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HomeMy WebLinkAboutContract 2313 Now Ad Professional Services An[eeO0eDt Bonestroo THIS IS AN AGREEMENT, effective on May 13 , 2010, between the City of Columbia Heights ("Client") and Bonestroo, Inc. ("Consultant") for professional technical services. Client and Consultant agree as follows. 1. Project Description Arud Understanding The "Project" is described in Appendix B. 2. Consultant's Services Scope of Basic Services The Consultant will provide Basic Services as outlined in Appendix B. Supplemental Services The Consultant may provide Supplemental Services (services authorized by the Client which are not included in Basic Services) as described in Appendix B. Consultant will furnish an estimate of the cost for Client-requested Supplemental Services for the Client's written approval prior to commencement of the work. 3. Compensation Payment for Basic Services For the Basic Services outlined in Appendix B, the Client will pay the Consultant as described in Appendix B: on an hourly basis estimated at $2,850, which includes Reimbursable Expenses. Payment for Supplemental Services For Supplemental Services authorized by the Client and performed by the Consultant, 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. Billing Rate Schedule Consultant's hourly charges will be based on the Billing Rate Schedule attached as Appendix C. 4. Standard Terms and Conditions The Standard Terms and Conditions attached as Appendix A are incorporated in this Agreement. S. Schedule Both the Consultant and the Client will put forth reasonable efforts to complete their respective duties in a timely manner, according to the preliminary Project Schedule attached in Appendix B. Because the Consultant's performance must be rendered with due diligence and be governed by sound professional practices, the Consultant is not responsible for delays occasioned by factors beyond its control. 6. Notices Any notices required by this Agreement shall be given to the person below: Consultant: Kevin P. Kielb, PE Client: Kevin Hansen, PE Bonestroo, Inc. City of Columbia Heights 2335 Hwy 36 W 63738 NE St. Paul MN 55113 Columbia Heights, MN 55421 (651) 604-4760 (phone) (763) 706-3705 (phone) (651) 636-1311 (fax) ( 706-3601 (fax) kevin.kie|bbonestrno.com kevin.hansen@ci heightc.mmus Each party shall promptly notify the other in writing of any changes to the above. All notices required by this Agreement shall be delivered in writing by email, first-class mail, fax or personal delivery, and shall be effective upon receipt. ****************************************************************** Public Sector —design or construction 1 Please have both copies of this agreement signed by the City of Columbia Heights's authorized representative(s) and return one copy to Kevin Kielb, P.E. as notice to proceed. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CONSULTANT: CLIENT: BONESTROO, INC. CITY OF COLUMBIA HEIGHTS By By * r r David 0. Loskota, PE, Contracts Officer Signature) Date 05/12/2010 , '`.. .. ` (Printed n /me an title) Date g /./ And b pip/ c:> 6 l (Printed name l and title) Date 3 / f 0 Private Sector — no design or construction 2 Appendix A Standard Terms and Conditions Section 1. Consultant's Services 12) Provide legal review of the contract documents and provide any required accounting and insurance counseling services for the Consultant shall act as the Client's agent only as provided for within Project. this Agreement. 13) Act promptly on all construction Change Orders and provide Section 2. The Client's Responsibilities authorization before Change Orders are issued to the Contractor on a Project. The Client shall: 14) Furnish, if client desires, inspection or monitoring services to 1) Provide full information as to its requirements for the Project. verify that Contractor is complying with all laws or regulations and to verify that Contractor is taking all necessary safety precautions 2) Furnish to the Consultant, prior to any performance by the to protect persons and property, as the Consultant in this Consultant under this Agreement, a copy of any planning Agreement does not undertake to perform these services. standards which the Client shall require the Consultant to follow in the conduct of its services for the Project. In performing its services, the Consultant may rely upon the accuracy and completeness of all Client - provided information. 