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Payment and Repayment Agreement for Westside Construction Project
THIS AGREEMENT is made and entered into this 20th day of March, 2017, between
Flanders Mill LLC (Flanders Mill)whose address is 235 Green Hills Ranch Road,Bozeman, MT
59718 and the City of Bozeman(City),a self-governing municipal corporation, whose address is
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P.O. Box 1230,Bozeman,MT 59771.
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RECITALS `
Whereas,Flanders Mill received approval on July 7,2014 for a preliminary plat for a seven
phase 295 lot major subdivision for property legally described as Tract 1, Certificate of Survey
2834, Gallatin County for the purpose of creating a development known as Flanders Mill (herein
referred to as the"Subdivision"); and
Whereas,Flanders Mill desires in fulfillment of its requirements under the Findings of Fact
and Order for the Subdivision to enter into this agreement with the City for the purpose of
constructing or providing the financial means to defer certain off-site infrastructure including
improvements to what is referred to as the "Flanders Mill Project": (i) its proportional share of y
public infrastructure related to Flanders Mill Road, a local street, adjacent to Phase 3 of the
Subdivision; (ii) its proportional share of public infrastructure related to Flanders Mill Road
adjacent to Phases 6 and 7 of the Subdivision; and (iii) its proportional share of public
infrastructure related to Ferguson Avenue, a collector road, along Phases 4 and 5 of the
Subdivision; and
Whereas, concurrent with Flanders Mill's construction of the Flanders Mill Project, the
City desires to provide for completion of the "City Project" which includes: (i) public
Payment and Repayment Agreement for Westside Construction Project
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infrastructure improvements to Oak Street between Ferguson Avenue and New Holland Avenue
including land adjacent to real property owned by Gallatin County, known as the Gallatin County
Regional Park; (ii)public infrastructure improvements to the intersection of Davis Lane and Oak
Street and the intersection of Oak Street and Ferguson Avenue; (iii) public infrastructure
improvements to Flanders Mill Road adjacent to the Bozeman Sports Park and property owned by
the Bozeman School District 7;and(iv)public infrastructure improvements for the non-local share
of Ferguson adjacent to the Gallatin County Regional Park; and
Whereas, the City requested and Flanders Mill, with a full understanding of its risks and
liabilities, agrees to contract for and oversee construction of the City Project and the Flanders Mill
Project(collectively referred to as the"Westside Project"); and
Whereas,the City and Flanders Mill desire to enter into this agreement to provide the terms
and conditions for the City to pay Flanders Mill for costs associated with the City Project and to
establish terms and conditions for Flanders Mill to defer certain required public improvements
associated with the Subdivision.
AGREEMENT
Now therefore, in consideration of the mutual promises, terms and provisions of this
agreement,Flanders Mill and City agree to the terms and provisions set forth below:
1. Recitals: The above recitals are incorporated herein.
2. Purposes: This Agreement provides the terms and conditions for the City to pay Flanders
Mill for costs of construction, construction administration and inspection,material testing,
as-built preparation and project close-out for the Westside Project as provided herein.
Notwithstanding the provisions of this Agreement, this Agreement also establishes an
understanding between the parties that the City Commission may, in addition to the
provisions of this Agreement and in its sole discretion, create one or more public
improvement payback districts (PIPD) for the Flanders Mill Project. Again,
notwithstanding the provisions of this Agreement, if the City creates such PIPD and
authorizes deferral of any portion of the Flanders Mill Project, Flanders Mill agrees and
consents that prior to final plat approval for a phase it must make a cash payment to the
City for its proportional share of the public infrastructure improvements deferred by
Flanders Mill and for which the City will have paid for construction all as provided for in
the PIPD and this Agreement. Flanders Mills agrees the amount of the cash payment will
be established pursuant to the PIPD and this Agreement.
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3. Definitions:
a. Local Share: Local Share means costs associated with public infrastructure
improvements outside the boundaries of the Subdivision, required by the City for
the Subdivision pursuant to the Bozeman Municipal Code and findings of fact and
order for the Subdivision, which are not to be paid by the City, and which are
directly attributable to the impacts of the Subdivision on the community. Local
Share is the amount of each Segment for which Flanders Mill agrees to pay under
this Agreement.
b. Segment: Segment means a length of street,avenue,or lane and includes all public
infrastructure necessary for construction of such street, avenue, or lane, as well as j
all other public infrastructure to be constructed within or adjacent to such street,
avenue,or lane including but not limited to sidewalks and pedestrian paths, sewer,
water, and stormwater infrastructure, lighting, landscaping (including grass,
irrigation,and trees), and any other infrastructure listed on an exhibit referenced in
this Agreement. s
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4. Westside Project:
a. City Project: Flanders Mill recognizes the City Project is defined herein for
purposes of this Agreement only and that other non-City entities may be responsible
for the payment of costs to the City for Segments or portions of Segments included
in the City Project. As such, for purposes of the City's obligations under this
Agreement only, the City Project specifically includes the following Segments as
shown on Exhibit A,with costs as shown on other exhibits included herein, and as
particularly described below but does not include any public infrastructure included
in the Flanders Mill Project:
i. Oak Street Segment: The City Project includes certain public infrastructure
improvements to Oak Street between New Holland Drive and Ferguson -
Avenue including those listed on Exhibit B and including improvements to
the intersection of Oak Street and Davis Lane and the intersection of Oak
Street and Ferguson Avenue. The total cost for these improvements is
$3,715,674.80 (three million seven hundred fifteen thousand six hundred
seventy four dollars and eighty cents). The parties agree that for this
Segment to be included in the City Project the City's Representative must
notify Flanders Mill's Representative that all right of way necessary for the
construction of this Segment has been obtained by the City.
ii. Eastern portion and collector portion of Ferguson Avenue between Oak
Street and Baxter Lane Segment: The City Project includes certain public
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infrastructure improvements to Ferguson Avenue between Oak Street and
Baxter Lane including those listed on Exhibit C but excluding that portion
of this Segment included in the Flanders Mill Project. The City's share of
the total cost of these improvements is$714,685.00(seven hundred fourteen
thousand six hundred eighty five dollars and zero cents).
iii. West side of Flanders Mill Road between Oak Street and Baxter Lane
Segment: The City Project includes certain public infrastructure
improvements to Flanders Mill Road between Oak Street and Baxter Lane
including those listed on Exhibit D but excluding that portion of the
Segment included in the Flanders Mill Project. The City's share of the total
cost of these improvements is $513,340.00 (five hundred thirteen thousand
three hundred forty dollars and zero cents).
iv. West side of Flanders Mill Road between Sunstone Drive and Oak Street
Segment: The City Project includes certain public infrastructure
improvements to the west side of Flanders Mill Road between Sunstone
Drive and Oak Street including those listed on Exhibit E but excluding that
portion of the Segment included in the Flanders Mill Project. The City's
share of the total cost of these improvements is $304,771.00 (three hundred
four thousand seven hundred seventy one dollars and zero cents).
The costs of the City Project must be paid by the City to Flanders Mill as provided
in this Agreement.
b. Flanders Mill Project: The Flanders Mill Project includes the following Segments
as shown on Exhibit A, with costs as shown on other exhibits, and as particularly
described below but does not include any public infrastructure included in the City
Project:
i. Flanders Mill's Local Share of public infrastructure related to the Segment
known as the East side of Flanders Mill Road between Sunstone Drive and
Oak Street: The Flanders Mill Project includes its Local Share of public
infrastructure for the East side of Flanders Mill Road adjacent to phase 3 of
the Subdivision as such is shown on the phasing plan for the Subdivision
attached as Exhibit I. Flanders Mill's Local Share of the total cost of these
improvements is $304,771.00 (three hundred four thousand seven hundred
seventy one dollars and zero cents) as shown on Exhibit F.
ii. Flanders Mill's Local Share of public infrastructure related to the Segment
known as the West side of Ferguson between Oak Street and Baxter Lane
as such are adjacent to phases four (4) and five (5) of the Subdivision as
such is shown on the phasing plan for the Subdivision attached as Exhibit I.
