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Contract No. 2013 2483
PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name, and Address of Principal Place of Business): Minger Construction, Inc. Great American Insurance Company PO Box 236 301 E. Fourth Street Chanhassen,MN 55317 Cincinnati, OH 45202 OWNER(Name and Address): City of Columbia Heights 637—38`h Avenue NE Columbia Heights, MN 55421 CONTRACT Effective Date of Agreement: August 12, 2013 Amount: $143,622.00 Description (Name and Location): Pump Station No. 2 PRV Vault Replacement—City Project#1307 BOND M Columbia Heights, N Bond Number: 1 77 44 15 Date (Not earlier than Effective Date of Agreement): September 5, 2013 Amount: $143,622.00 . 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 Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Mingeer Construction Inc (Seal) Great American Insurance Company (Seal) Contractor's ame and Corporate Seal Surety's Name and Corporate Seal . By: By: i >`= Signature Signature (Atta Pow--of Attorney) . Patrick J. Minger D. R. DoUehr ty Print Name Print Name . President _ Attorney in-fact Title Title ® Attest: Attest: ri- aa- . .g ature Signature Title Title Note: Provide execiaion by additional parties, such as joint venturers, if necessary. EJCDC C-610 Performance Bond ■ Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 2 Contractor and Surety,jointly and severally,bind themselves,their heirs, executors, administrators, successors, and assigns to Owner for the 5. After Owner has terminated Contractor's right to complete the performance of the Contract,which is incorporated herein by reference. Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 1. If Contractor performs the Contract,Surety and Contractor have no above,then the responsibilities of Surety to Owner shall not be greater obligation under this Bond, except to participate in conferences as than those of Contractor under the Contract,and the responsibilities of provided in Paragraph 2.1. Owner to Surety shall not be greater than those of Owner under the 2. if there is no Owner Default,Surety's obligation under this Bond Contract. To the limit of the amount of this Bond, but subject to shall arise after: commitment by Owner of the Balance of the Contract Price to mitigation 2.1 Owner has notified Contractor and Surety,at the addresses of costs and damages on the Contract, Surety is obligated without described in Paragraph 9 below,that Owner is considering duplication for: declaring a Contractor Default and has requested and 5.1 The responsibilities of Contractor for correction of attempted to arrange a conference with Contractor and defective Work and completion of the Contract; Surety to be held not later than 15 days after receipt of 5.2 Additional legal, design professional, and delay costs such notice to discuss methods of performing the Contract. resulting from Contractor's Default,and resulting from the If Owner,Contractor,and Surety agree,Contractor shall be actions of or.failure to act of Surety under Paragraph 3;and allowed a reasonable time to perform the Contract, but 5.3 Liquidated damages, or if no liquidated damages are such an agreement shall not waive Owner's right,if any, specified in the Contract, actual damages caused by subsequently to declare a Contractor Default;and delayed performance or non-performance of Contractor. 2.2 Owner has declared a Contractor Default and formally 6. Surety shall not be liable to Owner or others for obligations of terminated Contractor's right to complete the Contract. Contractor that are unrelated to the Contract, and the Balance of the Such Contractor Default shall not be declared earlier than Contract Price shall not be reduced or set off on account of any such 20 days after Contractor and Surety have received notice as unrelated obligations.No right of action shall accrue on this Bond to any provided in Paragraph 2.1;and person or entity other than Owner or its heirs,executors,administrators, 2.3 Owner has agreed to pay the Balance of the Contract Price or successors. to: 7. Surety hereby waives notice of any change,including changes of I. Surety in accordance with the terms of the Contract; time, to Contract or to related subcontracts,purchase orders,and other or obligations. 2. Another contractor selected pursuant to Paragraph 8. Any proceeding, legal or equitable, under this Bond may be 3.3 to perform the Contract. instituted in any court of competent jurisdiction in the location in which 3. When Owner has satisfied the conditions of Paragraph 2, Surety the Work or part of the Work is located,and shall be instituted within shall promptly, and at Surety's expense, take one of the following two years after Contractor Default or within two years after Contractor actions: ceased working or within two years after Surety refuses or fails to 3.1 Arrange for Contractor,with consent of Owner,to perform perform its obligations under this Bond, whichever occurs first. If the and complete the Contract;or provisions of this paragraph are void or prohibited by law,the minimum 3.2 Undertake to perform and complete the Contract itself, period of limitation available to sureties as a defense in the jurisdiction through its agents or through independent contractors;or ofee suit shall be applicable. 3.3 Obtain bids or negotiated proposals from qualified 9. Notice to Surety,Owner,or Contractor shall be mailed or delivered contractors acceptable to Owner for a contract for to the address shown on the signature page. . performance and completion of the Contract,arrange for a 10. When this Bond has been furnished to comply with a statutory contract to be prepared for execution by Owner and requirement in the location where the Contract was to be performed,any contractor selected with Owner's concurrence, to be provision in this Bond conflicting with said statutory requirement shall secured with performance and payment bonds executed by be deemed deleted herefrom and provisions conforming to such statutory . a qualified surety equivalent to the bonds issued on the requirement shall be deemed incorporated herein.The intent is that this Contract, and pay to Owner the amount of damages as Bond shall be construed as a statutory bond and not as a common law described in Paragraph 5 in excess of the Balance of the bond. Contract Price incurred by Owner resulting from 11. Definitions. Contractor Default;or 11.1 Balance of the Contract Price: The total amount payable 3.4 Waive its right to perform and complete, arrange for by Owner to Contractor under the Contract after all proper completion, or obtain a new contractor, and with adjustments have been made, including allowance to reasonable promptness under the circumstances: Contractor of any amounts received or to be received by 1. After investigation,determine the amount for which Owner in settlement of insurance or other Claims for . it may be liable to Owner and,as soon as practicable damages to which Contractor is entitled, reduced by all after the amount is determined, tender payment valid and proper payments made to or on behalf of therefor to Owner;or Contractor under the Contract. 