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HomeMy WebLinkAbout03- Western Groundwater Services Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of the _ 28th_ day of May, 2003, between THE CITY OF BOZEMAN, a Municipal Corporation ofthe State of Montana, with principal offices at 411 East Main Street, Bozeman, Montana, 59715 and mailing address of PO Box 1230, Bozeman, MT 59771-1230 (hereinafter referred to as CITY) and Western Groundwater Services, LLC, with mailing address of6595 Bear Claw Lane, Bozeman, Montana 59715 (hereinafterrefen-ed to as CONSULTANT) [FErN 26-0029155]. Whereas the accomplishment ofthe work and services described in this Agreement is essential to the CITY'S development of a Source Water Protection Plan (SWPP). Whereas the CITY intends to and has selected the CONSULTANT to provide necessary and professional consulting services for the project. Whereas the CONSULT ANT represents that it is willing and qualified to perfonn the professional engineering services for this project described in this Agreement and is assuming this project as an Independent Contractor. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: ARTICLE 1 - CONSULTING SERVICES 1.1. The detailed description ofthe specific project components is described as follows: . Develop a Source Water -Protection Plan (S WPP), the focus of which will be the Sourdough, Hyalite, and Lyman Spring water source intakes. These sources were the focus of a Source Water Delineation and Assessment Report (SWDAR) prepared by the City during 2000- 2001. The SWDAR will be used as the primary technical basis for the SWPP. Otherreports which will also provide a technical basis for the SWPP are: Water Facilities Plan (1997) and the Sourdough Creek Dam Feasibility Study (1999). . Assemble an advisory committee to review and comment on the CONSULTANT'S work to prepare the SWPP. Prepare drafts for committee review and comment. Revise drafts and assemble SWPP. Committee should be fonned with representation from the City of Bozeman, U.S. Forest Service, Gallatin County, a citizen's group, and a business group. Maximum size limit often members. Committee input will depend on the general make-up and availability of the committee. . Prepare a Contingency Plan and an Altcmative Water Sources Plan. Both "plans" should be actual chapters from the SWPP. The ('ontingcncy Plan focuses on emergency response for sudden water loss events. It focuses on Sh011-term activities. The Altemative Water Sources .::ng T:J:ctf.~:-;~~ ~;eL-V .-....qL- rage -_ IO(~/OO Plan focuses on long-term source water replacement, and will prilnarily summarize information from other water planning studies, such as the Water Facilities Plan and the Sourdough Creek Dam Feasibility Study. . Prepare a Management Plan. This "plan" is the final chapter of the SWPP and is the most important element. The Management Plan documents the activities, schedule and costs for implementation. The CONSULTANT and advisory committee work will spend the most time on this chapter ofthe SWPP. Management activities may include, but are not limited to, education, rule-making, cooperative agreements, changes to design standards, intake facility improvements and property acquisition. 1.2. The scopc of services under this contract are set forth in this agreement and the attached Table. . Task 1: Advisory Committee Work with the City of Bozeman to develop an advisory committee for the project, meet periodically with the advisory committee, serve as primary facilitator of the meetings and provide meeting materials for up to 10 members. Meeting duration anticipated at 2 hours to one-half day per meeting scheduled. Meetings planned as follows: >- Project introduction and general feedback from conm1ittee (possible field trip to Sourdough and Hyalite intakes); >- Draft Contingency Plan and Alternative Water Sources Plan chapters; >- Draft Management plan; and >- Final versions (optional) . Task 2: Contingency Plan Prepare Contingency Plan to respond to an emergency water loss, present as a chapter in the SWPP, content to follow Montana Source Water Protection Program. . Task 3: Alternative Water Sources Plan Prepare a n A Itemative Water Sources Plan focusing 011 long-term source water replacement; present as a chapter of the SWPP; utilize existing planning information prepared by the City of Bozeman. To a limited extent, this chapter will be enhanced relative to the development of groundwater sources beyond that information presented in the Sourdough Creek Dam Feasibility Study. . Task 4: Management Plan Prepare the Management Plan chapter of the SWPP; organization and content of chapter to be modified by the committee based upon initial fonnat: 1) Administrative; 2) Educational; 3) Regulatory; and 4) Non-regulatory. Each management activity will be documented in terms of: content, responsible entity, schedule and implementation budget. ~.