Flanders Mill's Local Share of the total cost of these improvements is
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$401,390.00 (four hundred one thousand three hundred ninety dollars and
zero cents)as shown on Exhibit G.
iii. Flanders Mill Local Share of public infrastructure related to the Segment
known as the East side of Flanders Mill between Oak Street and Baxter
Lane as such are adjacent to phases six(6) and seven(7)of the Subdivision
as shown on Exhibit 1. Flanders Mill's Local Share of the total cost of these
improvements is $558,726.00 (five hundred fifty eight thousand seven
hundred twenty six dollars and zero cents) as shown on Exhibit H..
Except as provided for in Section 5 of this Agreement, Flanders Mill is obligated
to pay the above amounts for each of the Segments included in the Flanders Mill
Project to its contractors, engineers, subcontractors, or others as may be required
by an agreement between Flanders Mill and any other entity. Except as may be
provided for in Section 5 of this Agreement the City shall have no obligation to pay
or reimburse any entity for the costs associated with any Segment of the Flanders
Mill Project. k
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c. Street Lighting/Addition to Lighting District No. 730: a'
i. The parties recognize the installation of certain street lighting infrastructure
is necessary to complete the Westside Project.The parties agree the specific
components to be installed may not listed on any exhibit attached hereto but
are included hi the costs of each of the parties' respective Segments.
Flanders Mill must require its contractor(s) to install all street lighting (as °
such lighting is approved by the City be in conformance with the approved
comprehensive lighting plan) in its agreements with its contractors. The
street lights to be installed by Flanders Mill as part of the Westside Project
include: On Ferguson Avenue as shown in the design for Ferguson Avenue
as approved by the City: ten(10) street lights.
ii. Flanders Mill must petition the City to amend Lighting District No.730 to
include the maintenance and assessment of all street lighting for all phases
of the Subdivision and to specifically include the above lighting to be
installed as part of the Westside Project.The petition must include all future
street and intersection lighting that may be required to be installed on local
streets within the Subdivision. The petition must be submitted to the City
no later than Flanders Mill's submission of an application for final plat
approval for Phase 3 of the Subdivision and include the comprehensive
lighting plan for all surrounding streets and intersections as required by the
findings of fact and order for the Subdivision. If lighting must be installed
for a phase of the Subdivision in addition to the lighting described in
subsection(i)of this Section the responsibility for the costs of such lighting
is to be borne solely by Flanders Mill.
Payment and Repayment Agreement for Westside Construction Project
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5. Payback to the City for the City's Payment of Certain Public Improvements: The City
agrees to pay Flanders Mill's Local Share for certain Segments of the Flanders Mill Project
and Flanders Mill agrees to reimburse the City for the City's payments. The City's
agreement to pay for the Local Share of certain Segments of the Flanders Mill Project in
no way abrogates the City's authority to create PIPDs for any Segment included in the
Flanders Mill Project and for which the City herein agrees to pay Flanders Mill's Local
Share. The parties agree the City will pay the Local Share for certain Segments included
within the Flanders Mill Project only on the condition Flanders Mill reimburses the City
for Flanders Mill's Local Share of such Segments as provided for in this Section.
a. Segments Subject to Reimbursement. The parties agree reimbursement to the City
is required for the Segments and amounts listed in this subsection and the City may
create a PIPD for the same:
i. Flanders Mill Local Share of public infrastructure related to the Segment
known as the West side of Ferguson between Oak Street and Baxter Lane
as such are adjacent to phases four (4) and five (5) of the Subdivision as
such phases are shown on Exhibit I. Flanders Mill must reimburse the City
$401,390.00 (four hundred one thousand three hundred ninety dollars and
zero cents) as these costs are shown on Exhibit G; and the City may direct
such reimbursement to the arterial and collector fund or the street impact
fee fund; and
ii. Flanders Mill Local Share of public infrastructure related to the Segment
known as the East side of Flanders Mill Road between Oak Street and
Baxter Lane as such are adjacent to phases six (6) and seven (7) of the
Subdivision as these phases are shown on Exhibit I. Flanders Mill must
reimburse the City $558,726.00 (five hundred fifty eight thousand seven
hundred twenty six dollars and zero cents)as such costs are shown on
Exhibit H and the City may direct such reimbursement to the Trails, Open
Space, and Parks Fund.
b. Reimbursement Amounts. Flanders Mill agrees to make repayment for the costs of
a Segment identified in this Section at the time of its submission of an application
for final plat approval of a phase of the Subdivision that is adjacent to the above
Segments. Notwithstanding the above, Flanders Mill must make repayment for its
Local Share of all Segments and street lighting of the Flanders Mill Project for
which the City has paid funds for construction no later than three(3)years after the
date of the completion of the work in each Segment of this Agreement.
c. Amount of Repayment. The amount of principal repayment Flanders Mill must
make to the City for Flanders Mill's Local Share of a Segment is as follows:
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1. Segment known as the West side of Ferguson Avenue from Oak
Street to Baxter Lane adjacent to phases four (4) and five (5) of the
Subdivision:
a. $221,890.78 (two hundred twenty one thousand eight
hundred ninety dollars and seventy eight cents) for phase 4;
and
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b. $179,569.22 (one hundred seventy nine thousand five
hundred sixty nine dollars and twenty two cents) for phase
5.
2. Segment known as the East Side of Flanders Mill Road from Oak
Street to Baxter Lane adjacent to phases six(6) and seven(7)of the
Subdivision:
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a. $304,759.63 (three hundred four thousand seven hundred
fifty nine dollars and sixty three cents for phase 6; and
b. $253,966.37 (two hundred fifty three thousand nine
hundred sixty six dollars and thirty seven cents)for phase
7.
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The amount of repayment listed above which is required prior to Flanders Mill
obtaining final plat of a phase of the Subdivision adjacent to a Segment subject to
repayment to the City is determined by taking the total amount of Flanders Mill E
share of a Segment and dividing that amount by the total number of lots included
in all phases that front on a Segment. This establishes a per lot fee for
reimbursement. Then,the amount of repayment required for a phase is determined
by the total number of lots in that phase multiplied by the per lot fee.
d. Promissory Notes) and Liens.
i. If required by the City, prior to the payment by the City of any funds for
Flanders Mill's Local Share of a Segment of the Flanders Mill Project,
Flanders Mill,and Flanders Mill on behalf of its members,agrees that each
and all of its members must execute such instruments or documents,
including but not limited to promissory notes, as may be required by the
City,evidencing Flanders Mill's obligations under this Section. In addition,
Flanders Mill agrees the City may place a payment lien on the real property
where the Subdivision has been approved recognizing Flanders Mill's
obligation to repay the City. Upon payment in full by Flanders Mill to the
City for a Segment of the Flanders Mill Project for which the City has paid
for construction, the City agrees to release any such lien but only for that
portion of the real property for the phase(s) of the Subdivision that front on
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a Segment for which Flanders Mill has made payment. If any lien is filed,
upon repayment the City must execute and record applicable lien releases
at the time final plat for a phase subject to reimbursement and under lien is
recorded.
e. Interest. Flanders Mill repayment to the City for its Local Share for each of the
Segments listed in this Section must include payment of interest calculated at 2.5%
per annum beginning from the time the City has completed payment for
construction of each Segment until such time as Flanders Mill makes repayment in
full for a Segment. Partial payments for the above may be made according to a
payment schedule approved by the Bozeman City Manager.
f. Waiver of Final Plat Approval/Claims. Flanders Mill hereby voluntarily and
knowingly waives its right to obtain final plat approval for any phase of the
Subdivision that fronts on a Segment included in the Flanders Mill Project and
listed in subsection (c) of this Section until payment is made in full to the City for
such Segment.In addition,Flanders Mill waives its rights to bring any claim of any
nature including a claim pursuant to Sect. 76-3-625, MCA, against the City, its
officers or agents, for any action of the City in rejecting an application by Flanders
Mill for final plat but only as such claims may be related to the City's rejection of
a final plat for Flanders Mill's nonpayment of Flanders Mill's payment obligations
included in this Section.
