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09-16-19 City Commission Packet Materials - C8. PSA with Greater Gallatin Contractors for Story Mill Park Maintenance
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Addi Jadin, Parks Planner and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT: Professional Services Agreement with Greater Gallatin Landscaping, Inc. for Maintenance at Story Mill Community Park MEETING DATE: September 16, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Professional Services Agreement with Greater Gallatin Landscaping, Inc. for maintenance at Story Mill Community Park. BACKGROUND: Greater Gallatin Landscaping, Inc. (Greater Gallatin) was hired by the Trust for Public Land (TPL) to install landscaping and irrigation during the construction of Story Mill Community Park. Included in the contract between Greater Gallatin and TPL is winterization of the irrigation system in fall 2019 and start-up in spring of 2020 along with training of City of Bozeman Parks staff to do the same. In order to continue their services during the transition from construction to management by the Parks Department, a Professional Services Agreement (PSA) has been prepared between the City and Greater Gallatin Landscaping, Inc. for the remainder of 2019 and all of calendar years 2020 and 2021. The Scope of Services for the PSA is included as Attachment A and describes the maintenance duties to be performed by Greater Gallatin including fertilization, mowing and weed control. Along with the continuity of services the PSA will provide, Greater Gallatin Landscaping will extend their warranty for park plantings and certain components of the irrigation system and its maintenance as described in the Scope of Services. While plants and trees are being established, the extension of the warranty is particularly valuable to the City. The Scope of Services document establishes the following annual maintenance fees: • 2019: $41,366 and up to $5000 for misc. work as requested ($46,366) • 2020: $61,636.40 and up to $5000 for misc. work as requested ($66,636.40) • 2021: $57,494.40 and up to $5000 for misc. work as requested ($62,494.40) The total amount authorized by the PSA is $175,496.80 for continued maintenance at Story Mill Park, with payment terms as outlined in Attachment A. UNRESOLVED ISSUES: N/A 157 ALTERNATIVES: As suggested by the commission. FISCAL EFFECTS: The total of the 3-year contract shall not exceed $175,496.80. In fiscal year 2020, costs shall not exceed $77,781.60; in fiscal year 2021, costs shall not exceed 69,681.24 (to be adjusted based on miscellaneous work performed in the second half of FY 2020); in fiscal year 2022, costs shall not exceed $37,353.92 (to be adjusted based on miscellaneous work performed in the second half of FY 2021). The Trust for Public Lands has given the City $200,000 for maintenance at Story Mill Community Park. Attachments: PSA including Attachment A Report compiled on: August 29, 2019 158 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 201__, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, GREATER GALLATIN CONTRACTORS INC., 201 W. Madison Avenue, Ste. 2A, Belgrade, MT 59714, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Attachment A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 31st day of December, 2021. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 1 of 11 159 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 2 of 11 160 workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effective and applicable to Gallatin County, Montana which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 3 of 11 161 in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 4 of 11 162 specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; and Automobile Liability - $1,000,000 property damage/bodily injury per accident. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor’s Fault : a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 5 of 11 163 b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience : a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 6 of 11 164 10.Limitation on Contractor’s Damages; Time for Asserting Claim : a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planner and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Hannah J. Winters, Office Manager, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 7 of 11 165 fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its subcontractors providing services under this agreement. 15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 8 of 11 166 16.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports /Accountability/Public Information : Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18.Non-Waiver : A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 9 of 11 167 date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29.Integration: This Agreement and all Attachments attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 10 of 11 168 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By________________________________ CONTRACTOR Greater Gallatin Contractors Inc. By__________________________________ Andrea Surratt, City Manager Hannah Winters, Office Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Professional Services Agreement for Landscaping at Story Mill Community Park FY 2019 – FY 2021 Page 11 of 11 169 Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships with our clients, vendors and the community. 201 W. Madison Ave. Ste 2A Belgrade, MT 59714 www.greatergallatin.com PROJECT DESCRIPTION COMPANY NAME GREATER GALLATIN CONTRACTORS, INC. Story Mill Park Landscape Maintenance 2019 City of Bozeman Parks and Recreation Dept. PO Box 1230 Bozeman, MT 59771 Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 1 I P a g e Attachment A: Scope of Services 170 DATE TO SITE Qty Qty 1 2 *Certified payroll to be completed weekly and provided upon request *Exhibit B on included *Clear signage and/or markings will be placed in the effected area post spraying *Exhibit A on included map *Clear signage and/or markings will be placed in the effected area post spraying *Application to be done in the summer and fall of 2019 Granular Fertilizing Weed Control 4,380.00$ 14,006.00$ Season Total 12,360.00$ Season Total Bluegrass Liquid Weed and Fertilizer Application 3 *Application to be done in the spring summer and fall of 2019 *prices based on 2019 prevailing wage rate non-construction Landscaping and Groundskeeping workers District 3 Story Mill Community Park 8/26/2019 City of Bozeman Parks and Recreation 2019 Season Season Total 10,620.00$ *Exhibit A on attached map *Iincludes mowing, trimming and pickup of willow debris in playground area *Blowing off sidewalks, walkways, pavilion area and entryways Mowing Bluegrass Per Month Cost 885.00$ *estimated 12 mows left in the season Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 2 I P a g e171 Miscellaneous as needed work *Services must be requested in writing or via email *Iincludes mowing, trimming and pickup of willow debris in playground area *Blowing off sidewalks, walkways, pavilion area and entryways *All services requested and not included in additional warranty exlcusions will be billed at $44.25 per man hour + material Season Budget - not to exceed 5,000.00$ Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 3 I P a g e172 2019 Season Total $41,366.00 2019 Season Miscellanious Work Requested Budget $5,000.00 Season total billed over a 3 month period (Sept - Nov) on the 1st of the month or subsequent weekday following in the amount of $13,789.00 Miscellanious work requested billed on the 1st of the month or subsequent weekday following after service(s) requested have been complete See additional warranty/exclusions information following this proposal Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 4 I P a g e173 Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships with our clients, vendors and the community. 