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Boiler Replacement Consulting & Design Services AGREEMENT BETWEEN THE CITY OF SALINA,KANSAS and THE TRANE COMPANY for BOILER REPLACEMENT CONSULTING AND DESIGN SERVICES • This Agreement is entered into August 21.4 2019 by and between the City of Salina, Kansas, (the "City") and The Trane Company,a Nevada corporation(the"Consultant'). Recitals A. The City desires to contract for design and consulting services in relation to the City's planned replacement of the boiler system at the Salina Police Department, 255 10th Street. Salina. Kansas, in compliance with federal, state, and local regulations. B. The Consultant has the requisite qualifications and experience to perform the services needed by the City and desires to perform those services pursuant to the terms of this Agreement. The parties,in consideration of the mutual promises set forth in this Agreement,agree and covenant: 1. Definitions. Capitalized words used in this Agreement shall have the following meanings: "Agreement"means this Agreement,as amended and supplemented from time to time. "City"means the City of Salina.Kansas. "Consultant" means The Trane Company,a Nevada corporation, and its successors. 2. Exhibits. The following Exhibits are attached to and made a part of this Agreement(Mark with"X"if applicable): Exhibit A: Responsibilities of the Parties Exhibit B: Term; Schedule Exhibit C: Basis of Payment Exhibit D: Insurance Requirements 3. Responsibilities of the Parties. The parties agree to perform the responsibilities outlined in the attached and incorporated Exhibit A. 4. Term; Schedule. The Consultant agrees to perform its responsibilities during the term and according to the timeframe and schedule described in Exhibit B. subject to the potential for prior termination pursuant to the terms of this Agreement. 5. Payment. The City shall pay the Consultant for the performance of its responsibilities pursuant to this Agreement as set forth in Exhibit C. 6. Insurance Requirements. 6.1. Types and Amount of Coverage.The Consultant agrees to obtain insurance coverage as specified in Exhibit D, attached hereto, and shall not make any material modification or change from these specifications without the prior approval of the City. If the Consultant subcontracts any of its obligations under this Agreement,the Consultant shall require each such subcontractor to obtain insurance coverage as specified in Exhibit D. Failure of the Consultant or its subcontractors to comply with these requirements shall not be construed as a waiver of these requirements or provisions and shall not relieve the Consultant of liability. Consultant Services(2015-07-24) • 6.2. Rating. All insurance policies shall be issued by insurance companies rated no less than A-VII in the most recent "Bests" insurance guide, and admitted in the State of Kansas. Except as otherwise specified in Exhibit D. all such policies shall be in such form and contain such provisions as are generally considered standard for the type of insurance involved. 6.3. Certificate of Insurance. The parties acknowledge that the Consultant has provided the City with a certificate of insurance listing the City as the Certificate Holder and evidencing compliance with the insurance requirements in this Agreement. The City reserves the right to require complete certified copies of all insurance policies procured by the Consultant pursuant to this Agreement, including any and all endorsements affecting the coverage required hereunder. 7. Injury to Persons or Damage to Property. The Consultant acknowledges responsibility for any injury to person(s) or damage to property caused by its employees or agents in the performance of its duties under this Agreement and shall immediately notify the City's Risk Management Department at (785) 309-5705 in the event of such injury to person(s) or damage to property. 8. Indemnification.To the fullest extent permitted by law, the Consultant shall indemnify and hold harmless the City, its agents, representatives, officers, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees and court costs)attributable to bodily injury, sickness,disease, death,or injury to, impairment, or destruction of property, including loss of use resulting therefrom, to the extent that such claims, damages, losses, and expenses are caused by the wrongful acts, negligent acts, errors, or omissions arising out of or related to the services of the Consultant,its employees,agents,or any tier of subcontractors in the performance of this Agreement. 