Loading...
05-886Council File # ��p Green Sheet # 3�� IOZ Presented RESOLUTION SAINT PAUL, MINNESOTA `� � i RESOLUTIONAPPROVING THE USE OFKENNEDY& GRAVEN, CHARTERED TOASSIST YHE CITYNSP/XCEL GASAND ELECTffiC FRANCHISES NEGOTIATING COMMITTEE 1 WHEREAS, the Charter of the City of Saint Paul requires that any entity using City property or the 2 City's right of way — or which maintains permanent or semipermanent fixtures therein for purposes 3 of operating a utility — have a franchise from the City; and 4 WHEREAS, Northern States Power (NSP), now known as Xcel Energy, was granted two ten-year 5 franchises by the City in 1996, through Council Files 96-416 and 96-417, to provide gas and electric 6 service within the City of Saint Paul from July 1, 1996 through June 30, 2006; and 7 WHEREAS, the current NSP franchise agreements for use of the City's right-of-way to provide gas 8 and electric service cover issues ranging from the rate regulation, franchise fee rates and structure, to 9 issues of location of gas pipes, electric poles and other utility facilities, as well as the terms and 10 conditions for changes thereto; and 11 WHEREAS, the Mayor and City Council acted in concert (Council File #OS-152 ) to appoint Trudy 12 Moloney, Director of Council Operations; Manuel Cervantes, City Attorney; Bob Sandquist, 13 Director of Public Works; and Janeen Rosas, Director of the Office of License, Inspections and 14 Environmental Protection to serve on the City-NSP/Xce12006-2016 Gas and Electric Franchises 15 Negotiating Committee chaired by Matt Smith, Director of Financial Services; and 16 WHEREAS, the process of negotiating a utility franchise agreement, by its nature, involves 17 conducting legal and subject matter specific research and analysis and the City NSP/Xcel Gas and 18 Electric Franchises Negotiating Committee released a request for proposals (RFP)for assistance in 19 preparing to negotiate these franchises; and 20 WHEREAS, based on its review of the responses to this RFP the committee selected two firms to 21 provide assistance to the City, these being Progressive Energy Solutions, LLC and Kennedy & 22 Graven Chartered; and 23 WHEREAS, it is anticipated that some items in the scope of services section of the City's contract 24 with Kennedy & Graven may be legal in nature; and 25 WHEREAS, the City Attorney is recommending to the City Council, pursuant to City Charter Sec. 26 5.02. that outside counsel be hired to assist in the negotiation, as specified in the attached contract; 27 now, therefore, be it 28 RESOLVED, that the Saint Paul City Council appoints Kennedy & Graven, Chartered as outside 29 counsel to assist the CiTy NSP/Xcel Gas and Electric Franchises Negotiating Committee; and be it 30 RESOLVED, that the Saint Paul City Council fixes the compensation to Kennedy & Graven, 31 Chartered at the level described in the attached contract. � ;: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � nG _ccSC(n DepartrneM/office/wuncil: Date Initiated: V� V�+ ' co �ouncil 22-SEP-0S Green Sheet NO: 3028102 Contact Person & Phone• Deoar6neM Serrt To Person InitiaVDate Marcia Mcermond � 0 ouncil 266-8560 ps,,�y� 1 ouncil ___ DeoartmentDirector � Must Be on Council Agenda by (Date): Number y � Attorne Por Routing 3 or's Ofice Ma or/ASSistant � Order 4 o n - 1 " 5 ' Clerk Ci C7erk ' Totai # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving the use of Kennedy and Graven to assist the City NSP/Xcel Gas and Electric Franchises Negoriating Committee. ,� Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: .� Planning Commission 1. Has this personffirm ever worked under a contract Por this department? CIB Committee Yes No � Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No , , 3. Does this person�rtn possess a skiff not nortnalty possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet 4 �- Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ���?