201 W. Madison Ave. Ste 2A Belgrade, MT 59714 www.greatergallatin.com PROJECT DESCRIPTION COMPANY NAME GREATER GALLATIN CONTRACTORS, INC. Story Mill Park Landscape Maintenance 2020 City of Bozeman Parks and Recreation Dept. PO Box 1230 Bozeman, MT 59771 Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 1 I P a g e174 DATE TO SITE Qty Qty 2 3 Qty *Certified payroll to be completed weekly and provided upon request *Exhibit B on included *Clear signage and/or markings will be placed in the effected area post spraying *Exhibit A on included map 3Planting Bed Pre-Emergent Herbicide Season Total *Clear signage and/or markings will be placed in the effected area post spraying *Application to be done in the spring summer and fall of 2020 *Clear signage and/or markings will be placed in the effected area post spraying 3,912.00$ 2020 Season Granular Fertilizing Weed Control 8,756.00$ 11,105.00$ Season Total 12,360.00$ Season Total Bluegrass Liquid Weed and Fertilizer Application 3 *Application to be done in the spring summer and fall of 2020 *prices based on 2019 prevailing wage rate non-construction Landscaping and Groundskeeping workers District 3 Story Mill Community Park 8/26/2019 City of Bozeman Parks and Recreation *Application to be done in the spring summer and fall of 2020 Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 2 I P a g e175 Qty Qty Miscellaneous as needed work *Services must be requested in writing or via email Shut down the irrigation system in Fall 2020 77 Zones Season Total 1 2,454.40$ *Including clean up of Willows in Playground Area Mowing Bluegrass Per Month Cost 3,540.00$ *Landscape Maintenance Season (Mowing) runs April - October *Application to be done in at our discretion (when it needs to be sprayed) *Clear signage and/or markings will be placed in the effected area post spraying Season Total 21,240.00$ Season Total Landscape Maintenance in the Spring 2020 *Exhibit A on attached map *Iincludes mowing, trimming and pickup of willow debris in playground area *Blowing off sidewalks, walkways, pavilion area and entryways Season Total 577.00$ 15900' Linear Feet x 6' Wide 1,232.00$ Season Budget - not to exceed 5,000.00$ *All services requested and not included in additional warranty exlcusions will be billed at $44.25 per man hour + material Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 3 I P a g e176 Miscellanious work requested billed on the 1st of the month or subsequent weekday following after service(s) requested have been complete 2020 Season Total See additional warranty/exclusions information following this proposal $5,000.00 2020 Season Miscellanious Work Requested Budget $61,636.40 Sesason total billed over a 7 month period (April - October) on the 1st of the month or subsequent weekday following in the amount of $8,805.20. Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 4 I P a g e177 Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships with our clients, vendors and the community. 201 W. Madison Ave. Ste 2A Belgrade, MT 59714 www.greatergallatin.com PROJECT DESCRIPTION COMPANY NAME GREATER GALLATIN CONTRACTORS, INC. Story Mill Park Landscape Maintenance 2021 City of Bozeman Parks and Recreation Dept. PO Box 1230 Bozeman, MT 59771 Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 1 I P a g e178 DATE TO SITE Qty Qty 2 2 Qty *Exhibit B on included *Application to be done in the spring summer and fall of 2021 *Application to be done in the spring summer and fall of 2021 *Clear signage and/or markings will be placed in the effected area post spraying *Application to be done in the spring summer and fall of 2021 3Planting Bed Pre-Emergent Herbicide Season Total *Clear signage and/or markings will be placed in the effected area post spraying 2021 Season Granular Fertilizing Weed Control 8,756.00$ 14,606.00$ Season Total 1,373.00$ Season Total Bluegrass Liquid Weed and Fertilizer Application 1 *prices based on 2019 prevailing wage rate non-construction Landscaping and Groundskeeping workers District 3 *Certified payroll to be completed weekly and provided upon request *Exhibit A on included map Story Mill Community Park 8/26/2019 City of Bozeman Parks and Recreation 3,912.00$ *Clear signage and/or markings will be placed in the effected area post spraying Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 2 I P a g e179 Qty Qty Season Total 1 2,454.40$ *Including clean up of Willows in Playground Area *Application to be done in at our discretion (when it needs to be sprayed) *Clear signage and/or markings will be placed in the effected area post spraying Mowing Bluegrass Per Month Cost 3,892.00$ *Landscape Maintenance Season (Mowing) runs April - October Season Total 23,352.00$ Season Total Landscape Maintenance in the Spring 2021 Shut down the irrigation system in Fall 2021 77 Zones 1,232.00$ *Exhibit A on attached map *Iincludes mowing, trimming and pickup of willow debris in playground area *Blowing off sidewalks, walkways, pavilion area and entryways Shut down the irrigation system in Spring of 2021 77 Zones 1,232.00$ Season Total 577.00$ 15900' Linear Feet x 6' Wide Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 3 I P a g e180 *Services must be requested in writing or via email See additional warranty/exclusions information following this proposal Season Budget - not to exceed 5,000.00$ Miscellaneous as needed work *All services requested and not included in additional warranty exlcusions will be billed at $44.25 per man hour + material 2021 Season Total $5,000.00 2021 Season Miscellanious Work Requested Budget $57,494.40 Sesason total billed over a 7 month period (April - October) on the 1st of the month or subsequent weekday following in the amount of $8,213.48 Miscellanious work requested billed on the 1st of the month or subsequent weekday following after service(s) requested have been complete Greater Gallatin Contractors, Inc. www.greatergallatin.com 406-570-3784 4 I P a g e181 BRID G E R D RI V E PRO P E R T Y LI N E PROP E R T Y LI N E LIMIT O F W O R K LIMI T O F W O R K A B C D E F 1 2 3 4 5 6 (15,309 SF) MESIC GRASSLAND 9.14 TYP. 100 YEAR FLOODPLAIN (1) Qm (1) Pp 9.8 TYP. 4 005 BRIDGE R D R I V E PROP E R T Y LI N E PROPERTY LINEBIRDIE DRIVELIMIT O F W O R K LIMIT OF WORK LIMI T O F W O R K 1 2 3 4 5 6 9.7 (27,311) MESIC GRASSLAND (8,105 SF) DRIER GRASSLAND (4,761 SF) DRIER GRASSLAND (17,933 SF) DRIER GRASSLAND (5,686 SF) DRIER GRASSLAND (7) Pt TYP. 1 (2) Pp 9.14 TYP. (1) Pt (5) Ptw (3) Ptw (1) Ptw (3) As (2) As (2) As (2) As (2) As (3) Pd (1) Pa (1) Pp (2) Pp (2) Js (1) Js (1) Js (2) Sa (1) Ptw 5TYP. BRID G E R D RI V E PRO P E R T Y LI N E LIMIT O F W O R K LIMIT O F W O R K LIMI T O F W O R K 9.7 (3915 SF) LAWN (41,719 SF) TURF (9,626 SF) DRIER GRASSLAND (10,503 SF) MESIC GRASSLAND (1) Pa (2) Ptm (1)Ai (2,592 SF) TURF 9.13TYP of 20 TYP. (1) As (2)Ai 9.14 TYP. (13)Pn (22) Af (4) Af (14) Po 100 YEAR FLOODPLAIN SNOW STORAGE AREA (TYP.) (1) Tc 9.16 TYP. (4) As (2) Pd (2) Pd (12) Af (1) As (1) As (1) Pp (1) Pp (2) Js (2) Sa (5) Sa 4 (11,475 SF) FESCUE (6,289 SF) DRIER GRASSLAND 9.9TYP 6 TYP. 9.8 TYP. 9.7 TYP. 005 BRID G E R D RI V E PRO P E R T Y LI N E PRO P E R T Y LI N E BR BRIDGER CENTER DR IVE LIMI T O F W O R K LIMI T O F W O R K LIMI T O F W O R K LIMI T O F W O R K MATCHLINE - SHEET L8-05MATCHLINE - SHEET L8-08 A B C D E F 1 2 3 4 5 6 7 9.1 TYP. (2,042 SF) MESIC GRASSLAND (1) Ps (2) Pt (1) Pa (1) Pt (1) Pa 9.14 TYP. 100 YEAR FLOODPLAIN 9.16 TYP. (150 SF) WOODLAND 5TYP. MATCHLINE - SHEET L8-02 9.7 9.8 9.5 TYP. (3,491 SF) MULCH (1,457 SF) MULCH (6,874 SF) DRIER GRASSLAND (15,628 SF) DRIER GRASSLAND (91,795 SF) TURF (45,300 SF) MESIC GRASSLAND (1) Pa (2) Sv TYP. TYP. 1 TYP. (5) Af (8) Po 9.8 TYP. (91,795 SF) TURF (6) Po (2) Tc 9.16 TYP. (42) Ptw (40) Ptw (1) As (2) As (3) As (3) As (2) As (1) As (2) As (2) As (3) As (2) Pa (2) Pa (2) Pa (2) Pp (1) Pp (1) Pp (1) Pp (2) Ps (2) Ps (2) Ps (1) Js (1) Js (1) Js(1) Js (1) Js (1) Js (1) Af (3,551 SF) DRIER GRASSLAND (3,626 SF) DRIER GRASSLAND 5TYP.PROPERTY L INE LIM IT OF WORKLIMIT OF WORKMATCHLINE - SHEET L8-11MATCHLINE - SHEET L8-06MATCHLINE - SHEET L8-03 9.8 9.7 (31,855 SF) DRIER GRASSLAND TYP. TYP. (1) Pp (3) Js 9.14 TYP. (108,509 SF) FESCUE (18) Ptw (4) Ptw (13) Ptw (2) Ptw (2) Pt (12) Ptw (2) Pt (1) Ptw (2) Pt (1) Ptw (13) Ptw (9) Ptw (11) Ptw (4) Ptw (2) As (1) As (1) Pp (2) Pt (12) Ptw (12) Ptw (1) Pt (1) Pt (1) Pt 5 TYP. (REMAINING NORTH PARCEL) 005 PROPERTY LINE PRO P E R T Y L I N E EAST GALLATIN RIVER LIM I T O F W O R K LI M I T O F W O R K LIMIT OF W O R K LIMIT OF WORK MATCHLINE - SHEET L8-04 1 2 3 4 5 6 A B C D E F 100 YEAR FLOODPLAIN E GRIFFIN DRIVE PR O P E R T Y L I N E PROPERTY LINE EAST G A L L A TI N RI V E R STORY MILL COMMUNITY PARK COMMUNITY CENTER LI M I T O F W O R K LIMIT OF WORKLI M I T O F W O R K LIMIT O F W O R K 47 1 7 MATCHLINE - SHEET L8-10MATCHLINE - SHEET L8-05 MATCHLINE - SHEET L8-081 2 3 4 5 6 TYP. 9.5 9.13 (11,941 SF) DRIER GRASSLAND (19) Sv 9.9 (2) Pd (2) Pd (1) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. CENTER L I N E (2) Af (1) Js TYP.9.16 (450 SF) LAWN (8) Af (1) Js (6) Cm 6 TYP. 7 TYP. 5 TYP. (1) Pp EAST G A L L A TI N RI V E R E GRIFFIN DRIVE PROPERTY LINE LIMIT OF W O R K LIMIT OF WORK LIMIT OF W O R K LIMIT OF WORK LIMIT OF WORKMATCHLINE - SHEET L8-09MATCHLINE - SHEET L8-06 1 2 3 4 5 6 9.5 9.1 TYP. TYP. (12) Sv (2) Pd (2) Pd (2) Pd (2) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. C E N T E R L I N E 9.16 TYP. (8,655 SF) FESCUE (2) Cm (6) Cm 9.9 TYP. 7 TYP. EA S T G A L L A T I N R I V E R E GRIFFIN DRIVE PROPERTY LINEPROPERTY LINEPROPERTY LINEE GRIFF I N D R I V E LIMIT OF WORKLIMIT OF WORKLIM IT OF WORK LIMIT O F W O R K LIMIT OF WORKLIM IT OF WORKLIM IT OF WORK LIMIT OF ENLARGEMENT PLAN - SEE SHEET L8-12 FOR ADJOINING AREAMATCHLINE - SHEET L8-10MATCHLINE - SHEET L8-07 NORTH 0 ORIGINAL SCALE: 10'20'40' 1"=20' 1 2 3 4 5 6 7 8 9 SITE KEYNOTES:DETAIL / SHEET 9.0 PLANTING AND LANDSCAPE 9.1 9.2 Deciduous Tree Planting on Slope 3 / L9-01 RELATED DETAIL(S)SPEC. SECTION 329300 9.3 Coniferous Tree Planting 4 / L9-01 329300 9.4 Coniferous Tree Planting on Slope 5 / L9-01 329300 9.5 Shrub Planting 1 / L9-02 329300 9.6 Shrub Planting on Slope 2 / L9-02 329300 9.7 Lawn 3 / L9-02 329200 9.8 4 / L9-02 329200 9.9 Deciduous Tree Planting 2 / L9-01 329300 Fescue Seeding 9.13 Deciduous Tree in Cobble 6 / L9-01 329300 9.14 Meadow Seeding 5 / L9-02 329233 9.16 Wildlife Protection Fencing 6 / L9-02 Fabric Encapsulated Soil Lift (by Engineer)7 / L9-02 Bioswale Tree Planting 8 / L9-02 9.17 BY RESPEC KEY PLAN (NOT TO SCALE) PLANTING REFERENCE NOTES 1 Mulch around existing trees to remain. 