~w~ l~L-o[eGG .':;erv ,\gr- Page :::: ;jCC/GO . Task 5: Project Report Final editing ofSWPP and preparation of report copies. CITY will be provided with two bound copies and one unbound original at a minimum. ARTICLE 2 - CONSULTANT'S RESPONSIBILITIES 2.1. CONSULTANT shall perform for CITY professional consulting services in all phases ofthe Project to which this Agreement applies as hereinafter provided. CONSULTANT is an Independent Contractor. 2.2. The CONSULTANT shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the CONSULT ANT'S pOl1ions of the Project and to prepare and deliver to the CITY all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The CONSULT ANT shall ascertain such infonnation as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure infornlation from other authorities as to the extent ofthese contacts and the results thereof. 2.4. The CONSULTANT'S work shall be completed according to local, state and federal laws and the professional standards for the fields of civil engineering, geophysics, and hydrogeology. 2.5. The CONSULT ANT shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Mark Cunnane. 2.6. The CONSULT ANT shall nanle a Project Manager who shall be the liaison between the CONSULTANT and the CITY. The Project Manager shall be Mark Cunnane. The CITY may name a Task Director who would be the liaison between the CONSULTANT and the CITY during the design segment of the Project. 2.7. The CONSULTANT shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. 2.8 The CONSULTANT shall consult with CITY to clarify and define CITY's requirements for the Project and review available data. 2.9.1 The CONSULTANT shall advise CfTY as to the necessity of CITY's providing, or obtaining from others, data or services and assist CITY in obtaining such data or services. 2.10 The CONSULTANT shall furnish copies nfthe Study and Report documents and review them in person with CITY. ;:;nq l'L"oLe::::;s :.iE'rv I\g'- Page ~ . / 06/ 00 ARTICLE 3 - CITY'S RESPONSIBILITIES 3.1 The CITY shall name a Task Director who shall be the liaison between the CONSULT ANT and the CITY during the Project. The Task Director designated shall be 3.2 The CITY shall have the right of review and examination ofthe CONSULT ANT'S work at all times. 3.3 The CITY shall make available all records (as-built drawings, construction records, etc.) indicating the existing configuration of the city utilities. ARTICLE 4 - TIME OF PERFORMANCE The CONSULTANT shall render professional Consulting Services beginning no later than thirty days after execution oft11is Agreement. It is anticipated this project will be completed within 210 calendar days of commencement ofthe work. Final payment will be withheld pending completion of the SWPP report and acceptance of the work. ARTICLE 5 - ADDITIONAL SERVICES 5.1. If CITY wishes CONSULTANT to perform any of the following Additional Services, CITY shall so instruct CONSULTANT in writing, and CONSULT ANT shall perform or obtain from others such services and will be paid therefor as provided in the Agreement: 5.2. If CONSULT ANT, during performance of Agreement, deteD11ines additions to the Scope of Work, the CONSULT ANT shall propose those additions to the CITY in writing and shall only engage in those additional items if the CITY approves ofthe additions pursuant to the temlS ofthis Agreement. ARTICLE 6 - COMPENSATION FOR CONSULTING SERVICE 6.1 CONTRACT PRICE: The CITY shall pay to the CONSULTANT, and the CONSULT ANT agrees to accept as full payment for the professional services fumished under this Agreement, the sum of Eight Thousand Five Hundred Forty Dollars. ($8,540.00). 