Loading...
HomeMy WebLinkAboutContract 22932293 Professional Services Agreement ~4 Bonestroo TNIS IS AN AGREEMENT, effective on = _ 2010, between the City of Columbia Heights ("Client") and Bonestroo, Inc. ("Consultant"} for professional technical services, and includes the Terms and Conditions attached as Appendix A. Client and Consultant agree as follows. 1. Notices Any notices required by this Agreement shall be given to the person below: Consultant: Kevin P. Kielb, PE Bonestroo, Inc. 2335 Hwy 36 W St. Paul MN 55113 (651) 604-4760 (phone} (651} 636-1311 (fax) kevin.kielb@bonestroo.com Client: Kevin Hansen, PE City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 (763) 706-3705 (phone) (763) 706-3601 (fax) kevin.hansen@ci.columbia-heights, mn.us Each party shall promptly notify the other in writing of any changes to the above. All notices required by this Agreement shalt be delivered in writing by email, first-class mail, fax or personal delivery, and shah be effective upon receipt. 2. Project Description/Understanding The "Project" is described generally as follows, and in mare detail in Appendix B: Savers Property Condemnation. 3. Consultant's Services and Compensation Consultant shall provide "Basic Services" for the Project for payment by the Client as outlined in Appendix B. For "Supplemental Services" (services authorized by the Client which are not included in Basic Services), the Client will pay the Consultant on an hourly basis, plus Reimbursable Expenses. As an alternative if agreed to by both parties, the Client will pay the Consultant on a lump sum basis where the amount is negotiated between the two parties. 4. Billing Efate 5ci~edule Consultant`s hourly charges will be based on the billing rate schedule in Appendix C. Please return one signed copy of this Agreement to Kevin Kielb as notice to proceed. I ITNE~~ EREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CONSULTANT: HONEST € , TNC. .. E ' By C?avid O. oskota, Contracts Officer Date ''e ~o~ CLIENT: CITY OF COLUMBIA HEIGHTS Expert Testimony Services Appendix A Terms and Conditions for Expert Testimony Consulting Services Section 1. Consultant`s Services Consultant shall act as the Client's agent only as provided for within this Agreement. Section 2. The Client's Responsibil"sties The Client shall: 1} Provide full information as to its requirements for the Project. 2) Place at Consultant's disposal all available written data in the possession of or readily available to the Client and pertinent to the Project. 3} Provide access to any physical site related to the Project and make all provisions for the Consultant to enter upon public and private lands as required by the Consultant to perform its services. 4) Designate a single person to act as the Client's Representative with respect to the Consultant's services. 5) Warrant that funds are or Gvi(I be available far prompt payments to Consultant, as Consultant is not a co-venturer with Client and Consultant's payments are not contingent on any other event. In performing its services, the Consultant may rely upon the accuracy and completeness of all Client-provided information. Section 3. Compensation 3.1 P~ment For Reimbursable Expenses amounts owing pursuant to the terms of this Agreement, the Client agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. 3.5 Estimates of Fees Unless expressly stated otherwise, Consultant's fees are estimates based on the information available and are not a guaranteed maximum price. Section 4. General Considerations 4.1 Standard of Care The Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall modify the foregoing standard of care. The Consultant shall not be required to sign any documents that would result in it having to certify, guarantee or warrant the existence of conditions whose existence the Consultant cannot ascertain. 4.2 Delays Both the Consultant and the Client will put forth reasonable efforts to complete their respective duties in a timely manner. Because the Consultant's performance must be governed by sound professional practices, the Consultant is not responsible far delays occasioned by factors heyond its control or that could not reasonably have been foreseen at the time of preparation of this Agreement. 4.3 Insurance Unless others^rise provided, in addition to Consultant's fees, the Client will pay the Consultant for Reimbursable Expenses on the basis of the Consultant's cost plus 10°Io. Although not a complete list, examples of Reimbursable Expenses include: the costs of documents reproduction; mileage; trove! and per-diem expenses of the Consultant for out-of-town trips required for the Project; long distance telephone calls and faxes as required to expedite the work; postage and delivery charges; any new taxes, fees cr costs imposed on the Consultant's services (such as safes taxes} after the date of this Agreement; and out-of-pocket expenses incurred directly for the Project. 3.2 Obiections to Invoices/No Deductions It is important for the Consultant to be promptly informed of problems. If the Client objects to any portion of an invoice, the Client shall notify the Consultant in writing within twenty days of the invoice's receipt. The Client agrees to pay any undisputed portions of an invoice. 