HomeMy WebLinkAbout19- Professional Services Agreement - Greater Gallatin Contractors, Inc. - Landscaping at Story Mill Community Park Doz
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this I(per day of r 201°7, 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 31 st 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
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 municipallaws. 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.
Contactor 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 contactors.
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 workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 2 of 11
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
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.
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 3 of 11
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 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.
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 4 of 11
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.
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.
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 5 of 11
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.
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
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 6 of 11
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 fees and
charges in connection therewith.
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 7 of I I
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.
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
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 8 of 11
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
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
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 9 of 11
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.
xYxx END OF AGREEMENT EXCEPT FOR SIGNATURES xxxY
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 10 of 11
IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA Greater Gallatin Contractors Inc.
CONTTO
y
B B y
- qn
Andrea Surratt, City anagei• annah inters, Office Manager
APPROVED AS TO FORM:
By
eg Ilivan, Bozeman City Attorney
Professional Services Agreement for Landscaping at Story Mill Community Park
FY 2019—FY 2021
Page 11 of 11
Attachment A:
Scope of Services
PROJECT DESCRIPTION
Story Mill Park Landscape Maintenance
2019
COMPANY NAME
City of Bozeman
Parks and Recreation Dept.
''� ►:,, PO Box 1230
.. % ?
Bozeman MT 59771
GREATER GALLATIN CONTRACTORS, INC.
201 W.Madison Ave.Ste 2A
Belgrade,MT 59714
www.greatergallatin.com
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.
Greater Gallatin Contractors,Inc.www.greatergallatin.com 40G-570-3784 I I P a g e
DATE 8/26/2019
TO City of Bozeman
Parks and Recreation
SITE Story Mill Community Park l
2019 Season Proudly Serving the Gallatin Valley for over 15 years
www.greatergailatin.com
*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
Fertilizing and Weed Control in Bluegrass Areas
Qty Season Total
Bluegrass Liquid Weed and Fertilizer Application 3 $ 12,360.00
*Exhibit A on included map
*Application to be done in the spring surnmer and fall of 2019
*Clear signage and/or markings will be placed in the effected area post spraying
Fertilizing and Weed Control in Native Seed Mix Areas
Qty Season Total
Granular Fertilizing 1 $ 4,380.00
Weed Control 2 $ 14,006.00
*Exhibit B on included
*Application to be done in the summer and fall of 2019
*Clear signage and/or markings will be placed in the effected area post spraying
Mowing
Per Month Cost Season Total
Mowing Bluegrass $ 885.00 $ 10,620.00
*Exhibit A on attached map
*estimated 12 mows left in the season
*Iincludes mowing,trimming and pickup of willow debris in playground area
Greater Gallatin Contractors.Inc.www.grEatErgallatin.com 40G-570-3784 2 1 P a g e
*Blowing off sidewalks,walkways,pavilion area and entryways
Misc.
Season Budget-not to exceed
Miscellaneous as needed work $ 5,000.00
*Services must be requested in writing or via email
*All services requested and not included in additional warranty extensions will be billed at$44.25 per
man hour+material
Greater Gallatin Contractors,Inc,www.greatergallatin.com 406-570-3784 3 1 Page
I
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 1 st 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 40G-570-3784 4 1 Page
PROJECT DESCRIPTION
Story Mill Park Landscape Maintenance
2020
f •
COMPANY NAME
a City of Bozeman
f a Parks and Recreation Dept.
` PO Box 1230
Bozeman, MT 59771
GREATER GALLATIN CONTRACTORS, INC.
201 W. Madison Ave.Ste 2A
Belgrade, MT 59714
www.greatergallatin.com
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.
Greater Gallatin Contractors,Inc.www.greatergallatin.com 40G-570-3784 I I Page
DATE 8/26/2019
TO City of Bozeman
Parks and Recreation
SITE Story Mill Community Park 1
2020 Season Proudly Serving the Gallatin Valley for over 15 years
www.grcatergatiatin.com
*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
Fertilizing and Weed Control in Bluegrass Areas
Qty Season Total
Bluegrass Liquid Weed and Fertilizer Application 3 $ 12,360.00
*Exhibit A on included map
*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
Fertilizing and Weed Control in Native Seed Mix Areas
Qty Season Total
Granular Fertilizing 2 $ 8,756.00
Weed Control 3 $ 11,105.00
*Exhibit B on included
*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
Plaza Weed Control
Qty Season Total
Planting Bed Pre-Emergent Herbicide 3 $ 3,912.00
*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
Greater Gallatin Contractors,Inc.www.greatergallatin.com 06-0-3784 2 1 P a g e
Weed Control on Trails
Qty Season Total
5900'Linear Feet x 6'Wide 1 $ 577.00
*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,
Per Month Cost Season Total
Mowing Bluegrass $ 3,540.00 $ 21,240.00
*Exhibit A on attached map
*Landscape Maintenance Season(Mowing)runs April-October
*Iincludes mowing,trimming and pickup of willow debris in playground area
*Blowing off sidewalks,walkways,pavilion area and entryways
Spring Clean-up
Qty Season Total
Landscape Maintenance in the Spring 2020 1 $ 2,454.40
*Including clean up of Willows in Playground Area
Irrigation Winterization
Season Total
Shut down the irrigation system in Fall 2020 77 Zones $ 1,232.00
Misc.
Season Budget-not to exceed
Miscellaneous as needed work $ 5,000.00
*Services must be requested in writing or via email
*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 400-570-3784 3 1 P a g e
2020 Season Total
$61,636.40
2020 Season Miscellanious Work Requested Budget
$5,000.00
Sesason total billed over a 7 month period (April - October) on the 1 st of the month or
subsequent weekday following in the amount of$8,805.20.