2. Deny liability in whole or in part and notify Owner 11.2 Contract: The agreement between Owner and Contractor . citing reasons therefor. identified on the signature page, including all Contract 4, If Surety does not proceed as provided in Paragraph 3 with Documents and changes thereto. reasonable promptness,Surety shall be deemed to be in default on this 11.3 Contractor Default: Failure of Contractor, which has Bond 15 days after receipt of an additional written notice from Owner to neither been remedied nor waived,to perform or otherwise Surety demanding that Surety perform its obligations under this Bond, to comply with the terms of the Contract. . and Owner shall be entitled to enforce any remedy available to Owner.If I).4 Owner Default: Failure of Owner,which has neither been Surety proceeds as provided in Paragraph 3.4, and Owner refuses the remedied nor waived,to pay Contractor as required by the payment tendered or Surety has denied liability, in whole or in part, Contract or to perform and complete or otherwise comply without further notice Owner shall be entitled to enforce any remedy with the other terms thereof. . available to Owner. FOR INFORMATION ONLY-(Name,Address and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other art,?): EJCDC C-610 Performance Bond . Prepared by ttre Engineers Joint Contract Documents Committee. Page 2 of 2 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: 91-41 COUNTY OF: �0&t, On this day, September 5, 2013, before me personally come(s) Patrick Minger to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Chanhassen, MN, that he/she is the President of the Minger Construction, Inc. the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. opt ••, KAREN C MINGER NOTARY PU BLIC MINNESOTA +wtMy Comm !sslon Expires Jan.31,2015 N& Public ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, September 5, 2013, before me personally come(s) D. R. Dougherty, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or Attorney-In-Fact of the Great American Insurance 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 Public GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWELVE No.0 14837 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attomey-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof,provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRUCE N.TELANDER D.R.DOUGHERTY ALL OF ALL R.W.FRANK JACK CEDARLEAF II ST.PAUUMINNEAPOLIS, $75,000,000.00 JOHN P.MARTINSEN KURT C.LUNDBLAD MINNESOTA R.SCOTT EGGINGTON CHRISTINE M.HANSEN DONALD R.OLSON PAMELA T.CURRAN JOHN E.TAUER MELINDA BLODGETT This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15TH day of APRIL 1 2013 Attest GREAT AMERICAN INSURANCE COMPANY �msu Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHw(877-377-2405) On this 15TH day of APRIL 2013 , before me personally appeared DAVID C. KITCHIN,to me known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEIM �•''••`'s NOTARY PUBLIC,STATE OF OHIO MY COMMISSION EXPIRES 02-20-16 rr or° This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them,be and hereby is authorized,front time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,-to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond undertaking, contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby 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. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of GreatAmerican Insurance Company,do hereby certify that the foregoing Power ofAttorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this "��� day of ��A T �r 0--0 1 - �i �y,msup� - W�4 ',L Assistant Secretaty PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY (Name, and Address of Principal Place of Business): Minger Construction, Inc. Great American Insurance Company PO Box 236 301 E. Fourth Street Chanhassen, MN 55317 Cincinnati, OH 45202 OWNER (Name and Address): City of Columbia Heights 637—38th Avenue NE Columbia Heights, MN 55421 . CONTRACT Effective Date of Agreement: August 12,2013 Amount: $143,622.00 Description (Name and Location): Pump Station No. 2 PRV Vault Replacement—City Project#1307 BOND Bond Number: 1 77 44 15 Date (Not earlier than Effective Date of Agreement): September 5, 2013 Amount: $143,622.00 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 Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY Minger Construction, Inc. _ (Sea]) Great American Insurance Company (Seal) Contract s Name and Corporate Seal Surety's Name and Corporate Seal BY: _ �� By: .-- Signature Signature ( Poker of Attorney) hert Patrick J. Minger D. R. Dou_ , Print Name Print Name Attorney-in President Y- ___ ._.... Title _ Title Attest: Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if'necessary. (NINVO01504;1) EJCDC C-615(x1)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Pa„e 1 of 2 good faith 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 all 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 Contractor and Surety,jointly and severally,bind themselves,their heirs, use the funds for the completion of the Work. executors, administrators,successors,and assigns to Owner to pay for g Surety shall not be liable to Owner, Claimants, or others for labor, materials, and equipment furnished by Claimants for use in the obligations of Contractor that are unrelated to the Contract.Owner shall . performance of the Contract,which is incorporated herein by reference. not be liable for payment of any costs or expenses of any Claimant under 1. With respect to Owner, this obligation shall be null and void if this Bond, and shall have under this Bond no obligations to make Contractor: payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 1.