9. Voluntary Termination. Either party may terminate this Agreement, with or without cause, upon thirty(30) days advance written notice to the other party. In the event of such termination, the Consultant shall be compensated for such services as have been satisfactorily performed through the-date of termination, but no compensation shall be earned after the effective date of the termination.Within five(5)days of any such termination,all finished or unfinished documents,data studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Consultant pursuant to this Agreement shall be delivered to the City. Notwithstanding the above, the Consultant shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Consultant, and the City may withhold any payments to the Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant may be determined. 10. Default. If either party fails to comply with any term of this Agreement within ten (10)days after written notice to comply has been mailed by the non-defaulting party to the defaulting party, such failure shall be deemed an immediate breach of this Agreement("Event of Default"). 11. Remedies. Upon the occurrence of an Event of Default,the non-defaulting party shall have the following rights and remedies,in addition to any other rights and remedies provided under this Agreement or by law: 11.1 Termination. The non-defaulting party shall have the right to terminate this Agreement or terminate the defaulting party's rights under this Agreement. 11.2 Other Remedies. The non-defaulting party may pursue any available remedy at law or in equity(including specific performance)by suit, action, mandamus or other proceeding to enforce and compel the performance of the duties and obligations set forth in this Agreement,to enforce or preserve any other rights or interests of the non-defaulting party under this Agreement or otherwise existing at law or in equity and to recover any damages incurred by the non-defaulting party resulting from such Event of Default. 12. Non-Assignable. Due to the unique qualifications and capabilities of the Consultant, neither the rights nor responsibilities provided for under this Agreement shall be assignable by either party,either in whole or in part. 13. Notices. All notices required or permitted to be given pursuant to this Agreement shall be in writing and delivered personally or sent by registered or certified mail, return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air courier service. Notice shall be considered given when received on the date appearing on the return 2 receipt, but if the receipt is not returned within five(5)days, then three (3) days after mailed, if sent by registered or certified mail or commercial courier service; or the next business day, if sent by overnight air courier service. Notices shall be addressed as appears below for each party, provided that if any party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. CITY: City Clerk Attn:Troy Reinert,Facilities Operations Manager P.O.Box 736 Salina, KS 67402-0736 CONSULTANT: The Trane Company Attn:Joe Reintjes,General Sales Leader 120 S. Ida St. Wichita, KS 67211 14. Retention and Inspection of Records. The Consultant shall maintain complete, accurate, and clearly identifiable records with respect to all costs and expenses incurred under this Agreement. The records shall be maintained during the term of this Agreement, and for a period of three (3) years from the date of final payment under this Agreement (the 'Retention Period"): provided, however, that if any litigation, claim or audit is commenced prior to the expiration of the Retention Period, then the Retention Period shall be extended until all litigation, claims or audit findings have been completely terminated or resolved, without right of further appeal. During the Retention Period, the Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to, or arising under, this Agreement. The City agrees to responsibly utilize all information obtained pursuant to this paragraph for the purposes of reviewing, confirming, and verifying the nature and amount of all costs and expenses incurred under this Agreement. The City agrees to take reasonable precautions not to disclose such information outside the scope of those stated purposes. subject to the Kansas open records act or other applicable law. 15. Non-appropriation. The City is subject to Kansas budget and cash basis laws, and operates on a calendar fiscal year. In the event that this Agreement involves financial obligations spanning multiple fiscal years for the City, it is subject to annual appropriation by the City's governing body for future fiscal years. If the City's governing body does not appropriate the funds necessary to fulfill the City's financial obligations pursuant to this Agreement, the City shall so notify the other parties to this Agreement and this Agreement shall be null and void for purposes of the fiscal year(s)affected by the decision of the governing body not to appropriate. 