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Contract 2298
2298 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF COLUMBIA HEIGHTS, MINNESOTA (OWNER) and NORTH VALLEY INC. (CONTRACTOR). OWNER and CONTRACTOR, hereby agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated. in the Contract Documents. The Work is generally described as follows: 2010 STREET REHABILITATION, ZONE 5 ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITY PROJECT NO. 1.002 ARTICLE 3 -ENGINEER 3.01 The Project has been designed by the CITY OF COLUMBIA HEIGHTS' ENGINEERING DEPARTMENT (ENGINEER), who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 22 ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates for Substantial Completion and Final Payment A. The Work will be substantially completed on or before August 31, 2010, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before October 1, 2010. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is ofthe essence as stated in Paragraph 4.01 above and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (hut not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work a~vithin the Contract Timc or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $250.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment. In addition, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $250.00 for each day that expires after the following milestones: • July 1, 2010 for Manhole adjustments in Zone 4 ARTICLE 5 -CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs below: For all Work, at the prices stated in CONTRACTOR'S Bid, attached hereto as Exhibit A. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are 23 not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments,- Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the fifteenth day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made ire an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a. 95% of Work completed (with the balance being retainage). If the Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 98% of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.8.5 of the General Conditions and Less 5% of ENGINEER'S estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 24 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07. ARTICLE 7 -INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate stipulated in Minnesota Statute 161.322. ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cast, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1 }reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities} which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2} reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing so} all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance 25 of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions far performance and. furnishing of the Work. 26 ARTICLE 9 -CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: l . This Agreement (pages 22 to 29 ,inclusive). 2. Performance Bond (pages 1 to 2 ,inclusive). 3. Payment Bond (pages 1 to 2 ,inclusive). 4. Other Bonds (pages to ,inclusive). 5. General Conditions (pages 1 to 49 ,inclusive). 6. Supplementary Conditions (pages 00'700-50 to 00700-58, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings consisting of a cover sheet and sheets numbered 1 through 18, inclusive, with each sheet bearing the general title Zone 5 and the City Project Number. 9. Addenda (numbers 1 to 2 ,inclusive}. 10. Exhibits to this Agreement (enumerated as follows}: a. CONTRACTOR'S Bid (pages 10 to 21 ,inclusive). b. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,inclusive). c. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages 00640-1 io 00640-1 ,inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. 2'7 ARTICLE 10 -MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may became due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law}, and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in t_h_e Contract Documents. 10.04 Severability A. Any provision ar part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions (if applicable). 28 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on June 1 Agreement). OWNER: r--- W erFehst; ~i Mai }?~c,r ~ °~~ Gary Pet soli, ayor _, 2010 (which is the Effective Date of the CONTRACTOR: North Vall Br`~d'Schmidtbauer Title: President [CORPORATE SEAL] (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of O~JNER-CONTRACTOR Agreement). Designated Representative: Name: Title: Address: Phone: Facsimile: Address for giving notices: 20015 Iguana St. NW Ste 100 Nowthen, MN 55330 License No. (Where applicable) Agent fa~° service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.} Designated Representative: Name: Brad Schmidtbauer Title: President Address: 20015 Iguana St. NW Ste 100 Nowthen, MN 55330 Phone: (763) 274-2580 Facsimile: (763) 274-2584 29 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address}: NORTH VALLEY, INC. 20015 IGUANA STREET NW NOWTHEN, MN 55330 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 SURETY (Name, and Address of Principal Place of Business}: UNITED FIRE & CASUALTY COMPANY 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 CONTRACT Effective Date of Agreement: JUNE 1, 2010 Amount: FIVE HUNDRED SIXTY FIVE THOUSAND FIFTY TWO AND 22/100 ($565,052.22) Description (Name and Location}: 2010 STREET REHABILITATION, ZONE 5 BOND Bond Number: 54-181461 Date (Not earlier than Effective Dcrte of Agreement): JUNE 4 , 2010 Amount: FIVE HUNDRED SIXTY FIVE THOUSAND FIFTY TWO AND 22/100 ($565,052.22) Modifications to this Bond Form: NONE Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Band to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY NORTH VALLEY, INC. (Seal} UNITED FIRE & CASUALTY COMPANY Contractor's Names orporate 'eal Scrrety's Namo and Corporate Seal By: By: Signature Brad Schmidtbauer Print Name President T/it,,l"e Attest: /~' ~-~.