3) Place at Consultant's disposal all available written data in the possession of or readily available to the Client and pertinent to Section 3. Compensation the Project, including existing reports, plats, surveys, contour mapping, utility mapping, record plans, wetlands, land -use, and 3.1 Payment For Reimbursable Expenses zoning maps, borings and other data useful to the Consultant in the performance of its services. Unless otherwise provided, in addition to consulting fees, the Client will pay the Consultant for Reimbursable Expenses on the basis of the 4) Acquire all land, easements, and rights -of -way and provide for Consultant's cost.. Although not a complete list, examples of land surveys and the preparation of legal descriptions and Reimbursable Expenses include: project - specific printing, duplicating, exhibits, certificates or plats, as may be necessary for the Project. tabs and indexes; testing; mileage; travel and per -diem expenses of the Consultant for out -of -town trips required for the Project; long 5) Provide access to the Project site and make all provisions for the distance telephone calls and faxes as required to expedite the work; Consultant to enter upon public and private lands as required by postage and delivery charges; any new taxes, fees or costs imposed the Consultant to perform its services. on the Consultant's services (such as sales taxes) after the date of this Agreement; and out -of- pocket expenses incurred directly for the 6) Examine all studies, reports, sketches, Opinions of Probable Project. Construction Costs, specifications, drawings, proposals and other documents presented by the Consultant and promptly render the 3.2 Objections to Invoices /No Deductions Client's decisions pertaining to each of such documents. It is important for the Consultant to be promptly informed of problems. 7) Designate a single person to act as the Client's Representative If the Client objects to any portion of an invoice, the Client shall notify with respect to the Consultant's services. Such person shall have the Consultant in writing within twenty days of the invoice's receipt. complete authority to transmit instructions, receive information, The Client agrees to pay any undisputed portions of an invoice. No and interpret and define the Client's policies and decisions with deductions shall be made from the Consultant's compensation except respect to services covered by this Agreement, subject to Client's as may be determined by mediation, arbitration, litigation or other governing body approval when required by law. dispute resolution mechanism to which the Consultant is a party. 8) Give prompt written notice to the Consultant whenever the Client 3.3 Suspension of Work observes or otherwise becomes aware of any defect in the Project or any development that affects the scope or timing of the If the Client fails to make payments when due or otherwise breaches Consultant's services. this Agreement, the Consultant may suspend work after providing five days notice to the Client. The Consultant will not be liable for any costs 9) Furnish, or instruct the Consultant to provide at the Client's or damages resulting from such a suspension of work. expense, necessary "Supplemental Services" as may be provided for in this Agreement, or other services as they may be required. 3.4 Progress Payments 10) Furnish to the Consultant, as required by the Consultant for The Client will make progress payments to the Consultant in proportion performance of its services, information or consultations not to services performed, as reasonably estimated by the Consultant. The covered in the Consultant's Basic Services, such as core borings, Consultant will invoice the Client by email or first -class mail monthly probings and subsurface explorations; hydrographic surveys, during the progress of the work. The Client shall pay each properly laboratory tests and inspections of samples, materials and documented invoice of the Consultant within 30 days after the Client's equipment; appropriate professional interpretations of all of the receipt of such invoice. Client may not reserve as retainage any portion foregoing; property, boundary, easement, and right -of -way of a payment due under this Agreement. surveys and property descriptions; zoning and deed restrictions. 3.5 Interest /Collection Costs 11) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and The Client agrees to pay the Consultant 1.5% per month interest on all consents from others as may be necessary for completion of the invoices of the Consultant, with interest beginning to accrue 30 days work. after the date of the invoice. If the Minnesota Prompt Payment Act (Minn. Stat. Sect. 471.425) requires a higher rate of interest, that rate shall apply. If the Client fails to pay Consultant all amounts owing Public Sector — design or construction 3 pursuant to the terms of this Agreement, the Client agrees to pay all 4.6 Digital Data costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. 