2 Food Forest understory by others. 3 Existing lilacs to remain. Protect in place. 4 Teaching Garden planting by others. 5 Graded lawn/ stormwater detention 6 Snow storage area. 7 Bioswale area. RIPARIAN WOODLAND / SHRUBLAND (SEED MIX) TREE-PROPOSED WOODLAND (SEED MIX) MESIC GRASSLAND (SEED MIX) DRIER GRASSLAND (SEED MIX) FESCUE (SEED) TURF (SEED) VEGETATION LEGEND MULCH TREE-EXISTING SNOW STORAGE AREA COMMUNITY GARDEN UNDERSTORY BY OTHERS TREES SHRUBS QTY.ABR BOTANICAL NAME COMMON NAME SIZE 25 Pt Populus tremuloides Quaking Aspen 3" CAL. B&B 7 Ptm Populus tremuloides Quaking Aspen Multi-stem 3" CAL. B&B 30 Pa Populus x acuminata Lanceleaf Poplar 2.5" CAL. B&B 31 Pd Populus deltoides Plains Cottonwood 3" CAL. B&B 12 Pn Pinus nigra Austrian Pine 6' TALL B&B 24 Cm Crataegus monogyna Hawthorne 2" CAL. B&B 61 Af Acer x freemanii 'Autumn Blaze'Autumn Blaze Maple 3" CAL. B&B 18 Sa Salix amygdaloides Peachleaf Willow 2" CAL. B&B 43 As Acer saccharum 'Fall Fiesta'Fall Fiesta Sugar Maple 3" CAL. B&B 7 Ps Populus songarica Songarica Poplar 3" CAL. B&B 17 Sv Syringa vulgaris Common Lilac (Purple)#5 DT 19 Pp Pinus ponderosa Ponderosa Pine 10' TALL B&B 22 Js Juniperus scopulorum Rocky Mountain Juniper 6' TALL B&B 34 Po Physocarpus opulifolius Ninebark #5 DRIER GRASSLAND SEED MIX Grasses GRASSES Turf 121,381 SF Fescue 151,315 SF Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Gaillardia aristata Indian Blanketflower Liatris puntata Gayfeathers Linum perenne Blue Flax Ratibida columnifera Prairie Coneflower Elymus lanceolatus ' Sodar'Streambank Wheatgrass 'sodar' Festuca idahoensis 'Joseph'Idaho Fescue 'Joseph' Koeleria macrantha Prairie Junegrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' Poa sandbergii 'High Plains'Sandberg Bluegrass 'High Plains' Forbs Achenatherum hymenoides Indian Ricegrass Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Elymus lanceolatus Thickspike Wheatgrass Koeleria macrantha Prairie Junegrass Poa canbyi Canbys Bluegrass Pseudoroegneria spicata Bluebunch Wheatgrass Schizachyrium scoparium Little Bluestem MESIC GRASSLAND SEED MIX Grasses Achillea sp. Yarrow Gerianium viscossisimum Sticky Geranium Liatris puntata Gayfeathers Ratibida columnifera Prairie Coneflower Forbs Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' RIPARIAN WOODLAND/SHRUBLAND SEED MIX Grasses Carex nebrascensis Nebraska Sedge Juncus balticus Baltic Rush Scirpus acutus Hard-Stem Bulrush 150,360 SF 343,403 SF 20,098 SF Rush and Sedges Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass WOODLAND SEED MIX Grasses 4,610 SF REFER TO SPECIFICATIONS FOR RATES Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' MATURE MATURE 20-30'20-50'N 20-30'20-50'N 30-40'40-60'N 50-60'60-80'N 30-40'40-60'DT 15-20'15-20'DT/N 30-40'40-50' 25-30'30-40'N 3-4'3-4'DT/N 30-45'50-65' 35-50'50-75' 30-40'60-80'DT/N 8-12'20-30'DT/N SPREAD SIZE SPACING AS SHOWN IN DRAWINGS DROUGHTTOLERANT (DT)NATIVE (N)FRUIT FOREST (F) Achillea sp.Yarrow Artemisia frigida Fringed Sage 16 Sv Syringa vulgaris Common Lilac (White)#5 DT 286 Ptw Populus tremuloides Quaking Aspen 1" CAL. WHIP 20-30'20-50'N 3 Ai Alnus incana Mountain Alder 3" CAL. B&B 20' DT LX-01 LX-02 LX-03 LX-05 LX-06 LX-07LX-04 LX-09 LX-10 LX-11LX-08 LX-12 LX-13 LX-14 LX-15 9.8 TYP.9.1 (6,207 SF) RIPARIAN WOODLAND/ SHRUBLAND (7,266 SF) MESIC GRASSLAND (2) Pd (4,165 SF) RIPARIAN WOODLAND/ SHRUBLAND (2) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. CEN TER L IN E 9.16TYP. (8) Pv (6) Pv (8) Ptw (3) Pt (6) Ptw (3) Ptw (5) Ptw (1) Pt (3) Ptw (3) Pv 9.9 7TYP.PROPERTY L INE PROPERTY L INE BRIDGER DRIVE LIMIT O F W O R K L IM I T O F WORKMATCHLINE - SHEET L8-021 2 3 4 5 6 7 9.14 TYP. (2) Ptw (2) As (2) Pd (1) Pp (1) Pp (76,340 SF) MESIC GRASSLAND 5 TYP. 8/21/2019 Exhibit A- Bluegrass Sod- Mow, Fertilize, Weed Control 182 BRID G E R D RI V E PRO P E R T Y LI N E PROP E R T Y LI N E LIMIT O F W O R K LIMI T O F W O R K A B C D E F 1 2 3 4 5 6 (15,309 SF) MESIC GRASSLAND 9.14 TYP. 100 YEAR FLOODPLAIN (1) Qm (1) Pp 9.8 TYP. 4 005 BRIDGE R D R I V E PROP E R T Y LI N E PROPERTY LINEBIRDIE DRIVELIMIT O F W O R K LIMIT OF WORK LIMI T O F W O R K 1 2 3 4 5 6 9.7 (27,311) MESIC GRASSLAND (8,105 SF) DRIER GRASSLAND (4,761 SF) DRIER GRASSLAND (17,933 SF) DRIER GRASSLAND (5,686 SF) DRIER GRASSLAND (7) Pt TYP. 1 (2) Pp 9.14 TYP. (1) Pt (5) Ptw (3) Ptw (1) Ptw (3) As (2) As (2) As (2) As (2) As (3) Pd (1) Pa (1) Pp (2) Pp (2) Js (1) Js (1) Js (2) Sa (1) Ptw 5TYP. BRID G E R D RI V E PRO P E R T Y LI N E LIMIT O F W O R K LIMIT O F W O R K LIMI T O F W O R K 9.7 (3915 SF) LAWN (41,719 SF) TURF (9,626 SF) DRIER GRASSLAND (10,503 SF) MESIC GRASSLAND (1) Pa (2) Ptm (1)Ai (2,592 SF) TURF 9.13TYP of 20 TYP. (1) As (2)Ai 9.14 TYP. (13)Pn (22) Af (4) Af (14) Po 100 YEAR FLOODPLAIN SNOW STORAGE AREA (TYP.) (1) Tc 9.16 TYP. (4) As (2) Pd (2) Pd (12) Af (1) As (1) As (1) Pp (1) Pp (2) Js (2) Sa (5) Sa 4 (11,475 SF) FESCUE (6,289 SF) DRIER GRASSLAND 9.9TYP 6 TYP. 9.8 TYP. 9.7 TYP. 005 BRID G E R D RI V E PRO P E R T Y LI N E PRO P E R T Y LI N E BR BRIDGER CENTER DR IVE LIMI T O F W O R K LIMI T O F W O R K LIMI T O F W O R K LIMI T O F W O R K MATCHLINE - SHEET L8-05MATCHLINE - SHEET L8-08 A B C D E F 1 2 3 4 5 6 7 9.1 TYP. (2,042 SF) MESIC GRASSLAND (1) Ps (2) Pt (1) Pa (1) Pt (1) Pa 9.14 TYP. 100 YEAR FLOODPLAIN 9.16 TYP. (150 SF) WOODLAND 5TYP. MATCHLINE - SHEET L8-02 9.7 9.8 9.5 TYP. (3,491 SF) MULCH (1,457 SF) MULCH (6,874 SF) DRIER GRASSLAND (15,628 SF) DRIER GRASSLAND (91,795 SF) TURF (45,300 SF) MESIC GRASSLAND (1) Pa (2) Sv TYP. TYP. 1 TYP. (5) Af (8) Po 9.8 TYP. (91,795 SF) TURF (6) Po (2) Tc 9.16 TYP. (42) Ptw (40) Ptw (1) As (2) As (3) As (3) As (2) As (1) As (2) As (2) As (3) As (2) Pa (2) Pa (2) Pa (2) Pp (1) Pp (1) Pp (1) Pp (2) Ps (2) Ps (2) Ps (1) Js (1) Js (1) Js(1) Js (1) Js (1) Js (1) Af (3,551 SF) DRIER GRASSLAND (3,626 SF) DRIER GRASSLAND 5TYP.PROPERTY L INE LIM IT OF WORKLIMIT OF WORKMATCHLINE - SHEET L8-11MATCHLINE - SHEET L8-06MATCHLINE - SHEET L8-03 9.8 9.7 (31,855 SF) DRIER GRASSLAND TYP. TYP. (1) Pp (3) Js 9.14 TYP. (108,509 SF) FESCUE (18) Ptw (4) Ptw (13) Ptw (2) Ptw (2) Pt (12) Ptw (2) Pt (1) Ptw (2) Pt (1) Ptw (13) Ptw (9) Ptw (11) Ptw (4) Ptw (2) As (1) As (1) Pp (2) Pt (12) Ptw (12) Ptw (1) Pt (1) Pt (1) Pt 5 TYP. (REMAINING NORTH PARCEL) 005 PROPERTY LINE PRO P E R T Y L I N E EAST GALLATIN RIVER LIM I T O F W O R K LI M I T O F W O R K LIMIT OF W O R K LIMIT OF WORK MATCHLINE - SHEET L8-04 1 2 3 4 5 6 A B C D E F 100 YEAR FLOODPLAIN E GRIFFIN DRIVE PR O P E R T Y L I N E PROPERTY LINE EAST G A L L A TI N RI V E R STORY MILL COMMUNITY PARK COMMUNITY CENTER LI M I T O F W O R K LIMIT OF WORKLI M I T O F W O R K LIMIT O F W O R K 47 1 7 MATCHLINE - SHEET L8-10MATCHLINE - SHEET L8-05 MATCHLINE - SHEET L8-081 2 3 4 5 6 TYP. 9.5 9.13 (11,941 SF) DRIER GRASSLAND (19) Sv 9.9 (2) Pd (2) Pd (1) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. CENTER L I N E (2) Af (1) Js TYP.9.16 (450 SF) LAWN (8) Af (1) Js (6) Cm 6 TYP. 7 TYP. 5 TYP. (1) Pp EAST G A L L A TI N RI V E R E GRIFFIN DRIVE PROPERTY LINE LIMIT OF W O R K LIMIT OF WORK LIMIT OF W O R K LIMIT OF WORK LIMIT OF WORKMATCHLINE - SHEET L8-09MATCHLINE - SHEET L8-06 1 2 3 4 5 6 9.5 9.1 TYP. TYP. (12) Sv (2) Pd (2) Pd (2) Pd (2) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. C E N T E R L I N E 9.16 TYP. (8,655 SF) FESCUE (2) Cm (6) Cm 9.9 TYP. 7 TYP. EA S T G A L L A T I N R I V E R E GRIFFIN DRIVE PROPERTY LINEPROPERTY LINEPROPERTY LINEE GRIFF I N D R I V E LIMIT OF WORKLIMIT OF WORKLIM IT OF WORK LIMIT O F W O R K LIMIT OF WORKLIM IT OF WORKLIM IT OF WORK LIMIT OF ENLARGEMENT PLAN - SEE SHEET L8-12 FOR ADJOINING AREAMATCHLINE - SHEET L8-10MATCHLINE - SHEET L8-07 NORTH 0 ORIGINAL SCALE: 10'20'40' 1"=20' 1 2 3 4 5 6 7 8 9 SITE KEYNOTES:DETAIL / SHEET 9.0 PLANTING AND LANDSCAPE 9.1 9.2 Deciduous Tree Planting on Slope 3 / L9-01 RELATED DETAIL(S)SPEC. SECTION 329300 9.3 Coniferous Tree Planting 4 / L9-01 329300 9.4 Coniferous Tree Planting on Slope 5 / L9-01 329300 9.5 Shrub Planting 1 / L9-02 329300 9.6 Shrub Planting on Slope 2 / L9-02 329300 9.7 Lawn 3 / L9-02 329200 9.8 4 / L9-02 329200 9.9 Deciduous Tree Planting 2 / L9-01 329300 Fescue Seeding 9.13 Deciduous Tree in Cobble 6 / L9-01 329300 9.14 Meadow Seeding 5 / L9-02 329233 9.16 Wildlife Protection Fencing 6 / L9-02 Fabric Encapsulated Soil Lift (by Engineer)7 / L9-02 Bioswale Tree Planting 8 / L9-02 9.17 BY RESPEC KEY PLAN (NOT TO SCALE) PLANTING REFERENCE NOTES 1 Mulch around existing trees to remain. 2 Food Forest understory by others. 3 Existing lilacs to remain. Protect in place. 4 Teaching Garden planting by others. 