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HomeMy WebLinkAboutContract 2174.- ~ sLm .. ~ a _ M ® q~ . ~ 0 2174 ~~ :,' ~ _ . ' ~vher~ the basis ~f yrrt~lf ~~ S~/C~ SCl EE PST made as of the Eighth day of December in the year Two Thousand Eight (ha n~©rcls, r~rz~dic~ate day, rnaratla grad year.) ADDITIONS AND DEEETIONS: The author of this document has SET E~1 the ®wner: added information needed for its (Narrte artd address) completion. The author may also have revised the text of the original City of Columbia Heights AIA standard form. An Additions and 59(} 40th Avenue Northeast Deletions Report that notes added Columbia Heights, MN 55421-387 information as well as revisions to the standard form text is available and the Contractor: from the author and should be (Name ctrad address) reviewed. A vertical line in the left margin of this document indicates I ?!Minnesota Elevator. Tnc. where the author has added 1433(1 6E}7th Avenue necessary information and where Mankato, MN 56001 the author has added to or deleted from the original AIA text. Por the following 1'rojeet: This document has important legal (Iraedarde detai'ed descriptic~tr~ of Project, loeativra, ctdd~-ess and sc•ope.) consequences. Consultation with an attorney is encouraged with respect Calumbia Heights Public Safety Center to its completion or modification. 825 41st Avenue Nartl~east The 1992 Edition of AIA Document Coiiim'Gia Heights, MN 15421 A201lCMa,General Conditions of New Public: Safety Center the Contract for Construction, Construction Manager-Adviser The Construction Manager is: Edition, is adopted in this document (Nanxe and address} by reference. Do not use with other general conditions unless this EDS builders, Inc. document is modified. 404A Saint Croix Trail North Lakeland, MN 55(}43 The Architect is: (Nmrre and address} Euetow and Associates, Inc. 2345 Rice Street Suite 210 St. Paul, MN 551.13 Init. The t~wner and Contractor agree as set fort(? Barlow. k! ~eacusner+t A? ~ !€ 3rr~ - t! ~. Gc yrlc U 1992 by The Amer^an 7stitute of , chitects. ~ r"s~ :s reserved. i nis document was produced by ~ AIA __:.:~are at 11:22:54 on 12/3ot2008 under Urder No.1uu0380482_1 which expires on 1214/LU09, and is not for resale. Usertdvtes: (42903824$11 4.3 Unit prices, if any, are as follows: Decraption Unlt~ Prl~e ( 0.00) ~z~tTIL 5 RS PAY EEVTS § 5.1 Based upon Applications far Payment submitted by the Cantractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Qwner shall make progress payments an account of the Contract Sum to the Contractor as provided below and elsewhere izt the Contract Documents. § 5.2 The period covered by each Application for Payment shall be Dire calendar month ending on the last day of the month, or as follows: § 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the Twenty-fifth day of a month, the ©wner shall make payment to the Contractor not later than the Thirtieth day of the fallowing month. If an Application for Payment is received by the Construction. Manager after the application date fixed. above, payment shall be made by the ®wner not later than Sixty (60) days after the Construction Manager receives the Application for Payment. 5.4 Each Application far Payment shall be based upon the Schedule of Values submitted by the Cantractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Wark and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Maz7ager ar Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis far reviewing the Contractor's Applications far Payment. 5.5 Applications for Payment shalt indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5,6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that partian of the Work in the Schedule of Values, less retaznage of Five percent (5.00% }. Pending final. deterrr~inatian of cost to the ®wner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.7 of the General Conditions; § 5.6.E Add that partian of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incc>rparation in the completed construction (or, if approved in advance by the C7wner, suitably stared off the site at a location agreed upon in writing}, less retainage of Five percent (5.00% }; ~ 5.6.3 Subtract the aggregate of previous payments made by the £)wner; rand § 5.6.4 Subtract amounts, if any, far which the Construction Manager or Architect has withheld or nullified a Certificate for Payznezit as provided in Section 9.S of the General Conditions. 