6. Agreement not Entitlement:Nothing in this Agreement may be construed to grant Flanders
Mill an entitlement to final plat approval for any phase of the Subdivision. Flanders Mill
agrees all other conditions of approval including in the findings of fact and order for the
Subdivision and all requirements of the Bozeman Municipal Code must be met in addition
to payment by Flanders Mill of the reimbursement amounts specified in section 5 of this
Agreement for the City to approve final plat for a phase of the Subdivision.
7. City Approval of Design and Construction Documents/Costs: Prior to making any
payments to Flanders Mill for the City's Project, the City must approve the design and
construction documents for all Segments other than Oak Street Segment from New Holland
to Ferguson Avenue. In addition, Flanders Mill must provide the City complete record
drawings showing all installed infrastructure for all Segments other than Oak Street from
New Holland to Ferguson Avenue. The costs of design and construction oversight for all
Segments other than Oak Street from New Holland to Ferguson Avenue are included in the
parties' respective costs for each Segments as provided for in Section 4 of this Agreement.
The City will pay all costs associated with design and oversight of construction of Oak
Street from New Holland to Ferguson directly to its engineers and such costs are not
included in this Agreement.
8. Construction Schedule and Coordination:
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a. Prior to commencement of construction, Flanders Mill must require its contractor
to schedule pre-construction meetings with City Engineering Division to coordinate
all construction activities.
b. Flanders Mill must require its contractor to comply with all reasonable directives
of the City regarding timing and coordination of construction activities.
c. Construction may not unreasonably be delayed.
d. Prior to or at the preconstruction conference, the Flanders Mill must cause its
contractor to provide the City's Representative the following schedules:
i. A practicable construction progress schedule showing the order,timing,and
progress in which the contractor proposes to prosecute the work. This
schedule shall be in Bar Graph, CPM or PERT format. The schedule shall
be updated and re-submitted as required by the City's Representative to
reflect payment schedule showing the anticipated amount of each of the
City's monthly payment that will become due the contractor in accordance
with the construction progress schedule.
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ii. A traffic control plan detailing the methods and means of controlling traffic
for the specific conditions involved with each construction schedule.
e. The Contractor shall limit working hours to 7:00 a.m.to 7:00 p.m.,Monday through
Friday. No work shall be done outside of these hours unless specifically approved I'
by the City's Representative.
£ Construction of the entirety of the Westside Project must be completed and for
Segments included within the City Project such construction must be accepted by
the City no later than November 1,2017.Flanders Mill must require,in its contracts
with its contractors and engineers, that construction be completed by the above
date. The parties' representatives may agree in writing to allow components of any
Segment to be delayed beyond November 1,2017.
9. Dedication of Improvements/Warranty:Flanders Mill agrees it will upon acceptance by the
City of improvements completed under this Agreement for any Segment of the City Project
or any Segment of the Flanders Mill Project dedicate said improvements to the City
pursuant to City requirements including 38.39.050, Bozeman Municipal Code. Flanders
Mill must require its contractor to provide the City a warranty on all improvements as
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required by 38.39.100, BMC, and section C.9 of the City of Bozeman Plans and
Specifications Review Policy.
10. Conditions for City to Pay Flanders Mill:Upon certification on a monthly basis by Flanders
Mill's licensed professional engineer that the work contemplated has been completed in
accordance with the approved plans and specifications the City shall,upon Flanders Mill's
submission of invoices to the City's Engineering Division,pay the actual costs of the work
as determined by the City within 30 (thirty) calendar days of the City's receipt.
Notwithstanding the above, the City will retain 5% of the invoice amounts until the City
accepts all work related to the City Project and Flanders Mill Project. As such,prior to the
City paying the final amount on any invoices, the work must be accepted by the City
(including Flanders Mill's engineer and contractor submitting and the City accepting a
signed certificate of completion and acceptance to the City). After completion of the City
Project, the City may request a review of all costs of the City Projects and Flanders Mill
agrees to provide any documentation and information requested by the City in fulfillment
of the City's review. Flanders Mill agrees that should the cost of any portion of the City's
Project be determined to be below any amount previously paid by the City, Flanders Mill
will reimburse the City for such costs.
11. Change Orders: Should the parties at any time during construction of the Westside Project
desire a change to any Segment of the Westside Project or should the City require such
change Flanders Mill agrees the City's Representative, in consultation with the Flanders
Mill Representative, will determine whether such change is a component of the Flanders
Mill Project or the City Project. All costs and expenses of the work conducted pursuant to
any such change order will be borne by Flanders Mill if the Segment subject to change
order is included in the Flanders Mill Project and by the City if the Segment subject to
change order is included in the City Project. If the costs of any change order exceed a
parry's respective costs for the Segment as included herein the parties must enter into an
addendum to this Agreement describing any such change order prior to the City making
payment on any change order.
12. Subcontractors: By appropriate written agreement, Flanders Mill must require its
contractor to require each Subcontractor, to the extent of the work to be performed by a
subcontractor,to be bound by terms of this Agreement.
13. Performance and Payment Bonds: Flanders Mill must require its contractor to provide
performance and payment bonds to it for completion of all components of the City Project
meeting all statutory requirements of the State of Montana, in form and substance and,
without limitation, complying with the following specific requirements:
Payment and Repayment Agreement for Westside Construction Project
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a. Require the contractor to faithfully perform all of the provisions of the contract
between Flanders Mill and the contractor.
b. Require the contractor to pay all laborers,mechanics, subcontractors, and material
suppliers.
c. Require the contractor to pay all persons who supply the contractor with provisions,
provender,material, or supplies for performing the work.
d. Except as otherwise required by Montana law, the form and substance of such
bond(s)must be satisfactory to Flanders Mill and the City.
e. Bond(s)shall be executed by a responsible surety licensed in Montana and listed in
the latest U.S. Dept. of Treasury Circular#570,with a Best's rating of no less than r
A/XII. Said bonds shall remain in effect through the warranty period for all a
improvements made on the West Side Project, and until all of the contractor's
obligations to Flanders Mill are fulfilled.
£ The Performance Bond and the Labor and Material Payment Bond shall be in an t
a
amount equal to or exceeding one hundred percent (100%) of the contract amount
entered into between Flanders Mill and its contractor.
g. Flanders Mill shall require the attorney-in-fact who executes the required bond(s)
on behalf of the surety to affix thereto a certified and current copy of his or her
power of attorney indicating the monetary limit of such power.
h. Every Bond under this section must display the Surety's Bond Number. A rider
including the following provision shall be attached to each Bond: Surety agrees that
it is obligated under the bond(s) to any successor, grantee or assignee of Flanders
Mill,LLC and the City of Bozeman.
i. The City and Flanders Mill must be named as obligees on the bonds.
Flanders Mill must require its contractor to deliver the required bonds to it and the City
prior to the commencement of any work on the Westside Project.
14. Indemnification/Insurance:
a. Flanders Mill agrees to require in any contract it enters into in fulfillment of its
obligations under this Agreement that it will,to the fullest extent permitted by law,
require its contractors to agree in such contracts that the contractor does release,
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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 and 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; (ii)any negligent,reckless,or intentional misconduct
of any of the contractor's agents including its subcontractors.
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). The indemnity under this Section Flanders Mill must
require of its contractor 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
Flanders Mill's contractors or engineers to assert its right to defense or
indemnification under this Agreement or under Flanders Mill's contractor's or
engineer'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 Flanders Mill's contractor(s)or engineer(s)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.