5 Graded lawn/ stormwater detention 6 Snow storage area. 7 Bioswale area. RIPARIAN WOODLAND / SHRUBLAND (SEED MIX) TREE-PROPOSED WOODLAND (SEED MIX) MESIC GRASSLAND (SEED MIX) DRIER GRASSLAND (SEED MIX) FESCUE (SEED) TURF (SEED) VEGETATION LEGEND MULCH TREE-EXISTING SNOW STORAGE AREA COMMUNITY GARDEN UNDERSTORY BY OTHERS TREES SHRUBS QTY.ABR BOTANICAL NAME COMMON NAME SIZE 25 Pt Populus tremuloides Quaking Aspen 3" CAL. B&B 7 Ptm Populus tremuloides Quaking Aspen Multi-stem 3" CAL. B&B 30 Pa Populus x acuminata Lanceleaf Poplar 2.5" CAL. B&B 31 Pd Populus deltoides Plains Cottonwood 3" CAL. B&B 12 Pn Pinus nigra Austrian Pine 6' TALL B&B 24 Cm Crataegus monogyna Hawthorne 2" CAL. B&B 61 Af Acer x freemanii 'Autumn Blaze'Autumn Blaze Maple 3" CAL. B&B 18 Sa Salix amygdaloides Peachleaf Willow 2" CAL. B&B 43 As Acer saccharum 'Fall Fiesta'Fall Fiesta Sugar Maple 3" CAL. B&B 7 Ps Populus songarica Songarica Poplar 3" CAL. B&B 17 Sv Syringa vulgaris Common Lilac (Purple)#5 DT 19 Pp Pinus ponderosa Ponderosa Pine 10' TALL B&B 22 Js Juniperus scopulorum Rocky Mountain Juniper 6' TALL B&B 34 Po Physocarpus opulifolius Ninebark #5 DRIER GRASSLAND SEED MIX Grasses GRASSES Turf 121,381 SF Fescue 151,315 SF Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Gaillardia aristata Indian Blanketflower Liatris puntata Gayfeathers Linum perenne Blue Flax Ratibida columnifera Prairie Coneflower Elymus lanceolatus ' Sodar'Streambank Wheatgrass 'sodar' Festuca idahoensis 'Joseph'Idaho Fescue 'Joseph' Koeleria macrantha Prairie Junegrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' Poa sandbergii 'High Plains'Sandberg Bluegrass 'High Plains' Forbs Achenatherum hymenoides Indian Ricegrass Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Elymus lanceolatus Thickspike Wheatgrass Koeleria macrantha Prairie Junegrass Poa canbyi Canbys Bluegrass Pseudoroegneria spicata Bluebunch Wheatgrass Schizachyrium scoparium Little Bluestem MESIC GRASSLAND SEED MIX Grasses Achillea sp. Yarrow Gerianium viscossisimum Sticky Geranium Liatris puntata Gayfeathers Ratibida columnifera Prairie Coneflower Forbs Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' RIPARIAN WOODLAND/SHRUBLAND SEED MIX Grasses Carex nebrascensis Nebraska Sedge Juncus balticus Baltic Rush Scirpus acutus Hard-Stem Bulrush 150,360 SF 343,403 SF 20,098 SF Rush and Sedges Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass WOODLAND SEED MIX Grasses 4,610 SF REFER TO SPECIFICATIONS FOR RATES Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' MATURE MATURE 20-30'20-50'N 20-30'20-50'N 30-40'40-60'N 50-60'60-80'N 30-40'40-60'DT 15-20'15-20'DT/N 30-40'40-50' 25-30'30-40'N 3-4'3-4'DT/N 30-45'50-65' 35-50'50-75' 30-40'60-80'DT/N 8-12'20-30'DT/N SPREAD SIZE SPACING AS SHOWN IN DRAWINGS DROUGHTTOLERANT (DT)NATIVE (N)FRUIT FOREST (F) Achillea sp.Yarrow Artemisia frigida Fringed Sage 16 Sv Syringa vulgaris Common Lilac (White)#5 DT 286 Ptw Populus tremuloides Quaking Aspen 1" CAL. WHIP 20-30'20-50'N 3 Ai Alnus incana Mountain Alder 3" CAL. B&B 20' DT LX-01 LX-02 LX-03 LX-05 LX-06 LX-07LX-04 LX-09 LX-10 LX-11LX-08 LX-12 LX-13 LX-14 LX-15 9.8 TYP.9.1 (6,207 SF) RIPARIAN WOODLAND/ SHRUBLAND (7,266 SF) MESIC GRASSLAND (2) Pd (4,165 SF) RIPARIAN WOODLAND/ SHRUBLAND (2) Pd 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. CEN TER L IN E 9.16TYP. (8) Pv (6) Pv (8) Ptw (3) Pt (6) Ptw (3) Ptw (5) Ptw (1) Pt (3) Ptw (3) Pv 9.9 7TYP.PROPERTY L INE PROPERTY L INE BRIDGER DRIVE LIMIT O F W O R K L IM I T O F WORKMATCHLINE - SHEET L8-021 2 3 4 5 6 7 9.14 TYP. (2) Ptw (2) As (2) Pd (1) Pp (1) Pp (76,340 SF) MESIC GRASSLAND 5 TYP. <NO SPRAY> 8/21/2019 Exhibit B- Native Seed Mix- Fertilizer and Weed Control 183 Spot Spraying wetland, approximate location PROPERTY LINEE A S T G A L L A T I N R I V E RPROPERTY LINEPROPERTY LINESTORY MILL SPUR P R O P E R T Y L I N ELIM IT OF WORKLIMIT OF PLANTINGLIMIT OF PLANTINGLIMIT OF W O R K LIMIT O F W O R K LIMIT OF WORKLIM IT O F WORK LI M I T O F W O R K LIM I T O F W O R K LIMIT OF W O RK LIMIT OF W O RK LIMI T O F W O R K KLIM I T O F W O R KLIMIT OF WORKMATCHLINE - SHEET L8-14 MATCHLINE - SHEET L8-15 LIMIT OF ENLARGEMENT PLAN - SEE SHEET L8-11 FOR ADJOINING AREA A B C D E F 1 2 3 4 5 6 (35,630 SF) MESIC GRASSLAND (1) Sa (1) Sa (3) Cm (1) Cm (1) Pd (1) Pa (1) Pa (3) Pa (3) Ptm (7,848 SF) WOODLAND 9.14 TYP. 100 YEAR FLOODPLAIN APPROX. CENTER L I N E (4,075 SF) RIPARIAN WOODLAND/ SHRUBLAND (8,045 SF) MESIC GRASSLAND STORY MILL SPUR P R O P E R T Y L I N E PROPERTY LINEL STREETPROPERTY LINE E A S T G A L L A T I N R I V E R LIM I T O F WO R K LIMIT OF W ORK LIMIT OF W ORK LIMI T O F W O R K LIM IT OF WORKLIMIT OF WORKLIM IT OF WORK L IM IT OF WORKLIMIT OF W ORK LIMIT OF WORK LIMI T O F W O R K LIM I T O F W O R K LIMIT OF W ORK LI M I T O F WO R K MATCHLINE - SHEET L8-12 MATCHLINE - SHEET L8-14 NORTH 0 ORIGINAL SCALE: 20'40'80' 1"=40' 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 SITE KEYNOTES:DETAIL / SHEET 9.0 PLANTING AND LANDSCAPE 9.1 9.2 Deciduous Tree Planting on Slope 3 / L9-01 RELATED DETAIL(S)SPEC. SECTION 329300 9.3 Coniferous Tree Planting 4 / L9-01 329300 9.4 Coniferous Tree Planting on Slope 5 / L9-01 329300 9.5 Shrub Planting 1 / L9-02 329300 9.6 Shrub Planting on Slope 2 / L9-02 329300 9.7 Lawn 3 / L9-02 329200 9.8 4 / L9-02 329200 9.9 Deciduous Tree Planting 2 / L9-01 329300 Fescue Seeding 9.13 Deciduous Tree in Cobble 6 / L9-01 329300 9.14 Meadow Seeding 5 / L9-02 329233 9.16 Wildlife Protection Fencing 6 / L9-02 Fabric Encapsulated Soil Lift (by Engineer)7 / L9-02 Bioswale Tree Planting 8 / L9-02 9.17 BY RESPEC KEY PLAN (NOT TO SCALE) PLANTING REFERENCE NOTES 1 Mulch around existing trees to remain. 2 Food Forest understory by others. 3 Existing lilacs to remain. Protect in place. 4 Teaching Garden planting by others. 5 Graded lawn/ stormwater detention 6 Snow storage area. 7 Bioswale area. RIPARIAN WOODLAND / SHRUBLAND (SEED MIX) TREE-PROPOSED WOODLAND (SEED MIX) MESIC GRASSLAND (SEED MIX) DRIER GRASSLAND (SEED MIX) FESCUE (SEED) TURF (SEED) VEGETATION LEGEND MULCH TREE-EXISTING SNOW STORAGE AREA COMMUNITY GARDEN UNDERSTORY BY OTHERS TREES SHRUBS QTY.ABR BOTANICAL NAME COMMON NAME SIZE 25 Pt Populus tremuloides Quaking Aspen 3" CAL. B&B 7 Ptm Populus tremuloides Quaking Aspen Multi-stem 3" CAL. B&B 30 Pa Populus x acuminata Lanceleaf Poplar 2.5" CAL. B&B 31 Pd Populus deltoides Plains Cottonwood 3" CAL. B&B 12 Pn Pinus nigra Austrian Pine 6' TALL B&B 24 Cm Crataegus monogyna Hawthorne 2" CAL. B&B 61 Af Acer x freemanii 'Autumn Blaze'Autumn Blaze Maple 3" CAL. B&B 18 Sa Salix amygdaloides Peachleaf Willow 2" CAL. B&B 43 As Acer saccharum 'Fall Fiesta'Fall Fiesta Sugar Maple 3" CAL. B&B 7 Ps Populus songarica Songarica Poplar 3" CAL. B&B 17 Sv Syringa vulgaris Common Lilac (Purple)#5 DT 19 Pp Pinus ponderosa Ponderosa Pine 10' TALL B&B 22 Js Juniperus scopulorum Rocky Mountain Juniper 6' TALL B&B 34 Po Physocarpus opulifolius Ninebark #5 DRIER GRASSLAND SEED MIX Grasses GRASSES Turf 121,381 SF Fescue 151,315 SF Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Gaillardia aristata Indian Blanketflower Liatris puntata Gayfeathers Linum perenne Blue Flax Ratibida columnifera Prairie Coneflower Elymus lanceolatus ' Sodar'Streambank Wheatgrass 'sodar' Festuca idahoensis 'Joseph'Idaho Fescue 'Joseph' Koeleria macrantha Prairie Junegrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' Poa sandbergii 'High Plains'Sandberg Bluegrass 'High Plains' Forbs Achenatherum hymenoides Indian Ricegrass Bouteloua gracilis 'Bad River'Blue Grama 'Bad River' Elymus lanceolatus Thickspike Wheatgrass Koeleria macrantha Prairie Junegrass Poa canbyi Canbys Bluegrass Pseudoroegneria spicata Bluebunch Wheatgrass Schizachyrium scoparium Little Bluestem MESIC GRASSLAND SEED MIX Grasses Achillea sp. Yarrow Gerianium viscossisimum Sticky Geranium Liatris puntata Gayfeathers Ratibida columnifera Prairie Coneflower Forbs Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' RIPARIAN WOODLAND/SHRUBLAND SEED MIX Grasses Carex nebrascensis Nebraska Sedge Juncus balticus Baltic Rush Scirpus acutus Hard-Stem Bulrush 150,360 SF 343,403 SF 20,098 SF Rush and Sedges Agropyron trachycaulum Slender Wheatgrass Deschampsia cespitosa Tufted Hairgrass Elymus canadensis Canada Wildrye Elymus glaucus Blue Wildrye Elymus lanceolatus Thickspike Wheatgrass WOODLAND SEED MIX Grasses 4,610 SF REFER TO SPECIFICATIONS FOR RATES Pascopyrum smithii 'Rosana'Western Wheatgrass 'Rosana' MATURE MATURE 20-30'20-50'N 20-30'20-50'N 30-40'40-60'N 50-60'60-80'N 30-40'40-60'DT 15-20'15-20'DT/N 30-40'40-50' 25-30'30-40'N 3-4'3-4'DT/N 30-45'50-65' 35-50'50-75' 30-40'60-80'DT/N 8-12'20-30'DT/N SPREAD SIZE SPACING AS SHOWN IN DRAWINGS DROUGHT TOLERANT (DT)NATIVE (N)FRUIT FOREST (F) Achillea sp.Yarrow Artemisia frigida Fringed Sage 16 Sv Syringa vulgaris Common Lilac (White)#5 DT 286 Ptw Populus tremuloides Quaking Aspen 1" CAL. WHIP 20-30'20-50'N 3 Ai Alnus incana Mountain Alder 3" CAL. B&B 20' DT LX-01 LX-02 LX-03 LX-05 LX-06 LX-07LX-04 LX-09 LX-10 LX-11LX-08 LX-12 LX-13 LX-14 LX-15 9.1 (75,675 SF) MESIC GRASSLAND (26,795 SF) DRIER GRASSLAND (3,334 SF) RIPARIAN WOODLAND/SHRUBLAND (1,170 SF) MESIC GRASSLAND (1) Sa (3) Pt (2) Ptm (1) Sa (1) Ptm (2) Pt (5,914) MESIC GRASSLAND (1,223 SF) RIPARIAN WOODLAND/SHRUBLAND 