HomeMy WebLinkAbout18- Improvements Agreement - Flanders Mill, LLC - Flanders Mill Subdivision, Phase 5 (Landscaping and Lighting) J7620
Send Original to:
City of Bozeman
Department of Community Development 9�5:�
P.O.Box 1230
Bozeman,MT 59771
2607335
Page: 1 of 12 03/05/2018 02:45:55 PM Fee. $84.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
FLANDERS MILL SUBDIVISION—PHASE 5
(LANDSCAPING AND LIGHTING)
THIS AGREEMENT is made and entered into this 1 b' day of�J O�.t� 2018, by
and between FLANDERS MILL, LLC, 235 GREENHILLS RANCH ROAD, BOZEMAN MT
59718,hereinafter called the"Subdivider",and the CITY OF BOZEMAN,a municipal corporation
and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse
Avenue, P.O. Box 1230, Bozeman,MT 59771-1230,hereinafter called the "City".
WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of
preliminary plat approval, Planning Application No. P14024, for the Final Plat application of
FLANDERS MILL SUBDIVISION-PHASE 5 (17497), to subdivide 63.3980 acres and create
Thirty-One(31)residential lots,two(2)common open space lots,one(1)unimproved lot for future
development, and the remaining areas as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for
FLANDERS MILL SUBDIVISION-PHASE 5; and
WHEREAS, the Final Plat for FLANDERS MILL SUBDIVISION-PHASE 5, is to be
filed prior to the installation of all required subdivision improvements and an improvements
agreement with financial security was provided; and
WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby
enter into an Agreement which will guarantee the full and satisfactory completion of the required
improvements related with the property hereinafter described; and it is the intent of this
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 1 of 7
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of FLANDERS MILL SUBDIVISION-PHASE 5.
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to, and includes, those properties that are designated and
identified as being:
LEGAL DESCRIPTION
LOT 1R-4, FLANDERS MILL SUBDIVISION-PHASE 4, LOCATED IN THE E %2 W
'/2 , SECTION 3, T2S,R5E,P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY,
MONTANA.
2. Improvements
This Agreement specifically includes the following improvements for FLANDERS MILL
SUBDIVISION—PHASE 5: Landscaping and lighting improvements.
The Estimated Cost of said improvements was estimated by C&H Engineering and
Surveying, 1091 Stoneridge Drive, Bozeman MT 59718, with the estimated cost of
improvements being in total Eighty-Nine Thousand Three Hundred Eleven Dollars and Eleven
Cents($89,311.11). The estimate is attached and hereby made a part of this Agreement,as Exhibit
«A„
3. Financial Guarantee, Time for Completion of Improvements, Additional
Restrictions
It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion
of all required subdivision improvements. Therefore, this Agreement shall be secured by an
irrevocable standby letter of credit: Letter of Credit No. (od'/3-73 b'/ in the
amount of$133,966.67 from 6r 4wm4ew acceptable to the City of
Bozeman, which in combination is one hundred and fifty (150) percent of the Estimated Cost of
said improvements attributable to.FLANDERS MILL SUBDIVISION-PHASE 5.
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 2 of 7
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than nine(9) months of the filing of the final
subdivision plat for FLANDERS MILL SUBDIVISION-PHASE S in order to avoid default
on the method of security: Landscaping and lighting.
The Subdivider agrees that no delegation of performance required by this agreement shall
relieve the Subdivider of any duty to perform or any liability for the breach of that duty to complete
said subdivision improvements required for FLANDERS MILL SUBDIVISION-PHASE 5
Upon submission of fully documented invoices for the work performed, said work to be
inspected and certified for payment by Subdivider's professional engineers and the City of
Bozeman and or its agents as necessary,the City of Bozeman may release a portion of the letter of
credit for the work completed by the referenced invoices.
4. Inspection
Representatives of the City shall have the right to enter upon the property at any reasonable
time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement,
and the Subdivider shall permit the City and its representatives to enter upon and inspect the
property at any reasonable time.