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 9. Surety hereby waives notice of any change,including changes of time, to the Contract or to related subcontracts, purchase orders, and 1.2 Defends, indemnifies, and holds harmless Owner from all other obligations. claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, 10. No suit or action shall be commenced by a Claimant under this materials, or equipment for use in the performance of the Bond other than in a court of competent jurisdiction in the location in Contract, provided Owner has promptly notified Contractor which the Work or part of the Work is located or after the expiration of and Surety(at the addresses described in Paragraph 12)of one year from the date (1) on which the Claimant gave the notice any claims,demands,liens,or suits and tendered defense of required by Paragraph 4.1 or Paragraph 41.3,or(2)on which the last such claims, demands, liens, or suits to Contractor and labor or service was performed by anyone or the last materials or Surety,and provided there is no Owner Default, equipment were furnished by anyone under the Contract, whichever of (1)or(2) first occurs, if the provisions of this paragraph arc void or 2. With respect to Claimants,this obligation shall be null and void if prohibited by law,the minimum period of limitation available to sureties Contractor promptly makes payment,directly or indirectly,for all sums as a defense in the jurisdiction of the suit shall be applicable. due. 11. Notice to Surety,Owner,or Contractor shall be mailed or delivered 3. Surety shall have no obligation to Claimants under this Bond until: to the addresses shown on the signature page.Actual receipt of notice by 3.1 Claimants who are employed by or have a direct contract Surety,Owner,or Contractor,however accomplished,shall be sufficient with Contractor have given notice to Surety(at the address compliance as of the date received at the address shown on the signature described in Paragraph 12)and sent a copy,or notice thereof, page. to Owner,stating that a claim is being made under this Bond 12. When this Bond has been furnished to comply with a statutory and,with substantial accuracy,the amount of the claim. 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 3.2 Claimants who do not have a direct contract with Contractor: 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 1. Have furnished written notice to Contractor and sent bond, a copy, or notice thereof,to Owner,within 90 days after having last performed labor or last furnished 13. Upon request of any person or entity appearing to be a potential materials or equipment included in the claim stating, beneficiary of this Bond, Contractor shall promptly furnish a copy of with substantial accuracy, the amount of the claim this Bond or shall permit a copy to be made. and the name of the party to whom the materials or 14. Definitions equipment were fumished or supplied,or for whom the labor was done or performed;and 14.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of 2. Have either received a rejection in whole or in part Contractor,to famish labor, materials,or equipment for use from Contractor, or not received within 30 days of in the performance of the Contract.The intent of this Bond furnishing the above notice any communication from shall be to include without limitation in the terms "labor, Contractor by which Contractor had indicated the materials or equipment"that part of water,gas,power,light, claim will be paid directly or indirectly;and heat, oil, ga oline, telephone service, or rental equipment used in the Contract, architectural and engineering services 3. Not having been paid within the above 30 days,have required for performance of the Work of Contractor and sent a written notice to Surety (at the address Contractor's subcontractors, and all other items for which a described in Paragraph 12)and sent a copy,or notice mechanic's lien may be asserted in the jurisdiction where the thereof,to Owner,stating that a claim is being made labor,materials,or equipment were furnished. under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 14.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract ■ 4. If a notice by a Claimant required by Paragraph 4 is provided by Documents and changes thereto. Owner to Contractor or to Surety,that is sufficient compliance 14.3 Owner Default: Failure of Owner, which has neither been 5. Reserved, remedied nor waived,to pay Contractor as required by the b. Surety's total obligation shall not exceed the amount of this Bond, Contract, or to perform and complete or otherwise comply and the amount of this Bond shall be credited for any payments made in with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) --� Surety Agency or Broker: Owner's Representative (Engineer or other) {i4115`OUIStlt;1} EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 2 ACKNOWLEDGMENT OF PRINCIPAL (Corporation) STATE OF: X-Y24e06t COUNTY OF: On this day, September 5, 2013, before me personally come(s) Patrick Minger to me known, who, being by me duly sworn, deposes and says that he/she resides in the City of Chanhassen, MN, that he/she is the President of the Minger Construction, Inc. the corporation described in and which executed the foregoing instrument;that he/she knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. ` l NC�TF,s`I�U_i 1e MINNESOTA tar Public se +,w.�!' MyCommlaslonExpireaJan.31,2D15 ACKNOWLEDGMENT OF SURETY STATE OF: Minnesota COUNTY OF: Ramsey On this day, September 5, 2013, before me personally come(s) D. R. Dougherty, to me personally known, who being by me duly sworn, did say that he is the aforesaid officer or Attorney-In-Fact of the Great American Insurance 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 Public GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWELVE No.0 14837 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power BRUCE N.TELANDER D.R.DOUGHERTY ALL OF ALL R.W.FRANK JACK CEDARLEAF II ST.PAUUMINNEAPOLIS, $75,000,000.00 JOHN P.MARTINSEN KURT C.LUNDBLAD MINNESOTA R.SCOTT EGGINGTON CHRISTINE M.HANSEN DONALD R.OLSON PAMELA T.CURRAN JOHN E.TAUER MELINDA BLODGETT This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 15TH day of APRIL 1 2013 Attest GREAT AMERICAN INSURANCE COMPANY �mso `fir` s Assistant Secretary Divisional Senior lice President STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.KITCHw(877-377-2405) On this 15TH day of APRIL 2013 , before me personally appeared DAVID C. KITCHIN,to me known,being duly swom,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. KAREN L.GROSHEIM NOTARY PUBLIC,STATE OF OHIO ;. MY COMMISSION EXPIRES 02-20-16 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President, the several Divisional Senior tree Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company; as surety,any and all bonds,undertakings and contracts ofsuretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bona undertaking,contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such office and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affaed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked//and are now in full force and effect. Signed and sealed this day of 2 0 C 3— • Assistant Secretary Client#: 1121 MINGCONI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/04/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MN-COMMERCIAL LINES PHONE 612 349-2400 F' 612 349 2490 COBB STRECKER DUNPHY&ZIMMERMANN MAIL Ext: A/c,No 150 S FIFTH ST STE 2800 ADDRESS: MINNEAPOLIS, MN 55402 INSURER(S)AFFORDING COVERAGE NAIC4 INSURERA:CINCINNATI INSURANCE COMPANY INSURED INSURER B:NAVIGATORS INSURANCE COMPANY MINGER CONSTRUCTION INC SFM MUTUAL INSURANCE CO 11347 PO BOX 236 INSURER C CHANHASSEN, MN 55317 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A GENERAL LIABILITY EPP0062599 3/01/2013 03/01/2014 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISESOEa.Cc"."..) $500,000 CLAIMS-MADE rx-1 OCCUR MED EXP(Any one person) $10,000 X CONTRACTUAL LIAB PER PERSONAL&ADV INJURY $1,000,000 X POLICY FORM AND XCU GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,00,000 POLICY X PRO LOC $ JECT A AUTOMOBILE LIABILITY EPP0062599 3101/2013 03/01/201 C Ea accident)OMBINED SINGLE LIMIT 1,000'000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B UMBRELLA LIAB X OCCUR CH13EXC7249501V 3/01/2013 03/01/201 EACH OCCURRENCE $9000000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $9 00O 000 DED X RETENTION$0 $ C WORKERS COMPENSATION 011818217 3/01/2013 03/01/201 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N R R ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $50O 000 OFFICER/MEMBEREXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) PUMP STATION NO. 2 PRV VAULT REPLACEMENT PROJECT ADDITIONAL INSURED ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY: CITY OF COLUBIA HEIGHTS AND BOLTON&MENK INC The following supersedes the cancellation wording: Should any of the above described policies be cancelled or materially changed before the expiration date, 30 Days written notice(10 Days for Non-Payment)will be delivered to the certificate holder. CERTIFICATE HOLDER CANCELLATION CITY OF COLUMBIA HEIGHTS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MINICIPAL SERVICE CENTER ACCORDANCE WITH THE POLICY PROVISIONS. 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 AUTHORIZED REPRESENTATIVE 1 PORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S544798/M505410 VLH • , Consulting Engineers & Surveyors " 2035 County Road D East•Suite B-Maplewood, MN 55109-5314 Phone(651)704-9970•Fax(651)704-9971 www.bolton-menk.com January 8, 2013 Mr. Kevin Hansen,P.E. Director of Public Works/City Engineer 63738 1b Avenue NE Columbia Heights,MN 55421 RE: Pump Station#2 Pressure Reducing Valve(PRV)Replacement Dear Mr. Hansen: In conjunction with the Water Distribution System Model Update study, we are providing additional information related to Pump Station#2 Pressure Reducing Valve(PRV)replacement. The PRV is in need of replacement, and replacement of the PRV is one of the recommended improvements described in the study. We have included a detailed estimate related to the recommended improvements and have attached the estimate for your reference.The estimated construction cost of$88,869 includes a 10 percent construction contingency. Project costs will also include administrative, fiscal and engineering costs in addition to the construction costs. Our proposed fees,based on our understanding of the project, are$14,280 this project. This includes the following services: • Topographic Surveying, • Report, • Final Design, • Bidding Services, • Construction Administration, • Construction Staking, and • Record Drawings. We are available to meet and discuss items related to this project at your convenience. Respectfully submitted, BOLTON & MENK, INC. Kevin P. Kielb,P.E. Douglas E. Klamerus,P.E. Client Service Manager Project Engineer ACCEPTED BY: - '(4�41)ATE: Walt Fehst,City M6nager DESIGNING FOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer C) 0 O 0 CD 0 0 0 CD 0 0 C) C) C) C; 6 6 0 0 0 0 0 0 a LO 1-t 0000000 'N C� LQ C� C� txj C�C�— C\j U-) LO � 0 0 0 0 • U-5 C\1 o w 6 rh N (3�6"6,)"-:6,3, -- C\I- 0- L-0- i0- 0 0 0 0 0 0 C> 0 0 0 0 CD 0 0 0 0 C) q q q q q 0 0 0 q q q 0 q q q q 0 0 0 0 CD 0 0 LO 0 0 C> 0 0 0 0 CD ui C) (D 0 0 0 0 0 6pl, N 0 0 C) U") 0 0 Co U 0 LO 0 0 In LX) C) — 64 LO T C\l LO C0 0 Z to C\j (5 C6 L6 cli 6c, L,6 (03- — 6s(4 6c. Tom}EPr JJJJQU) _j < < < < < < W W W ui Ui LU LLI Uj LU CM C\j cli O cli C) Cl) YY cc� z CO Z z < LLJ C) C) z O CL to_ < F- U) w cr Cr cc C) 0 z §� Li- > > Z z CL <-J <-J 0 > CL Z CL 0 0 F- < F- < > > W < > Z w (1) CC LL Mier Cl) Z_- C) w w W Z Z z z Lu Z Z U) > < —Z< C) () > U) Z -i w D D _j I-- Ul) < 2 U) (1) 0 io < X 0 11 " (n cc w > cr oc X 0 > >� w CO w w CC CC Z) cc cr < U) W C14 z U- Z < I ;�:! < F- w w W Z x Z 0 o 0 > U- < a- (!) X < cc > < < z z w -i CL w 3r U) Q — o o W 0 . M 0 0 Z < 0 -- �- w w 0 CL Z) CL D C/5 U) CC a m -J > > U) D < O -JOODOWWW W D 0 < ca (!) !