9.14 TYP. 100 YEAR FLOODPLAIN A P PRO X . C E N T E R L I N E7L9-0 29.16 TYP. TYP. (6) Pt (1) Pt 9.17 5TYP. EXISTING POND PROPERTY LINESTORY MILL SPUR LIMIT OF PLANTING LIMI T O F P L A N TI N G LIM LIMIT OF WORKLIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK MATCHLINE - SHEET L8-15MATCHLINE - SHEET L8-13MATCHLINE - SHEET L8-12 9.1 TYP. (1) Sa (1) Sa(1) Pa (3) Cm (2) Pa (35,165) MESIC GRASSLAND 3 9.14 TYP. 9.16 TYP.BOZEMAN CREEK PROPERTY LINE PROPERTY LINE EXISTING POND LIMIT OF WORK LIMIT OF WORK LIMIT OF WORK LIMIT O F W O R K LIMIT O F W O R K LIMI T O F W O R K LIMIT OF WORK LIMIT OF WORK MATCHLINE - SHEET L8-14TYP.9.1 (2) Sa (1) Sa (4) Pa (4) Pd (1) Pd (3) Cm (2) Pa 9.14 TYP. 100 YEAR FLOODPLAIN APP R O X. C E N T E R LI N E TYP.9.16 (5) Js TYP.9.3 TYP.9.16 184 Greater Gallatin Contractors, Inc. www.greatergallatin.com ggcmtoffice@gmail.com 1 | P a g e Our Mission is to exceed expectations in the landscaping and irrigation industry using knowledgeable team members and safety awareness, with a focus on environmentally friendly techniques. Through our company wide business ethics; we develop relationships with our clients, vendors and the community. Story Mill Community Park Additional Warranty & Exclusions Information To be included as warranty work: 2019: - Irrigation system winterization - Plantings excluding Aspen Whips - All irrigation repairs and material 2020: - Entire irrigation system start-up. Includes evaluation of every zone and replacement of any broken heads/nozzles. - Plantings excluding Aspen Whips - All irrigation repairs and material 2021: - Materials on irrigation repairs - Plantings excluding Aspen Whips Not included as warranty work: 2019: - Aspen Whips - Plantings and irrigation damaged due to vandalism or Acts of God 2020: - Aspen Whips - Plantings and irrigation damaged due to vandalism or Acts of God - Irrigation winterization 2021: - Aspen Whips - Plantings and irrigation damaged due to vandalism or Acts of God - Labor on irrigation repairs - Irrigation start-up/winterization 185 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 1 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage ..................................................................................................2 2.Unintentional Failure to Disclose Hazards..........................................................................................8 3.Damage to Premises Rented to You...................................................................................................8 4.Supplementary Payments ...................................................................................................................9 5.Medical Payments..............................................................................................................................10 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).......................................................................................................10 7.180 Day Coverage for Newly Formed or Acquired Organizations ..................................................10 8.Waiver of Subrogation .......................................................................................................................10 9.Automatic Additional Insured - Specified Relationships: .................................................................11•Managers or Lessors of Premises;•Lessor of Leased Equipment;•Vendors;•State or Political Subdivisions - Permits Relating to Premises;•State or Political Subdivisions - Permits; and•Contractors' Operations 10.Broadened Contractual Liability - Work Within 50' of Railroad Property .........................................16 11.Property Damage to Borrowed Equipment.......................................................................................16 12.Employees as Insureds - Specified Health Care Services: .............................................................16•Nurses;•Emergency Medical Technicians; and•Paramedics 13.Broadened Notice of Occurrence......................................................................................................16 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4. Supplementary Payments a.Bail bonds: $ 1,000 b.Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 186 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 2 of 16 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a.The following is added to SECTION I - COVERAGES: Employee BenefitLiability Coverage. (1) Insuring Agreement (a)We will pay those sums thatthe insured becomes legally obligated to pay as dam-ages caused by any act, er- ror or omission of the in-sured, or of any other per- son for whose acts the in-sured is legally liable, to which this insurance ap-plies. We will have the right and duty to defend the in-sured against any "suit" seeking those damages.However, we will have no duty to defend against any"suit" seeking damages to which this insurance doesnot apply. We may, at our discretion, investigate anyreport of an act, error or omission and settle anyclaim or "suit" that may re- sult. But: 1)The amount we will pay for damages is limitedas described in SEC- TION III - LIMITS OFINSURANCE; and 2)Our right and duty todefend ends when we have used up the ap-plicable limit of insur- ance in the payment ofjudgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b)This insurance applies todamages only if the act, er- ror or omission, is negli-gently committed in the "administration" of your"employee benefit pro- gram"; and 1)Occurs during the pol- icy period; or 2)Occurred prior to theeffective date of this endorsement provided: a)You did not have knowledge of aclaim or "suit" on or before the ef-fective date of this endorsement. You will be deemed to have 187 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 3 of 16 knowledge of a claim or "suit" when any "authorized repre- sentative"; i)Reports all, orany part, of the act, error oromission to us or any otherinsurer; ii)Receives awritten or ver- bal demand orclaim for dam- ages becauseof the act, er- ror or omis-sion; and b)There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, PropertyDamage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal andadvertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest,fraudulent, criminal or mali- cious act, error or omission,committed by any insured, including the willful or reck-less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con-tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro- gram". (e) Inadequacy of Perform-ance of Investment / Ad- vice Given With Respectto Participation Any claim based upon: 1)Failure of any invest-ment to perform; 2)Errors in providing in-formation on past per- formance of investmentvehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensa- tion insurance, social secu- rity or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because ofliability imposed on a fiduci- ary by the Employee Re-tirement Income Security Act of 1974, as now orhereafter amended, or by any similar federal, state orlocal laws. (h) Available Benefits Any claim for benefits to theextent that such benefits are available, with reason-able effort and cooperation of the insured, from the ap-plicable funds accrued or other collectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, including those imposedunder the Internal Revenue Code or any similar state orlocal law. (j) Employment-RelatedPractices Any liability arising out of any: (1)Refusal to employ; 188 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 4 of 16 (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign-ment, discipline, defa- mation, harassment,humiliation, discrimina- tion or other employ-ment-related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or(3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO ISAN INSURED is deleted in its en- tirety and replaced by the following: (1)If you are designated in the Declarations as: (a)An individual, you and yourspouse are insureds, but only with respect to theconduct of a business of which you are the soleowner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company,you are an insured. Your members are also insureds,but only with respect to the conduct of your business.Your managers are in- sureds, but only with re-spect to their duties as your managers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in-sureds, but only with re- spect to their duties astrustees. (2)Each of the following is also aninsured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program". (b)Any persons, organizations or "employees" havingproper temporary authori- zation to administer your"employee benefit program" if you die, but only until yourlegal representative is ap- pointed. (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part-nership, joint venture or limited liability company, and overwhich you maintain ownership or majority interest, will qualifyas a Named Insured if no other similar insurance applies to thatorganization. However, cover- age under this provision: (a)Is afforded only until the 180th day after you