5. Default
Time is of the essence of this Agreement. If the Subdivider shall default in or fail to fully
perform any of its obligations in conformance with the time schedule under this Agreement, and
such default or failure shall continue for a period of thirty(30)days after written notice specifying
the default is deposited in the United States mail addressed to the Subdivider at FLANDERS
MILL, LLC,235 GREENHILLS RANCH ROAD, BOZEMAN MT 59718, or such other address
as the Subdivider shall provide to the City from time to time,without being completely remedied,
satisfied, and discharged, the City may elect to enforce any of the following specified remedies:
A) The City may,at its option,declare the financial guarantee to be forfeited and secure
the complete construction and inspection of the improvements described herein.
The City's representative, contractors, and engineers shall have the right to enter
upon the property and perform such work and inspection, and the Developer shall
permit and secure any additional permission required to enable them to do so. In
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 3 of 7
the event that any funds remain from the financial guarantee upon completion of
all improvements, such funds shall be promptly returned to the Subdivider.
B) The City may enforce any other remedy provided by law.
6. Indemnification
The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and
against all claims, costs and liability of every kind and nature, for injury or damage received or
sustained by any person or entity in connection with, or on account of the performance of work at
the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid
and defend the City in the event that it is named as a defendant in an action concerning the
performance of work pursuant to this Agreement except where such suit is brought by the
Subdivider. The Subdivider is not an agent or employee of the City.
7. Attorney Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney
to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be
entitled to reasonable attorney's fees and costs,including fees,salary,and costs of in-house counsel
including City Attorney.
8. Warranty
The Subdivider shall warrant against defects of all improvements and that these
improvements are made in a good and workman-like manner for a period of two (2) years from
the date of their written acceptance by the governing body.
9. Governing Law
This Agreement shall be construed according to the laws of the State of Montana. In the
event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
10. Modification or Alterations
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 4 of 7
No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed by the parties hereto.
11. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
12. No Assignment
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in
part,without prior written consent to City.
13. Successors
Except as provided in paragraph twelve(12),this Agreement shall be binding upon,ensure
to the benefit of, and be enforceable by the parties hereto and their respective heirs,successors and
assigns.
14. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder within 10 business days of the signature of the Community Development
Director.
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 5 of 7
SUBDIVIDER
�LIQ�5�
BY:
FLANDERS MILL, LLC
TITLE:
STATE OF MONTANA )
:ss
County of Gallatin )
On this l&i�day of 2018,before me, a Notary Public of the State of Montana,
personally appeared ,known to me to be the subdivider that executed the
foregoing Improvements Agreement, and acknowledged to me that(s)he executed the foregoing
instrument as OU6.0 1 nqAAWALber of Flanders Mill,LLC, and acknowledged to me
that(s)he executed the s e for and on behalf of Flanders Mill, LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
(Printed Name Here)
�pY w,, WENDY WILSON Notary Public for the
State of �.�
3�, Notary Public Residin at �dtT—
No�nRiq[• _fer t'�c Stat^ of Montana g .--r,
*' SEAL. *= Resk-ling`'t: My Commission Expires:6,04� '.2p,201
=�j , �' E3ct•,lradc, A•Aoraana
9 P.< (Use 4 digits for expiration year)
M�4 : My Cornntission Expires:
„,, "' September 20, 2019
FLANDERS MILL SUBDIVISION—PHASE 5—Landscape&Lighting Improvements Agreement Page 6 of 7
THE CITY OF BOZEMAN
B MARTIN MATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On this kcj+� day of MQ,X(' 2018, before me, a Notary Public for the State
of Montana,personally appeared Martin Matsen, known to me to be the person described in and
who executed the foregoing instrument as Director of Community Development for the City of
Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he
executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
L
(Printed Name Here)
a `STERHQF
HANNt"��i-"���'`"= Notary Public for the State of Montana
rY
m Notary Public
for the State of Montran, I Residing at Bcaey�'
Residing at: i My Commission Expires:
SEAL,',; Bozeman, Montana
My commission Expires: (Use 4 digits for expiration year)
March 17,2021
FLANDERS MILL SUBDIVISION—PHASE 5—Sidewalk Improvements Agreement Page 7 of 7
A,AAndumA
Tyler Electric"`
Tyler Electric, LLC
81 North Star Lane, Suite 203
Bozeman, MT 59718
406-284-2320
Date: 9/29/2017
Regarding: Flanders Mill Phase 5 Street Lighting
The following is our proposal for the above referenced project. It is based on the contract
documents listed below.