6.2 PAYMENT PROCEDURES: CONSULTANT shall bill the CITY for services rendered in accordance with the CITY'S warrants payable procedures. The fees for services shall be in confonnance with Table 1 attached hereto and incorporated herein by reference as if fully set forth below. The rates cited in Table 1 will be the Agreement rate for services sepcified. CONSULT ANT agrees to abide by the warrants payable procedures and understands that, if a deadline is missed, the wan"ant will be held for the next processing date and the funds not provided until that time. Any item submitted outside the WUlTants payable procedure deadlines will not be subject to any interest or late fee. ;,:;nq p:rotess ,'jerv Agr Page 4, . IU6/ 00 6.3 COSTS FOR SUBCONTRACTORS, TECHNICAL EQUIPMENT AND OTHER ITEMS NOT SPECIFlCALL Y ADDRESSED IN TABLE 1. 6.3. I Use of Subcontractors must be approved in writing by the CITY prior to engagement. The CITY will pay the Agreement rate to the CONSULTANT. Any costs outside of the Agreement rate shall he borne by the CONSULT ANT. Any administrative fee for use of a Subcontractor must be approved in writing by the CITY before engagement of the Subcontractor. However, the CITY reserves the right not to pay any administrative fee or approve any Subcontractor. 6.3.2 Technical Equipment used by CONSULTANT during the performance of the Agreement will he at the CONSULTANT's expense unless prior written approval is obtained from the CITY for use of the equipment and the associated expense. All equipment used by the CONSULTANT shall be subject to the CONSULTANT's own liabi lity and insurance and any costs associated with usage of equipment outside of reasonable rental rates shall be borne by CONSULTANT. 6.3.3 Other items not specified in this Agreement must be approved in writing by the CITY prior to their addition or implementation. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT: As used herein the term "this Agreement" refers to the contents of this document and its Exhibits and other attachments. 7.2 CONTRACT: As used herein, the term "Contract" has the same meaning as "Agreement." 7.3 All other items have their usual meanIngs. If a word or words are found in a heading or other reference point within this document, the word or words may have the meaning intended by the context of the heading where it is found. ARTICLE 8 - PAYMENT PROVISIONS 8. I TTh1ES OF PAYMENTS. CONSULTANT may submit monthly !'tatements for Consulting Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6. I through 6.3. Final payment shall be made only after acceptance of the project by the CITY. If the CITY disputes the amount of the billing, the CITY will notify the CONSULTANT in writing within ten (10) working days of the receipt ofthe bill. 8.2 lZEQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the incremental Tnan hours inculTed for that period. direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When :,:nq Ll:r:ofesG .',:;erv i\gl:" Page :J ., /OG / uO requested by CITY services lor distinct project segments shall be accounted and billed separately. 8.3 PAYMENT UNDER TERMTNA TION. In the event of termination by the CITY upon the completion of any phase of the work, progress payments due CONSULTANT for services rendered through such phase shall constitute total payment for such services. Tn the event of such termination by CITY during any phase of the Basic Services, CONSULTANT also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by CONSULTANT, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. Tn the event of any such tennination, CONSULTANT will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 Both Parties retain the right to temlinate this Consulting Agreement for any and all causes or for the convenience of a Party at any time upon written notice to the other Party. The termination is effective one week (7 days) after receipt of notice. A notice is deemed received by mail: three (3) business days after mailing; by fax or by personal service: upon receipt. 9.1.2 Upon receipt ofa termination action underparab'Taph 9.1.1, the CONSULTANT shall (1) promptly discontinue all work (unless the notice directs otherwist); (2) deliver or other wise make available to the CITY within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONSULT ANT in perfonning this Agreement, whether completed 0 r in process; and (3) submit a request for payment for all work performed since the last billing through the date oftermination. 