5.7 The progress payment amount determined in accordance with Section S.fZ shall be further znadified under the fallowing circumstances: § 5.?.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total paymentss to I`Iinety- five percent (95.00% ) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and init. A8A t3o~ rnent dAtOt70L_~T~ - t992. ~ _ pyright ©1992 by The American Enstitute of Arehite s. , { ~gtrts reseraed. ma This document was produced by 3 / AIA software at 1 1:22:54 on 12/30/2008 under Order No.1000380482_1 which expires on 12/4(2009, and is not for resale. User Notes: (4290382481) 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.1 t1.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as fellows: (ff it is intended, prior to Sul7stczntial Ctarnpletloaa cif the entire Work, to a~educe or linai~t the retai~azage resulting ~raraa flee percentages inserted in. ~ev'ttons 5.6.T and 5.6.2 ahcve, sand dais is not explcalraed else~vlaere lea tl2e ~'ontraet I)ocr~rnents, insert here previsions for sttelt redaa~ction or limitation.) ARTICLE 6 FINAL PAY(~ENT Final payment, constituting the entire unpaid balance of the Contract Sutra, shall be made by the ®wner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided its Section 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and ('2} a final Project Certificate for Payment has been issued by the Construction Manager and Architect; such final payment shall be made by the C3warer not more than 3Q da}~s after the issuance of the final Project Certificate fc>r Payment, or as follows: After the contractor has satisfactorily completed all non-conformed work, IulfiIled all final close-out requirements in accordance with. the Contract Documents. ARTICLE 7 ISCELLANEUS PRCVISIDNS .a_ _ n_ § 7,i "v`'e/here reference is made in this; Agreement to a provision of the General Cunciitlatis er atrourec c.virtraCt Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7,2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (la~zsert rate of iaatea•est agreed upon, if anti.) At legal rate of interest as set by Minnesota Statutes. (Usury laws and requireraaents under the Federal Trtath in Lending Act, sina~ilar s~tcate and local coaasuaner c~reclit Zaws and ether regtdations at flee Owzxer's and Contractor's prin,ripczl places of l7usiness, the location of the Project and elsewhere naay affect tFte validitw ~f dais prrruisi<zrz. Legal advice .rizUUld be obtained with respect to deletions <zr anodi~eati~oravs~, aaad also regcardirag requ~i~renzents sta~ch czs written disclosures or waivers. j § 7,3 Temporary facilities at~d services: (E7ere insert ternpurary fctcili~ties aaad services rl~laicdz aa•c~ dij~erent.froaaz or in addition to ttaose ixac:luded elsewhere in trite C(3PZIrttCt Llacuanents.) This contractor is responsible for all temporary facilities; as identified in the Project Manual; including but net limited to leading, unloading, materials storage and protection, lays}ut, clean-up, heisting, scaffolding, bracing, safety, barricades, guard rails, protection of Work and surrounding Wark, as specified. Location of site stared materials and temporary facilities shall be coardi.~tated ;vith tE~e Construction ManagerlSite Representative. § 7,4 Uther Previsions: (Here list an~~ special pravisiorzs cz~f~ec°ting flee Contract.} See ixhibit A, attached. ARTICLE TER INATIC CR SliSPENSID .1 The Contract may be terminated by the (?wner or the Contractor as provided in Article 14 of the General Conditions. inif. 