¢ z U- -1 0 z W m m • UJ cc -i C) 0 2 (-) w C) < = LL 0 Q- cc = = LU LLJ 0 W W owxz - - = w o- a- -) Z V00 m w U'- "T — -t CL CL OD qtt U. cc 13C C0 0 (L a. ca >- >- C\j cr) It Ul) to r- co a) 0 — LC) (D Zui t — — — — — — — W cc (L co BOLTO-1 OP ID: MP DATE(M YYY) CERTIFICATE C L' INSURANCE'L' 01/1111 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 507-388-2010 CONTACT Brown&Brown of MN/Mkto NAME: 530 W Pleasant St 507-388-5492 A/°N a Ext: (A/C,FAX No): Mankato,MN 56001 E-MAIL Mary E.Portner,CISR ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Westfield Insurance Company 24112 INSURED Bolton and Menk,Inc. INSURER B:Westfield National Insurance 24120 1960 Premier Dr Mankato,MN 56001 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE 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 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE DDL UBR POLICY NUMBER MMIDDIYYYY MPOLICY YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE Is 1,000,000 • X COMMERCIAL GENERAL LIABILITY CMM 3 406 737 07/01/12 07/01/13 DA A E TO RE PREMISES Ea occurrence $ 1,000,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,000 • X XCU Coverage BLKT CONTRACTUAL LIAB 07/01/12 07/01/13 -PERSONAL&ADV INJURY $ 1,000,000 • X Bikt Addl Insured &BLKT WAIVER SUBROGATION 07/01112 07/01/13 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC Emp Ben. $ 1,000,000 JEC AUTOMOBILE LIABILITY EOa EIINEDDSINGLE LIMIT $ 1,000,000 A JX AN Y AUTO CMM 3406737 07/01/12 07/01/13 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ LofSubro AUTOS Per accdent Blkt Waive I I Is UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAR CLAIMS-MADE CMM 3 406 737 07/01/12 07/01/13 AGGREGATE $ 5,000,000 DED I X 1 RETENTION$ -0- $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS -R B ANY PROPRIETOR/PARTNER/EXECUTIVE WCP 5 080 987 07/01/12 07/01/13 E.L.EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? N NIA (Mandatory in NH) BLANKET WAIVER OF SUER E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Professional Liab AFE 11 401 97 18 12/31112 12/31/13 Claim 5,000,000 Errors&Omissions RETROACTIVE DATE 12/31/97 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pump Station #2 Pressure Reducing Valve (PRV) Replacement Project. CERTIFICATE HOLDER CANCELLATION CITYCO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Columbia Heights ACCORDANCE WITH THE POLICY PROVISIONS. 637 38th Ave. NE Columbia Heights, MN 55421 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 17 CAPWFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Ii —Who Is An Insured Is amended to 8- With respect to the insurance afforded to these include as an ad4tional insured any person or or- addtonal insureds, the following additional exclu- ganization for whorn you are performing operatl6ris sions apply, when you and such person or organization have This insurance does not apply to: agreed In writirx,� In a contract or agreement that such person or organization be added as an addE- 1. "Bodily injury', "property damage" or"personal tIonal insured an your policy. Such person or or- and advertising injury"arising out of the render- ganizatiort is an additional Insured only with re- ang of, or the failure to render,any professional spect to liability for "bodily injury', ,.property ;architectural, engineering or surveying ser- damage, or "peisorial and advertising injury' Vices,induding. caused,In whole or In part,by; a. The preparing, approrving, or faffing to pre- 1. Your acts or omissions;or pare or approve, maps, shop draMngs, opinions, reports, surveys. d orders, 2. The acts or omissions of those acting on your field orders or drsWngs and specifics- behalf; lions;or in the perkhrmance of your ongoing operations for b. Supervisary, inspection, architedural or the additional Insured. engineering activities. A persorts or orgenization's status as an additional Z "Bodily injury' or 'property darnsge"' occurring Insured under this endorsement ends when your after operations for that additional, insured are com- pleted. a. All wo6 including materials, parts or equipment furnished in connection with such work, an the project (other then ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed',or b. That portion of"your work'out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor orsubcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 0 ISO Properties,Inc.,200 4 Page 4 of 1 13 COMMERCIAL GENERAL LIABILITY T4 1S ENDORSEMENT CHANGM THE POLICY. PLEASE READ tT CARMLLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT - COMPLETED OPERATIONS This endorsement modifies Insvrance provided under the bilowing. COMMERCIAL GENERAL LLABILrry COVERAGE pART A. Section It-Who.is An Insured is amernded to This•Insurance does not apply to- includ •as an addifionmi tn-,qured any person Or organizzlion when you and such person 1. 'Bodily injury'. 'property damage' or or organization have agreed In -writing in a personal and advertising injury."caused, contract or agreement that such person or in whole or in [cart by the rendering of, Organization be added as an additional [r, cared on your policy. Such person or organ- Or ti*fa.W re 10 render,any professional iZzliOn is an addillonzi insured Only wi 8rthiledurAll. engineering, Or surveying III services,IncludIng: respect to liab-111ty caused.inwholearin part, by'yourwork'performed forlhat Insured and a. The preparing. approving,or falling included in the *products-completed oper- atione haz3rd. to prepare or approve, maps, shop drawings.opfalons,reports.surveys. The •coverage afforded to the Additional In- field orders, change orders, or sured Is solely timiled to liability spqcfrjcaj{y drawing and vpecifi-catiotis-,a•nd Tesufling from the tooducl of the Named In- sured. which may be imputed to,the Ad& b. SUPenllsary. inspection, architeo- Tional tnsured. tural.or onginearinV activiliez. R- This endorsement provides no coverage io ily caused, in design furnished by the additional in- the Add-Wonal Instored for Uabli Z Willful misconduLt 61. or for defecls in wW- e or in part, out of fhe t9aimed negligence of the Additional Insured, ctiler surod Or Its'employt-Le:5% than which may*be imputed to the Additional As a condition of coverag •, the additional in- Insured-by virtneof the conduct of the Named Insured. sure-d shall be obilgaled to tender The defense and indemnity of every claim or salt to all C. With respect to the insurance afforded these other Insurers that may provide coverage to add.[Ijonalr insureds, the tbilowing additional the additional insured, whether contingent, exclusion applies: excess or primaty. lw-ilodrs cqp�mglvl—A kul.f.1.f sm-eft Oft4A iW- WtM CIS t*-mission C G 70 87 0105 COMMERCIAL GENERAL LIAIBUTY TWS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. GENERAL LIABIL[TY EXPANDED PLUS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under thefolloyAng.