4.6.1 If included in Basic Services or Supplemental Services and as a convenience to the Client, the Consultant will furnish the Client with Section 4. General Considerations electronic data versions of certain written documents ( "Digital Data ") provided in hard copy form. In the event of any conflict between a 4.1 Standard of Care hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in The Consultant shall exercise the same degree of care, skill and use by the Consultant and is not warranted to be compatible with diligence in the performance of its services as is ordinarily exercised by other systems or software. members of the profession under like circumstances. Nothing in this Agreement, or otherwise prepared as a result of the Project, shall 4.6.2 Any Digital Data submitted by the Consultant to the Client is modify the foregoing standard of care. The Consultant shall not be submitted for an acceptance period of 60 days ("Acceptance Period "). required to sign any documents that would result in it having to certify, Any defects that the Client discovers during this period and reports to guarantee or warrant the existence of conditions whose existence the the Consultant will be corrected by the Consultant at no extra charge. Consultant cannot ascertain. For correction of defects reported to the Consultant after the Acceptance Period, the Client shall compensate Consultant on an 4.2 Delays hourly basis at Consultant's normal billing rates. The Consultant makes no warranties, express or implied, regarding the fitness or suitability of Both the Consultant and the Client will put forth reasonable efforts to the Digital Data. The Client understands that the Digital Data is complete their respective duties in a timely manner. Because the perishable and subject to undetectable alteration and the Client is Consultant's performance must be governed by sound professional solely responsible for it. practices, the Consultant is not responsible for delays occasioned by factors beyond its control or that could not reasonably have been 4.7 Termination, Suspension or Abandonment foreseen at the time of preparation of this Agreement. 4.7.1 The Client or the Consultant may terminate or suspend this 4.3 Opinions of Costs and Schedules Agreement for substantial non - performance by the other party, including without limitation the failure to make payments in Since the Consultant has no control over the cost of labor and material accordance with this Agreement. The party terminating or suspending or over competitive bidding and market conditions, the Consultant's this Agreement shall give seven days written notice to the other party. Opinion of Probable Construction Cost and of Project schedules can If a party seeks to terminate the Agreement for such non - only be made on the basis of experience or qualifications as a performance, the other party shall have seven days to cure the non- professional Consultant. The Consultant does not guarantee that performance before the termination becomes effective. proposals, bids, actual Project costs or construction schedules will not vary from Consultant's opinions or estimates. 4.7.2 If the Project or the Consultant's services are suspended or abandoned for more than 90 days, the Consultant may terminate this 4.4 Insurance Agreement upon seven days written notice to the Client. The Consultant shall have no liability on account of a suspension or 4.4.1 The Consultant agrees to maintain a professional liability abandonment by the Client. If a suspended or abandoned Project is insurance policy for negligent acts, errors or omissions in an amount of reinstated, an equitable adjustment to the Consultant's compensation at least $4,000,000 per claim and $4,000,000 annual aggregate, on a may be necessary. claims -made basis, as long as such insurance is reasonably available under standard policies at rates comparable to those currently in 4.7.3 In the event of termination or suspension permitted by this effect. The Consultant will not cancel the insurance until thirty days Agreement, the Client shall compensate the Consultant for services after providing the Client written notice. performed prior to termination, suspension or abandonment and for services directly attributable to the termination, suspension or 4.4.2 The Consultant shall maintain: abandonment itself, together with Reimbursable Expenses. If the Client properly terminates Consultant for cause, Client may withhold 1) Statutory workers compensation and employers' liability insurance from Consultant's compensation those damages directly attributable to coverage. the cause of the termination. 2) Comprehensive general liability insurance coverage of not less 4.8 Dispute Resolution than $1,000,000 and automobile liability insurance coverage of not less than $1,000,000 combined single limit. 4.8.1 In an effort to resolve any conflicts that arise out of the services under this Agreement, all disputes between the Client and the 4.4.3 The Client shall require the contractor for any project to name Consultant arising out of or relating to this Agreement shall be the Consultant as an additional insured on its general liability policy, on submitted to nonbinding mediation prior to commencing arbitration or a primary and non - contributory basis. litigation. The Mediator's fee shall be shared equally and mediation shall proceed only at a place where arbitration or litigation is proper. 