'A Uoour .rtf Cw904/~_ T~ - f S ~a Syr" t O 1992 by The American Institute of Architects. ~;:: ria ~ resersre : Fhis document was produced by 4 / AIA software at 11:22:54 on 12/30/2008 under Order No.1000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: (4290382481 } t3.2 The Mork may be suspended by the Owner as provided in Article 14 of the General Conditions Daet{rnent Tula Pages Division 0 Bidding and Contract 164 Requirements Division I General Requirements 38 § 9,1.4 The Specifications are those contained in the Project Manual dated as in Section 9.1..3, and are as follows: (Ei~tlzer list tlae S`pecijzcatirrra.r here nr• refer tv can exhibit ctttc~cftect to this ~9greernen~t.) Secti~tt Project Manual - Boak One, Phase Three Project Manua}, Baok Twa, Phase Three Tula Pages Bid Packages as prepared by 331 Buetow and Associates, Inc. dated October 30, 2008 Bid Packages as prepared by 305 Buetow and Associates, Inc. dated October 30, 2008 9.1.5 The Drawings are as 1'allaws, and are dated Oetaber 30, 2008 unless a different datets shown below: (Either list the L)rawi.r2gs here or- refer to cart exhibit attacFtec/ to this Agreement. } Nttt~bes Title date A0.0 Cover Sheet C2 Paving Plan (far reference) 9/X/2008 A3.I Lower Level Floor Plan A2.2 Main Level Floor Plan A2.3 Mezzanine Floor Flan A3.I Building Elevations & Sections A3.2 Building Elevations A4.1 thru A4.S Wall Sections A4.6 and A4.7 Stair & Elevator Sections & Enlarged Plans A4.8 Stair Sections and Details A4.9 Details & List of Abbreviations AS.I Enlarged Floor Plans AE.1 and A6.2 Interior Elevations A6.3 Lobby Elevations & Enlarged Lobby Plans A6.4 Interior Elevations & Details A7.1 Lower Level Reflected Ceiling {nit. AiA Uocurnertt A t091C T"r - t _. Co~vriasht O 1992 bw The American Institute of Arci =cts. AI s ~ser~es9. "~ nis document was produced by ~ AIA software at 11:22:54 on 12/30/2008 under Order No.1000380482_1 which expires on 12/4/2009, and is not for resale. User Notes: (4290382481} Plan A7.2 Main Level Reflected Ceiling Plan A73 1Vlezzanine Reflected Ceiling Plan. A8.1 Door Schedule A8.2 Door and Frame Details F1.1 Lower Level Furniture Plan (for reference only} Fl.~ Main Level Furniture Plan (for reference only) St thru Sl i Structural Steel MS L 1 Site Plan -Geothermal Wells and Plumbing Ml.l thru M9.1 Mechanical ESI Site Plan -Lighting E2 thru E~ Electrical Init. 9.'x.6 The Addenda, if any, are as follows: Nttrnber fiats Pages 1 11 /19/2008 37 2 l I /l0/z008 i 3 11/25/2008 15 Portions of Addenda relating to bidding requiremerts are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article g. § 9.'1.7 tither documents, if any, foaming part of the Contract Documents are as follows: (Lice here cozy additiona,r documents whicFz are intended to form part of the Contract Z7ocurnezzts. Tl~te general Conditions prolyide tlza~t hiddirzg rec~u~irenzents such a~s advertisement or invitatz~on to f~z~d, Irzstrrsrtiorzs to d3idders, sample fauns and the Contractor's bid are not part of the Cantract Documents unless enzzrrzerateci' iz2 tTzis A,~reernent. 73zey should be listed here only if intended to be part of tlae Contract I3ocr~crnents. ) This Agreement entered into as of the day and year first written above. Gary Peterson, ayor Date iA ocaarraerst P to9(Q ~ -'8992. ~ogaYright C~7 1992 by The nerkcan Enstitufe of Architects. "gf r8gh-- reserved. 6 say ~„ 1 his document was produced by AIA software at 1 1:22;54 on 12/30!2008 under Order No.1000380482__1 which expires on 12!4/2009, and is not for resale. User Notes: (4290382481 } I T T I /C T E C L I T~ PI7 I.II; S G~ TE I.IT B ~ISg I T Within five (5) working days after award of the Contract, this Contractor must submit to the Construction Manager, a list of materials, products, equipment, materials suppliers and subcontractors they will use to perform their portion of the project. 2. Within five (5) working days and prior to starting work on site, this Contractor must submit Insurance Certificates for the project in the amounts detailed in Specification Section 00810 -Supplemental and Special Conditions to General Conditions of the Contract for Construction. The Owner, Architect, and EDS Builders shall be named as addition?? insureds, 3. Within five (5) working days after award of the Contract, this Contractor shall submit a detailed schedule showing material deliveries, major work items, working periods and projected completion of the contracted portion of the work. The Contractor's schedule shall be in accordance with Schedule Section 00210, unless otherwise noted in this agreement. 4. Within five (5) working days after award of the Contract, this Contractor shall provide a typed schedule of values on AIA Document G703 - Schedule of Values, with breakdown of material and labor as directed by the Construction Manager, and in compliance with Article 5.4 of this Contract. 