Plans/Drawings: C4.0
Plans Date: 8/28/2017
Specifications: Per plan and City of Bozeman Street Lighting Specifications dated 8/26/2013.
Addendum: None
Scope of Work: To provide and install light poles, fixtures, concrete pole bases, conduit,
conductors, breakers, ground boxes and connections for site lighting.
The following items are excluded:
1. Premium labor.
2. Performance Bonding.
3. Utility Company charges
4. Omissions from the electrical drawings or specs.
5. Trenching, backfill, soil compaction, dewatering and excavation. (by others)
6. Hand digging or special excavation methods around existing systems that are
buried. (by others)
7. Exposing buried sleeves under sidewalks or roadways. (by others)
8. Excavation for concrete pole bases, pull boxes or service post. (by others)
9. Sleeves under roadway, sidewalks, etc. (by others)
10. Siting pole bases to grade. (by others)
11. Any costs associated with locating, trenching or excavating near existing utilities.
12. Any situations that would require the need for a Vac Truck.
13. Repair or costs associated with any damage to existing underground systems.
(additional cost)
14. We are not including any costs associated with relocating existing utilities if
necessary.
15. Any provisions for pouring or curing concrete in cold weather or any costs
associated with winter conditions including plowing, tenting, trenching,
excavating frozen material, etc.
16. Any provisions or costs for Traffic Control if necessary. (by others)
17. Any provisions or costs associated with de-energizing or insulating existing
overhead utility conductors to install light poles. (by others)
18. Light diffusers and/or fixture accessories, not part of or attached to a fixture, or not
shown on the fixture list.
19. Concrete encasement of conduits or duct banks.
20. Spare parts.
Qualifications:
1. The correctness and completeness of the contract documents is the sole
responsibility of those who have prepared them. This proposal covers only the work
that is adequately shown, described and/or detailed in the above referenced
contract documents.
2. Permit Fee is included
3. No back charges for clean-up will be accepted unless prior written notice and forty
eight hours has been given to comply.
4. This proposal includes concrete pole bases and breakaway bolts to meet City
of Bozeman specifications.
5. One scheduled generator testing is included for city approval.
6. This proposal is based on the 8/26/2013 street lighting specifications. Any
modifications or changes will require a requote.
7. This proposal is based on current information pending a final approved set of
plans, approved submittals and updated quotes from suppliers. Any changes
will need to be evaluated.
8. All locations, elevations and curb points for street lights, trenching, electrical
services, and pull boxes to be provided by others.
9. The poles and fixture cost is based on the part numbers that will require
approval by the City of Bozeman.
10. This proposal is based on the road being closed at the time of the light pole
installation. We are not including costs for traffic control to install the light
poles. If the road is open and traffic control is needed to safely install the light
poles, this will be billed as additional cost.
11. We cannot control or guarantee the ship dates or arrival of the light poles and
fixtures. We are at the mercy of the manufacture and transportation
companies. We will promptly schedule the light installation as soon as we
receive the parts.
12. The proposal is based on:
a. (3) 25 ft. ELA architectural style pole with a 75 watt LED bell shade
fixture head on a single arm. Midnight color.
13. This proposal is valid for a period of 30 days.
14. If you need additional information regarding this proposal, please contact James
Wright at 406-223-3837
Budget Number (pending final plan approval): $29,035.00
II )
MOSSCREEK LANDSCAPES, INC. AEstimate
9200 Thorpe Rd.
Bozeman,MT 59718 Date Estimate#
10/6/2017 854
Name/Address
Flanders Mill,LLC
t
235 Green Hills Ranch Rd.
Bozeman,MT
59718
Qty Description Total
LANDSCAPE/SPRINKLER PROPOSAL FOR PHASE 5 PARKWAY-FLANDERS MILL SUB,
ALONG FERGUSON AVENUE BETWEEN HARVEST PARKWAY&BAXTER LN.