�-., � - �<� � AdvantageslfApproved: DisadvantaStes If Approved: DisadvaMages If Not Approved: , Tofal Amount of CostlRevenue Budgeted: � � ' Transaction; Fundinp Source: Activity Number: ' ���f?r�ft'h (°,csnffov Financiai Information: � (Explain) SEP 2 2 2QQ5 OS-$�6� Agreement # Between the City of Saint Paul and Kennedy & Graven, Chartered THIS AGREEMENT, made and entered into this _ day of , 2005, by and between the City of Saint Paul, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Kennedy & Graven, Chartered, whose address is 470 US Bank Plaza, 200 South Sixth Street, Minneapolis, MN 55402, hereinafter referred to as "Consultant." The City and Consultant , in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: SECTION 1. Scope of Services. Consultant agrees to provide consultant services for Gas and Electric Franchise Negotiation for the City of Saint Paul as described in its proposal dated May 25, 2005 and subsequent letter dated August 5, 2005, per RFP 24655-3. The specific tasks, deliverables, time lines, etc. that make up these services aze as follows: Phase I: Research and Planning A. Calculate the value of the franchise provision relaring to the City's right to acquire, as well as the advisability of selling it. Estimated hours: 4-8 hours at $180.00 per hour B. Assist the reseazch team in developing of a list of questions to submit to Xcel Estimated hours: 4-8 hours at $180.00 per hour C. Assist the research team in analyzing other cities' franchises Estimated hours: 5-10 hours at $180.00 per hour D. Assist the research team in analyzing feasibility of municipalization Estimated hours: 5-20 hours at $180.00 per hour E. Assist the reseazch team in developing the issue list Estimated hours: 4-10 hours at $180.00 per hour F. Assist the research team in reviewing recent Xcel franchises Estimated hours: 4-8 hours at $180.00 per hour G. Suinmarize state law affecting negotiations with Xcel Estimated hours: 4-8 hours at $180.00 per hour Phase II: Negoriafion A. Assist the Negotiating Team in the franchise negotiation process Estimated hours: 0-100 hours at $180.00 per hour SECITON 2. Time For Completion. A. The services rendered by Consultant shall be commenced upon execution of the Agreement and notification by the City to proceed and will be completed in accordance with the schedule mutually agreed upon with the City which follows, but no later than one year from the effective date of this Agreement. 1 :�• B. Consultaut shall not proceed with any task without specific authorization from the Project Manager designated by the City. C. In the event that there aze delays caused by actions of the City or which may be reasonably requested by the Consultant which can change the completion date, Consultant shali request an extension of time for complerion of the project. The Project Manager will review the request and may grant to the Consultant such eactensions of contract time as may be reasonable. SECTION 3. Billings and Payment. A. That for ConsultauYs faithful performance ofthis Agreement, the City hereby agrees to compensate Consultant in the amount(s) and according to the schedule that follows. See Section 1"Scope of Services" Hourly rate of $180 plus out ofpocket expenses B. The above amounts shall fully compensate Consultant for all work and associated costs. The City will honar no daim for services and/or costs provided by the Consultant not specifically provided for in this Agreement. Total costs for the project shall not exceed $15,000 for Phase I and $20,000 for Phase II. C. Consultant shall submit an itemized invoice monthly. Upon receipt of the invoice and verification of the chazges by the Project Manager, the City shall make payment to Consultant within thirry (30) days. D. In the event the Consultant fails to comply with any terms or conditions of the contract or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in the sections of this Agreement. SECTION 4. Project Management. A. The City requires the Consultant to assign specific individuals as principal project members and to assure that the major work and coordina6on will remain the responsibility of these individuals during the term of the Agreement. Removal of any principal project member without repiacement by equally qualified individuals or without the prior written approval of the City is grounds for termination of the Agreement by the City. Consultant's principal project members are: James Strommen B. The City has designated Mazcia Moermond and Lisa Veith as Project Managers for this Agreement, and the individuals to whom all communications pertaining to the Agreement shall be addressed. The Project Managers shall have the authority to transmit inshuctions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. SECTION 5: City Responsibilifies. A. The City agrees to provide Consultant with access to any information froin City documents, staff, and other sources needed by Consultant to complete the work described herein. � •►' SECTION 6. Work Prodncfs, Records, Dissemination