- COMMERCIAL GENERAL LIAISLITY COVERAGE FORM 1. SECTION I COVERAGE:a., COVERAGE A b. Hired Person ,BODILY INJURY AND PROPERTY DAMAGE LIABILTTY Is amended as follows: To a person hired to do work for or on behalf of any insured or tenant of any Item 2. Exctusl4ons a. is deleted and insured: however this exclusion does not reptac*d with the fallowing; apply to 'volunteer workers' while enpaged in maintenance or relWf of your a. Exported Or Intended Injury premises. "Bodily infLoy' or 'properly damage 3. The following coverage are added to expected or intended from the standpoint SECTION I-COVER-AGES, of the insured. This exclusion does not apply to -bodily injury" or *properly VOLUNTARY FROPERY DAMAGE damage" resulting from the use of reasonable force for the purpose or 1. Irtsuring Agreement protecting persons or property. We wall pay,at your request,for'property Item 2- Exclusions g. (2)Jal is deleted and damage to prop" of cihers caused by re4gaced with the following: you, or while in your possession adsina out of your busirmess operations. The (3a.) Less then 60 feet[on-g:and amount wetwilil pay for damages is Tlrn[W as described in SECTION III-LIMIT OF Item 2. Exclusions J. (6) second exception INSURANCE. paragraph after (6) is deleted and replaced witb the foltowing: 2. Exclusions Paragraph (2) of this exclusion does not Coverage for Voluntary Property Damage .apply if the premises are "your wore and does not apply to: were not occupied, rented or field for rental by you beyond one year from the date-your a. 'Lose of property at premises owned, work"was completed, rented, leased, operated or used by you, The last paragraph or Rem 2. Exclusions is deleted and replace with the following: 6. "Loss'of property while in transit Exclusions c.. through n. do not apply to c. "Lass" of property owned by. rented damage by fire or explosion to premises whie to,leased to,borrovied by or used by rented to you or temporarily occupied by you you; with permission of the owner.A separate 11►e -of insurance applies to this coverage as, d. The cost of repairing or replacing: �described in Secffon III - LIMITS OF INSURANCE. (1)'Your work' defectively or incorrectly done by you, 2- SECTION I - COVERAGES, COVERAGE C MEDICAL PAYMENTS is amended as {2)"Your product`manufactured,sold follows, Or supplied tq you;or Item 2- Exclusions b, is deleted and replaced vft the following; CG 70 93 08 05 Page 1 of 6 unless the "property damage' Is (2) 'Your product`manufactured, caused directly by you after delivery sold.or suppAied-by you, of -your product' or compleVon of "your work" and resulting front a unless the "property damage" is subsequent undertaking, caused directly by you after delivery of 'your product- or a. "Loss" of property caused by or completion of 'your vvork' and arising out of the"products-completed resulting from a subsequent operations hazard.' undertaking. 3. Deductible d. 'Property damage' to property caused by or arising out of the We Will MI. pay W "loss, in any one, "products-completed operations 'ocam,ence until the ainount of "loss' hazard', exceeds 5260, We will then pay the amount of'IoSu"in excess of$25D.up to 3. Deducible the appilcable limit of Insurance. We vAD ix ft pay for'property damage' 4. Actual Cost in any one 'occurrence' until the amount of -prop" damage In.the even(of•covered'lose.you shall.it exceeds S250. We vvill then pay the requested by us, replace the damaged, amount of "property damage* in prop",or furnish the labor and materials excess of$250, up to the applicable necessary for repairs thereto at your limit of insurance. actual cov, exclutlingi profirt or overhead charges- 4. Actual Cost CARES CUSTODY OR CONTPOL In the event of covered "property damage, you shall. If requested by 1. Insuring Agreement us.replace the property or furnish the Labor and materials necessary for We vvill pay those sums the hnsured repairs• thereto at your actual cost. becomes legally .obligated Lo pay as excluding profit or overhead charges, damages because of"property damage- to property of others while in your care. WATER DAMAGE LEGAL UABILfrY custody or control or prop"as to which you are exercising physkar co.*d if 1ha 1. Insuring Agreement 'Pmperty damage arise, out or your business operations.The 2m=nt we%di We vvill pay those sum that the pay for darnages is limited as described insured becomes fega4obHgited to in SECTION III — LIMIT OF pay as damages because of'property INSURANCE, damage'arising out of water damage to prernhse5 that are both rented to 2. Exclusions and occupied by you.The amount we will pay fat damages is limited as Coverage for Care, Custody or Control described in SECnGN III—UMIT OF does not apply tw INSURANCE. a. "Prop" damage'to property at 2. Exclusions any premises awned. rented. leased,operated or used by you; Coverage for Water Damage Legal b. -PmWy damage' to property Liability does,not apply to: While 41 transit C. The cost of repairing or replacing; (1) 'Your wW defectively or Incorrectly done by you,or CG 70 93 08 05 Page 2 of 6 a, "Property damage for which the (6) Water under the ground insured Is obligated to Pay surface pressing on, or damages by reason of the flowing or seeping through: assumption of liability in a contract or agreement. This (a) Foundations. twalls, floors exclusion does not apply to or paved surfaces*, liability for damages that the insured would have in the (4) Basements. whether absence or the contract or paved or not.;or agreement. (c) Moors, windows or other b. "Property da", e caused by or openings. resulting from any of the following,. d,. -Property -damage- caused by or resulting from any of the (1) West and tear; rbaovAng. (2) Rust, corrosion, fungus, (1) Water that leaks or flows from decay. deterioration, hidden any plumbing. heating., air or latent defect or any quality condlftonf:ng or fire Protection in property that causes it to system caused by or resulting damage or destroy itself,' from freezing.unless: (3) Smog or smoke: (a)You make a reasonable effort to maintain heat in (4) Settling, cracking, shrinking the building or structure; or expansion; or (6) Insects, birds, rodents or' (b) You drain the equipment other animals;or and shut off the water supply if the 'neat Is not (6) Mechanical breakdown, maintained. Including rupture or bursting caused by centrifugal force, e. "Property damage"to: c. -Properly damage" caused (1) Plumbing, heating, air ,diredly or Indirectly by any of the oondittoning, fire protection following: systems, or other equipment oir appliances.or (1) Any earth movement,such as an earthquake, Ian&!Iide; (2) The interior of the premises mine subsidence or earth caused by or resulting from sinking,rising or shiflainag: rain or snow, whether driven by wind or rtoL (2) Volcanic ewpfion, explosion or effusion'. 