3.3 Progress Payments The Client will make progress payments to the Consultant in proportion to services performed, as reasonably estimated by the Consultant. The Consultant will invoice the Client by email or first-class mail monthly during the progress of the work and payment is due upon invoice receipt. Client may not reserve as retainage any portion of a payment due under this Agreement. 3.4 Interest/Collection Costs The Client agrees to pay the Consultant 1.5% per month interest on all unpaid invoiced amounts, with interest beginning to accrue 30 days after the date of the invoice. If the Client fails to pay Consultant all 4.3.1 The Consultant agrees to maintain a professional liability insurance policy for its negligent acts, errors or omissions in an amount of at least $4,000,000 per claim and $4,000,000 annual aggregate, on a claims-made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in effect. The Consultant will not canoe{ the insurance until thirty days after providing the Client written notice. 4.3.2 The Consultant shall maintain: 1) Statutory workers' compensation and employers' liability insurance coverage. 2} Comprehensive general liability insurance coverage of not less than $1,000,000 per occurrence and $2,000,000 aggregate. 3) Automobile liability insurance coverage of not less than $1,000,000 combined single limit. 4.4 Instruments of Service 4.4..1 Documents (including Eler_tronie Data) prepared by the Consultant, such as drawings and reports ("Consultant Documents")' are instruments of the Consultant`s professional services, and not products. The Consultant Documents are prepared fora specific Project and may not be used try the Client for other Projects. For health and safety reasons, the Client agrees it will not use the Consultant Documents for other purposes or provide them to other persons. If the Client violates this provision, it waives any resulting claims against the Consultant, and agrees to defend and indemnify the Consultant from any resulting claim or liability (including reasonable attorneys' fees). Expert Testimony Services 4.4.2 Consultant reserves the right to retain the Consultant Documents and any other portion of the items otherwise deliverable to the Client in the event the Client has outstanding delinquent payments due Consultant or is otherwise in breach of this Agreement. 4.5 Electronic Data 4.6.1 If included in Basic Services or Supplemental Services, the Consultant will furnish the Client with files in electronic media format of text, data, graphics, or other written documents ("Electronic Data"} provided in hard copy form. Electronic Data is furnished only far convenience, not reliance by the Client. In the event of any conflict between a hard copy document and the Electronic Data, the hard copy document governs. The Electronic Data shat! be prepared in the current software in use by the Consultant and is not warranted to be compatible with other systems or software. 4.6.2 Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the Client agrees that it will perform acceptance tests or procedures within 60 days after receipt of Electronic Data from the Consultant, after which the Client shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period wit! be corrected by the Consultant. The Consultant makes no warranties, express or implied, regarding the fitness or suitability of the Digital Data. The Client understands that the Digital Data is perishable and subject to undetectable alteration and the Client is solely responsible for it. 4.6 Termination or Suspension 4.6.1 The Client or the Consultant may terminate or suspend this Agreement for substantial non-performance by the other party, including without limitation the failure to make payments in accordance with this Agreement. The party terminating or suspending this Agreement shall give seven days written notice to the other party. If a party seeks to terminate the Agreement far such non- performance, the other party shall have seven days to cure the non- performance before the termination becomes effective. If Consultant properly terminates or suspends this Agreement, Consultant may retain documents otherwise deliverable to the Client and will not be liable for any costs or damages, whether direct ar indirect, resulting from exercising it=_ rights under this paragraph. 4.6.Z If the Project or the Consultant's services are suspended for more than 90 days, the Consultant may terminate this Agreement upon seven days written notice to the Client. The Consultant sha(I have no (lability on account of a suspension by the Client. If a suspended Project is reinstated, an equitable adjustment to file Consultant's compensation may be necessary. 4.6.3 in the event of termination or suspension permitted by this Agreement ar abandonment of the Project by the Client, the Client shall compensate the Consultant for services performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or abandonment itself, together with Reimbursable Expenses. 4.7 Disoute P.esofution _,.. ~. ~~7:1 in ..F;Jr- 3 ~5ai •~~;,, rE ftL~. oa.-....Se ^..~ f7r"~ services under this Agreement, all disputes between the Client and the Consultant arising out of or relating to this Agreement shall be submitted to nonbinding mediation prior to commencing arbitration or litigation. The Mediator's fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper. Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation within 20 days of demand by the other party. If a dispute relates to or is the subject of a lien arising out of the Consultant's services, the Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration. 4.7.2 Unless the Client and the Consultant mutually agree otherwise, all claims, disputes, and other matters in question arising out of or relating to this Agreement which are not resolved by mediation and where the amount in controversy is Tess than $1,000,000, shall be decided by binding arbitration in accordance with the then-most current Construction Industry Rules of the American Arbitration Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a} where the amount in controversy is more than $1,000,000 (exclusive of interest and costs}; (b} when the demand for arbitration is made after the date when a court action would be barred by any applicable statute ar period of repose or limitations; or (c} when the claim or dispute is a claim for contribution or indemnity arising out of a claim by a third party who does not consent to joinder in arbitration. 4.7.3 In the event of litigation or arbitration arising from or related to the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorney's fees and other related expenses. 4.7.4 If the Consultant or the Client intends to assert a claim against the other as a result of a dispute with a third party, the claiming party shall notify the other party as soon as possible, and in any event prior to resolving the dispute with the third party. 4.8 Governing Law This Agreement shall be governed by the {aws of the State where Consultant's aficce is located from v~~hich it provides the ser/ices far this Agreement. 4.9 Integration This is an integrated Agreement and it supersedes al! prier negotiations or agreements between the parties. It shall be modified only by a written document signed by the party sought to be bound. The provisions of this Agreement are severable, and if any provision is found to be unenforceable, the remaining provisions continue to be valid, and the unenforceable provision shall be reformed with a valid provision that comes as near as possible to expressing the intention of the unenforceable provision. 4.10 Assionment and Waiver Except for the Consultant's use of necessary consultants, the Consultant and the Client shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. The waiver of any term or condition or breach thereof by either party shall not constitute a waiver of any other term ar condition or breach thereof. 4.11 Survival of Terms The provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement shall survive expiration or termination of this Agreement. Section 5. Liability Having considered the potential liabilities that exist during the performance of the Consultant's services, the benefits of the Project, the Consultant's fee for its services, and the promises contained in this Agreement, the Client and the Consultant agree that risks should be allocated in accordance with this section, to the fullest extent permitted by law. Expert Testimony Services 5.1 Indemnification The Consultant and the Client each agree to indemnify each other from liability for losses, damages or expenses (including reasonable attorney's fees) to the extent they are caused by each party's respective negligent acts, errors or omissions relating to this Agreement. In the event the claims, losses, damages or expenses are caused by the joint or concurrent negligence of the Consultant and the Client, they shall be borne by each party in proportion to its own negligence. In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable law. 5.2 Aareed Remedies The aggregate liability to the Client of Consultant, its employees, and anyone else for whom they may be legally liable, for any and all claims, losses or damages arising out of any Project or this Agreement for any cause shall not exceed twice the amount of fees paid by Client to the Consultant pursuant to this Agreement or the sum of $50,000, whichever is greater. Higher limits of liability may be negotiated for an additional fee. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 5.3 Conseauential Damages Neither the Client nor the Consultant steal! be liable to the other for any consequential damages incurred due to the fault of the other or their agents. Consequential damages include, but are not limited to, loss of use and loss of profit. Expert Testimony services Appendix B Consultant's Services Bonestroo's work, in cases such as this one, involves assisting a client as they prepare a defense strategy of property acquisitions through the eminent domain process. The Property The property involved in this proceeding is a Savers in Columbia Heights, Minnesota, in the southeast quadrant of Central Avenue (T.H. 65) and 49th Avenue (Anoka County State Aid Highway 4). Objective of Services This proposal describes the services to be provided by Bonestroo, Inc. (Consultant) for the City of Columbia Heights (Client) relative to the matters described herein. The objective of the Consultant's services will be to assist the Client in preparing a defense strategy related to the property acquisition, and, if necessary, assisting with the presentation of these findings to the condemnation commissioners appointed to consider the case. The Consultant will assist your attorney and real estate appraiser in the condemnation proceeding. Scope of