4,5 Use of Instruments of Service Mediation shall not be a condition precedent to arbitration or litigation if a party refuses to make reasonable arrangements for a mediation Documents (including Digital Data) prepared by the Consultant, such within 20 days of demand by the other party. If a dispute relates to or as calculations, data, drawings, specifications and reports ( "Consultant is the subject of a lien arising out of the Consultant's services, the Documents ") are instruments of the Consultant's professional services, Consultant may proceed in accordance with applicable law to comply and not products. The Consultant Documents are prepared for a with the lien notice or filing deadlines prior to resolution of the matter specific Project and may not be used by the Client for other Projects. by mediation or arbitration. This section survives termination of this For health and safety reasons, the Client agrees it will not use the Agreement, but no party may call for mediation after such time as the Consultant Documents (except for computer hydraulic or hydrologic law would bar initiation of legal proceedings for a claim or dispute modeling data) for other purposes, for future use without the arising out of or relating to this Agreement. Consultant's involvement, or provide them to other persons. If the Client violates this provision, it waives any resulting claims against the 4.8.2 Unless the Client and the Consultant mutually agree otherwise, Consultant, and agrees to defend and indemnify the Consultant from all claims, disputes, and other matters in question arising out of or any resulting claim or liability (including reasonable attorneys' fees). relating to this Agreement which are not resolved by mediation and Public Sector — design or construction 4 where the amount in controversy is less than $1,000,000, shall be valid, and the unenforceable provision shall be reformed with a valid decided by binding arbitration in accordance with the then-most provision that comes as near as possible to expressing the intention of current Construction Industry Rules of the American Arbitration the unenforceable provision. Association. The arbitrators will not have jurisdiction, power or authority to consider any claim or dispute: (a) where the amount in 4.12 Assignment and Waiver 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 Except for the Consultant's use of necessary consultants, the court action would be barred by any applicable statute or period of Consultant and the Client shall not assign or delegate their respective repose or limitations; or (c) when the claim or dispute is a claim for obligations under this Agreement without the written consent of the contribution or indemnity arising out of a claim by a third party who other party, which consent shall not be unreasonably withheld. The does not consent to joinder in arbitration. waiver of any term or condition or breach thereof by either party shall not constitute a waiver of any other term or condition or breach 4.8.3 In the event of litigation or arbitration arising from or related to thereof. the services provided under this Agreement, the prevailing party is entitled to recovery of all reasonable costs incurred, including staff 4.13 Consultant's Services time, court costs, attorney's fees and other related expenses. In performing professional technical services, the Consultant is not 4.8.4 If the Consultant or the Client intends to assert a claim against engaged in rendering legal, insurance, or accounting services or the other as a result of a dispute with a third party, the claiming party advice. The Client agrees that documents prepared by the Consultant, shall notify the other party as soon as possible, and in any event prior including reports, bidding materials, and form contracts will be to resolving the dispute with the third party. reviewed by the appropriate representative of the Client, such as the Client's attorney, insurance counselor or other consultants, to the 4.8.5 So that any claims of the Client may be intelligently addressed extent that Client deems necessary to protect its interests. by the Consultant, the Client agrees to make no claim for professional negligence against the Consultant unless the Client has first provided 4.14 Government Agencies the Consultant a written certification signed by an independent professional licensed in the state in which the Project is located and The Consultant shall not be liable for damages resulting from the currently practicing in the same discipline. The certification shall actions or inactions of government agencies, including without specify every act or omission of the Consultant that is a violation of the limitation permit processing, environmental impact reports, applicable standard of care and the basis for the certifier's opinion(s). dedications, zoning matters, annexations or consolidations, use or This certificate shall be provided no fewer than 30 days prior to conditional use permits, and building permits. instituting arbitration or suit. 4.15 Monitoring Work 4.8.6 Causes of action between the Consultant