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 40G-570-3784 4 1 P a g e
PROJECT DESCRIPTION
Story Mill Park Landscape Maintenance
2021
COMPANY NAME
City of Bozeman
Parks and Recreation Dept.
PO Box 1230
Bozeman,MT 59771
GREATER GALLATIN CONTRACTORS, INC.
r
201 W.Madison Ave.Ste 2A
Belgrade,MT 59714
www.greatergallatin.com
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.
Greater Gallatin Contractors,Inc.www.greatErgallatin.com 406-570-3784 1 1 Page
DATE 8/26/2019
TO City of Bozeman
Parks and Recreation
SITE Story Mill Community Park
2021 Season Proudly Serving the Gallatin Valley for over 15 years
www.greatergallatin.com
*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
Fertilizing and Weed Control in BIuegrass Areas
Qty Season Total
Bluegrass Liquid Weed and Fertilizer Application 1 $ 1,373.00
*Exhibit A on included map
*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
Fertilizing and Weed Control in Native Seed Mix Areas
Qty Season Total
Granular Fertilizing 2 $ 8,756.00
Weed Control 2 $ 14,606.00
*Exhibit B on included
*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
F_ Plaza Weed Control
Qty Season Total
Planting Bed Pre-Emergent Herbicide 3 $ 3,912.00
*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
Greater Gallatin Contractors,Inc.www.greatergallatin.com 406-00-3784 2 1 Page
Weed Control on Trails
Qty Season Total
5900'Linear Feet x 6'Wide 1 $ 577.00
*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
1V�otving
Per Month Cost Season Total
Mowing Bluegrass $ 3,892.00 $ 23,352.00
*Exhibit A on attached map
*Landscape Maintenance Season(Mowing)runs April-October
*Iincludes mowing,trimming and pickup of willow debris in playground area
*Blowing off sidewalks,walkways,pavilion area and entryways
Spring Clean-up
Qty Season Total
Landscape Maintenance in the Spring 2021 1 $ 2,454.40
*Including clean up of Willows in Playground Area
Irrigation Start Up
Shut down the irrigation system in Spring of 2021 77 Zones $ 1,232.00
Irrigation Winterization
Season Total
Shut down the irrigation system in Fall 2021 77 Zones $ 1,232.00
Greater Gallatin Contractors,Inc.www.greatErgallatin.com 4DG-570-3784 3 1 P a g e
Misc.
Season Budget-not to exceed
Miscellaneous as needed work $ 5,000.00
*Services must be requested in writing or via email
*All services requested and not included in additional warranty exlcusions will be billed at$44.25 per man
hour+material
a
2021 Season Total
$57,494.40
2021 Season Miscellanious Work Requested Budget
$5,000.00
Sesason total billed over a 7 month period(April -October) on the 1 st 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
See additional warranty/exclusions information following this proposal
Greater Gallatin Contractors,Inc.www.greatergallatin.com 406-570-3784 4 1 P a g e
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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 t
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
I I 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.
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
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 1 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 RATE ADVANCE PREMIUM
(a) Area (For Limits in Excess of (For Limits in Excess of
(b) Payroll $5,000) $5,000)
(c) Gross Sales
(d) Units
(e) Other
b. Care, Custody $
or Control
TOTAL ANNUAL PREMIUM $
11. Property Damage to Borrowed Equipment
Each Occurrence Limit: $ 10,000
Deductible: $ 250
C. Coverages: 2) Our right and duty to
1. Employee Benefit Liability Coverage defend ends when wehave used up the ap-
a. The following is added to SECTION I plicable limit of insur-
- COVERAGES: Employee Benefit ance in the payment of
Liability Coverage. judgments or settle-
ments.
(1) Insuring Agreement
No other obligation or liabil-
(a) We will pay those sums that ity to pay sums or perform
the insured becomes legally acts or services is covered
obligated to pay as dam- unless explicitly provided for
ages caused by any act, er- under Supplementary Pay-
ror or omission of the in- ments.
sured, or of any other per-
son for whose acts the in- (b) This insurance applies to
sured is legally liable, to damages only if the act, er-
which this insurance ap- ror or omission, is negli-
plies. We will have the right gently committed in the
and duty to defend the in- "administration" of your
sured against any "suit" employee benefit pro-
seeking those damages. gram"; and
However, we will have no 1) Occurs during the pol-
duty to defend against any icy period;or
suit seeking damages to
which this insurance does 2) Occurred prior to the
not apply. We may, at our effective date of this
discretion, investigate any endorsement provided:
report of an act, error or omission and settle any a) You did not have
claim or "suit" that may re- knowledge of a
sult. But: claim or "suit" on
or before the ef-
1) The amount we will pay fective date of this
for damages is limited endorsement.
as described in SEC-
TION III - LIMITS OF You will be
INSURANCE; and deemed to have
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 2 of 16
knowledge of a Any claim based upon:
claim or "suit"
when any 1) Failure of any invest-
"authorized repre- ment to perform;
sentative"; 2) Errors in providing in-
i) Reports all, or formation on past per-
any part, of the formance of investment
act, error or vehicles; or
omission to us 3) Advice given to any
or any other person with respect to
insurer; that person's decision
ii) Receives a to participate or not to
written or ver- participate in any plan
bal demand or included in the "em-
claim for dam- ployee benefit pro-
ages because gram".
of the act, er- (f) Workers' Compensation
ror or omis- and Similar Laws
sion; and
b) There is no other Any claim arising out of
applicable iothernsur- your failure to comply with
the mandatory provisions of
ance. any workers' compensation,
(2) Exclusions unemployment compensa-
tion insurance, social secu-
This insurance does not apply rity or disability benefits law
to: or any similar law.