Services Consultant will provide services to the Client in pursuit of the above objective in four phases: Phase 1: General itesearch We will research available informatian related to the subject property to serve as background and foundation for forming an opinion as to its optimal development potential under the planning, zoning, and other regulations in place at the time of the taking. This research wiA include, but is not limited to, base maps, comprehensive plan documents, zoning maps and ordinances, plats, reports, surveys, site plans, building plans, and other such information as we believe necessary to understand the characteristics of the property and the regulations affecting it. This work will involve emails and phone calls with the CCient or Client's representatives, including Client`s attorney, Client's appraiser, Client's other consultants, City or County staff, and others as necessary to complete the research. We will require an accurate site survey, site plan, utility plans, building plans, and other infrastructure plans as available. This phase may also include written and graphic documentation of our findings, but only after discussions and agreement by CCient that such information and findings should be documented. P~"ta~~ t: ~~hibit Pr~paratiCln Following all or a portion of Phase 1 work and agreement by the Client on the general concept for development of the subject property and the approach to be taken in the condemnation proceeding, Consultant will assist the Client with preparation of appropriate exhibits to present to the condemnation commission, and to trial court if necessary on appeal. These exhibits may include board-mounted and colored drawings, maps, graphs, photographs, or electronic presentations, and other such information and illustrations deemed necessary to effectively communicate the case. These exhibits may include a location map, property survey, City Land Use Plan map, City zoning map, Before development plan, taking map, After development plan, summary of losses, and others as needed in discussion with you, your attorney, your appraiser; and others involved. Our proposal assumes the preparation of no more than fifteen exhibits for the hearing. If more are deemed necessary, these will be prepared as additional services on a time plus materials basis. This phase of work does not include any revisions or additions to the information and exhibits between the commissioners hearing and trial, if a trial is necessary. The cost and timing of work for the trial will be negotiated at that time and is beyond the scope of this agreement. Expert Testimony Services Phase 3: Meetings A number of meetings will be necessary in the course of the work, with the Client or their representatives, Client's attorney, Client's appraiser, Client's other consultants, City or County staff, and others as necessary. This proposal assumes five such meetings -one initial meeting, one meeting to review research, and three meetings to review exhibits at various stages of completion. If additional meetings are deemed necessary they will be charged as additional services on a time plus materials basis. Phase 4: Testimony At the condemnation hearing, or at trial on appeal if necessary, Consultant will testify to the research and other work that we have prepared at your request. Testimony will include actual time on the witness stand at the hearing or trial, as well as waiting time when called by you or your representatives, depositions, and other work directly related to testifying. This proposal assumes six hours of testimony. If additional testimony time is needed, it will be charged as additional services on a time plus materials basis. Other Consultants Client will be responsible for retaining other consultants that might be needed to assist in the case, such as architects, engineers, appraisers, or others as determined in discussions as the project proceeds. If others are involved, we will work closely with them at Client's direction in preparing exhibits and testimony. C~mpensatiun Because of the nature of this type of project, both Client and Consultant understand that fees cannot be represented as not-to-exceed amounts for the scope at this time. The scope is somewhat variable at this time, and could change significantly based upon information expected to be received from Savers at a later date. Consultant has estimated a total fee based on previous experience with similar projects. Client will invoice on an hourly basis, with an estimated total fee of $12,480, which includes Reimbursable Expenses. Consultant will not provide services nor incur expenses which would cause its charges to exceed this amount without Client authorization. The Client will be billed monthly for the work completed during the previous month, based on an estimated percentage of completion of each phase of work. The cost of our services through the commissioners hearing are estimated as follows: Scoae Total Phase 1: General Research $ 3,400 Phase 2: Exhibit Preparation 2,800 Phase 3: Meetings 2,800 Phase 4: Testimony 3,000 Reimbursable Expenses 480 Total Estimated Cost $ 12,480 Preparation and Testimony at Trial on Appeal: To be estimated at that time loo work will be done unless specifically directed by the Client or Client's represei~rtatives and believed i iC~eJsa~ y W dl.i IICVC U IC JIaICU VUfCIUVC