4. SECTION I — SUPPLEMENTARY PAYmENTs — covEPAGES A AND 8 is (3) Flood, surface water. waves, amended as follows-. tides,tidal waves,overflow of any body of water, or their item J.;b. is deleted and replaced with the spray, all whether driven by 4ollowing: wind or not b. Up to sj;000 for cost of ball bonds (4) l4ludsilde or inudi'low, required because of accidents of traffic few violations arising out of the use of any (5) Water that backs up from a vehicle to which the Bodily Injury liability sewer or brain:or Coverage applies. We do not have to furnish these bonds. CG 70 93 08 05 Page 3 of 6 ttexrr I.& is deleted and replaced vAth the This does not apply to nurses, tailowing- emeTQMcY medical technicians or paramedics employed by you to d. All reasonable expenses incurred by the provide health care services, but Insured at our request to assist us in the only If you are not In the business investigation or defense of the daim or Or OCCUPation of providing such "suit'.including actual loss of earnings up professional services. to 5350 a day because of trme off, from work. M 'Property damage"to property: S. SECTION If — WHO IS AN 4NSURED is (a) Owned.occupied or used by, amended as(otlows: (b) Rented to. In the care,custody or Item 2,a- is deleted and replaced with the control of.Or over which physical fovomng: control is being exercised for any a. Your 'employees" or volunteer workers, -purpose by other than enter your"executive oftere you, any of your employees' or you are an organization ottier ftn a volunteer Warkers. any partner or partnership-joint venture or limited rtataffity member (if you are a partnership or company)or your managers(if you area joint venture), or any member(if you limited liability zompany),but only for-acts area limited liability company), within the scope of their employment by you or while.performing duties reiaWd to Item 3-a. is deleted, and replaced with u)e tare-conduct of your business. However, WICA'VinT none of these -employees" or volunteer workers are an Insured for a. Coverage under tht provision is afforded only until the 180"' day after you acquire (1) Modify injury" or 'personal and or form the oroarazation or the end:of the advertising Injury': policy period.whichever Is earlier, (2) To YOU, to your partners or Item 4.is added as ibkm�s: members(if you are a partnership or joint venture),to your members 4. For COVERAGE A and COVERAGE S. (if You are limited liability only, the owner of any building leased to company). or to a co�employee- 'you, but only it the building owner is a or comvolunteer worker while that shareholder in your !=W=agon or a !rs either in the course of his or hes pa-Mw In your partnership insured in this employment or performing iduties, polity. and only with respect to liability retwed to the Conduct Of your arising out of the,awnership,maintenance business; or use of that part of the premises leased to you.However. this Insurance•does not fb) To the spouse— child, parent apply; brother or sTster of ftt cc, "employee" or 00-volunteer a. To any'occurrence'or offense which worker as a consequence of takes place after you cease to be a paragraph(1)in.)above; tenant in the premises:or (c) For which them is arry obf"toadcn c- To struct=1 alternations, new to share damages,with or repay construction of demolition operations someone else who muse pay performed by or on behalf of the damages because of ftiee injury building•owner. described In paragraphs,(1)(a)or (b)above,,or (<I) Arising•out of his or her providing or failing, to Provide professional health care services. CG 70 93 0a 05 Page 4 of 6 Item S.added as follows-, (b) Such inspections, adjustments, tests or servicing n the vendor has S. Vendors - Any person(s) or organization(s• agreed to make or normally with whom you agree in a wr d en contract a undertakes 'to make In the usual agreement to name as an Insured but only with course of business, in connection respect to 'bodily injury"or"property damage with the distribution or sale of the arising out of "your products" which SM products. distributed or sold in the regular course of the b. Thm Insurance does not apply to any vendor's business, subject to the following insured person or organization, from additic;jal exclusions: whom you have acquired such products, or any ingaredlent, part or container, a, The insurance afforded the vendor does entering into,accompan)fing or containing not apply to: such products, (1) 'Bodily injury'or "property damage"for which the vendor is obligated to pay Item 6.added as I`Nibws: damages by reason of the assurngton of liability in a contract (x- agreement. 6. Ma M. gers or.Lewors;of Prerntses This exclusion does,not apply to UabW Any persorKs) or orgarilzation(s) with for damage` that the vendor would whom you agree in. a written contract of have in the absence of the contract or agreement to name as an Ensured but only .agreement: with respect to liability arising out of the (2) Any express warranty unauthorized by ownership, maintenance or use of that you" part of the premises leased to you and (3) Any physical or chemical change in the subject to the Wowing additional product made Intentionally by the exclusions- vendor, (4) Repackaging, except when unpacked Tf&,insurance does not apply to: solely for the purpose of inspection, demonstmdon. tenting. of the (1) Any 'occurrence which takes place substitution of parts under instructions after you cease to be tenant in that from the rnanufacttAw, and then premises, repackaged in the original container (2) Structural alterations, nw.v (5) Any failure to make such inspections, ;adjustments, tests or servicing as the construction or dem-oliflon operations vendor has agreed to make or normally performed by or on behalf of the undertakes to make in the usual Course person(s)or organization(s). of business, in connection with the (Retribution or sale of the products. 