- ~J t ~ Attest Signature >ichael enina Secretary Title MELISSA M. NORDIN Signature (Attach Power of Attorney) (Seal} Print Name ATTORNEY-IN-FACT Title Signature N/A Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCllC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of I Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. I. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declazing a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than IS days after receipt of such notice to discuss methods of performing the Contract If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perfomt the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perfomt the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself: through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with perfornance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess oI~ the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 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 for which it may he liable to Owner and, as soon as practicable afte r the amount is dctertnined, tender payment therefor to Owner; or , 2. Deny liability in whole cx in part and notify Ow-ner Biting reasans therefor. 4. If Surety does not proceed as provided in Paragraph 3 vvidr reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owvner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. if Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in pan, without further notice Owner shall be entitled to enfarce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall noE be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: 5.1 The responsibilities of Contractor for correction of defective Work and completion of [he Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall aceme on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or pan of the Work is located, and shall be instituted within two years alter Contractor Default or within two years after Contractor ceased working or within two years after 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. 9. Notice to Surety, Ovvner, or Contractor shall be mailed or delivered tcs the address shown on the signature page. ]0. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be constmed as a statutory band and not as a common law bond. I1, I7etinitions. 1 l.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract alter all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims far damages to which Contractor is Entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Cantract. [ 1.2 Cantract The agreement between Oevner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 1 1.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Cantract. l 1 4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other temts thereof FOR INFORMATION ONLY - (Name, Address and Telephone) AMERICAN AGENCY, INC . Surety Agency or Broker: 5851 CEDAR LAKE ROAD Owner's Representative (Engineer or other parry): MINNEAPOLIS, MN 55416 (952) 545-1230 E.1CDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Pale 2 of 2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF ss COUNTY OF On the day of ,before me personally appeared to me known to be the persons} described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF Miruiesota Anoka ss COUNTY OF On the 4th day of June, 2010 before me personally appearedBrad Schmidtbauer to me known, who being by me duly sworn, did say that he/she is the President of North Valley, Inc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said rp ration; and that he/she signed his/her name thereto by,,.ltke order,, ,-f, P ~~~ ~a R~ :;~ x r ~~a ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUN T Y OF Hennepin ss On the 4th day of June, 2010, before me personally appeared Melissa M, Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer orattorney-in-fact of the United Fire & Casualty Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. (Notary Seal) UNITED FIRE & CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does .make, cons#itute and appoint TERRY STARKS, OR DAVID E. SELL, OR ROBERT E. CLEMANTS, OR MELISSA M. NORDIN, OR JOAN K. REMICK, OR MARK E. PAULSON, OR ALAN STARKS, OR BETH N. JOHNSTON, OR DANIELLE CLEMANTS, ALL INDIVIDUALLY of MINNEAPOLIS MN its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds undertakings and other obligatory instruments of similar nature as follows: Any and Al 1 Bonds and to bind .UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V -Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. °'The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, :bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and-seal;-when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in foot, subject to the Nmitations set forth in their respective certificates of authority shad have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused #hese presents to be signed by ti, ~~rvt 6 ti! It BB~l~ ~.,~~~r~'~h5~acr~.,,' its vice president and its corporate seal to be hereto affixed this 3rd day of March, 20117 4 ¢ ~~ ~, ;~ ~ coRraRnrE =z -•- ~~ UNITED FIRE & CASUALTY COMPANY s€ac '.,off ~e-~,. ffBllb111it44~ Sta#e of lawa, County of Linn, ss: Vice President On 3rd day of INarch, 201q, before me personalty came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority :given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ~~ Mary A.dansen Iowa Notarial Seal ~. Commission number ~~ 713273 My Commission Expires 50!26/10 Notary Public i, the undersigned officer of the UNITED FIRE & CASUALTY COfv1PANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the .Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON F{LE IN TF-IE HOME OFF{CE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. ~,,,a~"~"ris~'~~!.,~~ In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company .`~ '~~'~~ this 4TH day of JUNE 20 10 . ®#- a S£AI. Y: ,'r'r/~d ~~~ ~// ' ''~i„~Ri itni `' ~~w Secretary BPOaoo19o7as PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): NORTH VALLEY, INC. 20015 IGUANA STREET NW NOWTHEN, MN 55330 OWNER (Name and Address): CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE, COLUMBIA HEIGHTS, CONTRACT Effective Date of Agreement: JUNE 1, Amount: FIVE HUNDRED SIXTY FIVE Description (Name and Location): 2010 SURETY (Name, and Address of Principal Place of Business}: UNITED FIRE & CASUALTY COMPANY 118 SECOND AVE SE CEDAR RAPIDS, IA 52407 MN 55421 2010 THOUSAND FIFTY TWO AND STREET REHABILITATION, BOND Bond Number: 54-181461 Date (Not earlier than Effective Date of Agreement): JUNE 4 , 2010 Amount: FIVE HUNDRED SIXTY FIVE THOUSAND Modifications to this Bond Form: NONE 22/100 ($565,052.22) ZONE 5 FIFTY TWO AND 22/100 ($565,052.22) Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. Cf3N'I'RACT()R AS >PItIIVCii'AL S UI2ETY NORTH VALLEY, INC. (Seal) _ Contractor's Name -C-~!gt~ 1 By: By: Signature Brad Schinidtbauer Print Name President UNITED FIRE & CASUALTY COMPANY (Seal) Surety's Name and Corporate Seal ~~.~e~, . Signature (Attach Power of Attorney} MELISSA M. NORDIN Print Name Title ~, Attest: ~~j ~>' ~~ .- ~~ Attest: Signature ~ nisi Secretary Title ATTORNEY-IN-FACT Title Signature N/A Title Note: Provide execution by additional parties, szzch as joint venturers, if necessary. {DIw00150d;1} E.1CDC C-615(A) Payment Bond lurch 2008 Prepared try the Engineers Joint Contract Documents Cornmittee. Paee I of 2 Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment famished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 1. With respect to Owner, this obligation shall be null and void if Contractor: I.I Promptly makes payment, directly or indirectly, for all sums due Claimants, and 1.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who famished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 2. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 3. Surety shall have no obligation to Claimants under this Bond until: 3.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described an Paragraph l2} and sent a copy, or notice thereof; to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 3.2 Claimants wvho da not have a direct contract with Contractor: Have furnished written notice to Contractor and sent a copy, or notice thereof, to 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 or equipment were famished or supplied, or for whom the labor was done or perforned; and 2. Have either received a rejection in whole or in part fiom Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim wilt be paid directly or indirectly; and 3. Not having been paid within the above 34 days, have sent a written notice to Surety (at the address described in Paragraph 12} and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice famished to Contractor. 4. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. i. Reserved. 6. Surety's total obligation shall not exceed the' amount of this Bond, and the amount of this Bond shah be credited for any payments made in good faiU~ by Surety. 7. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that a!l funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 8. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that aze unrelated to the Contract. 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 otherwise have obligations to Claimants under this Bond. 9. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 10. 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 Paragraph 4.1 or Paragraph 4.2.3, or (2} on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by la~v, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses spawn on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract teas to be perfomsed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions confornting to such statutory 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. I3. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly lurnish a copy of this Bond or shall permit a copy to be made. 14. Definitions 14.1 Cdaianant: An individual or entity having a direct comract with Contractor, or with a first-tier subcontractor of Contractor, to famish labor, materials, or eyuipment for use in the performance of ttte Contract. The intent of this Band shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, ligtst, heat, od, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and ail other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 14.2 Contract: The agreement between Owner and Contractor identified on the signature page, including alf Contract Documents and changes thereto. 