(a) Bodily Injury, Property (g) ERISA
Damage or Personal and
Advertising Injury Damages for which any in-
sured is liable because of
"Bodily injury", "property liability imposed on a fiduci-
damage" or "personal and ary by the Employee Re-
advertising injury". tirement Income Security
Act of 1974, as now or
(b) Dishonest, Fraudulent, hereafter amended, or by
Criminal or Malicious Act any similar federal, state or
Damages arising out of any local laws.
intentional, dishonest, (h) Available Benefits
fraudulent, criminal or mali-
cious act, error or omission, Any claim for benefits to the
committed by any insured, extent that such benefits
including the willful or reck- are available, with reason-
less violation of any statute. able effort and cooperation
(c) Failure to Perform aCon- of the insured, from the ap-
plicable funds accrued or
other collectible insurance.
Damages arising out of fail- (i) Taxes,Fines or Penalties
ure of performance of con-
tract by any insurer. Taxes, fines or penalties,
d Insufficiency of Funds including those imposed
( ) y under the Internal Revenue
Damages arising out of an Code or any similar state or
insufficiency of funds to local law.
meet any obligations under (j) Employment-Related
any plan included in the Practices
employee benefit pro-
gram". Any liability arising out of
(e) Inadequacy of Perform- any:
ance of Investment / Ad- (1) Refusal to employ;
vice Given With Respect
to Participation
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 3 of 16
(2) Termination of em- or limited liability company,
ployment; you are an insured. Your
(3) Coercion, demotion, "executive officers" and di-
rectors are insureds, but
evaluation, reassign- only with respect to their
ment, discipline, defa- duties as your officers or di-
mation, harassment, rectors. Your stockholders
humiliation, discrimina- are also insureds, but only
tion or other employ- with respect to their liability
ment-related practices, as stockholders.
acts or omissions;or
(e) A trust, you are an insured.
as(4) Consequential liability Your trustees are also in-
.(3)above.gr of (i), (2) or sureds, but only with re-
(3 spect to their duties as
This exclusion applies trustees.
whether the insured may be (2) Each of the following is also an
held liable as an employer insured:
or in any other capacity and
to any obligation to share (a) Each of your "employees"
damages with or repay who is or was authorized to
someone else who must administer your "employee
pay damages because of benefit program".
the injury.
(b) Any persons, organizations
(3) Supplementary Payments or "employees" having
proper temporary authori-
SECTION I - COVERAGES, zation to administer your
SUPPLEMENTARY PAY- "employee benefit program"
MENTS - COVERAGES A AND if you die, but only until your
B also apply to this Coverage. legal representative is ap-
b. Who is an Insured pointed.
As respects Employee Benefit Liabil- (c) Your legal representative if
ity Coverage, SECTION 11 - WHO IS you die, but only with re-
AN INSURED is deleted in its en- spect to duties as such.
tirety and replaced by the following: That representative will
have all your rights and du-
(1) If you are designated in the ties under this Coverage
Declarations as: Part.
(a) An individual, you and your (3) Any organization you newly ac-
spouse are insureds, but quire or form, other than a part-
only with respect to the nership, joint venture or limited
conduct of a business of liability company, and over
which you are the sole which you maintain ownership
owner. or majority interest, will qualify
as a Named Insured if no other
(b) A partnership or joint ven- similar insurance applies to that
ture, you are an insured. organization. However, cover-
Your members, your part- age under this provision:
ners, and their spouses are
also insureds but only with (a) Is afforded only until the
respect to the conduct of 180th day after you acquire
your business. or form the organization or
c A limited liability company, the end of the policy period,
( ) Y p y, whichever is earlier; and
you are an insured. Your
members are also insureds, (b) Does not apply to any act,
but only with respect to the error or omission that was
conduct of your business. committed before you ac-
Your managers are in- quired or formed the or-
sureds, but only with re- ganization.
spect to their duties as your
managers. c. Limits of Insurance
(d) An organization other than As respects Employee Benefit Liabil-
a partnership, joint venture ity Coverage, SECTION III - LIMITS
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 4 of 16
OF INSURANCE is deleted in its en- (4) Deductible Amount
tirety and replaced by the following:
(a) Our obligation to pay dam-
(1) The Limits of Insurance shown ages on behalf of the in-
in Section B. Limits of Insur- sured applies only to the
ance, 1. Employee Benefit Li- amount of damages in ex-
ability Coverage and the rules cess of the deductible
below fix the most we will pay amount stated in the Decla-
regardless of the number of: rations as applicable to
Each Employee. The limits
(a) Insureds; of insurance shall not be
(b) Claims made or "suits" reduced by the amount of
brought; this deductible.
(c) Persons or organizations (b) The deductible amount
making claims or bringing stated in the Declarations
applies to all damages
suits , sustained by any one "em-
(d) Acts, errors or omissions; or ployee", including such
"employee's" dependents
(e) Benefits included in your and beneficiaries, because
employee benefit pro- of all acts, errors or omis-
gram". sions to which this insur-
(2) The Aggregate Limit shown in ance applies.
Section B. Limits of Insurance, (c) The terms of this insurance,
1. Employee Benefit Liability including those with respect
Coverage of this endorsement to:
is the most we will pay for all
damages because of acts, er- 1) Our right and duty to
rors or omissions negligently defend the insured
committed in the "administra- against any "suits"
tion" of your "employee benefit seeking those dam-
program". ages; and
(3) Subject to the limit described in 2) Your duties, and the
(2) above, the Each Employee duties of any other in-
Limit shown in Section B. Limits volved insured, in the
of Insurance, 1. Employee event of an act, error or
Benefit Liability Coverage of omission, or claim,
this endorsement is the most we
will pay for all damages sus- apply irrespective of the
tained by any one "employee", application of the deductible
including damages sustained by amount.