of Informafion. A. For purposes of this Agreement, the following words and phrases shali have the meanings set forth in this secfion, except where the contest cleariy indicates that a different meaning is intended. "Work product" shall mean any report, recommendarion, paper, presentation, drawing, demonstrarion, or other materials, whether in written, electronic, or other format that results from ConsultanYs services under this Agreement. "Supporting documentation" shall mean any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Business records" shall mean any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Consultant and pertaining to work performed under this Agreement. B. All deliverable work products and supporting documentation that result from the ConsultanYs services under this Agreement shall be delivered to the City and shall become the properry of the City after final payment is made to the Consultant with no right, title, or interest in said work products or supporting documentation vesting in Consultant . C. The Consultant agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepazed by the Consultant under this Agreement, shall be delivered to the City by Consultant by the termination date and there shall be no fiu�ther obligation of the City to Consultant except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The Consultant agrees to maintain all business records in such a manner as will readily conform to the terms ofthis Agreement and to make such materials available at its office at all reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. Consultant agrees to abide strictly by Chapter 13, Minnesota Government Data Practices Act , and in particular Minn. Stat.§§ 13.05, subd. 6 and 11; and 1337, subd. 1(b) and Minn. Stat §§ 138.17 and 15.17. All ofthe data created, collected, received, stored, used, maintained, or disseminated by the Consultant in performing funcrions under this Agreement is subject to the requirements of the Minnesota Government Data Practices Act and Consultant must comply with those requirements as if it were a governmental entity. If any provision of this Agreement is in conflict with the Mimiesota Govemment Data Practices Act or other Minnesota state laws, state law shall control. � -� ., SECTTON 7. Equal Opportunity Employment. A. Consultant will not discriuiinate against any employee or applicant for employment for work under this Agreement because of race, creed, relia on, color, sex, sexual or affectional orientation, nadonal origin, anceshy, familial status, age, disability, marital status, or status with regazd to public assistance and will take affumarive steps to ensure that appiicants are employed and employees aze treated during employment without regazd to the same. This provision shall include, but not be limited to the following: employment, upgading, demo6on, or transfer; recnutrnent advertising, layoff or terminarion; rates of pay or their forms of compensation; and selection for training, including apprenficeship. SECT'ION 8. Compliance With AppGcable Law. A. Consultant agrees to comply with all federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the ConsultanYs performance of the provisions of this Agreement. It shall be the obligation of the Consultant to apply for, pay for, and obtain all permits and/or licenses required. SECTION 9. Conflict of Interest. A. Consultant agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. B. ConsultanYs acceptance ofthis Agreement indicates compliance with Chapter 24.03 of the Saint Paul Administrative Code: `Bxcept as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City." C. Consultant agrees that, should any conflict or potential conflict of interest become known, Consultant will advise the Purchasing Systems Manager of the situation so that a determination can be made about ConsultanYs ability to continue performing services under the Agreement. SECTION 10. Insurauce. A. Consultant shall be required to carry insurance of the kind and in the amounts shown below for the life of the contract. Insurance certificates should state that the City of Saint Paul, its empioyees and officials are Additional Insureds. A cross suits endorsement shall be provided to the benefit of the City. 1. Public Liabilitv Insurance a) Bodily Injury $1,000,000 $2,000,000 each occurrence aggregate b) Properry Damage $1,000,000 $2,000,000 each accident aggregate c) Policy must include an "all