Flanders Mill must also require its contractors and subcontractors and engineers to
waive 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 the City Project or Flanders Mill Project except"responsibility
Payment and Repayment Agreement for Westside Construction Project
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for his own fraud, for wiHU injury to the person or property of another, or for
violation of law,whether willful or negligent"as per 28-2-702, MCA.
Notwithstanding any terms,provisions or conditions contained in this Section or in
this Agreement specifying,or that may be interpreted,to the contrary,Flanders Mill
has no obligation or duty to indemnify the City in relation to this Agreement, and,
thus, is providing no indemnity to the City. Furthermore, the City expressly
acknowledges that Flanders Mill will not indemnify the City and that Flanders Mill
has no obligation or duty to indemnify the City in relation to this Agreement.
The obligations contained in this subsection 1 4(a) shall survive termination of this
Agreement. j
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b. In addition to and independent from the above, Flanders Mill shall require its
contractor(s) and engineer(s) at the contractor(s)'s and engineer(s)'s expense, to
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 Flanders Mill's contractor(s)
or engineer(s) in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the contractor(s) or engineer(s)
retained by Flanders Mill to perform its obligations under this Agreement and as
such liabilities and obligations are included in subsection(a) of this Section.
The insurance shall cover and apply to all claims, demands,suits,damages, losses,
and expenses that may be asserted or claimed against, recovered from, or suffered
by the City without limit and without regard to the cause therefore and which is
acceptable to the City and Flanders Mill must cause to be furnished to the City an
accompanying certificate of insurance and accompanying endorsements
demonstrating such insurance is in place 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; $3,000,000
annual aggregate;
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• Products Completed Operations- $3,000,000;
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• Automobile Liability - $1,000,000 property damage/bodily injury per
accident; and
• Professional Liability- $1,000,000 per claim;$2,000,000 annual aggregate.
In addition to the above, Flanders Mill must cause its contractor to purchase and
maintain insurance upon the work conducted by Flanders Mill on the Westside
Project in the amount of the full replacement cost thereof. This insurance must:
• Include the interests of the City, Flanders Mill, and Flanders Mill's
contractor, engineers, and subcontractors each of whom is deemed to have
an insurable interest and must be listed as an insured or additional insured;
• Be written on a Builder's Risk "all risk" or open peril or special causes of
loss policy form that shall at least include insurance for physical loss and
damage to the work undertaken on the Westside Project, temporary
buildings,false work and materials and equipment in transit and must insure
against at least the following perils or cause of loss: fire,lighting, extended
coverage, theft, vandalism, and malicious mischief, earthquake, collapse,
debris removal, demolition occasional by enforcement of applicable laws
and regulations, and water damage (other than caused by floods);
• Include expenses incurred in the repair or replacement of any insured
property (including but not limited to the fees and charges or engineers);
• Cover materials and equipment in transit for incorporation in the work for
the Westside Project or stored at the site or at another location prior to being
incorporated into the work for the Westside Project, provided that such
materials and equipment have been included in an application for payment
by Flanders Mill's contractor and recommended for payment by Flanders
Mill's engineers;
• Be endorsed to allow occupancy and partial utilization of the work
conducted on the Westside Project by Flanders Mill and the City;
• Include testing and start-up; and
Payment and Repayment Agreement for Westside Construction Project
Page 14 of 23
Be maintained in effect until final payment is made unless otherwise agreed
to in writing by the City with forty-five (45) days written notice to each
additional insured.
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 the applicable policies. The insurance and
required endorsements must be in a form suitable to City and shall include no less
than a forty-five (45) day notice of cancellation or non-renewal. The City must
approve all insurance coverage and endorsements prior to the Flanders Mill
commencing work.In addition to the notice of cancellation to the City that must be
included in the insurance policies, Flanders Mill and its contractor(s) and
engineer(s)must notify City within two (2)business days of any of their receipt of
information that any required insurance coverage will be terminated or of
contractor(s) or engineer(s) decision to terminate any required insurance coverage
for any reason.
The City must receive copies of all insurance coverages and endorsements prior to
Flanders Mill commencing construction of any component of the Westside Project.
i
15. Independent Contractor Status/Labor Relations: The parties agree that Flanders Mill and
its contractors and subcontractors, including its engineers, and then employees and agents
are independent contractors for purposes of this Agreement and are not to be considered
employees of the City for any purpose. As such, neither Flanders Mill nor any of its
contractors and subcontractors are to be considered subject to the terms and provisions of
the City's personnel policies and may not be considered a City employee for workers'
compensation or any other purpose. Flanders Mill and its contractors and subcontractors a
are not authorized to represent the City or otherwise bind the City in any dealings between
them and any other party.
Flanders Mill must require its contractor to 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, and must ensure its contractor maintains
workers' compensation coverage for all members and employees of contractor's business,
except for those members who are exempted by law.
Flanders Mill must require its contractor furnish it 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)
Project
Payment and Repayment A Agreement for Westside Construction Pro
Yg .i
Page 15 of 23
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proof of exemption from workers' compensation granted by law for independent
contractors. Flanders Mill must provide such evidence to the City upon the City's request.
Flanders Mill must require its contractor to give preference to the employment of bona fide
Montana residents which means an individual who, at the time of employment and
immediately prior to the time of employment,has lived in Montana in a manner and for a
time that is sufficient to clearly justify the conclusion that the individual's past habitation
in this state has been coupled with an intention to make this state the individual's home.
Flanders Mill must instruct its contractor that individuals who come to Montana solely in
pursuit of a contract or an agreement to perform labor may not be considered to be bona
fide Montana residents.
Flanders Mill must require its contractor to pay wages, fringe benefits, and expenses
including travel allowances as set forth in the Montana Prevailing Wage Rage for either
Highway Construction (2017) or Heavy Construction (2017), as may be applicable to the
work performed, and as such wages are applicable to Gallatin County, Montana. The
parties agree the adopted wage schedules are incorporated herein. In addition, Flanders
Mill must require its contractor to pay all hourly wage employees on a weekly basis and to
maintain payroll records during construction and for a period of three (3) years following
acceptance of all improvements by the City. Finally, Flanders Mill must require that its
contractor ensure that any person,firm or entity constructing any portion of the City Project
under this Agreement for which Flanders Mill's contractor or any of its subcontractors is
responsible, is paid the applicable standard prevailing rate of wages.
In the event that,during construction of the City Project or Flanders Mill Project,any labor
problems or disputes of any type arise or materialize which in turn cause any services to
cease for any period of time, Flanders Mill must require its contractor to agree 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 and that the steps contractor shall
take are to be left to the discretion of contractor; provided, however, that Flanders Mill
must require the contractor to bear all costs of any related legal action.
Flanders Mill must require its contractor to 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 wages.
Payment and Repayment Agreement for Westside Construction Project
Page 16 of 23
lb. Representatives:
a. City's Representative: The City's Representative for the purpose ofthis Agreement
shall be Craig Woolard, the City's Director of Public Works, 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,
Flanders Mill may direct its communication or submission to other designated City
personnel or agents as.authorized by the City's Director of Public Works and may
receive approvals or authorization from such persons.
b. Flanders Mill's Representative: Flanders Mill's Representative for the purpose of
this Agreement shall be Walt Wolf, Manager of Flanders Mill LLC, or such other
individual as Flanders Mill shall designate in writing. Whenever direction to or
communication with Flanders Mill is required by this Agreement, such direction or
communication shall be directed to Flanders Mill's Representative; provided,
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however, that in exigent circumstances when Flanders Mill's Representative is not
available, City may direct its direction or communication to other designated
Flanders Mill personnel or agents.
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17. Permits: Flanders Mill must require its contractor to 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.
