products" has been (2) Not directly or indirectly related to an found "employee", not to the employment, prospective employment or termination (2) Under Section 11 - Who Is An Insured, of any person or persons by an paragraph 4.d. is added as follows insured d Coverage A does not apply to "product (4) This coverage does not apply if Coverage B - recall expense" arising out of any Personal and Advertising Injury Liability is withdrawal or recall that occurred before excluded either by the provisions of the you acquired or formed the organization Coverage Part of by endorsement (3) Under Section III - Limits of Insurance, paragraph 8. is added as follows 16. Product Recall Expense 8. The Limits of Insurance and rules stated (1) Under Section I - Coverage A, paragraph 2 below fix the most we will pay under this Exclusions, n. is replaced in its entirety by the coverage part following (1) The Aggregate Limit is the most we will n. Recall of Products, Work or Impaired reimburse you for the sum of all "product Property recall expenses" incurred for all "product Damages claimed for any loss, cost or recall expenses" initiated during the policy expense incurred by you or others for the period loss of use, withdrawal, recall, inspection, Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01103) Page 4 of 6 I (2) The Each Occurrence Limit shown in the such pr oducts are free from defects Summary of Coverages Declaration is the that could be a cause of loss under this most we will pay in connection with any one insurance defect or deficiency 5 Under Section V - Definitions, the following 9 (a) All 'product recall expenses" in definitions are added connection with substantially the same 25. "Covered recall," means a recall made general harmful condition will be necessary because you or a government deemed to arise out of the same defect body has determined that a known or or deficiency and considered one suspected defect, deficiency, inadequacy, occurrence or dangerous condition in "your product" (b) Any amount reimbursed for"product has resulted or will result in "bodily injury" recall expenses" in connection with any or"property damage" one occurrence will reduce the amount 26 "Product recall expense" means of the Aggregate Limit available for a. Necessary and reasonable expenses reimbursement of"product recall for expenses" in connection with any other defect or deficiency (1) Communications, including radio or television announcements or (c) If the Aggregate Limit has been printed advertisements including reduced by reimbursement of"product stationery, envelopes and postage, recall expenses"to an amount that is (2) Shipping the recalled products less than the Each Occurrence Limit, from any purchaser, distributor or the remaining Aggregate Limit is the user to the place or places most that will be available for designated by you, reimbursement of"product recall expenses" in connection with any other (3) Remuneration paid to your regular defect or deficiency "employees" for necessary over- time, The Limits of Insurance of Product Recall Expense apply separately to each (4) thHirian additional persons, other t consecutive annual period and to any than your regular"employees", remaining period of less than 12 months, (5) Expenses incurred by "employees" starting with the beginning of the policy including transportation and ac- period shown in the Declarations, unless commodations, the policy period is extended after issuance (6) Expenses to rent additional ware- for an additional period of less than 12 house or storage space, months In that case, the additional period will be deemed part of the last preceding (7) Disposal of"your product", but only period for the purposes of determining the to the extent that specific methods Limits of Insurance of destruction other than those 3 A Deductible of $500 applies for Each employed for trash discarding or ( ) PP disposal are required to avoid Occurrence "bodily incur/' or"property damage" (4) Under Section IV - Commercial General as a result of such disposal, Liability Conditions, Condition 2 - Duties in You incur exclusively for the purpose of the Event of Occurrence, Offense, Claim or recalling "your product", and Suit, paragraph f. is added as follows b. Your lost profit resulting from such f. You must see to it that the following are "covered recall" done in the event of an actual or anticipated "covered recall" that may result in "product recall expense" 17. Property Damage Legal Liability (Fire, Lightning, Explosion, Smoke or Leakage from (1) Give us prompt notice of any discovery Fire Protective Systems Damage) or notification that "your product" must be withdrawn or recalled Include a (1) The word fire is changed to fire, lightning, description of "your product" and the explosion, smoke and leakage from fire pro- reason for the withdrawal or recall, tective systems where it appears in the Limits of Insurance section of the Declarations for the (2) Cease any further release, shipment, Commercial General Liability Coverage Part consignment or any other method of distribution of like or similar products until it has been determined that all Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01/03) Page 5 of 6 (2) Under Section I - Coverage A, the last para- 18. Supplementary Payments Increased Limits graph (after the exclusions) is replaced in its Under Section I - Supplementary Payments, entirety by the following Coverages A and B, paragraphs 1.b. and 1.d. are Exclusions c through in do not apply to dam- replaced in their entirety as follows age by fire, lightning, explosion, smoke or leak- 1.b. Up to $2,500 for cost of bad bonds required age from fire protective systems to premises because of accidents or traffic law violations while rented to you or temporarily occupied by arising out of the use of any vehicle to which you with the permission of the owner A sepa- the Bodily Injury Liability Coverage applies rate limit of insurance applies to this coverage We do not have to furnish these bonds as described in LIMITS OF INSURANCE (SEC- TION III) This limit will apply to all damage 1.d. All reasonable expenses incurred by the proximately caused by the same event, whether insured at our request to assist us in the such damage results from fire, lightning, ex- investigation or defense of the claim or"suit", plosion, smoke or leakage from fire protective including actual loss of earnings up to $300 a systems or any combination of the five day because of time off from work (3) Under Section III - Limits