services, products, or completed transactions" endorsement. OS-$�� 2. Automobile Insurance a) Bodily Tnjury $ 750,000 per person $1,000,000 peraccident b) Property damage not less than $50,000 per accident 3. Worker's Comnensarion and Emnlover's Liabilitv a) Worker's Compensation per Minnesota Statute b) Employer's Liability shall have minimum limits of $500,000 per accident; $500,000 per employee; $500,000 per disease policy limit. c) Contractors with 10 or fewer employees who do not have Worker's Compensation coverage are required to provide the City with a letter verifying their number of employees. A. Professional Liabilitv Insurance a) $1,000,000 per occurrence b) $2,000,000 aggregate 5. General Insurance Requirements a) The policy is to be written on an occurrence basis or as acceptable to the City. Certificate of insurance must indicate if the policy is issued on a claims-made or occurrence basis. All certificates of insurance shall provide that the City's Division of Contract and Analysis Services be given not less than thiriy (30) days prior written notice of cancellation, non-renewal or any material changes in the policy; including, but not limited to, coverage amounts. Agent must state on the certificate ifpolicy includes errors and omissions coverage. b) The Consultant shall not commence work until a Certificate of Insurance covering all of the insurance required for this project is approved and the project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extension periods. c) The City reserves the right to review Contractor's insurance policies at any time to verify that City requirements have been met. d) Nothing sha11 preclude the City from requiring Contractor to purchase and Provide evidence ofaddirionalinsurance. e) Safisfaction of policy and endorsement requirements for General Liability and Auto Insurance, of "each occurrence" and "aggregate" limits, can be met with an umbrella or excess policy with the same minimum monetary lunits written on an occurrence basis, providing it is written by the same insurance carrier. SECTION 11. Independent Contractor. A. It is agreed by the parties that, at all times and for all purposes within tlte scope of the Agreement, the relationship of the Consultant to the City is that of independent contractor and not that of employee. No statement contained in this Agreement shail be conshued so as to find Consultant an employee of the City, and Consultant shall be entitled to none of the Fights, privileges, or benefits of Saint Paul employees. • �.� SECTTON 12. Subcontracting. A. The Consultant agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. SECTION 13. Hold Harmless. A. The Consultant shall indemnify, save and hold harmless, protect, and defend the City, its officers, agents, and employees from all claims, actions or suits of any chazacter brought for or on account of any claimed or alleged injuries or daznages received by any person or properiy, including the City, resulting from any act or omission by any person empioyed by Consultant in carrying out the terms ofthis Agreement. SECTION 14. Assignment. A. The City and the Consultaut each binds itself and its successors, legal representarives, and assigns of such other parry, with respect to all covenants of this Agreement; and neither the CiTy �or the Consultant will assign or fransfer their interest in this Agreement without the written consent of the other. SECTION 15. Terminafion. A. This Agreement will continue in full force and effect untii completion of the project as described herein unless either party terminates it at an earlier date. Either party to this Agreement may terminate it by giving no less than thirry (30) days written notice of the intent to terminate to the other party. B. With Cause. The City reserves the right to terminate this Agreement if the Consultant violates any of the terms or does not fulfill, in a timely and proper manner, its obligarions under this Agreement as determined by the City. In the event that the City exercises its right to withhold payment or terminate under this Section, it shall submit written norice to the Consuitant , specifying the extent of such withholding or termination under this Section, the reasons therefore, and the date upon which such withholding or termination becomes effective. Upon receipt of such notice, the Consultant shall take all actions necessary to discontinue further commitments of funds to the extent that they relate