acquireor form the organization or the end of the policy period,whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS 189 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 5 of 16 OF INSURANCE is deleted in its en- tirety and replaced by the following: (1)The Limits of Insurance shown in Section B. Limits of Insur-ance, 1. Employee Benefit Li- ability Coverage and the rulesbelow fix the most we will pay regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing"suits"; (d)Acts, errors or omissions; or (e)Benefits included in your"employee benefit pro- gram". (2)The Aggregate Limit shown in Section B. Limits of Insurance,1. Employee Benefit Liability Coverage of this endorsementis the most we will pay for all damages because of acts, er-rors or omissions negligently committed in the "administra-tion" of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the"administration" of your "em- ployee benefit program". However, the amount paid un- der this endorsement shall notexceed, and will be subject to the limits and restrictions thatapply to the payment of benefits in any plan included in the "em-ployee benefit program". (4) Deductible Amount (a)Our obligation to pay dam-ages on behalf of the in- sured applies only to theamount of damages in ex- cess of the deductibleamount stated in the Decla- rations as applicable toEach Employee. The limits of insurance shall not bereduced by the amount of this deductible. (b)The deductible amount stated in the Declarationsapplies to all damages sustained by any one "em-ployee", including such "employee's" dependentsand beneficiaries, because of all acts, errors or omis-sions to which this insur- ance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insuredagainst any "suits" seeking those dam-ages; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act, error or omission, or claim, apply irrespective of theapplication of the deductible amount. (d)We may pay any part or all of the deductible amount toeffect settlement of any claim or "suit" and, uponnotification of the action taken, you shall promptlyreimburse us for such part of the deductible amount aswe have paid. d. Additional Conditions As respects Employee Benefit Li-ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL-ITY CONDITIONS is amended as follows: (1)Item 2. Duties in the Event of Occurrence,Offense,Claim or Suit is deleted in its entirety and replaced by the following: 190 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 6 of 16 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit a.You must see to it thatwe are notified as soon as practicable of anact, error or omission which may result in aclaim. To the extent possible, notice shouldinclude: (1)What the act, erroror omission was and when it oc-curred; and (2)The names and addresses of any- one who may suffer damages as a result of the act, error or omission. b.If a claim is made or "suit" is brought againstany insured, you must: (1)Immediately rec- ord the specifics of the claim or "suit" and the date re- ceived; and (2)Notify us as soonas practicable. You must see to it thatwe receive written no- tice of the claim or"suit" as soon as prac- ticable. c.You and any other in- volved insured must: (1)Immediately sendus copies of any demands, notices,summonses or le- gal papers re-ceived in connec- tion with the claimor "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with usin the investigation or settlement ofthe claim or de- fense against the"suit"; and (4)Assist us, uponour request, in the enforcement of any right against any person or or- ganization which may be liable to the insured be- cause of an act, error or omission to which this in- surance may also apply. d.No insured will, except at that insured's owncost, voluntarily make a payment, assume anyobligation, or incur any expense without ourconsent. (2)Item 5. Other Insurance is de-leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to theinsured for a loss we cover under this Coverage Part,our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c.below applies. If this in- surance is primary, ourobligations are not af- fected unless any ofthe other insurance is also primary. Then, wewill share with all that other insurance by themethod described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per-mit contribution by equal shares, we willcontribute by limits. Under this method,each insurer's share is 191 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 7 of 16 based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss forwhich the insured is entitled to recovery un-der any other insur- ance in force previousto the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V -DEFINITIONS is amended as fol- lows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", includingtheir dependents and beneficiaries, with re-spect to eligibility for or scope of "employeebenefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records inconnection with the "employee benefit pro-grams"; or d.Effecting, continuing or terminating any "em- ployee's" participation in any benefit included in the "employee bene- fit program". However, "administration" does not include: a.Handling payroll de- ductions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans" means plan authorized by applica- ble law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams" means a programproviding some or all of the following benefits to "em-ployees", whether provided through a "cafeteria plan" orotherwise: a.Group life insurance;group accident or health insurance; den-tal, vision and hearing plans; and flexiblespending accounts; provided that no oneother than an "em- ployee" may subscribeto such benefits and such benefits are madegenerally available to those "employees" whosatisfy the plan's eligi- bility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social securitybenefits, workers' com- pensation and disabilitybenefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transpor- tation and health club subsidies. (2)The following definitions are deleted in their entirety and re-placed by the following: 192 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 8 of 16 21."Suit" means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a.An arbitration pro- ceeding in which suchdamages are claimed and to which the in-sured must submit or does submit with ourconsent; b.Any other alternativedispute resolution pro- ceeding in which suchdamages are claimed and to which the in-sured submits with our consent; or c.An appeal of a civil proceeding. 8."Employee" means a per-son actively employed, for- merly employed, on leaveof absence or disabled, or retired. "Employee" includesa "leased worker". "Em- ployee" does not include a"temporary worker". 2. Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen-tations is hereby amended by the addi- tion of the following: Based on our dependence upon your representations as to existing hazards, ifunintentionally you should fail to disclose all such hazards at the inception date ofyour policy, we will not reject coverage under this Coverage Part based solely onsuch failure. 3. Damage to Premises Rented to You a.The last Subparagraph of Paragraph2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURYAND PROPERTY DAMAGE,2. LI- ABILITY Exclusions is hereby de-leted and replaced by the following: Exclusions c. through q. do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b.The insurance provided under SEC- TION I - COVERAGES,COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le-gal Liability, as provided in Paragraph 3.b. above: The exclusions under SECTION I - COVERAGES,COVERAGEA. BODILY INJURY AND PROPERTY DAMAGE LIABIL-ITY,2. Exclusions, other than i. War and the Nuclear EnergyLiability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con- tract; or 2)Loss caused by or re-sulting from any of the following: a)Wear and tear; b)Rust, corrosion, fungus, decay, deterioration, hid- den or latent de- fect or any quality in property that causes it to dam- age or destroy it- self; c)Smog; d)Mechanical breakdown in- cluding rupture or bursting caused by centrifugal force; e)Settling, cracking,shrinking or ex- pansion; or f)Nesting or infesta- tion, or dischargeor release of waste products orsecretions, by in- sects, birds, ro-dents or other animals. (b)Loss caused directly or indi- rectly by any of the follow- ing: 193 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 9 of 16 1)Earthquake, volcanic eruption, landslide or any other earth move- ment; 2)Water that backs up or overflows from asewer, drain or sump; 3)Water under theground surface press- ing on, or flowing orseeping through: a)Foundations, walls, floors or paved surfaces; b)Basements,whether paved or not; or c)Doors, windows or other openings. (c)Loss caused by or resultingfrom water that leaks or flows from plumbing, heat-ing, air conditioning, or fire protection systems causedby or resulting from freez- ing, unless: 1)You did your best to maintain heat in thebuilding or structure; or 2)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)Loss to or damage to: 1)Plumbing, heating, air conditioning, fire pro- tection systems, or other equipment or ap- pliances; or 2)The interior of any building or structure, orto personal property in the building or structurecaused by or resulting from rain, snow, sleetor ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2)Paragraph 6. of SECTION III -LIMITS OF INSURANCE is hereby deleted and replaced bythe following: 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3)The amount we will pay is lim- ited as described in Section B.Limits of Insurance, 3. Dam- age to Premises Rented toYou of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE,SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assistus in the investigation or defense of the claim or "suit", including actualloss of earnings up to the limit shown in Section B. Limits of Insurance,4.b.Loss of Earnings of this en- dorsement per day because of timeoff from work. 5. Medical Payments The Medical Expense Limit of Any OnePerson as stated in the Declarations is amended to the limit shown in Section B.Limits of Insurance, 5. Medical Pay- ments of this endorsement. 