16. Relationship. It is expressly understood that Consultant in performing services under this Agreement,does so as an independent contractor. The City shall neither have nor exercise any control or direction over the methods by which Consultant performs its responsibilities as outlined in Exhibit A. The sole interest and responsibility of the City is to see that the services covered by this Agreement are performed and rendered in a competent, efficient, and satisfactory manner. Consultant shall be exclusively responsible for all taxes, withholding payments, employment-based benefits, deferred compensation plans, including but not limited to its workers compensation and social security obligations,and the filing of all necessary documents, forms,or returns pertinent to the foregoing. 17. Subcontracting. Consultant shall not subcontract any work or services under this Agreement without the City's prior written consent. 18. Compliance with Applicable Law. Consultant shall comply with all applicable federal,state, and local law in the performance of this Agreement. 19. Equal Opportunity. (a) In conformity with the Kansas act against discrimination and Chapter 13 of the Salina Code, the Consultant and its subcontractors,if any,agree that: 3 (1) The Consultant shall observe the provisions of the Kansas act against discrimination and Chapter 13 of the Salina Code and in doing so shall not discriminate against any person in the performance of work under this Agreement because of race,sex,religion,age,color, national origin,ancestry or disability; (2) The Consultant shall include in all solicitations, or advertisements for employees, the phrase "equal opportunity employer."or a similar phrase to be approved by the City's human relations director; (3) If the Consultant fails to comply with the manner in which the Consultant reports to the Kansas human rights commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (4) If the Consultant is found guilty of a violation of Chapter 13 of the Salina Code or the Kansas act against discrimination under a decision or order of the Salina human relations commission or the Kansas human rights commission which has become final,the Consultant shall be deemed to have breached this Agreement and it may be canceled,terminated or suspended, in whole or in part,by the City; (5) The Consultant shall not discriminate against any employee or applicant for employment in the performance of this Agreement because of race,sex,religion,age,color,national origin, ancestry or disability;and (6) The Consultant shall include similar provisions in any subcontract under this Agreement. (b) The provisions of this section shall not apply to this Agreement if the Consultant: (1) Employs fewer than four employees during the term of this Agreement; or (2) Contracts with the City for cumulatively 55.000 or less during the City's calendar fiscal year. 20. Administration of Agreement. All references in this Agreement requiring the City's participation or approval shall mean the participation or approval of the City Manager or his designee,unless otherwise provided herein. 21. Attorney Fees. If any suit or action is instituted by either party hereunder,including all appeals,the prevailing party in such suit or action shall be entitled to recover reasonable attorney fees and expenses from the non-prevailing party, in addition to any other amounts to which it may be entitled. 22. Right to Independent Legal Advice. The Consultant understands and acknowledges the right to have this Agreement reviewed by legal counsel of the Consultant's choice. 23. Applicable Law;Venue. This Agreement and its validity,construction and performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be in the Saline County,Kansas District Court. 24. Interpretation. This Agreement shall be interpreted according to its fair meaning, and not in favor of or against any ply. 25. Time. Time is of the essence of this Agreement. No extension will be granted unless in writing and signed by the parties. Should the end of a time period fall on a legal holiday that termination time shall extend to 5:00 p.m. of the next fill business day. 26. Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not render the other provisions unenforceable,invalid,or illegal. 27. Authority and Consent to Transaction. Each party represents to the other that the person executing this Agreement has full and legal authority to bind such party to the terms of this Agreement, and that the execution and delivery of this Agreement have been duly and validly authorized by the governing body of each party. 4 28. Persons Bound. This Agreement shall extend to and bind the heirs,executors, administrators,trustees,successors and authorized assigns of the parties hereto. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,or in multiple originals,and all such counterparts or originals shall for all purposes constitute one agreement. 30. Amendments.Neither this Agreement nor any of its terms may be changed or modified, waived, or terminated except by an instrument in writing signed by an authorized representative of the party against whom the enforcement of the change, waiver,or termination is sought. 31. Waiver. No failure or delay by a party hereto to insist on the strict performance of any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this Agreement shall continue in full force and effect with Icspetd to any other then existing or subsequent breach thereof. 32. Conflict Resolution. No interpretation of this Agreement shall be allowed to find the City has agreed to binding arbitration. 33. No Third Party Beneficiaries. Solely the parties to this Agreement shall have rights and may make claims under this Agreement. There are no intended third party beneficiaries under this Agreement, and no third parties shall have any rights or make any claims hereunder. 34. Typewritten or Handwritten Provisions.Typewritten or handwritten provisions inserted or attached, and initialed by all parties,shall supersede all conflicting printed provisions. 35. Feminine-Masculine,Singular-Plural. \Vherever used singular shall include the plural,plural the singular,and use of any gender shall include all genders. 36. Headings. The headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the interpretation of any provision hereof. 37. Merger Clause. These terms are'intended by the parties as a complete, conclusive and final expression of all the conditions of their Agreement. No other promises, statements, warranties, agreements or understandings, oral or written, made before or at the signing thereof,shall be binding unless in writing and signed by all parties and attached hereto. IN WITNESS R'HEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. CITY OF SALINA, ' NSAS By: .� �T � ��- - -- � gtM(ATrennt W. Davis, vvis, M.D., Mayor ta Attest: r .l W Shandi Wicks,CMC,City Clerk THE THANE COMPANY Trane US.Inc By: • jtiXsx,)� —ma . Date: OS/30/2019 Matt Foertsch,Area Manager 'NOTE:Subject to your acceptance of Trane Terms and Conditions as referenced in Trane proposal dated:August len.2019. 5 EXHIBIT A RESPONSIBILITIES OF THE PARTIES Consultant agrees to perform the following services in relation to the boiler system at the Salina Police Department, located at 255 10th Street, Salina, Kansas: • Analyze existing Boiler systems and offer replacement options; • Review current code requirements and identify revisions needed to meet current codes; - • Identify scope of work and work with local contractors to develop budget pricing on system identified; • Present Design Development conceptual drawings for review (These will be conceptual in nature with scope of work identified. Final Stamped engineering drawings will be part of the final contract); • Detail incorporation into existing Trane Digital Controls System; and • Develop a proposed final not to exceed contract for the boiler replacement project, for the City's consideration. The final contract shall utilize Omnia Partners Cooperative Purchasing Program (Formerly US —Communities), which shall meet the state statute for cooperative purchasing by public entities. Consultant has teamed with Integrated Engineering Consultants out of Wichita to assist in this process. The City agrees to perform the following responsibilities: • Assist in the Facility Survey consisting of appropriate access to decision-makers and facilities personnel. • Provide Consultant access to the building, drawings and appropriate operating/capital budget information needed to assist in completion of the Facility Survey. • Help Consultant as necessary by providing Consultant with all known information relative to this project. • Schedule a meeting to review Consultant's Facility Survey findings with the City's representative(s) to collectively determine the best course of action. A-1 EXHIBIT B TERM; SCHEDULE 1. Term. The term of this Agreement shall commence upon execution of this Agreement by both parties and shall remain in effect until completion of the services described in Exhibit A pursuant to the schedule set forth below. 2. Schedule. The services to be performed pursuant to this Agreement shall be performed with due diligence at all times during the term. B-I EXHIBIT C BASIS OF PAYMENT 1. Compensation. 