and the Client relating to acts or failures to act shall be deemed to have accrued and If required by the scope of services, the Consultant will make visits to the applicable statute of limitations shall commence to run not later the Project site at intervals appropriate to the various stages of than the date of substantial completion of a Project. construction as the Consultant deems necessary in order to observe the progress and overall quality of construction. The Consultant will 4.9 Hazardous Substances not be required to make exhaustive or continuous observations on the Project site. Based on such visits, the Consultant will determine in The Consultant's scope of services does not include any services general if the construction work is proceeding in accordance with the related to hazardous, contaminated, or toxic materials, including contract requirements, keep the Client informed of the progress of the asbestos and PCBs. If it becomes known that such materials may be construction work, and will endeavor to guard the Client against present at or near a Project that may affect the Consultant's services, defective work. The Consultant will not supervise, direct, control, or the Consultant may suspend performance of its services, without have authority over or be responsible for the Contractor's means, liability, and will assist the Client to retain appropriate consultants to methods, techniques, sequences, or procedures of construction, or the adequately identify and abate such materials so that Consultant's safety precautions and programs incident thereto, or for any failure of services may resume. Nothing in this Agreement shall be construed to the Contractor to comply with laws and regulations applicable to the require the Consultant to: (a) assume the status of a generator, storer, work. transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 USC 6901 et seq, as 4.16 Americans with Disabilities Act amended, or within any state statute governing the generation, treatment, storage and disposal of waste; or (b) arrange for the The Consultant shall use reasonable professional effort and judgment transportation, treatment, or disposal of hazardous substances, as in interpreting and advising the Client as to the necessary described in the Comprehensive Environmental Response, requirements for the Project to comply with the Americans with Compensation and Liability Act, 42 USC 9601, et. seq, as amended. Disabilities Act (ADA). The Consultant shall rely on the local building The Client agrees to defend, indemnify and hold harmless the department for interpretations of the ADA at the time the service is Consultant, its employees, subcontractors and agents from all claims, rendered. The Consultant does not warrant or guarantee that the losses, damages liability and costs, including attorney's fees, relating Project will fully comply with interpretations of ADA requirements by to or arising out of hazardous or toxic materials at or near a Project. regulatory or judicial bodies. 4.10 Governing Law Section 5. Liability This Agreement shall be governed by the laws of the state in which the Having considered the potential liabilities that exist during performance of the Consultant's services, the benefits of the Proj the Project is located. ect, the Consultant's fee for its services, and the promises contained in this 4.11 Integration Agreement, the Client and the Consultant agree that risks should be allocated in accordance with this section, to the fullest extent This is an integrated Agreement and it supersedes all prior permitted by law. 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 Public Sector — design or construction 5 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 Agreed 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 the insurance proceeds available at the time of settlement or judgment. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. 5.3 Consequential Damages Neither the Client nor the Consultant shall 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. 5.4 Design without Construction -phase Services If the Consultant's Basic Services under this Agreement do not include Project observation, or review of the Contractor's performance, or any other construction phase services, and such services will be provided by the Client, then the Client assumes all responsibility for interpretation of the plans and specifications and for construction observation or review and waives any claims against the Consultant that may be in any way connected thereto. * * * * * * *: ** * * ** * * * * * * * ** **** * * * * * * * * * ** * * ** * * ** Public Sector — design or construction 6 Appendix B Consultant's Services 1. Project Description /Basic Services /Schedule The Minnesota Department of Commerce Office of Energy proposals from cities for projects related to energy efficiency improvements a The projects must ready for immediate implementation and would become a part of the American Reinvestment Recovery