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18. Laws and Regulations: Flanders Mill must require its contractor to 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 3
codes,the Americans with Disabilities Act, and all non-discrimination, affirmative action,
and utilization of minority and small business statutes and regulations.
is
19.Nondiscrimination: Flanders Mill agrees and must require its contractor to agree that all
hiring of persons performing any work on the City Project or Flanders Mill Project must
be on the basis of merit and qualifications. Flanders Mill agrees and must require its
contractor to agree to have a policy to provide equal employment opportunity in accordance
Payment and Repayment Agreement for Westside Construction Project
Page 17 of 23
with all applicable state and federal anti-discrimination laws, regulations, and contracts.
Flanders Mill agrees and must require its contractor to agree they 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. Flanders Mill agrees and must require its contractor to agree that
while performing work on the City Project or Flanders Mill Project the contractor will 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. Flanders Mill agrees and
must require its contractor to agree to require these nondiscrimination terms of its sub-
contractors working on the City Project or the Flanders Mill Project.
20. Intoxicants,DOT Drug and Alcohol Regulations/Safety and Training: Flanders Mill must
require its contractor to not permit or suffer the introduction or use of any intoxicants,
including alcohol or illegal drugs,by any employee or agent engaged in construction of the
City Project or Flanders Mill Project. In addition,Flanders Mill must require its contractor
to acknowledge 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. Flanders Mill agrees the City shall
have the right to request proof of such compliance and that Flanders Mill must have the
authority to require its contractor to furnish such proof.
Flanders Mill must require its contractor to be responsible for instructing and training the
contractor's employees and agents in proper and specified work methods and procedures,
to provide continuous inspection and supervision of the work performed, and for
instructing its employees and agents in safe work practices.
21. Modification and Assignability: This Agreement may not be enlarged,modified or altered
except by written agreement signed by both parties hereto. Flanders Mill may not assign
its rights, including the right to compensation or delegate its duties arising hereunder,
without the prior written consent of City.
22. Reports/Accountability/Public Information:Flanders Mill agrees to develop and/or provide
documentation as requested by the City demonstrating its compliance with the
requirements of this Agreement. Flanders Mill agrees and must require its contractor to
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 pursuant to this Agreement was used in compliance with this Agreement.
Payment and Repayment Agreement for Westside Construction Project
Page 18 of 23
Flanders Mill or its contractors may not issue any statements, releases or information for
public dissemination without prior approval of the City.
23.Non-Waiver: A waiver by either party of 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.
24. Attorney's Fees and Costs: That in the event it becomes necessary for either party of this
Agreement 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 attorneys fees and costs, including fees, salary, and costs of
in-house counsel to include City Attorney.
i
25. Taxes: Flanders Mill must and agrees to require its contractor to pay all taxes of any kind
or nature and make all appropriate employee withholdings.
26. 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
I
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.
27. Survival: Section 14(a),including,but not limited to,Flanders Mill's obligation to require
its contractor to indemnify the City as required above and the indemnification provided
shall survive the termination or expiration of this Agreement for the maximum period
allowed under applicable law.
f
28. 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.
a
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Payment and Repayment Agreement for Westside Construction Project
Page 19 of 23
if
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29. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
30. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana without regard to its conflict of law provisions.
31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,legal
representatives, successors, and assigns of the parties.
32.No Third-Party Beneficiaa: Except as provided herein,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.
33. Counterparts: This Agreement may be executed in counterparts,which together constitute
one instrument.
34. Integration:tion: This Agreement and all Exhibits 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.
35.Notices: Written notices sent to the parties hereto shall be deemed given if sent by email,
read receipt requested, first-class mail, postage prepaid, to the principal address of each
party.
36. Default: Failure of or unreasonable delay by either party to perform any term or provision
of this agreement shall constitute a default hereunder. In the event of alleged default or
breach of any term or condition of this agreement,the party alleging such default or breach
shall give the other party not less than thirty(30)days'written notice specifying the nature
of the alleged default and the manner in which it may be satisfactorily cured. The party
charged shall not be considered in default for purposes of termination or instigation of legal
proceedings during any such 30-day period.
37. Recordation. The City may record this agreement in the records of the Gallatin County
Clerk and Recorder. The City will pay all costs of recording.
38. Covenants Running with the Land.Flanders Mill agrees its obligation to reimburse the City
for the City's payment of portions of the Flanders Mill Project as provided for in Section
Payment and Repayment Agreement for Westside Construction Project
Page 20 of 23
5,above,are covenants running with the land and such obligation of Flanders Mill shall be
binding on Flanders Mill's and its successors and assigns.
####END OF AGREEMENT EXCEPT FOR SIGNATURES ####
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Payment and Repayment Agreement for Westside Construction Project 3
Page 21 of 23 y
C' f Bozema
Date:L4-«-1-4-
Chuck Winn, Acting City Manager
R♦R 1R fr sr
R� 130 T,
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ATTEST: ,,,` O.•••■, ,�-�
Robin Crough, Ci r;rl �;
1883 .•�4 .
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9 j,IN CO 'V1 ,
STATE OF MONTANA''` )- `'
. ss.
County of Gallatin )
This instrument was acknowledged before me on the Jf_day of ; , 2017 by
Chuck Winn, as Acting City Manager for the City of Bozeman, Montana.
Pq�s� PEAR i MRCP b'
a;NOTn�i�<.L for the State of Montana
* . Residing at:
9.SEA L..' E3ozer nan, Montana Notary Public for the State of Montana
OF neo My Commission Expires: Printed Name: ?e�r1. iG�IS�
March 10,2020
Residing inaw- ,
My Commission Expires: AAuCA'. to, 702-o
Homelands Development Co.,LLC,Managing Member
of Flanders Mill,LLC:
t
By:
Walter Wolf,Managing Member of
Homelands Development Co.,LLC
STATE OF MONTANA )
ss
County of Gallatin )
On this It day of nr" ,2017, before me, a Notary Public for the State of
Montana,personally appeared Walter Wolf,known to me to be the person whose name is
subscribed to the above instrument and acknowledged to nie that he is the Managing Member of
Homelands Development Co.,LLC,the Managing Member of Flanders Mill, LLC and executed
the same.