5. Within five (5) working days after award of the Contract, and prior to beginning work on-site, this Contractor must submit its safety program to the Construction Manager for review. 6. Prior to beginning work on-site, this Contractor shall submit to the Construction Manager's site office, material safety data sheets for alI applicable materials to be used on-site. 7. The Contractor shall coardinate its safety program with that of the other Contractors on the site as specified in the Contract Documents including all Government regulatory agencies having jurisdiction on this project. 8. Inclusions and/or exclusions noted in the Contractor's proposal are not included unless specifically stated in this agreement. 3. Contract Sum stated in Article 4.1 includes the cost of all necessary or required insurance, permits, sales tax (if applicable), royalties, patents, etc. Bond Number: 006a672 THE AMERICAN INSTITUTE 4F ARCHITECTS AIA Document A392 Performance Band Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): MINNESOTA ELEVATOR, INC. 19336 607TH AVENUE MANKATO, MN 56001 OWNER (Name and Address}: CITY OF COLUMBIA HEIGHTS 590 40TH AVNUE NE COLUMBIA HEIGHT5, MN 55421 SURETY (Name and Principal Place of Business): OHIO FARMERS INSURANCE COMPANY P.O. BOX 5001 WEJ 1 FIELD GEN T GR, vH 44251-500 i CONSTRUCTION CONTRACT Date: DECEMBER 8, 2008 Amount: ONE HUNDRED SIXTY THOUSAND SEVEN HUNDRED NINETY-EIGHT AND 001100 DOLLARS ($160,798.00) Description (Name and Location): COLUMBIA HEIGHTS PUBLIC SAFETY CENTER, 825 41ST AVE. NE, COLUMBIA HEIGHTS, MN 55421 BOND Date (Not earlier than Construction Contract Date): JANUARY 30, 2009 Amount: ONE HUNDRED SIXTY THOUSAND SEVEN HUNDRED NINETY-EIGHT AND 00/100 DOLLARS ($160,798.00) (viodifications to this Bond: ®None ~ See Page 3 CONTRACTOR AS.PP.INCIPAL SURETY _ --~" Company: MINN~SO ELE ATOR, 1. Company: ~,.=-OFIIO~FARMER~SURANt%k. COMPAiVY i` Cor orate Seal ,F ~CorpoF2 ~ealj Signature: _ - Signat : - - ,~ _ Name and Title: Name and Title: DUANE MISCHKE ATTORNEY-IN-FAC:T (Any additional signatures appear on page 3} (FOR INFORMATION ONLY---Name, Address and Telephone) AGENT ar BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party}: RJF AGENCIES, INC. BUETOW AND ASSOCIATES, ING. 6000 NATHAN LANE NORTH SUITE 400 2345 RICE STREET SUITE 210 MINNEAPOLIS, MN 55442 ST. PAUL, MN 55113 763-746-8000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT 80ND • DECEMBER 1984 ED. •AIA ® A312-1984 1 THE AMERfCAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2660"0 • THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. !f the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall riot waive the Owner's right, if any, subsequently to declare a Gontractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract- Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.4~ Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount far which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, ar 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Gonstruction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance of the Contractor. 4.3 Obtain bids or negotiated proposals from 7 The Surety shall not be liable to the Owner or others for qualified contractors acceptable to the Owner fora obligations of the Contractor that are unrelated to the contract for performance and completion of the Gonstruction Contract, and the Balance of the Contract Construction Contract, arrange for a contract to be Price shall not be reduced or set off on account of any prepared for execution by the Owner and the such unrelated obligations. No right of action sha(I accrue contractor selected with the Owner's concurrence, to on this Bond to any person or entity other than the Owner be secured with performance and payment bands or its heirs, executors, administrators or successors. executed by a qualified surety equivalent to the bands issued on the Construction Contract, and pay to the 8 The Surety hereby waives notice of any change, Owner the amount of damages as described in including changes of time, to the Construction Contract or Paragraph 6 in excess of the Balance of the Contract to related subcontracts, purchase orders and other Price incurred by the Owner resulting from the obligations. Contractor's default; ar AIA DOCUMENT A31Z • PERFORMANCE BOND AND PAYMENT BEND • DECEMBER 1984 ED. • RIA ® A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W_, WASHINGTON, D_C. 20006 + THIRD PRINTING + MARCH 1987 9 Any proceeding, legal or equitable, under this Band may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 1D Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement ghat) he dearrlcd inenrpnrated herein. The Intent iS til?t this Bond shallVbe construed as a statutory bond and not as a common law bond. 12 DEFINIT{ONS MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, v/hich has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.