Act (ARRA). Based upon our recent meeting, t improvements seem to be a good fit for this program and, if selected, could receive a 50% cog, your upcoming facilities s share. s Bonestroo is proposing work with the City to complete the grant application submittal package. Upon authorization to proceed, we will assess the documentation needed to complete the ran submittal for each facility where improvements are being contemplated. We will then forward list of the required information (usage records, etc.) to the City. The City will then need to g t compile the usage information for each facility from City records. Once the information has been returned to us, we will complete the grant application, assemble the required submittal data, and submit a completed package for your review and signature. We will then forward all information the OES and provide updates to the City as they become available. The grant applications have a submittal deadline of May 24, 2010. 2. Compensation We are proposing to complete our work effort for a Not - to - Exceed cost of $2,850. Public Sector — design or construction 7 Appendix C 2010 BiIIing Rate Schedule Classification Hourly Rates Senior Principal $125.00 $159.00 Principal 119.00 149.00 Specialist * 110.00 - 2I8.00 Project Manager 115.00 - 144.00 Senior Geologist / Environmental Health & Safety 125.00 149.00 Specialist / Hygienist Senior Engineer / Scientist / Architect /Landscape 110.00 144.00 Architect / Planner Architect 1 Landscape Architect 99.00 110.00 Land Surveyor 85.00 - 144.80 Engineer 1 Planner 1 Scientist Geologist 1 Hygienist 1 83.00 119.00 EH&S Specialist Designer I GIS 1 Landscape Designer 1 Graphics 83.00 104.00 Engineering Technician 1 Senior Project Technician 65.08 98.00 Project Technician 14.00 67.00 Field Supervisor 88.00 135.00 Crew Chief 68.00 107.00 Environmental/Agricultural Inspector 75.00 - 140.00 Inspector 67.00 92.00 Survey Technician 46.00 67.00 GPS Survey Equipment 38.00 Total Station Equipment 28.00 GIS Workstation Equipment 22.00 GPS Submeter Unit (per use) | 80.00 HowMeter(perweek) 200.80 Air Detection Equipment (per half day) / 25.00 * Specialist: Expert in highly technical discipline such as Principal Planner, Market Analyst, and Certified Industrial Hygienist These rates are adjusted annually in accordance with the normal review procedures of Bonestroo, Inc. pum/csecm, - ueu000rmnstruction 8 Client #: 172 BONEINCI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 5/12/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MN - A/E ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR COBB STRECKER DUNPHY & ZIMMERMANN ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 150 S FIFTH STREET STE 2800 MINNEAPOLIS, MN 55402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: CINCINNATI INSURANCE COMPANY BONESTROO INC INSURER B: CINCINNATI CASUALTY COMPANY 2335 W HWY 36 INSURER C: ST PAUL, MN 55113 INSURER D: INSURER C: , 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 • DD' POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSRI TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYYYY) DATE (MM /DDIYYYY) A GENERAL LIABILITY CPP3666870 01/01/2010 01/01/2011 EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED $500 000 El COMMERCIAL GENERAL LIABILITY PREMISES Ea .ccurrence .■ CLAIMS MADE X OCCUR INCLUDES: MED EXP (Any one person) $10 000 el XCU OPERATIONS OF PERSONAL a ADV INJURY $1 000 000 El BROAD FORM PD SUBS - CONTINGENT GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: CONTRACTUAL LIAB PRODUCTS - COMP /OP AGG $2 000 000 POLICY X FEt° X LOC A AUTOMOBILE LIABILITY CAA5870245 01/01/2010 01/01/2011 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) 111 HIRED AUTOS BODILY INJURY $ (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ■ ANY AUTO OTHER THAN EA ACC $ ■ AUTO ONLY: AGG $ A EXCESS /UMBRELLA LIABILITY CPP3666870 01/01/2010 01/01/2011 EACH OCCURRENCE $5 000.000 . OCCUR CLAIMS MADE AGGREGATE $5 000 000 $ DEDUCTIBLE I $ X RETENTION $ 0 $ B WORKERS COMPENSATION AND WC896071015 01/01/2010 01/01/2011 x ;C S iM U- OT4- EMPLOYERS' LIABILITY I I � ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $100,000 OFFICER /MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 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 CERTIFICATE HOLDER CANCELLATION 10 Days for Non - Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF COLUMBIA HEIGHTS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3fl DAYS WRITTEN 590 40TH AVE NE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL COLUMBIA HEIGHTS, MN 55421 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ,ei—•-, • 4— Z- 1 ACORD 25 (2009/01) 1 of 2 #S372641/M351213 © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VLH 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 hoider in iieu 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). DISCLAIMER The Certificate of Insurance 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. ACORD 25 (2009/01) 2 of 2 #S372641/M351213