such "employee's" dependents (d) We may pay any part or all
and beneficiaries, as a result of: of the deductible amount to
(a) An act, error or omission;or effect settlement of any
claim or suit and, upon
(b) A series of related acts, er- notification of the action
rors or omissions, regard- taken, you shall promptly
less of the amount of time reimburse us for such part
that lapses between such of the deductible amount as
acts, errors or omissions, we have paid.
negligently committed in the d. Additional Conditions
"administration" of your "em-
ployee benefit program". As respects Employee Benefit Li-
ability Coverage, SECTION IV -
However, the amount paid un- COMMERCIAL GENERAL LIABIL-
der this endorsement shall not ITY CONDITIONS is amended as
exceed, and will be subject to follows:
the limits and restrictions that
apply to the payment of benefits (1) Item 2. Duties in the Event of
in any plan included in the "em- Occurrence, Offense, Claim or
ployee benefit program". Suit is deleted in its entirety and
replaced by the following:
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 5 of 16
2. Duties in the Event of an any right against
Act, Error or Omission, or any person or or-
Claim or Suit ganization which
a. You must see to it that may be liable tothe insured be-
we are notified as soon cause of an act,
as practicable of an error or omission
act, error or omission to which this in-
which may result in a surance may also
claim. To the extent apply.
possible, notice should
include: d. No insured will, except
(1) What the act, error at that insured's own
cost, voluntarily make a
or omission was payment, assume any
and when it oc- obligation, or incur any
curred; and expense without our
(2) The names and consent.
addresses of any-
one who may (2) Item 5. Other Insurance is de-
leted in its entirety and replaced
suffer damages as
a result of the act, by the following:
error or omission. 5. Other Insurance
b. If a claim is made or If other valid and collectible
"suit" is brought against insurance is available to the
any insured,you must: insured for a loss we cover
of under this Coverage Part,
ord the specifics of
(1) Immediately re our obligations are limited the claim or "suit" as follows:
and the date re- a. Primary Insurance
ceived;and This insurance is pri-
(2) Notify us as soon mary except when c.
as practicable. below applies. If this in-
surance is primary, our
You must see to it that obligations are not af-
we receive written no-su fected unless any of
11 of the claim or the other insurance is
suit" as soon as prac- also primary. Then, we
ticable. will share with all that
c. You and any other in- other insurance by the
volved insured must: method described in b.
below.
(1) Immediately send b. Method of Sharing
us copies of any g
demands, notices, If all of the other insur-
summonses or le- ance permits contribu-
gal papers re- tion by equal shares,
ceived in connec- we will follow this
tion with the claim method also. Under
or"suit"; this approach each in-
(2) Authorize us to surer contributes equal
obtain records and amounts until it has
other information; paid its applicable limit
of insurance or none of
(3) Cooperate with us the loss remains,
in the investigation whichever comes first.
or settlement of
the claim or de- If any of the other in-
fense against the surance does not per-
"suit"; and contributionmit equal shares, we will
(4) Assist us, upon contribute by limits.
our request, in the Under this method,
enforcement of each insurer's share is
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 6 of 16
based on the ratio of its 2. "Cafeteria plans" means
applicable limit of in- plan authorized by applica-
surance to the total ap- ble law to allow "employ-
plicable limits of insur- ees" to elect to pay for cer-
ance of all insurers. tain benefits with pre-tax
c. No Coverage dollars.
This insurance shall not 3. "Employee benefit pro-
grams" means a program
cover any loss for providing some or all of the
which the insured is following benefits to "em-
entitled to recovery un- ployees", whether provided
der any other insur- through a "cafeteria plan" or
ance in force previous otherwise:
to the effective date of
this Coverage Part. a. Group life insurance;
e. Additional Definitions group accident or
health insurance; den-
As respects Employee Benefit Li- tal, vision and hearing
ability Coverage, SECTION V - plans; and flexible
DEFINITIONS is amended as fol- spending accounts;
lows: provided that no one
other than an "em-
(1) The following definitions are ployee" may subscribe
added: to such benefits and
such benefits are made
1. "Administration" means: generally available to
a. Providing information to those "employees" who
"employees", including satisfy the plans eligi-
their dependents and bility requirements;
beneficiaries, with re- b. Profit sharing plans,
spect to eligibility for or employee savings
scope of "employee plans, employee stock
benefit programs"; ownership plans, pen-
b. Interpreting the "em- sion plans and stock
ployee benefit pro- subscription plans,
provided that no one
grams"; other than an "em-
c. Handling records in ployee may subscribe
connection with the to such benefits and
"employee benefit pro- such benefits are made
grams"; or generally available to
all "employees" who
d. Effecting, continuing or are eligible under the
terminating any "em- plan for such benefits;
ployee's" participation
in any benefit included c. Unemployment insur-
in the "employee bene- ance, social security
fit program". benefits, workers' com-
pensation and disability
However, administration benefits;and
does not include:
d. Vacation plans, includ-
a. Handling payroll de- ing buy and sell pro-
ductions;or grams; leave of ab-
b. The failure to effect or sence programs, in-
maintain any insurance cluding military, mater-
or adequate limits of nity, family, and civil
coverage of insurance, leave; tuition assis-
tance plans; transpor-
tation but not limited and health club
to unemployment in-surance, social security subsidies.
benefits, workers' com- (2) The following definitions are
pensation and disability deleted in their entirety and re-
benefits. placed by the following:
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 7 of 16
21. "Suit" means a civil pro- A. BODILY INJURY AND PROP-
ceeding in which money ERTY DAMAGE LIABILITY applies
damages because of an to "property damage" arising out of
act, error or omission to water damage to premises that are
which this insurance applies both rented to and occupied by you.
are alleged. "Suit" includes:
(1) As respects Water Damage Le-
a. An arbitration pro- gal Liability, as provided in
ceeding in which such Paragraph 3.b.above:
damages are claimed The exclusions under SECTION
and to which the in-sured must submit or I - COVERAGES, COVERAGE
does submit with our A. BODILY INJURY AND
consent; PROPERTY DAMAGE LIABIL-
ITY, 2. Exclusions, other than i.