9.1.3 In the event this Contract is temlinated prior to completion, the original copies ofthe CONSULTANT'S data, recommendations, plans, specifications, analysis and otber related documents prepared by the CONS U L l' ANT prior to said termination shall be delivered to and become the property of the CITY. 9.1.4 Upon termination, the CITY may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.5 CITY'S right to terminate is in addition to any other remedies CITY may have under the law. 9.2 INSPECTION AND AUDIT !-:rlq Pr.nics:::: ~:.Je'i:v !-I.qr Page 'J -,I Obi 00 All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the perfonnance or the services by the CONSULTANT hereunder sha1l be made available to the CITY, or their authorized representatives for audit and review, at the CONSUL T ANT'S respective offJces at all reasonable times during the contract period and for three years from the date of final payment. 9.3 EMPLOYMENT The CONSULT ANT wammts that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the CONSULTANT, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to mmul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees orthe CONSULTANT or other persons while engaged in the perfonnance of work or services required by the CONSULT ANT shall be considered employees ofthc CONSULT ANT only and not of the CITY. 9.4 NONDISCIUMINATION The CONSULTANT will not discriminate on the basis of race, color, religion, creed, political ideas, sex, age, marital status, national origin or disability in employment or provision of services. The CONSULTANT shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, mld all regulations promulgated thereunder. 9.5 SUBLETTING OR ASSIGNING OF WORK The CONSULTANT shall not sublet or assign any ofthe work covered herein without prior written approval of the CITY. 9.6 STANDARD OF CARE In providing services under this agreement, the CONSULTANT will perfoml in a manner consistent with the degree of care and skill ordinarily exercised by melnbers ofthe same profession cunently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the CONSULTANT shall, at the CITY --"s request, re-perform the service at its own expense. CONSULTANT shall also, at its own expense, make such changes, modifications or ~-:::rlY ~rofess ~.~erv i\gr Page 7 "7/06/00 additions to the project which are made necessary as a result ofthe initial non-pcrfonnance or the re- performance of services. The CITY =s rights herein are in addition to any other remedies the CITY may have under the law. 9.7 LEGAL RELATIONS 9.7.1 The CONSULTANT shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 The CONSULT ANT agrees to indemnify, hold harmless, and defend the CITY, its officers, directors, agents, and employees from and against any suits, causes of action, claims, demands, damages, costs, expenscs, obligations, and liability of any character, including attomey's fees, arising out of or resulting from or in connection with the CONSULTANT's performance ofthe services specified in this agreement. [n the event the CITY is found proportionately responsible, the CONSULTANT will be held responsible only for those damages, costs, attomey's fees, and liabilities as are attributable to the CONSULTANT's percent of fault as compared with 1 OQ!i1J ofthe fault giving rise to the damages. 9.7.3 In an appropriate case in which attorney's fees arc awarded to the CITY, said fees may include fees and salary paid by the CITY to the City Attomey or other in-house counsel. 9.7.4 The indemnity required herein 'shall not be limited by reason of the specification of any pmiicular insurance coverage in this agreement. 9.7.5 The CONSULTANT shall perform this agreement as an independent contractor, and as such, is responsible to the CITY only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The CONSUL I' ANT shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. 