Payment and Repayment Agreement for Westside Construction Project
Page 22 of 23
Notary Public for t e State of Montana
Printed Name: ?o-.-rL
(SEAL) Residing in , rti
My Commission Expires:_ M zrc , to., 2 J-2d
PEARL MICHALSON
Q.,.•••.•<S,Iq
Nolary Public
a`�No1n�rA�i for
the State of Montana
*_ Ficsiding at:
",.SEAL.=Q; 6ozeiYian, Montana
%9j�•...• P: My Commission Expires:
O March 10,2020
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Payment and Repayment Agreement for Westside Construction Project
Page 23 of 23
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EXHIBIT A DA�:2_o_i,
THE CITY OF BOZEMAN
FNGIN6BRD10 DLPARTYENI'
DRAWN HY:EYG 20 C OLIVE--P.O.BOX 1210
OVERALL PROJECT BOUNDARIES PROJECT N., DOEEIGN,MONTAHA OMI-1230
PRONE:(406)582-22 0--FAY:(408)502-2203 •�''
91181HX3
III 190 Drive
BOZEMANMAN,MT
59718
PHONE: 406.582.9841 FAX: 406.582.9843
project name: Oak Street Improvements-Ferguson to New Holland
bid date: 2/21/2017 REVISED BUDGET ESTIMATE
item# IDESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL
SCHEDULE I-SURFACE&UTILITY IMPROVEMENTS BASE BID
101 MOBILIZATION AN INSURANCE 1.00 LS $145,000.00 $145,000.00
102 STORMWATER MANAGEMENT AND EROSION 1.00 LS $15,000.00 $15,000.00
CONTROL
103 TRAFFIC CONTROL DURING CONSTRUCTION 1.00 LS $25,000.00 $25,000.00
104 EXPLORATORY EXCAVATION 10.00 HR $350.00 $3,500.00
105 CLEAR AND GRUB 1.00 LS $6,500.00 $6,500.00
106 REMOVE AND STOCKPILE TOPSOIL 7,007.00 CY $3.00 $21,021.00
107 SAWCUT AND REMOVE EXISTING ASPHALT 4,294.00 SY $4.50 $19,323.00
108 REMOVE AND DISPOSE OF EXISTING CURB AND GUTTER 3,005.00 LF $1.00 $3,005.00
109 REMOVE AND DISPOSE OF EXISTING SIDEWALK 2,774.00 SF $1.00 $2,774.00
110 REMOVE AND DISPOSE OF EXISTING DRIVEWAY 230.00 SF $1.00 $230.00
111 REMOVE PORTION OF N YELLOWSTONE AVE HANDICAP RAMP 1.00 LS $2,500.00 $2,500.00
AND REPLACE CURB TO FULL HEIGHT
112 REMOVE PORTION OF MEAGHER AVE HANDICAP RAMP AND 1.00 LS $2,500.00 $2,500.00
REPLACE CURB TO FULL HEIGHT
113 RELOCATE EXISTING FIRE HYDRANT 2.00 EA $4,000.00 $8,000.00
114 REMOVE 36"RCP FETS AND INSTALL NEW 60"STORM MANHOLE 1.00 LS $6,500.00 $6,500.00
115 36"RCP STORM DRAIN PIPE 72.00 LF $111.00 $7,992.00
116 36"RCP STORM DRAIN FES 1.00 EA $888.00 $888.00
117 REMOVE 42.75"x26.63"FES AND CONNECT TO NEW ARCH PIPE 2.00 EA $750.00 $1,500.00
118 43.75"x26.63"PCP STORM DRAIN ARCH PIPE 568.00 LF $150.00 $85,200.00
119 43.75"x26.63"RCP STORM DRAIN ARCH FES 2.00 EA $1,200.00 $2,400.00
REMOVE EXISTING 48"RCP STORM DRAIN PIPE AND FES AND
120 CONNECT NEW 48"RCP TO EXSITING DAVIS STORM DRIAN 1.00 LS $2,500.00 $2,500.00
MANHOLE BOX
121 48"RCP STORM DRAIN PIPE 197.00 LF $225.00 $44,325.00
122 48"RCP STORM DRAIN FES 1.00 EA $1,800.00 $1,800.00
123 REMOVE EXISTING 48"STORM DRAIN MANHOLE STATION 51+18 1.00 LS $500.00 $500.00
124 NEW 48"STORM DRAIN MANHOLE ON EXISTING 18"STORM 1.00 LS $5,000.00 $5,000.00
DRAIN
125 DOUBLE STORM DRAIN CURB INLET 7.00 EA $4,000.00 $28,000.00
126 48"SINGLE STORM DRAIN INLET 4.00 EA $2,850.00 $11,400.00
127 CONNECT TO EXISTING 12"STORM DRAIN PIPE 1.00 EA $1,000.00 $1,000.00
128 18"RCP STORM DRAIN PIPE 136.00 LF $35.00 $4,760.00
129 15"RCP STORM DRAIN PIPE 360.00 LF $33.00 $11,880.00
130 15"RCP OR PVC STORM DRIAN PIPE 431.00 LF $33.00 $14,223.00
131 12"RCP STORM DRAIN PIPE 74.00 LF $30.00 $2,220.00
132 12"RCP OR PVC STORM DRAIN PIPE 321.00 LF $30.00 $9,630.00
133 18"RCP FETS 3.00 EA $280.00 $840.00
134 15"RCP FETS 6.00 EA $264.00 $1,584.00
135 12"RCP FETS 2.00 EA $240.00 $480.00
LOCATE END OF EXISTING 15"CULVERT AND CONNECT TO NEW 1.00 LS $1,500.00 $1,500.00
136 15"RCP CULVERT W/CONCRETE COLLAR
137 UNCLASSIFIED EXCAVATION 8,655.00 CY $3.00 $25,965.00
138 FERGUSON POND EXCAVATION AND GRADING 1.00 LS $4,000.00 $4,000.00
139 IMPORTED FILL 11,983.00 CY $16.00 $191,728.00
140 GEOSYNTHETIC REINFORCED FABRIC-MIRIFII 3801 OF EQUAL 21,398.00 SY $6.50 $139,087.00
141 18"THICK 3"MINUS SUBBASE-EXTENDS 9"BEHIND CURB 21,398.00 SY $11.00 $235,378.00
S:\Knox\OAK STREET IMPROVEMENTS-NOV 18 2016\REVISED BUDGET ESTIMATE- FEB 21 2017
REVISED BUDGET ESTIMATE- FEB 21 2017 1 of 4 4:08 PM 2/21/2017
IIIME:
190 Ramshorn Drive
BOZEMAN,MT 59718
PHONE. 406.582.9841 FAX. 406.582.9843
project name: Oak Street Improvements-Ferguson to New Holland
bid date: 2/21/2017 REVISED BUDGET ESTIMATE
item# IDESCRIPTION QUANTITY I UNIT UNIT PRICE I TOTAL
SCHEDULE I-CONTINUED
142 6"THICK 1.5"MINUS CRUSHED BASE COURSE-EXTENDS 9" 21,398.00 SY $4.05 $86,661.90
BEHIND CURB
143 4"ASPHALT PAVING-2 LIFTS 16,175.00 SY $18.18 $294,061.50
144 2.5"ASPHALT PATH 2,798.00 SY $11.35 $31,757.30
9"THICK 1.5"MINUS CRUSHED BASE COURSE BENEATH 3,357.00 SY $6.90
145 ASPAHLT PATH-EXTENDS V BEYOND EDGE OF ASPHALT $23,163.30
6"FIBER REINFORCED CONCRETE FLATWORK W/ 3"SECTION 18,500.00 SF $5.40
146 OF BASE-INCLUDES HANDICAP RAMPS $99,900.00
148 PEDESTRIAN PATHWAY THROUGH MEDIAN-STATION 33+00 1.00 EA $2,000.00 $2,000.00
PEDESTRIAN PATHWAY THROUGH MEDIAN-STATION 38+70 AND 2.00 EA $2,000.00
44+10 $4,000.00
149 TRUNCATED DOME PANELS 620.00 SF $400.00 $248,000.00
9"THICK CONCRETE ROUNDABOUT TRUCK APRON-INCL 6"OF 3,921.00 SF $15.00
150 BASE $58,815.00
151 CONCRETE CURB AND GUTTER 5,606.00 LF $14.00 $78,484.00