b. Any other alternative War and the Nuclear Energy
dispute resolution pro- Liability Exclusion, are deleted
ceeding in which such and the following are added:
damages are claimed
and to which the in- This insurance does not apply
sured submits with our to:
consent; or (a) "Property damage":
c. An appeal of a civil 1) Assumed in any con-
proceeding. tract; or
8. "Employee" means a per- 2) Loss caused by or re-
son actively employed, for- suiting from any of the
merly employed, on leave following:
of absence or disabled, or
retired. "Employee" includes a) Wear and tear;
a "leased worker". "Em-
ployee" does not include a b) Rust, corrosion,
"temporary worker". fungus, decay,
deterioration, hid-
2. Unintentional Failure to Disclose Haz- den or latent Be-
ards fect or any quality
SECTION IV-COMMERCIAL GENERAL in property that
LIABILITY CONDITIONS, 7. Represen- causes it to dam-
tations is hereby amended by the addi- age or destroy it-
tion of the following: self;
Based on our dependence upon your
c) Smog;
representations as to existing hazards, if d) Mechanical
unintentionally you should fail to disclose breakdown in-
all such hazards at the inception date of cluding rupture or
your policy, we will not reject coverage bursting caused
under this Coverage Part based solely on by centrifugal
such failure. force;
3. Damage to Premises Rented to You e) Settling, cracking,
a. The last Subparagraph of Paragraph shrinking or ex-
2. SECTION I - COVERAGES, pansion; or
COVERAGE A. - BODILY INJURY f) Nesting or infesta-
AND PROPERTY DAMAGE, 2. LI- tion, or discharge
ABILITY Exclusions is hereby de- or release of
leted and replaced by the following: waste products or
Exclusions c.through q. do not apply secretions, by in-
to damage by fire, explosion, light- sects, birds, ro-
ning, smoke or soot to premises dents or other
while rented to you or temporarily animals.
occupied by you with permission of (b) Loss caused directly or indi-
the owner. rectly by any of the follow-
b. The insurance provided under SEC- ing:
TION I -COVERAGES, COVERAGE
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 8 of 16
1) Earthquake, volcanic 6. Subject to 5. above, the
eruption, landslide or Damage to Premises
any other earth move- Rented to You Limit is the
ment; most we will pay under
2) Water that backs u or COVERAGE A. BODILY
p INJURY AND PROPERTY
overflows from a DAMAGE LIABILITY, for
sewer, drain or sump; damages because of
3) Water under the "property damage" to
ground surface press- premises while rented to
ing on, or flowing or you or temporarily occupied
seeping through: by you with permission of
the owner, arising out of
a) Foundations, any one 'occurrence" to
walls, floors or which this insurance ap-
paved surfaces; plies.
b) Basements, (3) The amount we will pay is lim-
whether paved or ited as described in Section B.
not; or Limits of Insurance, 3. Dam-
age to Premises Rented to
c) Doors, windows or You of this endorsement.
other openings.
(c) Loss caused by or resulting 4. Supplementary Payments
from water that leaks or Under SECTION I - COVERAGE, SUP-
flows from plumbing, heat- PLEMENTARY PAYMENTS - COVER-
ing, air conditioning, or fire AGES A AND B:
protection systems caused
by or resulting from freez- a. Paragraph 2. is replaced by the fol-
ing, unless: lowing:
1) You did your best to Up to the limit shown in Section B.
maintain heat in the Limits of Insurance, 4.a. Bail Bonds
building or structure; or of this endorsement for cost of bail
bonds required because of accidents
2) You drained the or traffic law violations arising out of
equipment and shut off the use of any vehicle to which the
the water supply if the Bodily Injury Liability Coverage ap-
heat was not main- plies. We do not have to furnish
tained. these bonds.
(d) Loss to or damage to: b. Paragraph 4. is replaced by the fol-
1) Plumbing, heating, air lowing:
conditioning, fire pro- All reasonable expenses incurred by
tection systems, or the insured at our request to assist
other equipment or ap- us in the investigation or defense of
pliances;or the claim or "suit", including actual
loss of earnings up to the limit shown
2) The interior of any in Section B. Limits of Insurance,
building or structure, or 4.b. Loss of Earnings of this en-
to personal property in dorsement per day because of time
the building or structure off from work.
caused by or resulting
from rain, snow, sleet 5. Medical Payments
or ice, whether driven
by wind or not. The Medical Expense Limit of Any One
Person as stated in the Declarations is
c. Limit of Insurance amended to the limit shown in Section B.
Limits of Insurance, 5. Medical Pay-
The Damage to Premises Rented to ments of this endorsement.
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 by
the following:
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 9 of 16
6. Voluntary Property Damage and Care, stated in Section B. Limits of
Custody or Control Liability Coverage Insurance, 6. Voluntary Prop-
a. Voluntary Property Damage Cov- erty Damage and Care, Cus-
tody or Control Liability Cov-
erage erage of this endorsement. The
We will pay for "property damage" to limits of insurance will not be re-
property of others arising out of op- duced by the application of such
erations incidental to the insured's deductible amount.
business when: (2) Condition 2.Duties in the Event
(1) Damage is caused by the in- of Occurrence, Offense, Claim
sured; or or Suit, applies to each claim or
"suit" irrespective of the amount.
(2) Damage occurs while in the in-
sured's possession. (3) We may pay any part or all of
the deductible amount to effect
With your consent, we will make settlement of any claim or "suit"
these payments regardless of fault. and, upon notification of the ac-
tion taken, you shall promptly
b. Care, Custody or Control Liability reimburse us for such part of the
Coverage deductible amount as has been
SECTION 1 - COVERAGES, COW paid by us.