to the terminated portions of this Agreement. C. In the event oftermination, the City will pay Consultant for all services actually, timely, and faithfully rendered up to the receipt of the notice of terminarion and thereafter until the date of termination. The Consultant will deliver all work products and supporting documentation developed up to the time of termination prior to the City rendering fmal payment for service. SECTION 16: Default by Consultant. A. In the event Consultant fails or neglects to comply with any term or condirion of this Agreement or to provide the services stated herein, City shall have the right, after written notice, to cease payment hereunder. This remedy shail be in addition to any other remedies, including terminafion, available to the City in law or equity. The City shall be entitled to recover reasonable attorney's fees and costs of collection associated with enforcing its rights hereunder. SECTION 17. Amendment or Changes to Agreement. A. City or Consultant may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes and method of compensation must be authorized in writing in advance by the City. 05-8�� B. Any alterations, amendments, delerions, or waivers of the provisions of this Ageement shall be valid only when reduced to writing and duly signed by the parties. C. Modifications or addirional schedules shall not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this AgreemenY' as used herein shall be deemed to include any future amendments, modifications, and addirional schedules made in accordance herewith. 5ECITON 18. Notices. A. Except as otherwise stated in this Agreement, any norice or demand to be given under this Agreement shall be delivered in person or deposited in United States Certified Mail, Retum Receipt Requested. Any notices or other communications shall be addressed as follows: To Ci : Mazcia Moermond Saint Paul City Council Reseazch Center 310 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 and Lisa Vieth City Attorney's Office Civil Division 400 City Hall 15 West Kellogg Blvd. Saint Paul, MN 55102 To Consultant : James M. Strommen Kennedy & Grauen, Chartered 470 i1S Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 SECTION 19. Waiver. A. Any fault of a pariy to assert any right under this Agreement shall not constitute a waiver or a termination of that right, this Agreement, or any of this Agreement's provisions. SECTION 20. Survival of Obligations. A. The respective obligations of the City and Consultant under these terms and conditions, which by their nature would continue beyond the termination, cancellation, or expiration hereof, shall survive termination, cancellafion or expiration hereof. B. If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision herein is unlawful, this Agreement or that provision, shall terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement shali continue in effect. SECTION 21. Interpretation of Agreement, Venue. A. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. A111itigation related to this Agreement shall be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. SECTION 22. Force Majeure. A. Neither the City nor the Consultant shall be held responsible for performance if its performance is prevented by acts or events beyond the pariy's reasonable control, including, but not limited to: severe weather and storms, earthquake or other natural occurrences, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nucleaz or other civil military emergencies, or acts of legislative, judicial, executive, or administrative authorities. SECTION 23. Entire Agreement. 7 o5-s�4 A. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations befween the parties relating to the subject matters herein. IN WITNESS WIIEREOF, the parties hereto are authorized signatories and have executed this Agreement, the day and yeaz first abo� --"`-- �or the City of Saint Paul: Approved as to form: G// S/i �?�.Cyt7/ Assistant City Attorney Executed.