152 ROUNDABOUT MOUNTABLE CURB 291.00 LF $20.00 $5,820.00
153 ROUNDABOUT SPILL CURB 183.00 LF $20.00 $3,660.00
154 MEDIAN CONCRETE CURB 4,920.00 LF $20.00 $98,400.00
155 MEDIAN TYPE A CURB 1,280.00 LF $20.00 $25,600.00
156 3"CONCRETE MEDIAN PAVING-ICL 3"OF BASE 13,680.00 SF $4.50 $61,560.00
157 ADJUST WATER VALVE 8.00 EA $500.00 $4,000.00
158 ADJUST EXISTING MANHOLE TO GRADE 10.00 EA $500.00 $5,000.00
159 1.3'MANHOLE BARREL SECTION 2.00 EA $1,500.00 $3,000.00
160 2.7'MANHOLE BARREL SECTION 2.00 EA $2,000.00 $4,000.00
161 4.0'MANHOLE BARREL SECTION 2.00 EA $2,500.00 $5,000.00
162 INSTALLATION OF EXISTING BARREL ESTION 2.00 EA $1,000.00 $2,000.00
1.5"MINUS CRUSHED BASE COURSE BLENDED AT 9.00 CY $50.00 $450.00
163 YELLOWSTONE AVE PARK APPROACK AND PARK PATH
164 CLASS I RIP RAP 1,398.00 CY $45.00 $62,910.00
165 REPLACE TOPSOIL 5,000.00 CY $5.00 $25,000.00
166 RE-SEED EMBANKMENT BOULEVARD,MEDIAN,AND DISTURBED 1.00 LS $10,000.00 $10,000.00
AREAS
167 HAUL OFF EXCESS TOPSOIL 2,007.00 CY $5.00 $10,035.00
168 6"PVC UTILITY CONDUIT-18"MIN.DEPTH 280.00 LF $9.00 $2,520.00
169 MISC.WORK 1.00 LS $50,000.00 $50,000.00
TOTAL BID-SCHEDULE 1 $2,402,431.00
SCHEDULE 11-SIGNAGE&STRIPING IMPROVEMENTS BASE BID
201 REMOVE EXISTING SIGN AND POST 36.00 EA $250.00 $9,000.00
202 REMOVE SINGLE SIGN FACE FROM EXISTING POST 2.00 EA $250.00 $500.00
203 RESET EXISTNG CUSTOM PARK SIGN 1.00 EA $1,500.00 $1,500.00
204 RELOCATE EXISTING SIGN TO NEW LUMINAIRE 1.00 EA $350.00 $350.00
205 RELOCATE EXISTING SIGN W/NEW POST 3.00 EA $550.00 $1,650.00
206 NEW OM4-2 SIGN W/POST 14.00 EA $550.00 $7,700.00
207 NEW ON4-2/W1-6 SIGN CLUSTER W/POST 2.00 EA $550.00 $1,100.00
208 NEW ON4-21W1-7 SIGN CLUSTER W/POST 1.00 EA $550.00 $550.00
209 NEW OM4-2/R11-2 SIGN CLUSTER W/POST 4.00 EA $550.00 $2,200.00
210 NEW R3-5 SIGN ON SIGNAL MAST 3.00 EA $250.00 $750.00
211 NEW D3-1 SIGN ON SIGNAL MAST 4.00 EA $250.00 $1,000.00
212 NEW R4-7 SIGN W/POST 5.00 EA $550.00 $2,750.00
213 NEW R4-4 SIGN W/POST 1.00 EA $500.00 $500.00
215 NEW R3-17/R7-1 SIGN CLUSTER W/POST 4.00 EA $550.00 $2,200.00
216 NEW R7-1 SIGN W/POST 1.00 EA $500.00 $500.00
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III 190 Drive
BOZEMANMAN,MT
59718
PHONE: 406.582.9841 FAX: 406.582.9843
project name: Oak Street Improvements-Ferguson to New Holland
bid date: 2/21/2017 REVISED BUDGET ESTIMATE
item# IDESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL
SCHEDULE 11-CONTINUED
217 NEW R3-17 SIGN AND RE-USE R7-1 SING ON EXISTING POST 2.00 EA $450.00 $900.00
218 NEW(2)D3-1/(2)D3-1/R4-7 SIGN CLUSTER W/POST 4.00 EA $650.00 $2,600.00
219 NEW R1-5 SIGN W/POST 8.00 EA $550.00 $4,400.00
RECTANGULAR RAPID FLASH BECON W/NEW W11-15/WW16-7P 220 SIGN CLUSTER 4.00 EA $5,750.00 $23,000.00
NEW(2)D3-1/(2)D3-1 SIGN CLUSTER AND REUSE 131-1 SIGN W/ $1,875.00
221 POST 3.00 EA $625.00
222 NEW(2)D3-1/(2)D3-1/R1-1 SIGN CLUSTER W/POST 2.00 EA $650.00 $1,300.00
223 NEW W11-2/W16-7P SIGN CLUSTER W/POST 8.00 EA $600.00 $4,800.00
224 NEW W4-2 SIGN W/POST 1.00 EA $550.00 $550.00
225 NEW W20-5 SIGN W/POST 1.00 EA $550.00 $550.00
226 NEW W2-6/W13-1 SIGN CLUSTER W/POST 3.00 EA $550.00 $1,650.00
227 NEW R3-8 SIGN CLUSTER W/POSTS 6.00 EA $550.00 $3,300.00
228 NEW D11-1/M6-2 SIGN CLUSTER ON LUMINAIRE 8.00 EA $450.00 $3,600.00
229 NEW W 11-2/W16-7P SIGN CLUSTER ON DIGNAL HAWK SIGNAL 8.00 EA $450.00 $3,600.00
POLE
230 NEW R10-23 SIGN ON HAWKS SIGNAL MAST 16.00 EA $450.00 $7,200.00
231 NEW(2)D3-1/R1-2 SIGN CLUSTER W.POST 4.00 EA $550.00 $2,200.00
232 NEW D11-1/M5-2 SIGN CLUSTER W/POST 3.00 EA $550.00 $1,650.00
233 NEW D11-1/M6-2 SIGN CLUSTER W/POLE 2.00 EA $550.00 $1,100.00
234 NEW R2-1 SIGN W/POST 2.00 EA $550.00 $1,100.00
235 NEW 6-4 SIGN W/POST 4.00 EA $550.00 $2,200.00
236 NEW R9-11 SIGN W/POST 1.00 EA $500.00 $500.00
237 NEW WHITE FLEXIBLE SURFACE MOUNT DELINEATORS 35.00 EA $350.00 $12,250.00
238 NEW YELLOW FLEXIBLE SURFACE MOUNT DELINEATORS 32.00 EA $350.00 $11,200.00
239 EPDXY TRAFFIC MARKINGS-WHITE 45.00 GL $250.00 $11,250.00
240 EPDXY TRAFFIC MARKINGS-YELOW 3.00 GL $250.00 $750.00
241 THERMOPLASTICS-WHITE 4,944.00 SF $30.00 $148,320.00
242 CURB EPDXY-YELLOW 9.00 GL $250.00 $2,250.00
243 PAVEMENT MARKING OBLITERATION-4"STRIP EQUIVALENT 4,492.00 LF $4.00 $17,968.00
244 MISC.WORK 1.00 LS $5,000.00 $5,000.00
TOTAL BID SCHEDULE II $309,313.00
SCHEDULE III-ELECTRICAL IMPROVEMENTS BASE BID
301 STRUCTURAL CONCRETE POLE FOUNDATION 30.60 CY $1,805.00 $55,233.00
302 CONDUIT, 1.5"PVC,TRENCH 505.00 LF $10.78 $5,443.90
303 CONDUIT,2"PVC TRENCH 5,255.00 LF $14.85 $78,036.75
304 CONDUIT,2"PVC,PUSH 60.00 LF $100.00 $6,000.00
305 CONDUIT,2.5"PVC,TRENCH 335.00 LF $19.58 $6,559.30
306 CONDUIT,2.5"PVC,PUSH 95.00 LF $25.00 $2,375.00
307 CONDUIT,3.0"PVC TRENCH 55.00 LF $22.50 $1,237.50
308 CONDUIT,3.0"PVC PUSH 80.00 LF $30.00 $2,400.00
309 PULL BOX,COMPOSITE TYPE 1 11.00 EA $616.00 $6,776.00
310 PULL BOX,COMPOSITE TYPE 2 16.00 EA $1,023.00 $16,368.00
311 PULL BOX,COMPOSITE TYPE 3 1.00 EA $1,500.00 $1,500.00
312 CABLE,COPPER, 12C NO. 14AWG(SIGNALS) 1,270.00 LF $3.74 $4,749.80
313 CABLE, COPPER,7C NO.14AWG(SIGNALS) 1,305.00 LF $2.64 $3,445.20
314 CABLE, COPPER,5C NO.14AWG(SIGNAL) 665.00 LF $2.35 $1,562.75
315 CABLE, COPPER,3C NO. 14AWG(OPTICOM) 275.00 LF $3.08 $847.00
