HomeMy WebLinkAbout17- Impact Fee Payment Agreement - East Main Investments, LLC - Highland Boulevard and East Main Street Intersection (Blackmore Bend) h
CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of June,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, East Main Investments, LLC hereinafter referred to as "Developer."
WHEREAS, the Developer desires to complete certain public transportation system
improvements to benefit its development project Site Plan Development Application 16-531,
Blackmore Marketplace Building (the "Development") 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 traffic signal
improvements at the Highland Boulevard and East Main Street 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 improvements at the Highland Boulevard and East Main Street intersection
and associated street improvements as shown on the Concept Plans and Specifications
attached as Exhibit 1. Prior to construction and any payment by the City Developer must
submit to the City Engineering Division a final set of Plans and Specifications for the
Project and receive approval of the Plans and Specifications from the City Engineering
Division.No occupancy of any structure to be built on the Development will be authorized
until the City Engineering Division, in its sole discretion, performs a final inspection,
receives final certification by the Developer's engineer, and approves the final Project per
the process defined in the City of Bozeman Design Standards and Specifications Policy.
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 $241,781 ("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: $121,781
Estimated City Costs: $120,000
TOTAL: $241,781
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
$120,000.00 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 paid
by the Developer. Notwithstanding the above, the City will pay no more than
$120,000.00 in Actual Project Costs should the allocation of Actual Project
Costs between the parties exceed the allocation of Estimated Project Costs
Page 2 of 6
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$120,000.00
of the amount of Actual Project Costs up to but not to exceed $120,000.00 and
(b)the Developer will pay the remainder of the amount of Actual Project Costs
incurred including any amount in excess of the City's maximum contribution
of$120,000.00.
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
Page 3 of 6
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
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 !'A day of 2017
EAST MAIN INVESTMENTS
By: Do pe, Managing Member
Dated this_'day of 2017
CIT OF BOZEMAN
By: Dennis Taylor, Interim City Manager
Page 4 of 6
Exhibit 1
Construction Proposal
(attached)
Page 5 of 6
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Exhibit 2
Anticipated Project Costs
(attached)
Page 6 of 6
Exhibit 2
Montana Department of Transportation Page 1 of 1
PRICESBID Junee 2016 Preliminary Estimate
June
Project Number: 11415006 Prepared By: KU
Project Name: Bozeman-East Main Traffic Impact Study(90°Re-align) Date: December 9,2016
UPN Number: County: Gallatin
Project Length: Miles District:
Design Stage: Preliminary Type of Work: Surfacing,Curb&Gutter,Lighting,and Signals
Average Bid Prices Adjusted Unit Prices
Item Number Quantity Description Unit G-Match Unit Price Amount Unit Price Amount
Dollars Dollars Dollars Dollars
202020353 100 REMOVE CONCRETE SQYD N $21.05 $2,105.00 $2,105.0;
203020100 700 EXCAVATION-UNCLASSIFIED CUYD N $3.98 $2,786.00 $10.00 $7,000.00
301020340 235 CRUSHED AGGREGATE COURSE CUYD N $26.31 $6,183.00 $30.00 $7,050.00
301020625 1410 AGGREGATE TREATMENT SQYD N $0.44 $620.00 $620.00
401020022 255 COMMERCIAL MIX-PG 64-28 TON N $86.13 $21,963.00 $21,963.00
401020300 4 HYDRATED LIME TON N $213.85 $855.00 $855.00
603013453 280 PIPE-PVC 18IN LNFT N $0.00 $60.00 $16,800.00
603013549 1 CONNECT TO EXISTING PIPE EACH N $552.14 $552.00 $552.00
603014242 2 ADJUST VALVE BOX EACH N $433.86 $868.00 $868.00
604000100 4 ADJUST MANHOLE EACH N $666.74 $2,667.00 $2,667.00
604000140 3 REMOVE DROP INLET EACH N $983.81 $2,951.00 $2,951.00
604010220 3 INLET DROP-SPECIAL DESIGN EACH N $3,400.00 $10,200.00 $3,100.00 $9,300.00
608010020 120 SIDEWALK-CONCRETE 4 IN SQYD N $67.22 $8,066.00 $8,066.00
608010110 55 CONCRETE 6 IN SQYD N $76.38 $4,201.00 $4,201.00
608010125 3 DETEC WARNING DEVICES-TYPE 1 SQYD N $400.66 $1,202.00 $1,202.00
609010200 805 CURB AND GUTTER-CONC LNFT N $25.55 $20,568.00 $20,568.00
609010209 152 REMOVE MEDIAN CURB LNFT N $3.58 $544.00 $544.00
617000000 4 FOUNDATION-CONCRETE CUYD Y $1,000.37 $4,001.00 $4,001.00
617503130 2 SIG-TRAF 3 COL-1 WAY 12-12-12 EACH Y $1,068.58 $2,137.00 $2,137.00
617513125 2 SIG TRAF 4 COL 1 W 12-12-12-12 EACH Y $1,312.96 $2,626.00 $2,626.00
617553020 2 SIG-PEDESTRIAN TYPE 2 EACH Y $923.90 $1,848.00 $1,848.00
617695525 1 SIG STANDARD TYPE 2-A-900-0 EACH Y $0.00 $1,600.00 $1,600.00
617781000 2 REMOVE AND SALVAGE MISC ELECTRICAL LS N $7,590.48 $15,181.00 $15,181.00
617783030 1 REMOVE AND RESET MISC ELECTRICAL LS N $3,000.77 $3,001.00 $3,001.00
617903255 2 PUSH BUTTON-PEDESTRIAN-TACTILE EACH Y $1,385.69 $2,771.00 $2,771.00
618030080 1 TRAFFIC CONTROL LS N $21,117.00 $21,117.00 $15,000.00 $15,000.00
619010086 10 SIGNS-ALUM REFLSHEET IV SOFT Y $26.06 $261.00 $261.00
619010200 1 RESET SIGNS EACH Y $200.53 $201.00 $201.00
619010210 1 RESET SIGNS-GUIDE EACH Y $785.75 $786.00 $786.00
620010301 1 CURB MARKING-YELLOW EPDXY GAL Y $254.45 $254.00 $254.00
620011260 6 WORDS AND SYMBOLS-WHITE EPDXY GAL Y $295.94 $1,776.00 $1,776.00
620011265 6 WORDS AND SYMBOLS-YELLOW EPDXY GAL Y $305.06 $1,830.00 $1,830.00
620013955 2380 REMOVE PAVEMENT MARKINGS LNFT N $1.93 $4,593.00 $4,593.00
620013960 7 STRIPING-WHITE EPDXY GAL Y $65.51 $459.00 $459.00
620014960 12 STRIPING-YELLOW EPDXY GAL Y $56.12 $673.00 $673.00
623000155 1 MAILBOX EACH N $205.77 $206.00 $206.00
$150,052.00 $166,516.00
10% Mobilization $15,005.20 $16,651.60
Subtotal $165,057.20 $183,167.60
20% Contingency $33,011.44 $36,633.52
Construction Total $198,068.64 $219,801.12
10% Construction Engineering $21,980.11
Total $241,781.23
User:Dillon McLain File Name:P:\Private\MT\City\Bozeman\11415006 East Main Commercial\G Date: 12/12/2016 9:17