HomeMy WebLinkAbout17- Impact Fee Payment Agreement - NHB, LLC - Babcock and Ferguson Intersection Improvements G 9'�
eV;r;N' o��t;<
co.
CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT
THIS AGREEMENT is made and entered into this day day of lr , 2017,
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, NHB LLC hereinafter referred to as "Developer" with a
mailing address of PO Box 11530, Bozeman, MT 59719.
WHEREAS, the Developer desires to complete certain public transportation system
improvements to benefit its development project and the City desires to make available
transportation impact fees to the Developer to assist in paying a portion of the costs of the
improvements; and
WHEREAS, the improvements include design and construction of a traffic signal at the
West Babcock Street and Ferguson Avenue intersection and other related street improvements;
and
WHEREAS, the City's contribution of impact fees to the Developer must comply with
Sections 2.06.1600 through 2.06.1700, Bozeman Municipal Code; and
WHEREAS, the City has included the improvements in the City's Capital Improvement
Plan; and
WHEREAS,the City and the Developer desire to set forth the terms of their agreement in
writing.
NOW THEREFORE, 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. Incorporation: The foregoing recitals of this Agreement are contractual and are hereby
incorporated by reference.
Page 1 of 6
2. The Project: The construction of improvements (the "Project") consists of installation of
traffic signal at the West Babcock Street and Ferguson Avenue intersection and associated
street improvements as shown on the Approved Plans and Specifications attached as
Exhibit 1.
3. Contracts for Design and Construction of Project: The Developer must retain a licensed
professional engineer to provide construction inspection and oversight services for the
Project and retain a licensed and qualified contractor to construct the Project. The
Developer is solely responsible for selection and hiring of the engineer and contractor.
4. Estimated Project Cost and Allocation: The Developer's estimate of the cost of the Project
is $960,717.00 ("Estimated Project Costs"). An itemization of Estimated Project Costs
provided by the Developer is attached as Exhibit 2. The payment by the City of impact
fees will not be based on Estimated Project Costs;rather,payment by the City will be based
on the actual costs of construction of the Project as determined by invoices for material and
labor and other evidence("Actual Project Costs").
For purposes of this Agreement,to establish an understanding between the parties' of each
party's Estimated Project Costs prior to construction and prior to a determination of Actual
Project Costs,the City and the Developer agree to allocate the Estimated Project Costs as
follows:
Estimated Developer Costs: $192,143.40
Estimated City Costs: $768,573.60
TOTAL: $960,717.00
5. Allocation of Actual Project Costs: The Actual Project Costs may be less than or more
than Estimated Project Costs. As such, the Developer and the City agree:
a. The Actual Project Costs will be allocated as follows: no more than 80% of
Actual Project Costs are allocated to and must be paid by the City with the
remainder of Actual Project Costs allocated to and must be be paid by the
Developer. Notwithstanding the above, the City will pay no more than
$800,000.00 in Actual Project Costs should the allocation of Actual Project
Costs between the parties exceed the allocation of Estimated Project Costs
between the parties as shown in Section 4. As such, if the Actual Project Costs,
as determined by the City based on invoices and other evidence and accepted
by the City, are less than originally estimated, (a)the City will pay 80% of the
amount of Actual Project Costs up to but not to exceed$800,000.00 and(b)the
Developer will pay the 20% of the amount of Actual Project Costs incurred
Page 2 of 6
including any amount in excess of the City's maximum contribution of
$800,000.00.
6. Project Reimbursement/Inspection/Payment: The City will reimburse the Developer for
the City's portion of the Actual Project Costs only after construction of the Project has been
completed, the Project has been accepted by the City, and Actual Project Costs (including
evidence of those costs) is provided to the City. As such:
a. The City may inspect the Project at reasonable times and the Developer must
not interfere with such inspections.
b. The City will only accept the construction of the improvements upon receipt by
the City of(a) certification by the Developer's licensed professional engineer
that the Project is complete in accordance with the Approved. Plans, and (b)
evidence of the Actual Project Costs have been delivered to and accepted by the
City.
c. The City will pay the Developer, by single check, the City's portion of the
Project's costs no later than thirty(30) days following the City's determination
the requirements of this Agreement are satisfied.
7. Amendment and Waiver: This Agreement may only be amended or modified by a written
agreement signed by the City and the Developer. No waiver by any party hereto of any
provision or breach of,or default under,this Agreement shall be deemed to have been made
unless the same is in writing and signed and delivered by the party charged with making
the waiver, and no waiver of any provision or breach of, or default under, this Agreement
shall be deemed a waiver of any other provision or breach of, or default under, this
Agreement.
8. Representations and Warranties: Each party represents and warrants to the other that:
a. Execution of this Agreement does not violate any agreement, bylaw, statute or
ordinance binding on or applicable to such party; and
b. The individual executing this Agreement on behalf of the party is duly
authorized and empowered to execute this Agreement for the party, and
following execution and delivery by both parties this Agreement will be a
legally binding obligation of the party, enforceable against the party in
accordance with its terms.