1 Automatic Rainbird Sprinkler system-Well&power provided by developer-30 GPM @ 55-60 PSI* 17,122.80
(120 rotors&320 popups).
40,000 Fescue blend sod installed w/finish grade 21,200.00
TREES:**
3 Spruce Trees(10') 1,335.00
7 American Elm Trees(2"CAL) 2,379.88
7 American Linden Trees(2"CAL) 2,520.00
6 Honeylocust Trees(2"CAL) 2,249.97
20 Aspen Trees(2"CAL) 4,499.96
6 Spring Snow Crabapple Trees 1,800.01
98 Wood tree stakes 196.00
3 Cedar mulch-mulch under/around trees 240.00
80 Screened Black Topsoil for finish grading(CY) 1,440.00
*Sprinkler system warranty covers parts and labor for one year from the date of completion of the
system.
PRICE DOES NOT INCLUDE ANY BERMING OR ROUGH GRADING-This price assumes that all
topsoil will be onsite and in place,with a reasonable rough grade established. If not additional charges
will apply at the following rates:$80/hr for bobcat/dump truck work,$50/hr mini-skid steer,$14-16/CY
for Unscreened Topsoil&$16-20CY for Screened Topsoil,Labor-Foremen@$45/hr,
Laborers@$35/hr.
PAYMENT:Upon acceptance 1/2 of total balance is due,and final 1/2 due no later than 30
days after project completion. Any unpaid balance is subject to late fees and/or finance Total $54,983.62
charges. A Finance charge of 1.5%(18%ANNUM)will be charged on accounts past 30
days.
Bridger Drilling Inc `TI T
r 107 Redtail Hawk Drive jd,k,
Belgrade, MT 59714
Phone (406) 388-7227 Fax (406) 388-1758
info@bridgerdrilling.com www.bridgerdrilling.com
License: well 560 Estimate#1 E+09
Page 1 of 1
HOMELAND DEVELOPMENT Date prepared 11/21/2017 Job Location:
Flanders Mill Phase 5 Irrigation Well
235 Green Hills Ranch Road & Pump,
Bozeman, MT 59718 Estimator: Curt Sampson
Customer Job/Well#
i
Estimate based on the following:
Qty Unit Item/Description Unit Price Extended Price
Drilling
60 Feet 6" DRILLING $22.00 $1,320.00
60 Feet 6" STEEL CASING $14.00 $840.00
1 Each 6" DRIVESHOE $90.00 $90.00
1 Each SURFACE SEAL $75.00 $75.00
1 Each WELL CAP 6" $50.00 $50.00
Total for Drilling $2,375.00
Pumping System
1 Each FE MOTOR 3 HP 230V 3W 1 PH $691.60 $691.60
1 Each GOULDS 2 HP 35 GPM 35GS20 $870,24 $870.24
1 Each FE BOX 2 HP 230V 1 PH STD $199.24 $199,24
1 Each PITLESS ADPT MAASS MIDWEST 2" $315.45 $315.45
1 Each PUMP START BOX 3/4-5 HP MUNRO $64.36 $64.36
43 Each PIPE DROP PVC 2"SCH 80 $2.12 $91.16
50 Feet WIRE 12/3 WG SUB CABLE $1.01 $50.50
100 Feet WIRE 12/3 WG OF CABLE $1.03 $103.00
1 Each TEE GALV 2"X2"X1" $32.08 $32.08
1 Feet AUTO DRAIN 1" FLOWMATIC $41.84 $41.84
1 Each CPLG GALV 2" MERCHANT $8.02 $8.02
3 Hour SERVICE TRUCK $20.00 $60.00
3 Hour LABOR W/2 MAN CREW $130.00 $390.00
Total for Pumping System $2,917.4.9
Total $5,292.49
Accepted Date
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This is an estimate, not a quote and is being provided prior to a site visit.Your actual cost may vary from this estimate.
Thank you for the opportunity to work for you.Price valid for 30 days.
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