194 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 10 of 16 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op-erations incidental to the insured's business when: (1)Damage is caused by the in- sured; or (2)Damage occurs while in the in-sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES,COV- ERAGE A. BODILY INJURY ANDPROPERTY DAMAGE LIABILITY,2. Exclusions,j. Damage to Property,Subparagraphs (3), (4)and (5)do not apply to "property damage" tothe property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a.The Limits of Insurance shown in the Declarations are replaced by the lim-its designated in Section B. Limits of Insurance, 6. Voluntary PropertyDamage and Care,Custody or Control Liability Coverage of thisendorsement with respect to cover- age provided by this endorsement.These limits are inclusive of and not in addition to the limits being re-placed. The Limits of Insurance shown in Section B. Limits of Insur-ance, 6. Voluntary Property Dam- age and Care,Custody or ControlLiability Coverage of this endorse- ment fix the most we will pay in anyone "occurrence" regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations mak- ing claims or bringing "suits". b. Deductible Clause (1)Our obligation to pay damages on your behalf applies only tothe amount of damages for each "occurrence" which are in ex-cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care,Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2)Condition 2. Duties in the Event of Occurrence,Offense,Claimor Suit, applies to each claim or "suit" irrespective of the amount. (3)We may pay any part or all of the deductible amount to effectsettlement of any claim or "suit" and, upon notification of the ac-tion taken, you shall promptly reimburse us for such part of thedeductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED isamended as follows: Subparagraph a.of Paragraph 4.is hereby deleted and replaced by the fol- lowing: a.Insurance under this provision is af-forded only until the 180th day after you acquire or form the organizationor the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we mayhave because of payments we make for injury or damage arising out of your on-going operations or "your work" done un- der a written contract requiring suchwaiver with that person or organization and included in the "products-completedoperations hazard". However, our rights may only be waived prior to the "occur-rence" giving rise to the injury or damage for which we make payment under thisCoverage Part. The insured must do nothing after a loss to impair our rights. Atour request, the insured will bring "suit" or transfer those rights to us and help usenforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a.The following is hereby added to SECTION II - WHO IS AN INSURED: 195 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 11 of 16 (1)Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a)A written contract oragreement; or (b)An oral agreement or con-tract where a certificate of insurance showing that per-son or organization as an additional insured has beenissued, is an insured, provided: (a)The written or oral contractor agreement is: 1)Currently in effect or becomes effective during the policy pe- riod; and 2)Executed prior to an "occurrence" or offenseto which this insurance would apply; and (b)They are not specifically named as an additional in-sured under any other pro- vision of, or endorsementadded to, this Coverage Part. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a)The manager or lessor of a premises leased to you withwhom you have agreed per Paragraph 9.a.(1)above toprovide insurance, but only with respect to liability aris-ing out of the ownership, maintenance or use of thatpart of a premises leased to you, subject to the followingadditional exclusions: This insurance does not apply to: 1)Any "occurrence" which takes place afteryou cease to be a ten- ant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Any person or organization from which you leaseequipment with whom you have agreed per Paragraph9.a.(1)above to provide in- surance. Such person(s) ororganization(s) are in- sureds, but only to the ex-tent that the liability for "bodily injury", "propertydamage" or "personal and advertising injury" is causedby your negligence, acts or omissions in the mainte-nance, operation or use of equipment leased to you bysuch person(s) or organiza- tions(s). However, this in-surance does not apply to any "occurrence" whichtakes place after the equipment lease expires. (c)Any person or organization (referred to below as ven-dor) with whom you have agreed per Paragraph9.a.(1)above to provide in- surance, but only with re-spect to "bodily injury" or "property damage" arisingout of "your products" which are distributed or sold in theregular course of the ven- dor's business, subject tothe following additional ex- clusions: 1)The insurance afforded the vendor does not apply to: a)"Bodily injury" or "property damage"for which the ven- dor is obligated topay damages by reason of the as-sumption of liabil- ity in a contract oragreement. This exclusion does notapply to liability for damages that thevendor would have in the ab-sence of the con- tract or agree-ment; 196 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 12 of 16 b)Any express war- ranty unauthorized by you; c)Any physical orchemical change in the productmade intentionally by the vendor; d)Repackaging, ex- cept when un-packed solely for the purpose of in-spection, demon- stration, testing, orthe substitution of parts under in-structions from the manufacturer, andthen repackaged in the originalcontainer; e)Any failure to make such in- spections, adjust- ments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; f)Demonstration, in-stallation, servic- ing or repair op-erations, except such operationsperformed at the vendor's premisesin connection with the sale of theproduct; g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h)"Bodily injury" or "property damage"arising out of the negligence, actsor omissions of the vendor, its employees or anyone else act- ing on its behalf. 2)This insurance doesnot apply to any in- sured person or or-ganization: a)From whom youhave acquired such products, orany ingredient, part or container,entering into, ac- companying orcontaining such products; or b)When liability in- cluded within the "products- completed opera- tions hazard" has been excluded under this Cover- age Part with re- spect to such products. (d)Any state or political subdi-vision with which you have agreed per Paragraph9.a.(1)above to provide in- surance, subject to the fol-lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte- nance, repair, con-struction, erection, or removal of advertisingsigns, awnings, cano- pies, cellar entrances,coal holes, driveways, manholes, marquees,hoist away openings, sidewalk vaults, streetbanners, or decora- tions and similar expo-sures; or 2)The construction, erec-tion, or removal of ele- vators; or 3)The ownership, main- tenance, or use of any elevators covered by this insurance. 197 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 13 of 16 (e)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing provisions: 1)This insurance applies only with respect to op-erations performed by you or on your behalffor which the state or political subdivision hasissued a permit. 2)This insurance doesnot apply to "bodily in- jury", "property dam-age" or "personal and advertising injury" aris-ing out of operations performed for the stateor political subdivision. (f)For "your work" performed in Montana, any person or organization with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, but only to the extent that the liability is caused by "your work" per- formed for that additional insured and only to the ex- tent that such liability is caused by your acts or omissions or the acts or omissions of those acting on your behalf. A person or organization's status as an insured under this provision of this endorsement contin- ues for only the period of time required by the written contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. If there is no writ- ten contract or agreement, or if no period of time is re- quired by the written con- tract or agreement, a per- son or organization's status as an insured under this endorsement ends when your operations for that in- sured are completed. (g)For "your work" performedin the "coverage territory" but not in Montana, anyperson or organization with which you have agreed perParagraph 9.a.