Of Insurance, para- graph 6. is replaced in its entirety by the follow- 19. Unintentional Failure to Disclose Hazards n IV - Commercial General Liability mg Under Section Conditions, Condition 6. - Representations, 6. Subject to 5 above, the higher of a. $500,000, or paragraph d is added as follows d. We will not disclaim coverage under this b. The Fire, Lightning, Explosion, Smoke Coverage Part if you fail to disclose all hazards or Leakage from Fire Protective Sys- existingas of the inception date of the policy P P Y tems Damage Limit shown in the Dec- provided such failure is not intentional larations is the most we will pay under Coverage A for damages because of "property damage" from fire, lightning, 20. Unintentional Failure to Notify explosion, smoke and leakage from fire Under Section IV - Commercial General Liability protective systems to premises, while Conditions, Condition 2. - Duties in the Event of rented to you or temporarily occupied Occurrence, Offense, Claim or Suit, paragraph g. by you with permission of the owner is added as follows (4) Under Section IV - Commercial General f. Your rights afforded under this policy shall not Liability Conditions, Condition 4 Other be prejudiced if you fail to give us notice of an Insurance, paragraph b (2) is replaced by the "occurrence", offense, claim or"suit", solely due following to your reasonable and documented belief that b.(2) That is fire, lightning, explosion, smoke the "bodily injury" or "property damage" is not or leakage from fire protective systems covered under this policy insurance for premises rented to you or temporarily occupied by you with per- mission of the owner, or (5) Under Section V - Definitions, definition 9. "Insured contract", a is replaced in its entirety by the following a A contract for a lease of premises How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or leakage from fire pro- tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract" (6) This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement Includes copyrighted material of Insurance Services Office, Inc with its permission Copyright, Insurance Service Office, Inc 1998 421-0080 (01103) Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ZHF9o89415 Other Insurance — Primary and Non-Contributory (Additional Insured) This endorsement modifies Insurance provided under the following N COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV—Commercial General Liability Conditions 4.Other Insurance a. Additional Insureds (a) That is Fire, Extended If you agree in a written contract, written Coverage, Builder's agreement or permit that the Insurance Risk, Installation Risk or provided to any person or organization similar coverage for included as an Additional Insured under "your work", Section 11 — Who is An Insured, is (b) That is Fire insurance primary and non-contributory, the for premises rented to following applies. the Additional Insured or temporanly occupied by the Additional If other valid and collectible Insurance is Insured with permission available to the Additional Insured for a of the owner, loss we cover under Coverages A or B of this Coverage Part, our obligations (c) That is insurance are limited as follows purchased by the 1.Prima Insurance Additional Insured to Primary cover the Additional This Insurance is primary to other Insured's liability as a Insurance that is available to the tenant for "property Additional Insured which covers the damage" to premises Additional Insured as a Named rented to the Additional Insured We will not seek Insured or temporarily contribution from any other occupied by the insurance available to the Additional Additional with Insured except permission of the L For the sole negligence of the owner, or Additional Insured; (d) If the loss anses out of III. the maintenance or use. when the Additional Insured is of aircraft, "autos" or an Additional Insured under another primary liability policy; watercraft to the extent not subject to Exclusion or g. of Section I — Ill. when 2. below applies. Coverage A — Bodily If this insurance Is primary, our InjuDamageAnablli Property obligations are not affected unlessLiability any of the other Insurance is also When this Insurance is excess, we will have primary Then, we will share with all no duty under Coverages A or B to defend the that other insurance by the method insured against any "suit" if any other Insurer described in 3.below. has a duty to defend the insured against that 2. Excess Insurance "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to This Insurance Is excess over: the insured's rights against all those other (1) Any of the other insurance, insurers whether primary, excess, When this Insurance Is excess over other contingent or on any other Insurance, we will pay only our share of the basis: amount of the loss, if any, that exceeds the sum of Page 1 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc,with its permission 0165 Lull- 9U8U31b U(Y b/U112U (1) The total amount that all such other 3. Method Of Sharing insurance would pay for the loss in the If all of the other insurance permits absence of this insurance, and contribution by equal shares, we will (2) The total of all deductible and self- follow this method also Under this insured amounts under all that other approach each insurer contributes equal insurance. amounts until it has paid its applicable We will share the remaining loss, if any, limit of insurance or none of the loss with any other insurance that is not remains, whichever comes first described in this Excess Insurance If any of the other insurance does not provision and was not bought specifically permit contribution by equal shares, we to apply in excess of the Limits of will contribute by limits Under this Insurance shown in the Declarations of method, each insurers share is based on this Coverage Part the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2 421-0452 06 07 Includes copyrighted material of Insurance Services Offices,Inc,with its permission 0166 AHF9068105 DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Endorsement Effective Countersigned By: Named Insured- Thermal Supply, Inc. (Authorized Representative) SCHEDULE Name of Person(s)or Organization(s):Any person or organization with whom you have agreed in a wntten contract,agreement or permit,to provide insurance such as is afforded under this coverage form. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an 'insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc, 1998 Page 1 of 1 0