ERAGE A. BODILY INJURY AND 7. 180 Day Coverage for Newly Formed or
PROPERTY DAMAGE LIABILITY, 2. Acquired Organizations
Exclusions, j. Damage to Property,
Subparagraphs (3), (4) and (5) do SECTION 11 - WHO IS AN INSURED is
not apply to "property damage" to amended as follows:
the property of others described
therein. Subparagraph a. of Paragraph 4. is
hereby deleted and replaced by the fol-
With respect to the insurance provided by lowing:
this section of the endorsement, the fol-
lowing additional provisions apply: a. Insurance under this provision is af-
forded only until the 180th day after
a. The Limits of Insurance shown in the you acquire or form the organization
Declarations are replaced by the lim- or the end of the policy period,
its designated in Section B.Limits of whichever is earlier;
Insurance, 6. Voluntary Property
Damage and Care, Custody or 8. Waiver of Subrogation
Control Liability Coverage of this SECTION IV-COMMERCIAL GENERAL
endorsement with respect to cover- LIABILITY CONDITIONS, 9. Transfer of
age provided by this endorsement. Rights of Recovery Against Others to
These limits are inclusive of and not Us is hereby amended by the addition of
in addition to the limits being re- the following:
placed. The Limits of Insurance
shown in Section B. Limits of Insur- We waive any right of recovery we may
ance, 6. Voluntary Property Dam- have because of payments we make for
age and Care, Custody or Control injury or damage arising out of your on-
Liability Coverage of this endorse- going operations or "your work" done un-
ment fix the most we will pay in any der a written contract requiring such
one "occurrence" regardless of the waiver with that person or organization
number of: and included in the "products-completed
operations hazard". However, our rights
(1) Insureds; may only be waived prior to the "occur-
(2) Claims made or "suits" brought; for whicchiwerise to makethe payment undeury or r or Coverage Part. The insured must do
(3) Persons or organizations mak- nothing after a loss to impair our rights. At
ing claims or bringing "suits". our request,the insured will bring "suit" or
transfer those rights to us and help us
b. Deductible Clause enforce those rights.
(1) Our obligation to pay damages 9. Automatic Additional Insured - Speci-
on your behalf applies only to fied Relationships
the amount of damages for each
"occurrence" which are in ex- a. The following is hereby added to
cess of the deductible amount SECTION II-WHO IS AN INSURED:
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 10 of 16
(1) Any person or organization de- demolition operations
scribed in Paragraph 9.a.(2) performed by or on be-
below (hereinafter referred to as half of such additional
additional insured) whom you insured.
are required to add as an addi-
tional insured under this Cover- (b) Any person or organization
age Part by reason of: from which you lease
equipment with whom you
(a) A written contract or have agreed per Paragraph
agreement; or 9.a.(1) above to provide in-
surance. Such person(s) or
(b) An oral agreement organization(s) are in-
tract where a certificate of sureds, but only to the ex-
insurance showing that per- tent that the liability for
son or organization as an "bodily injury", "property
additional insured has been damage" or "personal and
issued, advertising injury" is caused
is an insured, provided: by your negligence, acts or
omissions in the mainte-
(a) The written or oral contract nance, operation or use of
or agreement is: equipment leased to you by
such person(s) or organiza-
1) Currently in effect or tions(s). However, this in-
becomes effective surance does not apply to
during the policy pe- any "occurrence" which
riod; and takes place after the
2) Executed prior to an equipment lease expires.
"occurrence" or offense (c) Any person or organization
to which this insurance (referred to below as ven-
would apply; and dor) with whom you have
(b) They are not specifically agreed per Paragraph
named as an additional in- 9.a.(1) above to provide in-
surance, but only with re-
spect under any other pro- to "bodily injury" or
vision of, or endorsement "property damage" arising
added to, this Coverage out of"your products" which
Part. are distributed or sold in the
(2) Only the following persons or regular course of the ven-
organizations are additional in- dor's business, subject to
sureds under this endorsement, the following additional ex-
and insurance coverage pro- clusions:
vided to such additional in- 1) The insurance afforded
sureds is limited as provided the vendor does not
herein:
apply to:
(a) The manager or lessor of a a) "Bodily injury" or
premises leased to you with "property damage"
whom you have agreed per for which the ven-
Paragraph 9.a.(1) above to dor is obligated to
provide insurance, but only pay damages by
with respect to liability aris- reason of the as-
ing out of the ownership, sumption of liabil-
maintenance or use of that
part of a premises leased to ity in a contract you, subject to the following agreement. This
additional exclusions: exclusion does not
apply to liability for
This insurance does not damages that the
apply to: vendor would
have in the ab-
1) Any "occurrence" sence of the con-
which takes place after tract or agree-
you cease to be a ten- ment;
ant in that premises.
2) Structural alterations,
new construction or
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 11 of 16
b) Any express war- employees or
ranty unauthorized anyone else act-
by you; ing on its behalf.
c) Any physical or 2) This insurance does
chemical change not apply to any in-
in the product sured person or or-
made intentionally ganization:
by the vendor; a) From whom you
d) Repackaging, ex- have acquired
cept when un- such products, or
packed solely for any ingredient,
the purpose of in- part or container,
spection, demon- entering into, ac-
stration, testing, or companying or
the substitution of containing such
parts under in- products; or
structions from the
manufacturer, and b) When liability in-
then repackaged cluded within the
in the original "products-
container; completed opera-
tions hazard" has
e) Any failure to been excluded
make such in- under this Cover-
spections, adjust- age Part with re-
ments, tests or spect to such
servicing as the products.