• � Director,OfficeofFinancialServices TazpayerID: 41��1225694 �S Funding:001-00110-0219 Prepared by: Susan Feuerherm/CAS/8-15-OS ACORD,,, CERTIFICATE OF LIABILITY INSURANCE PRODUCFR g THIS CERTIFICATE 15 ISSUED AS A MATTER BerkZey Ris]c Admiaistrators Co �N�Y AND CONFERS NO RIGNTS UPON HOLDER. THIS CERTIFICATE DOES NOT AN 222 So 9th St - Suite 2300 ALTER THE COVERAGE AFFORDED BY THE Mianeapolis, MN 55402-3332 INSURm geanedy & Graven, 470 �S Bank PZaza 200 S 6tfi St Miaaeapolis, MN Cfiartered INSURERS AFFORDING COVERAGE INSiTRgNC& CO e: 554 02 E: DATE(MM/�DM'YY) VFORMATION CERTIFICATE EXTEND OR NAIC# 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 �OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE tSSUED 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 REDUCE� BY PAID CLAIMS. INSR DD' POLICYEFFECTIVE POLICYIXPIRATION LTR NSR POIJCY NUMBER DATE MM D DATE MM UD LIMITS GENERlLL IJA81l1TY EACH OCCUflRENCE 5 DAMAGE TO RENTED COMMERGIALGENERALLIABILITY PREMISES Eaoccurence 5 CLAIMSMADE �OCCUR MEDEXP(Anyoneperson) $ PEflSONAL&ADVINJURY S GENERA� AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRQ�UCTS- COMPlOP AGG 5 POLICY PR � JE T LOC AUTOMOBILE LIABILITY ANVAUTO I�aacBCitlerrcSINGLELIMIT $ ALL OW NED AUTOS B��IIYlNIURY $ SCHE�UlEO AUTOS (Per Personl . HIRED AUTOS � � - - � . . . - BODILVINJURY $ NON-OWNEDAUTOS � - " � ' -" �... . ....-'"." . .. . . - , (Peraccitlentl —. _ _.__ __ _ _ . PROPERTY �AMAGE 5 IPeracatlenU GARAGELIABILITV AUTOONLY-EAACqDENT 5 ANYAUTO OTHERTHAN EAACC 5 AUTOONLY: qGG 5 EXCESS(UM6RELlA LLA6IUTY EACH OCGURRENCE $ OCCUP � CLAIMSMADE AGGPEGATE 5 5 DEDUCTIBLE � $ RETENTION 5 $ WORKERSCOMPENSATIONAND WCSfATU- OTH- EMPLOVEflS' pA6tL'TY T R ANVPROPRIETOR/PAftTNER/EXECUTIVE E.LEACHACqDENT S OFFICEP/MEMBEq EXCLU�ED? E.L. DISEASE - EA EMPLOVEE S Ifyes,describeuntler SPEpALPFOVI510N5below E.L.DISEASE-POLICVLIMIT $ g OTHm 9 63 032 8/3 IO/OZ/2004 10/Ol/2005 .$$, 000, 000/CZBi. Lawyers' Prof LiabiSi $5,000,000/agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / IXCWSIONS ADDE� BY ENDORSENIENT / SPEqAL PR�VIS�ONS -Tfiis certificate of insurance does noE prov.,ide Srrors and-Omissions couerage. �_ . _ - OERTIFICATE HOLDER r.nmr.Fi i nnnm City of St Paul Coatract & Analysis Services 15 W Rellogg BZvd SC Paul� bIN 55102-1634 SHOULD ANY OF THE ABOVE DESCRIBm POLICIE5 BE CANCELLED BEFORE THE IXPIRATION DATE THFREOF, THE ISSUING INSURQt WILL FNOEAVOR TO MAIL 3 � DAYS WRITTFN NpTICE TO THE CERTIFlCATE HOLDER NAMFD TO THE tEFT, BUT FAILOPE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIIITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESFNTATIVE ACORD25(2001/08) � �ACORD C PORATION 1958 ACOR��, CERTIFICATE OF LIABILITY INSURANCE ?RO�IICER (763) 574-7447 FAX (763) 574-7504 THIS CERTIFICATE IS ISSUED AS A MATTER The Insurance Mart ONLY AND CONFERS NO RIGHTS UPON THE 6875 Hi ghway 6S NE FiOL6ER. THIS CERSIFICATE DOES NOT AME ALTER THE COVER.4GE AFFORDED BY THE �� Fridley, MN 55432 INSURERS AFFORDING COVERAGE 200 S 6th Street Minneapolis, MN 55402 INSURERA United Fire & INSURER B: WSURER C INSURER D: INSURER E NAIC # 13021 COVERAGES THE POLICIES OF INSURqNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NONJITHSTANDING ANY REQUIREMENT, 7ERM OR CONDITION OF ANY CONIRACT 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 CONDRIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 0�' 7ypEOFINSUR4NCE POLICYNUMBER P�U�EFFEC7IVE POLICYEXPIRATON LIMITS GENERALLIABILI7Y 60319927 02/02/2005 02/02/2006 �CHOCCURRENCE s 1,000,000 X COMMERCIALGENERALLWBILRY DAMAGETORENTED $ ],OO�OO CU+IMS MADE a OCCUR ME� EXP (Myone person) $ 5 �� A X PERSONAI & AOV INJURY $ ]. � OOO � OO GENERALAGGREGATE $ Z�OOO�OOO GEN'LAGGREGATELIMRAPPLIESPER. PRODUCTS-COMP/OPAGG $ Z�OOO�OO POLICV PR � LOC JECT AUTOMOBIhELIABILIiY - - GOBL9JZZ..�Z�QZ�ZOOS .OZ�OZ�ZOOG COMBINE�SINGLELIMIT ANY AUTO - . . _. _ _ . _ ., , . _ . _ IEa amident) $ Zr�O����� AlL OWNED AUTOS BODILV INJURY $ A X SCHEDULEDAUTOS (Perperson) X HIRED AUTOS BO�ILYINJURY $ .� NON-0WNE�AUTOS , (Peraccitlent) PROPERTYOAMAGE $ (Per axadenQ GARAGELIABILITV AUTOONLV-EAACCIDENT $ � OTHERTHAN EAACC $ AUTOONLV: AGG $ EXCE5541MBRELLq LIABILIiY EACH OCCURRENCE $ OCWR � ClA1MSMADE AGGREGATE $ $ �EDUCTIBLE $ RETENTION $ $ WORKERSCOMPENSATIONAND 60319927 �Z��Z�2005 �Z��Z�zQQ( �STATU- OTH- EMPLOYERS• LIABILITY j� ANY PROPRIETOR/PARTNERJEXECUTNE E.l. EACH ACCIDENT $ SOO � OO OFFICER/MEMBER EXCWDED� if yes, desaibe under EL DISEASE-EAEMPLOVE $ SOO�OOO SPECIAL PROVISIONS below E.L DISEASE-POLICV LIMR $ SOO � OO OTHER DESCRIPTON OF OPERATON5/ LOCATONS / VEHICLES / IXCLUSIONS ADDED BV EN WRSEMENT/ SPECIAL PROVISIONS ity of Saint Paul, its employees and officials are named as Additional Insured in regards to the eneral Liability. Policy does not include errors and omissions coverage. CERTIFICATE HOL�ER_. raNr.Fi � eTinN -� - City of Saint Paul Division of Gontract and Analysis Services 15 W Kellogg Blvd St Paul, MN 55102-1634 -- SHOIILDANVOFTHEABOVEDESCRIBEUPOLICIESBECANGELLEDBEFORETXE , IXPIRATION DATE THEREOF, iHE ISSUING INSURER WILL ENOEAVOR TO MAIL 3O DAVS VJRITfEN NOi10E TO iHE CERTIFICATE HOLOER NAMED TO THE LEFf, BUT FAILURE TO MAIL SUCH NOi10E SHALL IMP0.5E NO OBLIGATON OR LIABILITY OF ANY KINO UPON THE MSURER. ITS AGENTS oR acaRFSCxinnvos ACORD 25 (2001/O8) OOACORD CORPORATION 1988 p5-��e IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) musf be endorsed. A statement on this certficate does not confer rights to the certficate hoider in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subjed 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 on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, eMend or alter the coverage afforded by the policies listed thereon. ..�.vRU za �zuuvvu� ACOR� CERTIFICATE OF LIABILITY INSURANCE eROOUCea (76;� 574-7447 FAX (763) 574-7504 THIS CERTIFICATE IS ISSUED AS A MAT The Insurance Mart ONLYAND CONFERS NO RIGHTS UPON 6875 Highway 65 NE HOLDER. THIS CERTIFICATE DOES NOT ALTER THE COVERAGE AFFORDED BY'. Fridley, MN 55432 INSURED 200 5 6th Street Minneapolis, MN 55402 INSURERS AFFORDING COVERAGE INSl1RERA United Fire MSURER C: INSURER 0: INSURER E NAIC # COVERAGES THE POLICIES OF INSUR4NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NONJITHSTANDING 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 BYTHE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS. INSR DD' 1ypEOFINSURANCE POLICYNUMBER POIIGYEFFECTNE POIJCVEXPIRATON UMITS GENERAL LIABILI7Y 60319927 �2��2�2005 �2�02�2�0() EACH OCCURRENCE S ]. � 000 Q� X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTE� $ ZOO � OOO CL41MS MADE a OCCUR MED EXP (My ane person) $ 5�� A X PERSONAL 8 ADV INJURY $ S� OOO � OO � GENER.4� AGGREGATE $ 2� OOO � OO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ Z�OOO�OOO POLICY PRO- JECT LOC AUTOMOBILE LIABILIiY 60319927 �2��2�2�05 02��2�20�( COMBINE� SINGLE LIMIT ANYAUTO (Eaaccitlent) $ 1��0���0 ALL ONMED AUTOS ' BODILY 1NJURY $ A �, SCHEDULEDAUTOS � � _ : (Perperson) X HIRED AUTOS BODILY INJURY $ x NONANMEDAUTOS (Peramdent) - PROPERTV�AMAGE $ (Per acadent) GARAGELIABILI'�'Y AUTOONLY-EAACCIDENT $ ANVAUTO EAACG $ OTHER7HAN AUTO ONLV: qGG $ EXCESSlUMBRELLALIABILI7Y FACNOCWRRENCE $ OCCUR � CLAIMS MADE AGGREGATE $ $ OE�UCTIBLE $ RETENTION $ g WORKERSCOMPENSATIONAND 60319927 �2��2�20�5 �2�02�2�0() �STATU- OTH- EMPLOYERS' LIABILITY /, ANVPROPRIETOft/PARTNER/EXECUTIVE E.I.FACHACCIDENT $ SOO�OO OFFICER/MEMBEREXCLUDED? E.L.OISEASE-EAEMPLOYE $ SOO�OOO If yes, tlesQibe untler SPECIAL PROVISIONS below E.L OISEASE - POLICY LIMR $ SOO � OO O7HER OESCRIPTION OF OPERATIONS! LOCAitONS f VEHIGLES � E%CUISIONS ADOE� BY ENOORSEMENT/ SPEGIAL PROVISIONS ity of Saint Paul, its employees and officials are named as Additional Insured in regards to the eneral Liability. CER71FlCATE HOLnER r.eurtci i erinn� City of Saint Paul Division of Gontract and Analysis Services 15 W Kellogg Blvd St Paul, MN 55102-1634 SHOULD ANY OF THE ABOVE OESGRIBED POLIGIES BE CANCELLED BEFORE THE IXPIRATON OATE THEREOF, THE ISSUINfi INSURER WILL ENDEAVOR TO MAIL 3O �AVS WRITTEN NOTICE TO 7HE CERTiFICATE HOLDER NAMED TO THE LEFf, BUT FAILURE TO MAIL SUCH N SHALL IMPOSE NO OBI_IGATION OR LIABILI7Y OF ANV KIND IIPON THE INSUR�R, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATVE9 .. . . l � ACORD 25 (2001/08� �� ( � cOACORO CORPORATION 7988 � •►' IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subjed 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 on the reverse side of this form does not constitute a contract behveen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, eutend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/OS) ACORD,� CERTIFICA anooucm BerkZey Rislc Admi.aistrators Co 222 30 9Efi St - Suite 1300 r �neapolis, b7N 55402-3332 ( INSURm Reaaedy & Graven, Cfiartered 470 Pillsbury Center 200 s 6tfi st Mianeapolis, MN 55402 F LIABILITY INSURAN�;� DATE(MM/DDJYYyy) 4 THIS CERTIFICATE IS ISSUED AS A MATfER OF INFORMATION ONLV AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PounFS RFinw INSURERS AFFORDING COVERqGE e: � NAIC# 10510 COVERAGES � THE POLICIES OF INSUR4NCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIQ� IN�ICATED. NOTWITFVSTAPJDING ANY REQUIREMENT, TEfiM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRI6ED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POL�CIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UD' � � POLICY NUM6ER POLICY EFFECTNE