1.1. Subject to the terms of Section 1.2 below, the City agrees to compensate the Consultant on a lump sum basis, in the amount of $5,000.00, with a single lump sum payment upon the satisfactory completion of all the Consultant's responsibilities set forth in Exhibit A. All of the Consultant's costs and expenses, including employee salaries, overhead, other direct costs, subcontract expenses, and profit are included in the lump sum amount, and the City shall not be obligated to reimburse the Consultant for costs or expenses in excess of the total lump sum amount. 1.2. The parties acknowledge and agree that, if the City elects to award a separate contract to the Consultant for performance of the work necessary to construct and complete the boiler replacement project, the City shall not be obligated to pay the 55,000.00 pursuant to the terms of this Agreement, and the compensation for the preliminary services anticipated by this Agreement, if any, shall be addressed and agreed to by the parties in a subsequent written contract between the parties. 2. Invoices. Upon completion of all the Consultant's responsibilities set forth in Exhibit A, and only if the City does not award a separate contract to the Consultant within sixty (60) days thereafter for performance of the work necessary to construct and complete the boiler replacement project, the Consultant shall invoice the City for the entire lump sum amount. 3. Payment. The Consultant's invoice will be due and payable within thirty (30) days of receipt by the City. C-1 EXHIBIT D INSURANCE REQUIREMENTS Pursuant to Section 6 of the Agreement, the Consultant shall obtain,pay for, and maintain— and shall require each of its authorized subcontractors to obtain and maintain—for the duration of the Agreement,policies of insurance meeting the following requirements: 1. General Requirements. A. Additional Insured. With the exception of the workers' compensation and professional liability policies to be obtained by the Consultant hereunder, all policies shall name the City, its agents, representatives, officers, officials, and employees as additional insured(s). Insurance for the additional insured shall be as broad as the insurance for the named insured, including defense expense coverage, and, with respect to the commercial general liability policy required hereunder, shall be endorsed to apply as primary and non-contributory insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured(s). B. Waiver of Subrogation. Where allowed by law, all policies will include a waiver of subrogation in favor of the City, its agents, representatives, officers, officials, and employees. C. Claims Made Policies. If coverage is written on a claims-made basis for any of the policies required by this Agreement, the Consultant must maintain the coverage for a minimum of two (2) years from the date of final completion of all work under the Agreement. D. Premium and Deductible Expenses. The Consultant shall be responsible for all premiums and retention or deductible expense for any and all policies required by this Agreement. 2. Specific Coverage Requirements. A. Professional Liability — Errors and Omissions. The Consultant shall maintain professional liability insurance covering errors and omissions, with limits of not less than $1,000,000. In the event coverage is provided on a claims-made basis, the professional liability insurance shall be maintained for a period of not less than two (2) years after completion of the Contract or, in lieu thereof, the Consultant shall purchase tail coverage (extended reporting period) under which the City shall be afforded protection. B. Commercial General Liability (`'CGL"). The Consultant shall maintain CGL coverage written on ISO Occurrence form CG00 01 or an industry equivalent, which shall cover liability arising from Personal Injury, Bodily Injury, Property Damage, Premises and Operations, Contractual Liability, Independent Contractors and Advertising Injury. The policy limits shall not be less than the following: • Each occurrence S1,000,000 • General aggegate $2,000,000 • Personal and Advertising Liability $1,000,000 D-1 C. Business Automobile Liability ("BAL"). The Consultant shall maintain BAL coverage written on ISO form CA 00 01 or an industry equivalent. Coverage shall be applicable to all autos and other vehicles subject to compulsory auto liability laws that are owned, hired, rented or used by the Consultant and include automobiles not owned by but used on behalf of the Consultant. The BAL policy limits shall not be less than the following: • Combined single limit $1,000,000 D. Workers' Compensation/Employer's Liability. The Consultant shall maintain workers' compensation and employer's liability coverage with policy limits not less than the following: • Workers' Compensation (Coverage Part A) o Statutory • Employer's Liability (Coverage Part B) o $100,000 each accident o $500,000 disease—policy limit o $100,000 