vendor has
agreed to make or (d) Any state or political subdi-
normally under- vision with which you have
takes to make in agreed per Paragraph
the usual course 9.a.(1) above to provide in-
of business, in surance, subject to the fol-
connection with lowing additional provision:
the distribution or This insurance applies only
sale of the prod- with respect to the following
ucts; hazards for which the state
f) Demonstration, in- or political subdivision has
stallation, servic- issued a permit in connec-
ing or repair op- tion with premises you own,
erations, except rent or control and to which
such operations this insurance applies:
performed at the 1) The existence, mainte-
vendor's premises nance, repair, con-
in connection with struction, erection, or
the sale of the removal of advertising
product; signs, awnings, cano-
g) Products which, pies, cellar entrances,
after distribution or coal holes, driveways,
sale by you, have manholes, marquees,
been labeled or hoist away openings,
relabeled or used sidewalk vaults, street
as a container, banners, or decora-
part or ingredient tions and similar expo-
of any other thing sures; or
or substance by or 2) The construction, erec-
for the vendor; or tion, or removal of ele-
h) "Bodily injury" or vators; or
"property damage" 3) The ownership, main-
arising out of the tenance, or use of any
negligence, acts elevators covered by
or omissions of this insurance.
the vendor, its
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 12 of 16
(e) Any state or political subdi- formed for that additional
vision with which you have insured by you or on your
agreed per Paragraph behalf. A person or organi-
9.a.(1) above to provide in- zation's status as an in-
surance, subject to the fol- sured under this provision
lowing provisions: of this endorsement contin-
ues for only the period of
1) This insurance applies time required by the written
only with respect to op- contract or agreement, but
erations performed by in no event beyond the ex-
you or on your behalf piration date of this Cover-
for which the state or age Part. If there is no writ-
political subdivision has ten contract or agreement,
issued a permit. or if no period of time is re-
2) This insurance does quired by the written con-
not apply to "bodily in- tract or agreement, a per-
jury", "property dam- son or organization's status
age" or "personal and as an insured under this
advertising injury" aris- endorsement ends when
ing out of operations your operations for that in-
performed for the state sured are completed.
or political subdivision. (3) Any insurance provided to an
(f) For "your work" performed additional insured designated
in Montana, any person or under Paragraph 9.a.(2):
organization with which you (a) Subparagraphs (e), (f) and
have agreed per Paragraph (g) do not apply to "bodily
9.a.(1) above to provide in- injury"or "property damage"
surance, but only to the included within the "prod-
extent that the liability is ucts-completed operations
caused by "your work" per- hazard";
formed for that additional
insured and only to the ex- (b) Subparagraphs (a), (d), (e)
tent that such liability is and (g) do not apply to
caused by your acts or "bodily injury", "property
omissions or the acts or damage" or "personal and
omissions of those acting advertising injury" arising
on your behalf. A person or out of the sole negligence
organization's status as an or willful misconduct of the
insured under this provision additional insured or its
of this endorsement contin- "employees";or
ues for only the period of
time required by the written (c) Subparagraph (f) and (g)
contract or agreement, but do not apply to "bodily in-
in no event beyond the ex- jury", "property damage" or
piration date of this Cover- "personal and advertising
age Part. If there is no writ- injury" arising out of:
ten contract or agreement, 1) The rendering of, or
or if no period of time is re- failure to render, any
quired by the written con- professional services
tract or agreement, a per- by you or on your be-
son or organization's status half, but only with ye-
as an insured under this spect to either or both
endorsement ends when of the following opera-
your operations for that in- tions:
sured are completed.
(g) For "your work" performed a) Providing engi-
in the "coverage territory" nearing, surveying
-
but not in Montana, any s r v e surveying
services to others;
person or organization with and
which you have agreed per
Paragraph 9.a.(1) above to b) Providing, or hiring
provide insurance, but only independent pro-
with respect to liability aris- fessionals to pro-
ing out of "your work" per- vide, engineering,
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 13 of 16
architectural or this Coverage Part. The limits of in-
surveying services surance are inclusive of and not in
in connection with addition to the limits of insurance
construction work shown in the Declarations.
you perform.
c. SECTION IV - COMMERCIAL GEN-
2) Subject to Paragraph ERAL LIABILITY CONDITIONS is
3) below, professional hereby amended as follows:
services include: (1) Condition 5. Other Insurance is
a) Preparing, ap- amended to include:
proving, or failing
to prepare or ap- (a) Where required by a written
prove, maps, shop contract or agreement, this
drawings, opin- insurance is primary and /
ions, reports, sur- or noncontributory as re-
veys, field orders, spects any other insurance
change orders, or policy issued to the addi-
drawings and tional insured, and such
specifications; and other insurance policy shall
be excess and/or noncon-
b) Supervisory or in- tributing, whichever applies,
spection activities with this insurance.
performed as part
of any related ar- (b) Any insurance provided by
chitectural or en- this endorsement shall be
gineering activi- primary to other insurance
ties. available to the additional
insured except:
3) Professional services
do not include services 1) As otherwise provided
within construction in SECTION IV -
means, methods, tech- COMMERCIAL GEN-
niques, sequences and ERAL LIABILITY
procedures employed CONDITIONS, 5. Other
by you in connection Insurance, b. Excess
with construction work Insurance; or
you perform. 2) For any other valid and
(d) Subparagraphs (f) and (g) collectible insurance
do not apply to "bodily in- available to the addi-
jury" or "property damage" tional insured as an
arising out of"your work"for additional insured by
which a consolidated (wrap- attachment of an en-
up) insurance program has dorsement to another
been provided by the prime insurance policy that is
contractor / project man- written on an excess
ager or owner of the con- basis. In such case, the
struction project in which coverage provided un-
you are involved. der this endorsement
shall also be excess.