9.8 NSURANCE The CONSULT ANT shall secure and furnish to the CITY one or more certificates of insurance, nanling the CITY as an additional insured, to include thirty (30) days notice of cancellation or non- renewal. The insurmlce company (or companies) from which insurance is obtained shall be authorized to write insurance in the State of Montana, with a minimum "A.M. Best Rating" ofB+, VI. Without limiting any of CONSUL T ANTS's ohligations hereunder. CONSULT ANT shall secure and maintain, until the work is completed and accepted by the CITY, insurance coverage naming the CITY as additional insured with minimum insurance coverage as lollows: i;;nq Profess :~erv ,"...gl,- Page 3 '~/n6/\)O Type of Coverage Em2.!S'ycrs' Liability: r-----' . ,'-'--"'-',,-,--~--, General Liability: . Bodily Injury & Property Damage Single and com~i~ed _.,__,_ . General Aggregate: 1----. Excess Liability coverage (umbrella) Automobile: 1----------.-., " Limi ts Not cov'?!.~d --- 1 employee/self '~,,_.__._- $ 1,000,000 per accident $ 2,000,000 Not covered . Bodily Injury covering all automohlies, trucks, trailers, or other automotive equipment whether owned or rented by CONSULTANT or owned by employees of CONSULTANT $500,000 - combined single limit . Property Damage covering all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or $500,000 - combined single limit rented by CONSULTANT or owned by employees of CONSULTANT; OR . Bodily lnj ury & Property Damage, single and combined $500,000- combined single limit In addition to the above insurance coverage, the CONSULTANT shall secure and maintain, until the work is completed and accepted by the CITY, and without naming CITY as an additional insured, Professional Errors and Omissions insurance cDverage as follows: Professional Errors & Omissions I $250,000 per claim and aggregate each occurence 9.9 ENDORSEMENT The CONSULTANT sha1l place his endorsement on all drawings and other data Cumished by him, and sha1l annotate all other materials appropriately. The CONSULT ANT warrants and guarantees that the work will be performed 111 accordance with the Montana Public Works Standard Specifications, Fourth Edition (MPWSS), as adopted and amended by the State of Montana as 0 [the date ofthis agreement, and as further amended by the City of Bozeman. 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement arc intended to be suitable j~r1q Profess ~~e"(v ,\gr Page 9 .~ / 0.6/ (JO for reuse by CITY or any other individual on any rclated project, subject only to the age ofthe data used and any changes which occur following the compliation. Files in electronic media format of text, data, graphics, or of other types that are [umished by CONSULT ANT to CITY are for convenience of CITY and are not proprietary in nature. The information was up-to-date at the time the inf()1mation was furnished. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk due to the possibility that the information has ceased to be relevant. 9.11 PUBLIC INFORMATION The CONSULT ANT shall not issue any statements, releases or information for public dissemination without prior approval of the CITY. 9.12 PROPRIETARY RIGHTS Ifpatentab1e discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the CONSULTANT and the CITY. Provided that the CITY, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The CONSULTANT shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by CITY. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party ofthis Contract to retain an attorney or use in- house counsel, to include the City Attorney, to enforce any of the terms or conditions of this Agreement then the prevailing Party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel. ().16 MODIFICATIONS AND AMENDMENTS j';ng ~"rnb!~-;~ ::;eL'V ..;g.t: fJage ~o .. / 1)6/ 00 Any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. 