al IU ayi ccu uNvi i awpc vi vvv~ n. Reimbursable Expenses Client will reimburse the Consultant for all direct expenses relating to the professional services described above. These expenses may include drafting and art supplies, mileage, postage, delivery charges, photography and reproduction charges, fax, long distance phone, and other typical and normal expenses associated with this type of planning work. Any unusual or large expenses will be approved in advance by the Client. Expert Testimony Services Appendix C 2010 Rifling Rate Schedule Classification Hourl Rates Senior Princi al $141.00 - $256.00 Princi al 135.00 - 205.00 S ecialist * 157.00 - 256.00 Pro'ect Mana er ~ 130.00 - 205.00 Senior Geolo ist 125.00 - 205.00 Senior Engineer /Scientist /Architect /Planner / Landsca e Architect 113.00 - 205.00 Architect Landsca e Architect 112.00 - 147.00 Land Surve or 94.00 - 163.00 En ineer Geolo ist Planner 93.00 - 137.00 Scientist 93.00 - 121.00 Desi ner GIS Landsca e Desi ner Gra hies 89.00 - 116.00 En ineerin Technician Senior Pro'ect Technician 78.00 - 116.00 Pro'eet Technician 52.00 - 77.00 Field Su ervisor 91.00 - 160.00 Crew Chief ( 80.00 - 116.00 Ins ector 76.00 - 107.00 Surve Technician 55.00 - 77.00 GPS Surve E ui ment 38.00 Total Station E ui ment 28.00 GIS Workstation E ui ment 22.00 GPS Submeter Unit er use 80.00 Flow Meter er week 200.00 Air Detection E ui ment per half dayj 25.00 * Specialist: Expert in highly technical discipline such as Principal Planner, Market Anal st, and Certified Industrial H ienist Legal Support and Expert Witness Services are comp rates listed above. uted at 2.0 t€mes the These rates are adjusted annually in accordance with the normal review rocedures of Bonestroo, Inc. Expert Testimony Services Client#: 172 BONEINCI ACORDTM CERTIFICATE OF LIABILITY INSURANCE ~Y) 5/12/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN-A/E ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBS STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH STREET STE 2800 MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA: CINCINNATI INSURANCE COMPANY BONESTROO INC INSURER e: CINCINNATI CASUALTY COMPANY 2335 W HWY 36 INSURER C: ST PAUL, MN 55113 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM DD/YYYY POLICY EXPIRATION DATE MM OD/YYYY LIMITS A GENERAL LIABILITV CPP3666870 01 01!2010 01 01 2011 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $5OO OOO CLAIMS MADE a OCCUR INCLUDES: MED EXP (Any one person) $1 O OOO X X('iU OPERATIONS OF PERSONAL & ADV INJURY $1 OOO OOO X BROAD FORM PD SUBS-CONTINGENT GENERAL AGGREGATE $2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: CONTRAGTUAL LIAB PRODUCTS -COMP/OP AGG $2 OOO OOO POLICY X JECOT X LOC A AUT OMOBILE LIABILITY CAA5870245 01/01/2010 01/01/2011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1 OOO ,OOO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUT6 ONLY: AGG $ A EXCESSIUMBRELLALIABIUTY CiPP3666870 O1/O1/2010 01/01/2011 EACH OCCURRENCE $S,000,OOO X OCCUR ~ CLAIMS MADE AGGREGATE $5 OOO OOO $ DEDUCTIBLE $ X RETENTION $ O $ B WORKERS COMPENSATION AND ' WC$96071015 01!01/2010 01/01/2011 X WCSTATU- OTH- EMPLOYERS LIABILITY ANY PROPRIETORfPARTNER/EXECUTEVE E.L. EACH ACCIDENT $100,000 OFFICER/M~M~HFR EXCLUDED? (Man story in ) E.L. DISEASE - EA EMPLOYEE $100,000 if yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $SOO,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ALL WORK PERFORMED ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT W/RESPECT TO GENERAL LIABILITY AND AUTOMOBILE LIABILITY: CITY OF COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _.30_ 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. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 1 of 2 #S372641/M351213 ©1988-2009 ACORD CORPORATION. All rights reservetl. The ACORD name and logo are registered marks of ACORD VLH Client#: 172 BONEINCI ACORD CERTIFICATE OF LIABILITY INSURANCE ~Y) TM 5/12/2010 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION MN-A/E ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE COBS STRECKER DUNPHY & ZIMMERMANN HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH STREET STE 2800 MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: BEAZLEY INSURANCE COMPANY INC 37540 BONESTROO INC INSURER B: 2335 W HWY 36 INSURER C: ST PAUL, MN 55113 INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD YYY POLICY EXPIRATION DATE MM DD Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident} ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident] $ PROPERTY DAMAGE $ (Per accident} GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ __________ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STA O TH- M T EMPLOYERS' LIABIL TY E I . I --°-•-- I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlM~MBER EXCLUDED? 1 andatory ~n } E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ A OTHER ARCHITECTS & V15SK3100301 04/29/2010 04/29/2011 EACH CLAIM: $4,000,000 ENGR PROF LIAB ANNUAL AGG: $4,000,000 CLAIMS MADE INCL POLLUTION DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ALL WORK PERFORMED CEKTIFICATE HOLDER CITY OF COLUMBIA HEIGHTS 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~,0_ 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 AUTHORIZED REPRESENTATIVE AGORD 25 (2009/01) 1 Of 2 #S372648/M370328 ©1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VLH