b. Only with regard to insurance pro-
vided to an additional insured desig- (2) Condition 11. Conformance to
nated under Paragraph 9.a.(2) Sub- Specific Written Contract or
paragraphs (f) and (g) above, SEC- Agreement is hereby added:
TION III-LIMITS OF INSURANCE is 11. Conformance to Specific
amended to include: Written Contract or
The limits applicable to the additional Agreement
insured are those specified in the a. With respect to addi-
written contract or agreement or in tional insureds de-
the Declarations of this Coverage scribed in Paragraph
Part, whichever are less. If no limits 9.a.(2)(f) above only:
are specified in the written contract
or agreement, or if there is no written If a written contract or
contract or agreement, the limits ap- agreement between
plicable to the additional insured are you and the additional
those specified in the Declarations of insured specifies that
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 14 of 16
coverage for the addi- and where the limits or
tional insured: coverage provided to
the additional insured is
(1) Be provided by the more restrictive than
Insurance Serv- was specifically re-
ices Office addi- quired in that written
tional insured form contract or agreement,
number CG 32 87, the terms of Para-
CG 21 78 or CG graphs 9.a.(3)(a),
32 90; or 9.a.(3)(b) or 9.b.
(2) Include coverage above, or any combi-
for completed op- nation thereof, shall be
erations; or interpreted as providing
the limits or coverage
(3) Include coverage required by the terms
for"your work"; of the written contract
or agreement, but only
and where the limits or to the extent that such
coverage provided to limits or coverage is in-
the additional insured is cluded within the terms
more restrictive than of the Coverage Part to
was specifically re- which this endorse-
quired in that written ment is attached. If,
contract or agreement, however, the written
the terms of Para- contract or agreement
graphs 9.a.(3)(a) or specifies the Insurance
9.b. above, or any Services Office addi-
combination thereof, tional insured form
shall be interpreted as number CG 20 10 but
providing the limits or does not specify which
coverage required by edition, or specifies an
the terms of the written edition that does not
contract or agreement, exist, Paragraphs
but only to the extent 9.a.3.b. and 9.b. of this
that such limits or cov- endorsement shall not
erage is included within apply and Paragraph
the terms of the Cover- 9.a.(3)(a) of this en-
age Part to which this dorsement shall apply.
endorsement is at-
tached. 10. Broadened Contractual Liability -Work
b. With respect to addi-
Within 50'of Railroad Property
tional insureds de- It is hereby agreed that Paragraph f.(1) of
scribed in Paragraph Definition 12. "Insured contract" (SEC-
9.a.(2)(g)above only: TION V-DEFINITIONS)is deleted.
If a written contract or 11. Property Damage to Borrowed Equip-
agreement between ment
you and the additional
that a. The following is hereby added to Ex-
insured specifies that age for the a clusion j. Damage to Property of
coverage
nal insured: Paragraph 2., Exclusions of SEC-
TION I -COVERAGES, COVERAGE
a. Be provided by the A. BODILY INJURY AND PROP-
Insurance Serv- ERTY DAMAGE LIABILITY:
ices Office addi-
tional insured form Paragraphs (3) and (4) of this exclu-
number Cr 20 10 sion do not apply to tools or equip-
or CG 20 37 ment loaned to you, provided they
(where edition are not being used to perform opera-
specified); or tions at the time of loss.
b. Include coverage b. With respect to the insurance pro-
for completed op- vided by this section of the en-
erations; or dorsement, the following additional
provisions apply:
c. Include coverage
for "your work";
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 15 of 16
(1) The Limits of insurance shown reimburse us for such part
in the Declarations are replaced of the deductible amount as
by the limits designated in Sec- has been paid by us.
tion B. Limits of Insurance, 11.
of this endorsement with respect 12. Employees as Insureds - Specified
to coverage provided by this Health Care Services
endorsement. These limits are It is hereby agreed that Paragraph
inclusive of and not in addition to 2.a.(1)(d) of SECTION 11 - WHO IS AN
the limits being replaced. The INSURED, does not apply to your "em-
Limits of Insurance shown in ployees" who provide professional health
Section B. Limits of Insurance, care services on your behalf as duly li-
11. of this endorsement fix the censed:
most we will pay in any one oc-
currence" regardless of the a. Nurses;
number of:
(a) Insureds; b. Emergency Medical Technicians; or
(b) Claims made or "suits" c. Paramedics,
brought; or in the jurisdiction where an "occurrence"
or offense to which this insurance applies
(c) Persons or organizations takes place.
making claims or bring
"suits". 13. Broadened Notice of Occurrence
(2) Deductible Clause Paragraph a. of Condition 2. Duties in
the Event of Occurrence, Offense,
(a) Our obligation to pay dam- Claim or Suit (SECTION IV - COMMER-
ages on your behalf applies CIAL GENERAL LIABILITY CONDI-
only to the amount of dam- TIONS) is hereby deleted and replaced
ages for each "occurrence" by the following:
which are in excess of the
Deductible amount stated in a. You must see to it that we are noti-
Section B. Limits of Insur- fied as soon as practicable of an
ance, 11. of this endorse- "occurrence" or an offense which
ment. The limits of insur- may result in a claim. To the extent
ance will not be reduced by possible, notice should include:
the application of such De- (1) How, when and where the "oc-
ductible amount. currence" or offense took place;
(b) Condition 2. Duties in the (2) The names and addresses of
Event of Occurrence, Of- any injured persons and wit-
fense, Claim or Suit, ap- nesses; and
plies to each claim or suit
irrespective of the amount. (3) The nature and location of any
(c) We may pay any part or all injury or damage arising out of
of the deductible amount to the "occurrence" or offense.
effect settlement of any This requirement applies only when
q pp Y
claim or "suit" and, upon the "occurrence" or offense is known
notification of the action to an "authorized representative".
taken, you shall promptly
Includes copyrighted material of Insurance
GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 16 of 16