14.3 Owner Default: Failure a£ Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other temts thereof. FOR INFORMATION ONLY - (Name, flddress, and Telephone) AMERICAN AGENCY, INC. Surety Agency ar Broker: 5851 CEDAR LAKE ROAD Owner's Representative (Engineer or other): MINNEAPOLIS, MN 55416 (952) 545-1230 (nlwot-lsn4;l } E.1CDC G615(A) Payment Bond ;1lareh 2008 Prepared by the Engineers.loint Contract Qocuments Committee. Page 2 of 2 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF ss On the day of ,before me personally appeared to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _he_ executed the same as his/her/their free act and deed. (Notary Seal) CORPORATE ACKNOWLEDGMENT STATE OF ~~ COUNTY OF Anon ss On the 4th day of June, 2010 before me personally appearedBrad Schrr>zdtbauer to me known, who being by me duly sworn, did say that he/she is the President of North Valley, Inc., the corporation described in and which executed the foregoing instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpor ~ ;and that he/she signed his/her name thereto by like order ~, a lk yf p? ,~ Pow ~° ~ ~_RL €~¢'® ~ ~ ~'ry~ , ( _tarv S„d~ll~~~~ ~~ ACKNOWLEDGMENT OF CORPORATE SURETY STATE OF MINNESOTA COUNTY OF Hennepin ss On the 4th day of June, 2010, before me personally appeared Melissa . Nordin to me known, who being duly sworn, did say that he/she is the aforesaid officer or attorney-in-fact of the United Fire & Casualty Company a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and seated in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation. f'" ~.-----_ (Notary Seal) UNITED FIRE & CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint TERRY STARKS, OR DAVID E. SELL, OR ROBERT E. CLEMANTS, OR MELISSA M. NORDIN, OR JOAN K. REM2CK, OR MARK E. PAULSON, OR ALAN STARKS, OR BETH N. JOHNSTDN, OR DANIELLE CLE~ANTS, ALL INDIVIDUALLY of MINNEAPOLIS MN its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf ali lawful bonds undertakings and other obligatory instruments of similar nature as follows: Any .and At 1 Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such.. instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney; pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V -Surety Bands and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Campany in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force .and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Campany by their signature and execution of .any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Campany may at any time revoke all power and authority previously given to any attorney-in-fact. ti~~`t44 g C1+Sil ftj~jl ~P p ~4 CORPt7RATE ~~y. ~A~ ?= o s~~L ~fd°'> tp rf~R•Y 1441;1 ~~~4~,~® IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 3rd day of March, 2010 State of Iowa, County of Linn, ss: UNITED FIRE & CASUALTY COMPANY r By - Vice President On 3rd day of March, 2010, before me personally came Dennis J. Ricnmann to me known, who being by me duty sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which execu#ed the above instrument; that he knaves the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and .deed of said corporation. im Mary A. Jansen i Iowa Notarial Seal + Commission number mv~ 713273 My Commission Expires ,a2sno .Notary Public i, 'the undersigned officer of the UNITED FIRE ~ CASUALTY COMPAN'r, do hereby certify that i have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE {N THE HOME OFFICE OF SAID COMPANY, and that the. same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. `,~4441lLllillt~ ,,. ~ cnsu +~,,, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company .`~~~ ~~ ~'~ this 4TH day of JUNE 20 10 `~9 ct>~zroatnrg ~~ _~_ :a <ti g~,~, S£AL ,~,e, ~/J ' ~''r~l tj j 11t S t~X'ti Secretary BPOAO0190706 ~~®~ CERTIFICATE ®F LIABILITY INSURANCE OP ID RG DATE (MM/DDIYYYY} V 06/02/10 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 INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: SMA In511ran Ce Al~ No, Ext}. (A/C, No}. ~ 216 Park Ave South #101 A ~DRMA( ss: St. Cloud MN 56301 _ PRODUCER CUSTOMER ID #' NORTH21 Phone: 320-251-3154 Fax: 320-251-1957 INSURER(5}AFFORDING COVERAGE NAIC# INSURED INSURER A : Travelers Casualty 6 Surety Co North Valley Inc 20015 Iguana Street INSURER 8: Nowthen MN 55330 I INSURERC: ___ ._...._ ___.._ I ...............__ _. __ INSURER D INSURER E ' INSURER F : _. _~ _. _...... cuvtKAGtS GERIIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR ETHER DOCUMENT WITH RESPECT TO WH{CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO LICIES DESCRIBED f 1EREIN IS SUBJECT TO ALL TI-IE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI! POLICIES. LIMITS SHOWN MAY HAVE BEEN RED UCED BY PAID CLAIMS fNSR ~ TYPE OF INSURANCE ~ADDU SUB --____-- Rt LTR INSR WVDI POLICY NUMBER ( ~'( } r POLICY EFF POLIZP EXi~ MM(DD/YYYY MM/DDIYYYY ' LIMITS GENERAL LIABILITY !,! ' I EACH OCCURRENCE 5 1000000 _.- COI o1MERCIAL GEh1ERAL LIABILITY DTC09041P659COF10 '-DANA~GE-T~R>=NTEiS _._ __ __._. OS/O1/1D~05/O1/11 b 300000 PREMISES (Ea occurrence/ CLAIMS-M A1lE X ~ OCCUR ~ ! I MED EXF (Any one person} S SQOQ I ~ ~ 1 ,. j PERSOIUAL & ADV INJURY ~ 5 IOOOOOO ~..._ ..._. _.... _ _._ ' GENERAL AGGREGATE $ 2000000 GFPPL AGGREGATE Lihd IT PFL!ES PER i ~ PRODUCTS-COMP/OP AGG $ 2000000 __... I I _ ~I X I POLICY '.