} CONTRACTOR AS PRINCIPAL Company: Signature: _ Name and Title: Address: (Corporate Seal} SURETY Company: Signature: _ Name and Title: Address: (Corporate Seal} AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA C~J A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • THIRD PR{NTING • MARCH 1987 Bond dumber: 0060672 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner ar other party shall be considered plural where applicable. CONTRACTOR {Name and Address}: MINNESOTA ELEVATOR, INC. 19336 607TH AVENUE MANKATO, MN 56001 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 590 40TH AVNUE NE COLUMBIA HEIGHTS, MN 55421 SURETY {Name and Principal Place of Business): OHIO FARMERS INSURANCE COMPANY P.O. BOX 5001 WESTFIELD CENTER, OH 44251-5001 CONSTRUCTION CONTRACT Date: DECEMBER 8, 2008 Amount: ONE HUNDRED SIXTY THOUSAND SEVEN HUNDRED NINETY-EIGHT AND 001100 DOLLARS ($160,798.00) Description (Name and Location): COLUMBIA HEIGHTS PUBLIC SAFETY CENTER, 825 41ST AVE. NE, COLUMBIA HEIGHTS, MN 55421 BOND Date (Not earlier than Construction Contract Date): JANUARY 30, 2009 Amount: ONE HUNDRED SIXTY THOUSAND SEVEN HUNDRED NINETY-E[GHT AND 00/100 DOLLARS {$160,798.00) Modifications to this Bond: ~ None ~ See Page 6 CONTRACTOR APR,INCIPA SURETY -- Company: MILAN SO A EL VATO . C. Company: ;OHIO FARME S~INSURANCE GOMPAiVY -°'~" ~ ~ ,~.~~~-~-.(Cprps~l} ,l ,.,/ =~ ~ ~,{Cor r~rafe Seal1 _ t r Signature: g t~[___~"`~~ Name and Title: Name and Title: DUANE MtSCHK;= ATTORNEY-IN-FACT (Any additional signatures appear on page 6) (FOR INFORMATION ONLY---Name, Address and Tetephane) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): RJF AGENCIES, INC. BUETOW AND ASSOCIATES, INC. 6000 NATHAN LANE NORTH SUITE 400 2345 RICE STREET SUITE 210 MINNEAPOLIS, MN 55442 ST. PAUL, MN 55113 763-746-8000 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND .DECEMBER 1984 ED. • AIA O A312-1984 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008 • THIRD PRINTING • MARCN 1987 1 The Gontractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner r"rom claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12} of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12} and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: ~~ .1 Have furnished written notice.- to fhe' Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12} and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 if a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or othenrrise have obligations to Claimants ~~uhder this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1 } on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii}, ar (2} on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1} or (2} first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the droner or the Contractor shall be mailed ar delivered to the address shown on the AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA © A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • THIRD PRINTING • MARCH 1967 signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory ar legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 1~ Upon request by any person ar entity appearing to be a potential bens iciary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: PARAGRAPH 5 IS DELETED IN ITS ENTIRETY. materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without (imitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items far which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. PARAGRAPH 6 IS DELETED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: 6. WHEN THE SURETY HAS RECEIVED NOTICE AS REQUIRED IN PARAGRAPH 4 ABOVE, THE SURETY SHALL TAKE THE FOLLOWING ACTION: S.1} SEND AN ACiSNOWLEDGMENT LETTER TO THE CLAIMANT, WITH A COPY TO THE OWNER, REQUESTING INFORMATION AND DOCUMENTATION NECESSARY TO INVESTIGATE THE CLAIM. 