(1) above to provide insurance, but onlywith respect to liability aris- ing out of "your work" per- formed for that additional insured by you or on your behalf. A person or organi- zation's status as an in- sured under this provision of this endorsement contin- ues for only the period of time required by the written contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. If there is no writ- ten contract or agreement, or if no period of time is re- quired by the written con- tract or agreement, a per- son or organization's status as an insured under this endorsement ends when your operations for that in- sured are completed. (3)Any insurance provided to anadditional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e), (f)and (g)do not apply to "bodilyinjury" or "property damage" included within the "prod-ucts-completed operations hazard"; (b)Subparagraphs (a), (d), (e) and (g)do not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its "employees"; or (c)Subparagraph (f)and (g) do not apply to "bodily in-jury", "property damage" or "personal and advertisinginjury" arising out of: 1)The rendering of, or failure to render, any professional services by you or on your be- half, but only with re- spect to either or both of the following opera- tions: a)Providing engi- neering, architec-tural or surveying services to others;and b)Providing, or hiringindependent pro- fessionals to pro-vide, engineering, 198 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 14 of 16 architectural or surveying services in connection with construction work you perform. 2)Subject to Paragraph3)below, professional services include: a)Preparing, ap- proving, or failingto prepare or ap- prove, maps, shopdrawings, opin- ions, reports, sur-veys, field orders, change orders, ordrawings and specifications; and b)Supervisory or in- spection activities performed as part of any related ar- chitectural or en- gineering activi- ties. 3)Professional services do not include serviceswithin construction means, methods, tech-niques, sequences and procedures employedby you in connection with construction workyou perform. (d)Subparagraphs (f) and (g) do not apply to "bodily in- jury" or "property damage" arising out of "your work" for which a consolidated (wrap- up) insurance program has been provided by the prime contractor / project man- ager or owner of the con- struction project in which you are involved. b.Only with regard to insurance pro-vided to an additional insured desig- nated under Paragraph 9.a.(2)Sub-paragraphs (f)and (g)above, SEC- TION III - LIMITS OF INSURANCE isamended to include: The limits applicable to the additionalinsured are those specified in the written contract or agreement or inthe Declarations of this Coverage Part, whichever are less. If no limitsare specified in the written contract or agreement, or if there is no writtencontract or agreement, the limits ap- plicable to the additional insured arethose specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS ishereby amended as follows: (1)Condition 5. Other Insurance isamended to include: (a)Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and / or noncon- tributing, whichever applies, with this insurance. (b)Any insurance provided bythis endorsement shall be primary to other insuranceavailable to the additional insured except: 1)As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS, 5. Other Insurance,b. Excess Insurance; or 2)For any other valid and collectible insuranceavailable to the addi- tional insured as anadditional insured by attachment of an en-dorsement to another insurance policy that iswritten on an excess basis. In such case, thecoverage provided un- der this endorsementshall also be excess. (2)Condition 11. Conformance toSpecific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement a.With respect to addi- tional insureds de-scribed in Paragraph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that 199 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 15 of 16 coverage for the addi- tional insured: (1)Be provided by the Insurance Serv-ices Office addi- tional insured formnumber CG 32 87, CG 21 78 or CG32 90; or (2)Include coveragefor completed op- erations; or (3)Include coverage for "your work"; and where the limits orcoverage provided to the additional insured ismore restrictive than was specifically re-quired in that written contract or agreement,the terms of Para- graphs 9.a.(3)(a)or9.b.above, or any combination thereof,shall be interpreted as providing the limits orcoverage required by the terms of the writtencontract or agreement, but only to the extentthat such limits or cov- erage is included withinthe terms of the Cover- age Part to which thisendorsement is at- tached. b.With respect to addi- tional insureds de- scribed in Paragraph 9.a.(2)(g) above only: If a written contract oragreement between you and the additionalinsured specifies that coverage for the addi-tional insured: a.Be provided by theInsurance Serv- ices Office addi-tional insured form number CG 20 10or CG 20 37 (where editionspecified); or b.Include coverage for completed op- erations; or c.Include coveragefor "your work"; and where the limits or coverage provided to the additional insured is more restrictive than was specifically re- quired in that written contract or agreement, the terms of Para- graphs 9.a.(3)(a), 9.a.(3)(b)or 9.b. above, or any combi- nation thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is in- cluded within the terms of the Coverage Part to which this endorse- ment is attached. If, however, the written contract or agreement specifies the Insurance Services Office addi- tional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.3.b.and 9.b.of this endorsement shall not apply and Paragraph 9.a.(3)(a)of this en- dorsement shall apply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1)of Definition 12."Insured contract" (SEC-TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a.The following is hereby added to Ex- clusion j. Damage to Property ofParagraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGEA. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance pro- vided by this section of the en-dorsement, the following additional provisions apply: 200 Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc., with its permission.Page 16 of 16 (1)The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11.of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bring "suits". (2) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11.of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b)Condition 2. Duties in the Event of Occurrence,Of-fense,Claim or Suit, ap- plies to each claim or "suit"irrespective of the amount. (c)We may pay any part or allof the deductible amount to effect settlement of anyclaim or "suit" and, upon notification of the actiontaken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - SpecifiedHealth Care Services It is hereby agreed that Paragraph2.a.(1)(d)of SECTION II - WHO IS AN INSURED, does not apply to your "em-ployees" who provide professional health care services on your behalf as duly li-censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance appliestakes place. 13. Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti-fied as soon as practicable of an "occurrence" or an offense whichmay result in a claim. To the extent possible, notice should include: (1)How, when and where the "oc- currence" or offense took place; (2)The names and addresses ofany injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out ofthe "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 201 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME:FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 8/22/2019 (406) 922-6055 10677 Greater Gallatin Contractors, Inc.201 W. Madison Ave Ste. 2A Belgrade, MT 59714 15819 A 1,000,000 X ENP 0241202 4/1/2018 4/1/2021 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A EBA 0241202 4/1/2019 4/1/2020 B 034488031 4/1/2019 4/1/2020 1,000,000N1,000,000 1,000,000 A Equipment Floater ENP 0241202 4/1/2018 Leased/Rented Equip 100,000 Certificate holder is additional insured for General Liability provided requirement is part of a written agreement currently in effect per the conditions and limitations of policy form GA233 05-10; available upon request. City of Bozeman & State of Montana PO Box 1230 Bozeman, MT 59771-1230 GREAGAL-04 TOBIE First West, Inc.P.O. Box 1800Bozeman, MT 59771 Jamie Kirk, CIC jkirk@1stwestinsurance.com Cincinnati Insurance Company Montana State Fund X 4/1/2021 X X X X 202