9. Choice of Law and Venue: This Agreement shall be governed by, and interpreted under,
Montana Law, without regard to conflict of law principles. Mandatory and exclusive
Page 3 of 6
s
x
jurisdiction for any dispute shall be in the Eighteenth Judicial District Court, Gallatin
County, Montana.
10. Severability: Each provision of this Agreement shall be considered severable and if for
any reason any provision which is not essential to the effectuation of the basic intent of this
Agreement is determined to be invalid, such invalidity shall not impair the operation of or
effect those provisions of this Agreement which are valid.
Dated this day of4, , 2017
NHB LLC
By: gamin E. stler, Manager
Dated this 3 day of , 2017
CITY OF BOZEMAN
By: Chuck Winn, Acting City Manager
Page 4 of 6
I
�. y d ¢ f
iT
�o�S '� ]Y��t II 1 ,1 I_ - a•j;l_m_.. _� —_.M i-� i
4 -
R ?�'fl•o 11 I I -- � I 4 4 ���` y l I �
ail, P. J
---. - --
u
._
.......... .. U -; _ - O
f oil
• , i
g .
' E
I' a t ij�g
I '
94
It
m
cn s s I
1 a_ y09
41
�u•om•eer —
I �
. ..
r�Ro ,—nrra 01,lsq} f 1c,
�—T-
{ L Cp it ,9 i fiuBD Il ION PFiA II `I F 0 I
CF •3 °sgc 1 s 1 o {g o y I f�a4L yF 9h€c
N 1 .1 I R I ��IBOdO
Q 0 Y
�poy ! 1 �I. 1_I_ I LJo
o ���;
I�IT �I lirl rT-� ..._
ji
FERGUSON AND WEST' BABCOCK GRADING PLAN
ROADWAY INTERS=ON
W vNg
. PUERSECUON IMPROVEMENTS AND DETARS OVERHEAD �„ a. �. C $a r
-I op
OF BOZEMAN,GALATIN COUNTY,MONTANA SIGNAGE �.•� �m s s'•u �r �Da w'
�9,Id,G.4„GLCf..E.F,$GUSON.INTERSEC7ION IMPROVEMENTS PUBLIC IMPROVEMENTS QUANTITY TAKEOFF 03/Z3/17
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
STORM SEWER
1-1 RELOCATE/RETROFIT STORM INLET(BABCOCK) 2 EA $4,400.00 $8,800
1-2 EXTEND 15"RCP STORM WATER PIPE TO RELOCATED INLETS 10 LF $165,00 $1,650
1-3 22.5"X36"RCP ARCH PIPE 10 LF $220.00 $2,200
1-4 72"DIA STORM MANHOLE(REPLACE EXISTING) 1 EA $12,000.00 $12 000
1-5 EXTEND STORM MANHOLE TO FINAL GRADE 4 EA $330.DD $1 320
1-6 36"RCP FETS _ _ 1 EA $220.00 $220
1-7 ARMOR DITCH BANK W/RIP RAP SURROUNDNG INLET 1 LS $3,300,00 $3,300
SUBTOTAL $29,490
STREET IMPROVEMENTS
2-1 DEMO EXISTING CURB 1,294 LF $7.70 $9,964
2-2 DEMO_EXISTING CURB FILLETS 4 EA $SSO.0D $2,200
2-3 DEMO EXISTING ADA RAMPS S „EA,,,, $302.50 $1 815
2-4 DEMO EXISTING SIDEWALK 600 SF $2.75 $1,650
2-5 DEMO EXISTING ASPHALT 9,415 SF $3.30 $31,070
2-6 DEMO DOUBLE GUTTER(WEST SIDE OF FERGUSON) 1 LS $1,100.00 $1,100
2-7 DEMO EXISTING STREET LIGHT 1 EA $814.00 $814
2-8 STRIP TOPSOIL(ASSUMES 3 FT DEPTH) 1,959 CY $12.10 $23,701
2-9 1 Yk"MINUS CRUSHED BASE COURSE(&-THICK COMPACTED) 326 CY $35.20 $11,491
2-10 6"MINUS PIT RUN MATERIAL(18"THICK COMPACTED.' 979 CY $29.70 $29,088
2-11 HOT PLANT MIX ASPHALT CONCRETE(4"THICK COMPACTED) 264 TONS $93.52 $24 650
2-12 GEOTEXTILE ROAD FABRIC 17 624 SF $0.55 9 69fi
2.13 CURB&GUTTER 1,294 LF $18.15 $23,406