~ I PRO i, LOC ~ JECT ~ - _..___ ' _..._ _ ...____.. _.. _.._ _.. a AUTOMOBILE LIABILITY ~I ~ ' COM BIN D SIIJGLE LIMIT ! (Ea accident) ~ $ lOQQ000 A X ANY AUT6 DT8109041P659COF10 05/~~/111 05/Ol/10 ,i BoDILV INJURY (Per person,~W ,ALL OWNED AUTOS ~ f- ~-- _ I 'BODILY INJURY (Per accicent) S SCHEDULED AUTOS I, ~ - , ~ ~ ' ', PROPERTY DADA P.GE C HhRED PUTOS , $ . ~ ;Per accident} -- ___ ~ ~''. ~ ,, _ I 15 i A _.. I }~ ,OCCUR ', DTSBCUP9043P426IND10 0.5/O1/1D0 CJ/O1/11~ EACH OCGJRREMCE $ 4Q000®(} i ' ,EXCESS LIAB _ _ ~~ LAIMS MADE i I ~~___ I....__ _ __ AGGREGATE '', $ 4000000 __... . _ - _____ ._... - DF_CUC;TIBI_E I '-~~ ,~ ~ ! X I RETENTION 5 10000 ___ j S ,A i WORKERS COMPENSATION i~DTCUBl 6858780 ®Jr/01/10 OS/O1/Ill X WC STATU IOTH- ( YIN N~ E BT ! TORY LIMITS _ER A PRGPRIE ORIP R IER/r=X ECUTIV !, ' NfA ~ EL CACFI ACCIDEh.T 5 100000® GFFICER/M EPA BER EXCLUDED ~ i (Mantlato In NH -~- I cr ~ ', l EL DISEASE-EA EMPLOYE 8 1000000 ~ ' '.. I If es, des ibe under ~. .-_-. ___ ___..__ __....____-- DESCRIPTION OF OPERATIOM1IS below ' ' E.L. DISEASE -POLICY LIMIT 5 1000000 I ~ DESCRIPTION OF OPERATIONS /LOCATIONS! VEHICLES (Attach ACORD t01, Additional Remarks Schedule, if more space is required} RE:#1002 / 2010 Street Rehabilitation - Columbia Hei ghts,MN /Cit of ~ Columbia Heights is included as additional insured with respect o the general liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITCOL2 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Columbia Heights 637 38th Avenue NE Columbia HeicThts NIl~1 55421 ~~.~" ~~~'Gr~~--~'~ ON. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY TNiS ENDORSEMENT CHANGES THE P©LiCY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED 4CONTRACTORS} This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II} is amended c~ The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance°' "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: stations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you °'praperty damage" or "personal injury"; and to provide such coverage far that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of bodil in~u or e y 1 ry„ "property damage" that ac- au or our subcontractor in the erformance y y p curs before the end of the period of time for of "your work°' to which the "written contract which the "written contract requiring insur- requiring insurance` applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured .. +~ 2. The insurance provided to the additional insured by this endorsement is excess over any valid and ') by this endorsement is limited as follows: ~.+ collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a lass we exceed the limits of liability required by the Cover under this endorsement. However, if the "written contract requiring insurance"; the in- "written Contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, gaited by that '°written contract requiring in_ this insurance is primary to °'other insurance"` surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or arganiza±icrn as a named insured Section III -Limits Of Insurance. for such lass, and we will not share with that b) The insurance provided to the additions! in- '"other insurance°'. But the insurance provided to sated does not a I to "bodil ~n'u pp y y ~ ~ ry' "prop- the additional insured by this endorsement still is " , erty damage" or 'personal injury" arising out excess over any valid and collectible other in- " of the rendering of, or failure to render any surance , whether primary, excess, contingent or , professional architectural engineering or sur- on any other basis, that is available to the addi- , veying services including: tional insured when that person or organization is " , an additional insured under such other insur- i. The preparing, approving, or failing to ante°°. prepare or approve, maps, shop draw- ,t, As a condition of coverage provided to the ings, opinions, reports, surveys, field or- add'etiona! insured by thss endorsement: data or change orders, or the preparing, approving, ar failing. io prepare or ap- a) The additional insured must give us written grave, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory inspection architectural or ranee" or an offense which may result in a , , claim. To the extent possible, such notice engineering activities. should include: CG DZ 46 08 05 O 20x5 The St. Paul T ravelers Companies, Inc. Page 1 of 2 ..........w.,..~...,~,.., , ....~...~, .., ,.,..,,~ ,w„~, ,., ,,, ...,, COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" pr offense. b} If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c} The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with ail policy conditions. d} The additional insured must tender the de- fense and indemnity of any claim or "suit'° to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "ether insur- ance" available to the additional insured which covers tha# person or organization as a named insured as described in paragraph 3. above, 5. The following definition is added to SECTION V. - DEFINITIC7NS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the '°personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; t~. While chat part of the contract or agreement is in effect; and e. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG i]2 4fs 08 05 oos~ao