POLICY IXPIRATION U TE MM DD DATE MM DD LIMRS cQUmai. uawurv E4CH OCCURRENGE $ COMMERCIAL GENERAL LIABILITY �AMAGE TO RENTED PREMISES Ea occurence S CLAIMSMADE OCCUfl MEDEXP�AnyonepersoN 5 PEFSONAL& ADVINJURV 5 GENERAL AGGREGATE $ GEN'L AGGRE6ATE liMlT APPLIES PER: PRODVCTS-COMP/OPAGG 5 POLICY PRO- lOC AUTOMaBtIEIIABfLITY ANYAUTO COMBINEDSINGLELIMIT $ (Ea accitle`n) ALL OW NED AUTOS BODILVINJURY 5 SCHEpULED AUTOS IPer person� HIRED AUTOS BODILYINJURV s NON-OWNEDAUTOS (P¢rscmtlent) PROPERTY DAMAGE 5 � IPeraccitlenU GARAGE LIABILI7Y AUTOONLY-EAACCIpENT $ ANYqUTO OTHERTHAN EAACC S AUTOONLY: pGG S IXCE55/UMBRELLA LIABNTY EACH OCCURRENCE $ OCCUfl CLAIMSMADE AGGFEGATE $ S DEDUCiIB�E S RETENTION $ $ WORKEqSCOMPENSATIONANO WCSTATU- OTH- EM1IPLOYEPS' pAeNTY T LI ANY PROPRIEiOR/PAftTNEF/EXECUTIVE E.L EACH ACQDENT 5 OFPICERIMEM6ER EXCLUDED? Ityes,describeuntler E.L. DISEASE - EA EMPIOYEE S SPECIAL PROVISIONS below E.L.DISEASE-POLICVLIMIT S }� OTHER 9630328/3 10/Ol/2004 10/Ol/200$ $$,000,000/CZai Lawyers� Prof Liabili $5,000,000/agg OESCRIPTION OF OPERATIONS / LOCATIONS ( VFHICLES / IXCWSIONS ADDFD BV ENDORSEMEtJT / SPEqAL PROVISIONS AII certificates of insurance sfiaSl provide that tfie City�s Division of Contract and AnaSysis Services be given not Zess tfian thirty days prior written noEice of canceZSation, non-renewaS or any materiaZ cfianges in tfie policy including but aot Simited to coverage amounts. Agent must state on the certificate if poSiay iacludes errors & omissions coverage. CERTIFICATE HOLDER_ remre���-r�.,.� City oE St. Paul ContracE & Analysis Services ( West RelZogg BouZevard �-. PauZ, MN 55102-Z634 SHOULD qNV OF THE ABOVE DESCPIBED POLICIES BE CANCFLLFD BEFORE THE IXPIRATION DATE THEf{EOF. THE ISSUING INSURER WILL ENDFAVOR TO MA1L 3 O DAYS WRI'TTEN NOTICE TO TNE CFRTIFICATE HOLDEA NAMm TO THE LEFT, BUT FAII.URE TO DO S� SHALL IMPOSE NO OBIJGATION OR LIABIIJTY OF ANY KIND UPON THE INSURER, ITS AGEHTS OR AUTHORI2ED REPRESENTATIVE ACORD25(2001/08) ACORD� CERTIFICATE� � PRODUCQt Berkley &isk Admiaistrators Co 222 So 9tfi St - Suite 1300 �`�+neapoZis, MN 55402-3332 wsursFn ge�yedy & Graven, Cfiartered 470 PiZZsbury Center 200 S 6tfi sE MianeapoZis, bIN 55402 F LIABILITY INSURAN�;� ' 4 THIS CERTIFICATE IS ISSUED AS A MATTER OF ONLY AND CONFERS NO RIGHTS UPON THE HOLDER. THIS CERTIFICATE DOES NOT AMENC ALTER THE COVERAGE AFFORDED BY THE POL INSURERS AFFORDING COVERAGE INSUREfl A: CAROLINA CASIIALTY ZNSaRANCS CO INSURER D: EXTEND NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE eEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTqIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU&IECT TO ALL THE TERMS, EXCLUSIONS AND CaNDITIONS OF SUCH POLICIES. AGGREGATE LIMtTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. eenEw,� uas�urr COMMERCIAL GENERAL LJABILITY CLAIMSMADE ❑ OCCUR GEN'L AGGREGATE LIMIT kPPLIES PER: POLICV PRO- � 1 JECT I � LOC AViOMO6ILEL1A614TY ANYAUTO ALL OW NED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0 WNED AUTOS GARAGE LIABIIIN � ANVAUTO � COMBINED SINGLE LIMIT (Ea accitleMl BODIIY INJURY (Per personl BODILYINJURY (Peraccitlent� PFOPERTV DAMAGE IPeracadenU � 5 S & 5 5 S 5 S S S S S 5 6 ucwsiuMePp.LA pABWTY OCCUR � ClA1MSMADE �EDUCTI6LE FEfENTlON $ WORKERSCOMPEMSATiONAND EMPLOYFAS' LIABILITY ANY PqpPqIETOfl/PARTNER�EXECUTIVE OFflCEfl/MEMBEP EXCLUDED? ifyes,tlescribeuntler SPECIAL PROVISIONS below A � 9 63 0 3 2 8/3 Larvyers' Pro£ Liabili OTHERTHAN AUTOONLV: E EL. DISEASE- POLICY LlMlT io/oi/zoo4 ia/oi/2oos Ss,aoo,000/oiai $5,000,000/agg DESCRIPTION OF OPERATIONS / LOCATIONS / YEHICLES! IXCLUSIONS AD�ED BV FNDORSEMENT / SPECIAI PROVISIONS AIZ cestificates o£ iasurance sfialZ provide that tfie City's Division of ConEract aad AnaZysis Services be given aot 2ess tfian thirty days prior svritten notice of cancellation, non-renewaZ or any material cfianges ia tfie palicy including but not limited to coverage amounts. Ageat must state on the certificate if poZicy incZudes errors & om3s.G;.,,,� ......e,-e,... City of St_ Paul Contract & Analysis Services / [4est KelSogg Boulevard �-_. PauZ, ISN 55102-1634 SHOULP ANY OF THE ABOVE DESCRIeED POIJCIES 6E CANCELLED BEFORE THE IXPIRATION DATE THE!{FAF, THE ISSVING INSURFR WILL ENDEpVpR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CFRTIFICATE HOLDEii NAMm TO THE LEFT, BUT iA�LURE TO DO SO SHpLL IMPOSE NO OBLiGATION OR LIABILITY OF ANY KIND UPON THE INSUREft. ITS AGFNTS OH AUTHORIZED REPPESHJTpTIVE ACORD25(2007/08)