2-14 REGRADE/REPAVE INTERSECTION_ 1 LS $9,900.00 $9,90D
2-15 PATCH FAILING PAVEMENT IN INTERSECTION 1 LS $2,750.00 $2 750
2-16 CONCRETE FILLETS/INTERSECTION DOUBLE GUTTER 1 LS $4 950.00 $4 950
2-17 CONCRETE FILLET 4 EA $3,B50.00 $15,400
2-18 PEDESTRIAN RAMPS W/CAST IRON DETECTABLE PAD(SINGLE; 8 _ EA $1 100.00 $8 800
2-19 SIDEWALK-5'WIDE 6"THICK 850 SF $8.25 $7,013
2-2.0_ NEW MAILBOX PAD(6'X 3 X 4 THICK) 18 SF $22.00 $396
2-21
2-23 INSTALL 4"SLEEVE UNDER SIDEWALK(LENGTHS VARY) 80 LF $22 00"'-- ....�. ,760 0
2-22 EXTEND VALVE,UTILITY,MONUMENT BOXES TO FINAL GRADE 5 EA $330.0 $1,650
SUBTOTAL $223,893
STRIPING AND SIGNAGE
3-1 DEMO EXISTING CENTERLINE STRIPE(LF COMBINES BOTH LINES- 1,09D LF $2.42 $2 638
3-2-- DEMO EXISTING SHOULDER STRIPES 2,074 LF $1.16 $2,395
3-3 DEMO EXISTING STOP BARISHARK TEETH 3 EA $495.00 $1,485
3-4 DEMO EXISTIN_GTYOE B_(LADDER)CROSSWALK 1 EA $1,595.00 $1,59S
3-5 THERMOPLASTIC LEFT ONLY STRIPE 333 LF $11.77 $3,919
3-6 EPDXY SHOULDER STRIPING 2,092 LF $1.21 $2,531
3-7 EPDXY CENTERLINE STRIPES(LF COMBINES BOTH LINES; 1,800 LF $2.42 $4 356
3-8 THERMOPLASTIC YELLOW TAPER STRIPE(WIDTH VARIES,SEE PLANS; 350 LF $32.78 $11,473
3-9 THERMOPLASTIC TURN SYMBOL(LEFT W/ON YID 3 EA $1,078.00 $3,234
3-10_ THERMOPLASTIC TURN SYMBOL STRAIGHT/RIGHT COMBO) 3 EA $759.00 $2 277
3-11 THERMOPLASTIC CROSSWALKS(TYPE A;COB STD DWG 02581-1) 2 EA $2,101.00 $4,202
3-12 THERMOPLASTIC CROSSWALKS(TYPE B;COB STD DWG 02581-2) 1 EA $4,620.00 $4 620
3-13 THERMOPLASTIC BIKE LANE SYMBOL AND ARROW 10 EA $396.00 $3,960
3-14 REMOVE AND RESET TRAFFIC CONTROL AND BIKE LANE SIGNS 18 EA $764.50 $13,761
3-15 TRAFFIC SIGNALS(INCLUDE ALL POSTS,UTILITIES,CONDUIT,ETC. 1 LS $238 492.14 $238 492
3-16 CURB PAINT I LS $6,262.96 $6 263
3-17 SIGNS 1 LS $2,200.00 $2,200
SUBTOTAL $309,402
LABOR&MATERIALS SUBTOTAL: $562 786
MISCELLANEOUS
4-1 MOBILIZATION 5.0% $28,139
4-2 EROSION CONTROL MEASURES 2% $11 2S6
4-3 CONSTRUCTION TR_A_FFIC CONTROL 2% $11,256
4-4 PRIVATE UTILITIES RELOCATION CONTINGENCE 1% $5 628
4-5 LANDSCAPING 3% $14 070
SUBTOTAL $70,348
CONSTRUCTION SUBTOTAL: 533,130.
PROFESSIONAL SERVICES
5-1 GC PROJECT OVERSIGHT 15.0% $94,970
5-2 --"vROIE(.T FINANCING FEES&OWNER BONDING OBLIGATION'- 6.0% $37,988
5-3 BONDING(Pertomance&Maintenance) 6.0% $37,908 '..
5-4 ENGINEERING,SURVEYING,PERMITTING,CA 13.5% $85,473 '..
SUBTOTAL $256,419 '..
PUBLIC IMPROVEMENTS TOTAL: $889,553 '..
8%CONTINGENCY: $71,164 '..
PUBLIC;IMPROVEMENTS GRAND TOTAL- , -_' $960,717
CITY SHARE(SD%): $768,574
PRIVATE SHARE(20%): $192,143 '..
FINANCIAL GUARANTEE 150%: $288,215
NOTES:
1)ASPHALT AND EARTHWORK VOLUMES ARE COMPACTED IN PLACE. '..
2)QUANTITY TAKEOFF IS FOR CONTRACTOR CONVENIENCE•BID PER APPROVED PLANS
Exhibit i
Construction Proposal
(attached)
i
i
i
Page 5 of 6
h,
Exhibit 2
Anticipated Project Costs
(attached)
i
i
i
9
S
1
i
Page 6 of 6
f'.
i.
i
Y
A
}
S'