disease—each employee D-2 A� CERTIFICATE OF LIABILITY INSURANCE 9/0/20019D " 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 CONTACT Kevin Mashavejian MARSH 8.MCLENNAN COMPANIES NAME: 1166 Avenue of the Americas PHONE Ext (212)345 7115 FAX No): New York NY 10036 E-MAILDSS: Kevin.Mashavejian@marsh.com ATTN:212-345-6000 INSURER(S)AFFORDING COVERAGE I NAICa COMPANY A: National Union Fire Insurance Company of Pittsburgh,PA 19445 INSURED Trane U S,Inc .COMPANY B: Travelers Indemnity Co of America 25666 120SIda St Wichita,KS 67211 COMPANY C: Travelers Property Casualty Co of Amer 25674 United States COVERAGES CERTIFICATE NUMBER: 539273 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. It/SR I TYPE OF INSURANCE IAgsDISwvo I POLICY NUMBER I gar EFF Y)I ALLY IEXP Y)I LIMITS A X COMMERCIAL GENERAL LIABILITYI CLAIMS-MADE I/� l GL 6412199 4/17/2019 4/17/2020 EACH OCCURRENCE 57.500,000.00 I I OCCUR DAMAGE TO RENTED 57,000,000.00 PREMISES(Ea occurrence) X CO"Va0ia1 Uabby MED EXP(Ary one person) $10,000.00 X Time Element Pollution mammy PERSONAL&ADV INJURY 57.500.000.00 GENE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S7,500,000.00 X POLICY 1 IRR LOC PRODUCTS-COMP/OP AGG 57,500,000.00 OTHER: 5 A AUTOMOBILE LIABILITY CA4993127(AOS) 4/17/2019 4/17/2020 fEe acddentSINGLE LIMIT S5,000,000.O0 A ANY AUTO CA4993128(MA) 4/17/2019 4/17/2020 BODILY INJURY(Per person) A ALL OWNED i 1 SCHEDULED CA4993129(VA) 4/17/2019 4/17/2020 BODILY INJURY(Per accident) AUTOS I—IIAUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) PHYSICALAPD-Self Insured s ruonnc,ccl c I UMBRELLA UAB I I OCCUR EACH OCCURRENCE EXCESS LAB I CLAWS-MADE AGGREGATE I DED I I RETENTION 5 5 B WORKERS COMPENSATION UB-8M35413A-19-51-K(AOS) 4/172019 4117/2020 X I STATUTE I I ETH- B AND EMPLOYERS'LIABILITY YIN UB-91049059-19-51-0(MN) 41172019 4117/2020 53.000.000.00 C ANY PROPRIETOR/PARTNERIE%ECUTWE UB-4M370386-19-51-R(AZ,MA OR,WI) 4/172019 4/17/2020 E.L.EACH ACCIDENT C OFFICER(Mandato/MIn EMBER EXCLUDED? N NIA TWXIUB-74341454-19(OH) 4/172019 4/17/2020 E.L.DISEASE-EA EMPLOYEE 53,000,000.00 It yes.describe render I 53:660350-.OrDESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached II more space Is required) Please see page 2 for additional information. CERTIFICATE HOLDER CANCELLATION City of Salina P.O.Box 736 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Salina,KS 67402-0736 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Marsh USA.Inc. BY: Kevinepan \ 1` I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Requested By:Matt Foertsch A�o® ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Trane U 5,Inc 120 5Ida St WtlNa,KS 67211 United States EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: City of Salina is included as Additional Insured where required by contract with respect to General Liability pursuant to applicable endorsement. City of Salina are included as Additional Insured where required by contract with respect to Automobile Liability pursuant to applicable endorsement. Waiver of Subrogation is applicable where required by written contract,but only to the extent of the Named Insured's negligence. General Liability includes Professional Liability Coverage via the Professional Liability Coverage Endorsement (Errors and Omissions Coverage).The General Liability Limits of Liability evidenced are applicable to the Professional Liability(Errors and Omissions)Coverage. Job Description:Boiler Replacment Services For questions regarding this certificate of insurance contact:Matt Foertsch Email:mfoertsch@trane.com Phone: 503-849-0050 • ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT It MAN001 This endorsement, effective 12:01 A.M. 04/17/2019 forms a part of policy No. GL 641-21-99 issued to INGERSOLL-RAND COMPANY BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II—WHO IS AN INSURED, is amended to include as an additional insured: (1) Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability to the extent caused by you and arising out of your operations, including both continuing and completed operations, or premises owned by or rented to you; or (2) Any designated person or organization, designated by you in writing to us, but only with respect to liability to the extent caused by you and arising out of your operations or premises owned by or rented to you and provided the "bodily injury", "property damage" or "personal and advertising injury" occurs subsequent to your written request to designate such person or organization as additional insured. However, the insurance provided will not exceed the lesser of: • The coverage and/or limits of this policy, or • The coverage and/or limits required by said contract or agreement. All other terms and conditions remain unchanged. Aut orized Representative