9.17 CONSTRUCTION AND VENUE This agreement shall be interpreted according to the law of the State of Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 9.18 TITLES The titles in this agreement are for reference purposes only. In witness Whereof: the Patiies hereto do make and execute this Agreement. (City Manager) CONSULTANT BY:~Jt ~1/U~u{, (Manager) CITY OF BOZEMAN, MONTANA \ ~ BY: DATE: May 28, 2003 DATE:~jO) ATTEST: By(iL.I ~ (Clerk of Commission) :~ng i":rofeSf. .':;~rv Aqr Page . /06/ 00 TABLE 1 LABOR AND COST BREAKDOWN unnLabor (hoursl TOTAL Expenses TOTAL TOTAL - -- Office' Field LABOR uSup211es 1 Computer3 EXPENSE PROJECT -- Activity holJrly rate: 70 $ 60 -- --- Task 1 n- Advisory Committee 48 ,$ 3,360 $ 200 $ 200 $ 3,560 Task 2 - Contingenc)i Plan 16 $ 1,120 $ 50 $ 50 $ 1,170 Task 3 - Alternative Water Sources Plan 16 $ 1,120 $ 50 $ 50 $ 1,170 - Task 4 - Management Plan 24 $ 1,680 $ 50 $ 50 S 1,730 $ 560 300 50 $ 350 $ 910 TOTAL 112 o $ 7,840' $ 500 $ 200 $ 700 $ 8.540 Esti~ated expenses for sUP2lni~s used for fiet~annd office wo~k. 3 Computer charges: $1 O/hr for CAD; $25/hr for technical software; $35/day for laptop computers. City of Bozeman Western Groundwater Services 3/26/2003 ~~~[[~~F~~ I:' 1'..',0 1 LuU.3 :, I l I~' ,-, "p : ll' ,I, . .. '.. _."'''''_' ---jjJ 1 I ... . "_d_'" ...-...,.,,,"" -" , I I U'---'" '" " 'L.:J\...:..c I I ' --,.' ,,,-, --, \' , ' , w'L,j \,-",' :-.;~..; L.: ~~~~.~.'P.,'..'~"n""~_.~_~~__=_M" FIRST WEST 1~~H~nn July 3, 2003 City of Bozeman Rick Hixson POBox 1230 Bozeman, MT 59771 Dear Rick: The enclosed certificate of insurance for Mark Cunnane is being sent to replace the previous summary of insurance for his automobile liability coverages. Please destroy the previous submittal. Should you have any questions in this regard, feel free to contact our office. Thank you. Sincerely, ~ den I~~\ ~tadillm lime ~wmadl \~II\ ~ U U ~ I \ III ACOI1CJN CERTIFICATE OF LIABILITY INSURANC~~ P DATE (MMIDDIYY) 07/03/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER First West, Inc. PO Box 1800 1905 Stadium Dr Bozeman MT 59715 Phone; 406-587-5111 Fax;406-586-0271 INSURERS AFFORDING COVERAGE Mark Cunnane & Lisa L Bogar 6595 Bear Claw Lane Bozeman MT 59715 I IINSU_~~A INSURER B INSURER C Safeco Insuranc~__<:-.9mpany INSURED INSURER D: INSURER E: COVERAGES THE POLICIES OF INSUHANCE LISTED l)i:l.OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PUHAIN, THE INSURANCE AFFor~Df.D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO Al.l. THE TERMS, EXCl.USIONS AND CONDITIONS OF SUCH POliCIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID Cl.AIMS I~f~ ~9blY:t:_~!'fEi ;IIYE P_O_L!c;;,Y EXPIRATION I ""'0_" --.------- .'"._.. TYPE OF INSURANCE POLICY NUMBER DATe' (MMIDD!YY) - DATE (MMIDDIYY) LIMITS GENERAL LIABILITY I EACH OCCUf1RENCE $ --..-- .-""-.--- -.-- - . --- .... COMMERCIAl. GENERAL LIABILITY FIRE DAMA(31; (Anyone fire) $ I--J Cl.AIMS MADE D OCCUR __ u_ --, MED EXP (Anyone person) $ - _._.._-'~._._-_. PIORSONAl. & ADV INJURY $ .-- .- .----.. --- ..... .--..- ,.--.- --- GENERAl. AGGREGA IE $ - _n___.____.__ ----- --... GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ ---l i---1 PRO- 1-1 LOC .--..--'.---"- POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I - 1$ 500,000 ANY AUTO M1299517 06/11/03 12/11/03 (Ea accident) - -----.. - I-- ALL OWNED AUTOS BODIl. Y INJURY I --- $ A X SCHEDULeD AUTOS (per person) -- n.n_u --- '.._-".._~"'",._,.,- HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (per aCCIdent) -_...~ -----.. --- --- - -,,- -,,- PROPERTY DAMAGF. $ I I (Par aCCldant) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =1 ANY AUTO r------------------- ------ artiER THAN EA ACC $ ..-.-..-.... AUTO ONLY AGG $ EXCESS LIABILITY : EACH OCCURRENCE $ ~~-~] OCCUR o CLAIMS MADE t ~",..,-'.,_...,--', .-.-""..,....-- AGGREGATE '--.'----- .,..,~ .-'-'.-,...- -.-- ---.--- ..~-,. ~ DEDUCTIBLE ~-''''-'~,~--' ".-. -., -~ RETENTION $ ,$ WORKERS COMPENSATlON AND I _______JI9B'(~~~ITS i IVER- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ --'-----_.",~'''~'".'--, .------.-'^'-... E.L DISEASE - EA EMPLOYEE $ . ,~..,~".... ~.'"._.~" .' .__,,__._~.,_,n,.__.__ E.L DISEASE - POLICY LIMIT $ , OTHER I I I i DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADOI;D BY ~NDORSEMENTISPECIAL PROVISIONS CERTlFICA TE HOLDER i N i ADDITIONAL INSURED: INSURER LETTER: CANCELLATION CITBO-l SHOULD ANY OF TH~ ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I;NDEAVOR TO MAIL .3..Q__ DAYS WRITTEN NOTlCE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR City of Bozeman Rick Hixson POBox 1230 Bozeman MT 59771 First West ~ ACORD 25-S (7/97) @ACORD CORPORATION 1988 . 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, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance 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, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-$ (7/97)