6.2) AS SOON AS REASONABLY PRACTICAL UNDER ALL CIRCUMSTANCES, AND AFTER HAVING RECEIVED THE REQUESTED DOCUMENTATION FROM 7HE CLAIMANT, INCLUDING A PROPERLY EXECUTED AFFIDAVIT OF CLAIM, ADVISE THE CLAIMANT OF THE STATUS OF THE CLAIM. NO PROVISION OF THIS BOND SHALL BE INTERPRETED TO WAIVE OR DISCHARGE ANY RIGHT OR DEFENSE OF THE SURETY OR THE CONTRACTOR. NO ACTION OR FAILURE TO ACT BY THE SURETY OR THE CONTRACTOR SHALL BE CONSIDERED TO BE AN ADMISSION OF LIABILITY OR A WAIVER OF THE CONTRACTOR OR SURETY'S RIGHT TO DISPUTE A CLAIM IN WHOLE OR IN PART. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: Signature: Name and Title: Address: (Gorporate Seal) Signature: _ Name and Title: Address: (Corporate Seal) AlA DOCUMENT p312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA O A312-1984 6 i THE AMEP.ICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 • THERD PRINTING • tnARCH 1987 . ACKNOWLEDGEMENT OF CORPORATE SURETY On this 30TH day of JANUARY 2009 before me appeared DUANE MISCHKE , to me personally known, who, being duly sworn, did say that he or she is the ATTORNEY-IN-FACT of OHIO FARMERS INSURANCE COMPANY , that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said DUANE MISCHKE acknowledged said instrument to be the free act and deed of said corporation. .. ~,~ i {;~ , (Nctarial Seal) .2'~rA:^:~ r+"t1~"(;; `~?`~i`'-~'~'~'~`~'~~ ~ Notary Public ~~?~+y G9iFlttrt£~t4t{ r~~!(w I(ol/7_Q{L~'' THIS ROWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 10128/08, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 2263422 02 Power ~ estfiel Insurance o. Of Attorney estfield t~la~ional Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know Atl Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint KAREN SWIHART, CHRISTINE SCOTT, WENDY SCHMID, ANN SCHULER-ACKERBERG, THOMAS ZIEMANN, ^EONNE M. FABECK, PATRICIA H. BORCHERS, DUANE MISCHKE, JOINTLY OR SEVERALLY of MINNEAPOLIS and State of MNits true and lawful Attorneys}-in-Fact, with full power and authority hereby conferred in its name: place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments ar contracts of suretyship-- - ---- --------------------- -- ---- -------------------------- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming ail that the said Attorneys}-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutlbn adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be !t Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive ar other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and an behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknawiedoe and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be ii Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 21700). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 28th day of OCTOBER A. D., 2008. . ~„W,tna4ayrN Corporate ~~~=~R~~~+,,~ Seals 1 ,,C 6~ Affixed ~~v r'"~, •ti¢'' s ,..:' ;o$ ~t ~~ State of Ohio~~'~aw,,.aw County of Medina ss.: SEAL ~' ~~. :~o; r„*,a .. ""°"°"""'°' WESTFIELD INSURANCE COMPANY +y~u-:'!;!'~~"'3 WESTFIELD NATIONAL INSURANCE COMPANY ~'~:C~~E~,~~i~ OHIO FARMERS INSURANCE COMPANY a. 184i~D~a 3 '- a :, .o, : 4~ _ ~~ Richard L. iiinnaird, Jr., Senior Executive On this 28th day of OCTOBER A.D., 2008 ,before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notari of ~~,..~rwaa„~ ~ Seal o```~~A` '', Affixed ~P: •-....1. S` -.- Q.:`~t11.11/ v z z. ~,,,,' -' r Vtililliam J. Kaheiin, A rney at Law, Notary Public State of Ohio t1t ~ ~-'al?o My Commissien Does Not Expire (Sec. 147.03 Ohio Revised Code} County of Medina ss.. y ~-~1~, ...rF pF ®. I, Frank A. Camino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. to Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohia, this 30~j~ day of January A•D•, 2009 ~„rstNUq„,r ~ C +,,,Y,+Y,f„ „' P,. •. Nan ~ +*,,,aaraaPld/lole ,•''' , y ` • ~d ~~ Z-P ~ ~• ~E ` : rty • •~ c Wiz, ri$ 7dLt .L '-,~'v'. ~~ ® 1848 Frank A. CarrinoSecret `~¢ BPOAC2 (combined) (06-42) CERTIFICATE OF LIABILITY INSURANCE OP ID AS DATE{MMfDD1YYYY} ACORD ,~ MINNELE O1 06 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RTF Agencies, Inc. Plymouth HO<_DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 400 6000 Nathan Lane N. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , Minneapolis MN 55442 Phone: 763-746-8000 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: 'T'ravelers Insurance Co ____ Minnesota Elevator, Inc. INSURER B: $FM ( _ Vertitron Midwest, Inc k Lowenber Ri INSURER C: Lexington Insurance Company g .e 19336 607th Avenue INSURER D: Mankato MN 56001 INSURER E: rnticonr_cc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH S. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIE LTR hNSRq II TYPE OF INSURANCE POLICY NUMBER DA7EYMMiDDnY)E PDATE (MMPD !YY N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERALLIABIL(TY 630 $67K9454 07/01/08 07/01/09 occurence) I $ 100 x000 PREMISES(Ea CLAIMS MADE ~ OCCUR . one person) MED EXP (Any _ $ 5 , OOO , PERSONAL & ADV INJURY ~ $ 1 , OOO , OOO GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATELIMITAPPLIES PER: PRODUCTS- COMPlOP AGG $ 2 , OOO , OOO X POLICY n JECOT- n LOC E Seri. I 1M/2M AUT OM081LE LIABILITY COMBINED SINGLE LIMIT 000 000 $ 1 A '; X ANVauTO 810 86?K9454 07/01/08 07/01/09 (Ea accident} , , -- ~ ALL OWNED AUTOS BODILY INJURY $ i '~, ~ SCHEDULED AUTOS (Per person} I HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AU?0 ODlLY - EA ACCIDENT I $ EA ACC I $ ANY AUTO OTHER THAN AUTO ONLY: AGG I $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE I $ 5 , OOO , OOO C ~ OCCUR ~ CLAIMS MRDE 7613430 07/01/08 07/01/09 AGGREGATE ( $ 5, OOO , OOO ~~" I $ '~ DEDUCTIBLE I $ X RETENTION $ 1O , OOO ( $ VYORKERS COMPENSATION AND x TORY LIMITS ER S EMPLOYERS' LIABILITY 024038.304 07/01/08 07/01109 E.LEACHACCIDENT $ 500,000 ANY PROPRIETORlPARTIJER/EXECUTIVE S OOO OO OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYE $ 5 , If ves, describe under ~ DISEASE-POLICY UMfT L E $ 5OO OOO SPECIAL PROVISIONS below I . . , OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS RE: Columbia Heights Public Svc Ctr 1-2, MEI Project ~HP2265-IiP2266; EDS Project #0806. Certificate holder is named as additional insured with respects to operations of the named insured subject to terms & conditions of the policies as their interest may appear. r~r~-rlcarn-rG unl nl=Ga CtaRIC;CLLlAIItJIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City t3f C:C+lumbla Heights IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 509 40th Ave NE htS Aga 55421 Hel bl C l REPRESENTATIVES. g um a O AU R1ZED R RE AT E ACORD 25 (2001/08) v O ACORD CORPORATION 1988 ennPOR-rarv-r If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). ®iscL.~iMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1/08} OP ID AB DATE IMM/DD/YYYY) ® 1 ~ ' ~ V V 1 \ll, i V 1 fi f G/!!L ~ 1 ~' l1 ~' i ~~' ~' . ..r . J V L V P1 1 MINNELE O1 06 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RJE Agencies, Inc. Plymouth HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 400 6000 Nathan Lane N. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , Minneapolis MN 55442 Phone: 763-746-8000 INSURERS AFFORDING COVERAGE NAIG # INSURED INSURER A: `i.'ravelerS Insurance Co _ _ Minnesota Elevator, Inc. INSURER B: SFM _ _ Vertitron Midwest, Inc Rick Lowenber INSURER C: Lexington Insurance Company g 19336 607th Avenue INSURER D: Mankato MN 56001 - INSURER E: rnvs=Rar,F~ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE POLICY PERIOD INDICRTED. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR 6NSR TYPE OF INSURANCE POLICY NUMBER DATEY EFFECTIVE (MMiDDlYY} POLICY EX (RATION DATE (MMIDDtYY LIMITS GENERAL LIABILITY EACH OCCURRENCE '' $ 1 , OOO , OOO A X X COMMERC{ALGENERALLIABILIIY 630 867K9454 07/01/08 07/01/09 ~; $ 100,000 _ _ PREMIS=s (Eaoccurence} CLAIMS MADE ~ OCCUR . MED EXP (Any one person) ~~, $ 5 , OOO PERSONAL & ADV INJURY ~ $ 1 , OOO , OOO ~ GENERAL AGGREGATE $ 2 , OOO , OOO '~ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OOO POLICY PRO- n LOC JECT E Ben. 1M~2M AUT _ OMOBILE LIABILITY ~ COMBINED SINGLE LIR41T ®OO 000 $ 1 A ', i X ANY AUTO 810 867K9454 07/01/08 07/01/09 , , (Ea accident) ~ '; ALL OWNED AUTOS BODILY INJURY $ i,~ SCHEDULED AUTOS {Per person) ~' HIRED AUTOS BODILY INJURY ~, $ NON-OWNED AUTOS (Per accident) I PROPERTY DAMAGE ~ $ {Per accident)' GARAGE LIABILITY AUTO OfJL`f - EA ACCIDENT ', $ ANY AUTO OTHER THAI) EA ACC . $ AUTO ONLY AGG $ I EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE ', $ 5 , OOO , OOO C X OCCUR ~ CLAIMSMADE 7613430 07/01/08 07/01/09 AGGREGATE $ S,000,OOO j$ DEDUCTIBLE ~ $ X RETEIJTION $10 , 0 0 0 ' $ ( YJORKERS COMPENSATION AND X (TORY LIMITS ER B EMPLOYERS' LIABILITY 024038.304 07j01/08 07/01/09 ~ E.LEACHACaDENT I $ 500,000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYED $ SOO , OOO ~ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 5OO , OOO OTHER DESCRIPTION OF OPERATIONS ! LOCATIONS J VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS RE: Columbia Heights Public Svc Ctr 1-2, MEI Project #HP2265-HP2266; EDS Project #0806. Certificate holder is named as additional insured with respects to operations of the named insured subject to terms & conditions of the policies as their interest may appear. CERTIFICATE HOLDER CANCELLATION Buetaw and Associates Inc. 2345 Rice Street Suite 210 St. Paul MN 55113 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 12001/081 O ©ACORD CORPORA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements}. 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 endorsements}. DISCLAIMER The Certificate of Insurance on the reverse side of this farm does not constitute a contract between the issuing insurers}, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. n ?5 (2nn1/a81 OPID A8 DATE (MM/DDIYYYY} l~'~I 1 1 '1~~V~\/"1,i~1 OR~ A T ~ ~ ~ I ~ . l ir VA 1 V1. 1 1 ` MINNELE O1 06 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I2~TF Agencies, Inc. Plymouth HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 400 6000 Nathan Lane N. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW , Minneapolis MN 55442 Phone: 763-746-8000 ENSURERS AFFORDING COVERAGE NAIG # INSURED INSURER A: Travelers Insurance CO Minnesota Elevator, Inc. wsuRERe: SFM Vertitron Midwest, Inc Rick Lowenber INSURER C: Lexington 2nsurance Company g 19336 607th Avenue INSURER D: Mankato MN 56001 INSURER E. CCIVFRAC~FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT , MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH S. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIE LTR NSRq II TYPE OF INSURANCE POLICY NUMBER DATE (MPdIDDiYY}E DATE f MPDDIYYON LIMITS GENERAL LIABILITY EACH OCCURRENCE j $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY 630 867K9454 07/01/08 07/01/09 PREMISES (Eaoccurenc~ $ 100,000 CLAIMS MADE [~ OCCUR MED EXP (Any one person) $ 5 ,_OOO PERSONAL & ADV INJURY $ 1 , ^OO , OOO GENERAL AGGREGATE $ 2 , OOO , OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OOO I ~ POLICY n PE~ ~ LOC Emp Ben. I 1M~2M AUTOMOBILE LIABILITY COMBINED SINGLE LIPAIT $ 1,0®0,00® A X ANY AUTO 810 867K9454 07/01/08 07/01/09 tea accident} f ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident} GARAGE LIABILITY ~ I AUTO ONLY - EA ACCDENT $ AIJY AUTO OTHER THAN EA ACC I $ AUTD ONLY: AGG '.. $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE ~ $ 5 , OOO , OOO C ~ OCCUR ~ CLAIMSMADE 7613430 07/01/08 07/01/09 AGGREGATE i $ 5,000,000 $ DEDUCTIBLE ~ $ i~ RETENTION $ 1O , OOO ~ ~'' $ WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS' LIABILITY 024038.304 07/01/08 07f01/09 E. L. EACH ACCIDENT$500,000 -" ANY PROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? - -"'-7 E.L. DISEASE- EA EMPLOYES $ SOO , OOO If yes, describe under DISEASE-POLICY LIMIT ($ 5OO OOO E L SPECIAL PROVISIONS below , . . OTHER DESCRIPTION OF OPERATIONS /LOCATIONS ! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: Columbia Heights Public Svc Ctr 1-2, MEI Project #HP2265-HP2266; EDS Project #0806. Certificate holder is named as additional insured with respects to operations of the named insured subject to terms & conditions of the policies as their interest may appear. E`FRTtFIf°LiTF NfSE (lFR CANCELLATION EDS Builders 404A Saint Croix 'Trail North Lakeland MN 55043 /08} SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI( DATE THEREOF, THE ISSUING INSURER VJILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 988 fMP4RTA1dT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 riot confer rights to the certificate holder in lieu of such endorsements}. DISC~AlMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively ar negatively amend, extend or alter the coverage afforded by the policies listed thereon.