316 CONDUCTOR,COPPER#6 AWG,CONTROLLER 120.00 LF $2.00 $240.00
317 CONDUCTOR,COPPER#8 AWG,CONTROLLER 1,245.00 LF $1.50 $1,867.50
318 CONDUCTOR,COPPER#10 AWG,LIGHTING&GROUND 21,635.00 LF $0.72 $15,577.20
319 CABLE RADAR DETECTOR 650.00 LF $3.96 $2,574.00
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III � 190 Ramshorn Drive
BOZEMAN,MT 59718
PHONE: 406.582.9841 FAX: 406.582.9843
project name: Oak Street Improvements-Ferguson to New Holland
bid date: 2/21/2017 REVISED BUDGET ESTIMATE
item# IDESCRIPTION QUANTITY I UNIT UNIT PRICE TOTAL
SCHEDULE III-CONTINUED
320 SUPPLY AND INSTALL TYPE P CONTROLLER CABINET 1.00 EA $45,321.00 $45,321.00
321 CONTROLLER CABINET PEDESTAL TYPE P 1.00 EA $1,650.00 $1,650.00
322 SUPPLY&INSTALL POLE MOUNTED CONTROLLLER CABINET 4.00 EA $5,750.00 $23,000.00
323 SUPPLY&INSTALL CONTROLLER TYPE P 1.00 EA $2,750.00 $2,750.00
324 SUPPLY&INSTALL TRAFFICWARE TS2 CONTROLLER 4.00 EA $7,250.00 $29,000.00
325 SUPPLY AND NSTALL EMERGENCY PREEMPTION DETECTOR 1.00 EA $2,860.00 $2,860.00
SYSTEM-MODEL 722
326 SUPPLY&INSTALL DETECTOR RADARIPRESENCE 4.00 EA $9,900.00 $39,600.00
327 SIGNAL STD.TYPE 1-100 12.00 EA $825.00 $9,900.00
328 SIGNAL STD.W/30 FT MAST-TYPE 3A 3.00 EA $10,000.00 $30,000.00
329 SIGNAL STD.W/35 FT MAST-TYPE 3A 6.00 EA $10,560.00 $63,360.00
330 SIGNAL STD.W/40 FT MAST-TYPE 3A 2.00 EA $15,000.00 $30,000.00
331 SIGNAL STD.W/45 FT MAST-TYPE 3A 1.00 EA $25,000.00 $25,000.00
332 ARMT STANDARD 40 Fr MOUNTING HEIGHTS W/10 FT MAST 15.00 EA $5,000.00 $75,000.00
333 ARMT STANDARD 40 Fr MOUNTING HEIGHTS W/15 FT MAST 2.00 EA $7,000.00 $14,000.00
334 LUMINAIRE ASSEBLY LED 29.00 EA $500.00 $14,500.00
335 12"x12"x12"TRAFFIC SIGNAL IND. 8.00 EA $1,540.00 $12,320.00
336 12"x12"x12"HAWK SIGNAL INDICATIONS 24.00 EA $1,870.00 $44,880.00
337 MAST ARM ASTRO BRACKETS 6.00 EA $250.00 $1,500.00
338 PEDESTRIAN SIGNAL IND.12"SYMBOLS-COUNT DOWN 24.00 EA $1,485.00 $35,640.00
339 PEDESTRIAN PUSH BUTIONS-TACTILE 24.00 EA $2,090.00 $50,160.00
340 TYPE C SERVICE ASSEMBLY 4.00 LS $5,315.00 $21,260.00
341 CONSTRUCTION TRAFFIC CONTROL 1.00 LS $15,000.00 $15,000.00
342 REMOVE AND SALVAGE EXISTING LUMINAIRIES 1.00 LS $7,500.00 $7,500.00
343 MISC.WORK 1.00 LS $20,000.00 $20,000.00
TOTAL BID-SCHEDULE III $826,993.90
TOTAL BID-SCHEDULE 1 $2,402,431.00
TOTAL BID SCHEDULE II $309,313.00
TOTAL BID-SCHEDULE III $826,993.90
PROJECT TOTAL $3,538,737.90
5%CONTINGENCY $176,936.90
TOTAL W15%CONTINGENCY $3,715,674.80
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Exhibit C
FERGUSON AVENUE-BAXTER LANE TO OAK STREET
Construction Costs w/10%Contingency
Water(66.7%of total) $ 6,013.33
Sewer(66.7%of total) $ 3,850.00
Storm Sewer(66.7%of total) $ 20,038.31
Earthwork(66.7%of total) $ 61,584.97
Road Improvements (66.7%of total) $ 445,721.44
Striping&Signage (66.7%of total) $ 62,061.26
Street Lighting (66.7%of total) $ 65,666.67
Miscellaneous Costs (66.7% of total) $ 49,749.01
TOTAL $ 714,685.00
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Exhibit D
FLANDERS MILL-OAK STREET TO BAXTER LANE
Construction Costs w/10%Contingency
Water(50%of Total) $ 16,384.50
Storm Sewer(50%of Total) $ 79,274.80
Earthwork(50%of Total) $ 75,664.33
Road Improvements(50%of Total) $ 259,696.69
Striping&Signage(50%of Total) $ 14,996.85
Miscellaneous Costs (50%of Total) $ 67,322.84
TOTAL $ 513,340.00
Exhibit E
FLANDERS MILL-OAK STREET TO SUNSTONE STREET
Construction Costs w/10%Contingency
Water(50%of Total) $ 33,379.50 j
Sewer(50%of Total) $ 825.00
Storm Sewer(50%of Total) $ 8,692.20
Road Improvements(50%of Total) $ 186,913.65
Striping&Signage (50%of Total) $ 9,603.00
Street Lighting(50%of Total) $ 9,362.42
Miscellaneous Costs (50%of Total) $ 55,995.23
TOTAL $ 304,771.00
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Exhibit F
FLANDERS MILL-OAK STREET TO SUNSTONE STREET
Construction Costs w/10%Contingency
Water(50%of Total) $ 33,379.50
Sewer(50%of Total) $ 825.00
Storm Sewer(50%of Total) $ 8,692.20
Road Improvements (50%of Total) $ 186,913.65
Striping&Signage (50%of Total) $ 9,603.00
Street Lighting(50%of Total) $ 9,362.42
Miscellaneous Costs(50%of Total) $ 55,995.23
TOTAL $ 304,771.00
Exhibit G
FERGUSON AVENUE-BAXTER LANE TO OAK STREET
Construction Costs w/10%Contingency
Water(33.3%of total) $ 3,006.67
Sewer(33.3%of total) $ 1,925.00
Storm Sewer(33.3%of total) $ 10,019.17
Earthwork(33.3%of total) $ 30,792.48
Road Improvements(33.3%of total) $ 222,860.27
Striping&Signage (33.3%of total) $ 31,030.63
Street lighting(33.3%of total) $ 32,833.33
8' Wide Asphalt Trail $ 44,048.40 1
Miscellaneous Costs (33.3%of total) $ 24,874.05
TOTAL $ 401,390.00
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Exhibit H
FLANDERS MILL-OAK STREET TO BAXTER LANE
Construction Costs w/10%Contingency
Water(50%of Total) $ 16,384.50
Storm Sewer(50%of Total) $ 79,274.80
Earthwork(50%of Total) $ 75,664.33
Road Improvements(50%of Total) $ 259,696.69
8'Wide Asphalt Trail (100%of Total) $ 45,386.00
Striping&Signage(50%of Total) $ 14,996.85
Miscellaneous Costs(50%of Total) $ 67,322.84
TOTAL $ 558,726.00
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FLANDERS MILL SUBDIVISION PHASING PLAN PftOTBGT NO.: PRON8:(406)602-2280--PAX:(400)582-2280