6. SECTION tit — 'LIMITS CF INSURA14CE Is (6) Demonstration, installation. servicing or amended as fbillows. repair operations, except such operations performed at the vendor's Item 6- is deleted and replaced with the premises in connection with the sale of following: the product-, 5,. Subj�eci to 5. above, the Damage To (7) Products wi-itch,after distribution or sale Premises Rented To You Limit Is the most by you, have been)aWed or relabeled we wilt pay under Coverage A 'for or used as a container, part or Ingredient of any other thing or damages because OF "Property damage" substance by or for the vendor-,or to any one premises,while rented to you, [6) 'Bodily Injuy or -property damage or in the case of damage by fire, while rented to you or temPoro-MY OCCuPied by arising out or the sole negligence of the you with permission of the owner. vendor for its own acts of omissions or ti-,Gse of its employees or anyone else Items S.,S,and Ia.are-added as follows: acting on its behalf, However. this exclusion does not apply to: B. The rilost we vill pay under Voluntary (a) The exceptions contained In Property Damage for"loss` arising out of subparagraphs 4-of 6--or any one `occurrence" Is=0. The most %-.Ae vAii pay for the sum of all "tosses": under this coverage is$1,000. CG 70 93 08 05 Page 5 of 6 9. The :most we will pay under Care. 11he following is added to Item S.Transfer Of Custody or Cora l for"property damage' Rights Of Recovery Against Others To Lts: is$1.000 for each'occurrence'-The most we will pay for he sum of all damages We wraive any right of recovery we may have because of-property damage under this against any person. or organization with coverage is SUM respect to which the insured has waived Its right of recovery. 10.The most we will pay under Water Damage Legal Liablifty for all *Mpeq It is further Weed that -work :commenced damage arising out of any one under 14aUr of intent or work order,subject to o=Trence'is$26,000. subsequent reduction to writing, vAth ortomers whose customary written contracts would require a waiver of recovery rights 7. SECTION IV - COMMERCtAL GENERAL against them also falls within this blanket LIABUTY CONDITIONS Is amended as waiver of subrogation. fbilows: S. SECTION V- DEFINTIOLISIS is amended as Items e,and f. are added to Z Duties In The follov.'s.; Event Of Occurrence, Offense, Claim Or Suit as folio": Item 3. is amended to Include InddenEat Medical Malpractice injury. e. The requirement in Condition 2.a.applies only when the 'occurrence or offense is Incidental Medical Malpractice Injury means known to." injury arising out of the rendering of or the failure to render medical, eurgical, dental., x- (1) You.If you are an Mividue 1: ray, nursing or paramedical services to any persoNs)If employed by you to provide such (2) A partner,if you are a parbnersWp; services, (3) An 'executive officer' c.- insurance The fbliomng definition is added: manager,if you are a cciporation.or 23.-Loss' means unintandonal damage or (4) A manager,if you are a limited liabtlity destruction but does not include ODMPanY. disappearance.theft,a loss of use, IF, The requirement in Condition 2.b,will riot 9. LibemItzation be breached unlew the breach occurs after such ciaim or"suit"Is known to: If we adopt any revision that vmdd broaden the coverage under this endorsement vAilhout (1) You,If you are an-individual: additional premium within 45 days prior to or during the policy period, the broadened (2) A partner,if you are a partnership: coverage will fatmedlately apply to this andarsement. (3) An `executive officer" or insuronce manager,If you are a corporation;or (4) A manger. if you are a jimfted liablRy company. The following is added to Item 6. Representations: d. Your failure to disclose all hazards or prior "occurrences"existing as of the incepVon date of this policy shall not prejudice the coverage afforded by this policy.provided such failure to disclose all hazards or prior o=rrences"is not Intentional, GG 70 93 08 05 Page 6 of 6 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. MINNESOTA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the fallowing: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT- RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. When this endorsement is attached to the b. 90 Days Or More Standard Property Policy CP 00 99 the term If this policy has been in effect for 90 Coverage Part in this endorsement is replaced by the term Policy, days or more, or if it is a renewal of a policy we issued, we may cancel only B. The following provisions apply except when for one or more of the following rea- Paragraph C. of this endorsement applies: sons: The Cancellation Common Policy Condition is (1) Nonpayment of premium; replaced by the following: (2) Misrepresentation or fraud made by you or with your knowledge in CANCELLATION obtaining the policy or in pursuing 1. The first Named Insured shown in the Dec- a claim under the policy; larations may cancel this policy by mailing (3) An act or omission by you that or delivering to us advance written notice substantially increases or changes of cancellation. the risk insured; 2. We may cancel this policy, subject to the (4) Refusal by you to eliminate known provisions of Paragraph 8.3. below, by first conditions that increase the po- class mailing, or by delivery, of a written tential for loss after notification by notice of cancellation to the first Named In- us that the condition must be re- sured and any agent, to their last mailing moved; addresses known to us. Notice of cancel- (5) Substantial change in the risk as- lation will state the effective date of can- sumed, except to the extent that ceilation. The policy period will end on that we should reasonably have fore- date, seen the change or contemplated the risk in writing the contract; 3. Policies In Effect (6) Loss of reinsurance by us which a. Less Than 90 Days provided coverage to us for a sig- nificant amount of the underlying If this policy is a new policy and has risk insured. Any notice of can- been in effect for fewer than 90 days, ceilation pursuant to this item we may cancel for any reason by giv- shall advise the policyholder that he or she has 10 days from the ing notice at least: date of receipt of the notice to ap- (1) 10 days before the effective date peal the cancellation to the com- of cancellation, if we cancel for missioner of commerce and that the commissioner will render a nonpayment of premium; or decision as to whether the can- ( ceilation is justified because of the 2) 30 days before the effective date foss of reinsurance within 30 busi- of cancellation, if we cancel for ness days after receipt of the ap- any other reason. peal; ®ISO Properties, Inc.,2007 IL 02 45 09 08 Page 1 of 3