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Home My WebLink AboutOriginal City Developer Agreement>^^f\V.y*'u*•-.m^0f..<•»•/^vS3CITY OF BOZEMAN IMPACT FEE PAYMENT AGREEMENTTfflS AGREEMENT is made and entered into this 9th day of June, 2017, by and betweenthe CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized andexisting under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,IVIontana, with a mailing address ofPO 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 systemimprovements to benefit its development project Site Plan Development Application 16-531,Blackmore Marketplace Building (the "Development") and the City desires to make availabletransportation impact fees to the Developer to assist in paying a portion of the costs of theimprovements; andWHEREAS, the improvements include design and construction of traffic signalimprovements at the Highland Boulevard and East Main Street intersection and other related streetimprovements; andWHEREAS, the City's contribution of impact fees to the Developer must comply withSections 2,06.1600 through 2.06.1700, Bozeman Mimicipal Code; andWHEREAS, the City has included the improvements in the City's Capital ImprovementPlan; andWHEREAS, the City and the Developer desire to set forth the terms of their agreement inwriting.NOW THEREFORE, In consideration of the mutual covenants and agreements hereincontained, the receipt and sufficiency whereof being hereby acknowledged, the parties heretoagree as follows:1. Incorporation: The foregoing recitals of this Agreement are contractual and are herebyincorporated by reference.!iiIjIPage 1 of 6I{ 2.3.4.5.The Project: The construction of improvements (the "Project") consists of installation oftraffic signal improvements at the Highland Boulevard and East Main Street intersectionand associated street improvements as shown on the Concept Plans and Specificationsattached as Exhibit 1. Prior to construction and any payment by the City Developer mustsubmit to the City Engineering Division a final set of Plans and Specifications for theProject and receive approval of the Plans and Specifications from the City EngineeringDivision. No occupancy of any structure to be built on the Development will be authorizeduntil 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 perthe process defined in the City ofBozeman Design Standards and Specifications Policy.Contracts for Design and Construction of Project: The Developer must retain a licensedprofessional engineer to provide construction inspection and oversight services for theProject and retain a licensed and qualified contractor to construct the Project. TheDeveloper is solely responsible for selection and hiring of the engineer and contractor.Estimated Project Cost and Allocation: The Developer's estimate of the cost of the Projectis $241,781 ("Estimated Project Costs"). An itemization of Estimated Project Costsprovided by the Developer is attached as Exhibit 2. The payment by the City of impactfees will not be based on Estimated Project Costs; rather, payment by the City will be basedon the actual costs ofconsti-uction of the Project as determined by invoices for material andlabor and other evidence ("Actual Project Costs"),For purposes of this Agreement, to establish an understanding between the parties' of eachparty's Estimated Project Costs prior to construction and prior to a determination of ActualProject Costs, the City and the Developer agree to allocate the Estimated Project Costs asfollows:Estimated Developer Costs:Estimated City Costs:TOTAL:$121,781$120,000$241,781Allocation of Actual Project Costs: The Actual Project Costs may be less than or morethan 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 theCity with the remainder of Actual Project Costs allocated to and must be paidby the Developer. Notwithstanding the above, the City will pay no more than$120,000.00 in Actual Project Costs should the allocation of Actual ProjectCosts between the parties exceed the allocation of Estimated Project CostsPage 2 of 6jiII 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 acceptedby the City, are less than originally estimated, (a) the City will pay $120,000.00of 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 Costsincun-ed including any amount in excess of the City's maximum contributionof$120,000.00.6. Project Reimbursement/Inspection/Payment: The City will reimburse the Developer forthe City's portion of the Actual Project Costs only after construction of the Project has beencompleted, the Project has been accepted by the City, and Actual Project Costs (includingevidence of those costs) is provided to the City. As such:a. The City may inspect the Project at reasonable times and the Developer mustnot interfere with such inspections.b. The City will only accept the construction of the improvements upon receipt bythe City of (a) certification by the Developer's licensed professional engineerthat 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 theCity.c. The City will pay the Developer, by single check, the City's portion of theProject's costs no later than thirty (30) days following the City's determinationthe requirements of this Agreement are satisfied.7, Amendment and Waiver: This Agreement may only be amended or modified by a writtenagreement signed by the City and the Developer. No waiver by any party hereto of anyprovision or breach of, or default under, this Agreement shall be deemed to have been madeunless the same is in writing and signed and delivered by the party charged with makingthe waiver, and no waiver of any provision or breach of, or default under, this Agreementshall be deemed a waiver of any other provision or breach of, or default under, thisAgreement.8. Representations and Wan-anties: Each party represents and warrants to the other that:a. Execution of this Agreement does not violate any agreement, bylaw, statute orordinance binding on or applicable to such party; andb. The individual executing this Agreement on behalf of the party is dulyauthorized and empowered to execute this Agreement for the party, andfollowing execution and delivery by both parties this Agreement will be aPage 3 of 61II legally binding obligation of the party, enforceable against the party inaccordance 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 exclusivejurisdiction for any dispute shall be in the Eighteenth Judicial District Court, GallatinCounty, Montana.10. Severability: Each provision of this Agreement shall be considered severable and if forany reason any provision which is not essential to the effectuation of the basic intent of thisAgreement is determined to be invalid, such invalidity shall not impair the operation of oreffect those provisions of this Agreement which are valid.Dated this ';'- L day of_^J^EAST MAIN INVESTMENTS,2017By: Dop^tpe, Managing MemberDated this JJ^day of _^Q£c^^~. 2017CITY OF BOZEMAN^,By: Dennis Taylor, Interim City Manager/Page 4 of 6 Exhibit 1Construction Proposal(attached)/Page 5 of 6 ^w^y.^-A.llslIIIs.SiIllM^^S'S..;^^, ^«^^VNVINOW Nvnazoa 'laayis NIVW '3 tZEtONiaiina aovidiaxyvwgyoiAixov-ia0.'I" Is<caUJII-zsgs2i?^:11io£'-50)u5"E^(U§^u3sE."£u m§3a: a;Ei"sb§s0uE^u?3Ntr'-<^393caVHg/(.•I'&-S,?&ad^gS'K§3"g10"1^7$zs-/.§/^ffl/^"»^sa.'s&^s»»^?^.£^!?^Sls3c^t.(\/?~-\f3«/"<u wCt: 2s'S3Ssss§s:1s»t"-1&is'@;®?"I//A1»sgUlffl£r 2035?s.ss^f5^z?sItiSSJS^imowui^g,E003;s<g,s^^£%iuS 8 S25syi5uuV)sCM^RwCMN??'°in -i;s-t•iu^»^^^/^<./%^•s///h/t{•^^<•-wc/,•f^>h•^^7kB7»^/^/UlI'<j^»/^^//A•Iu\<*.r^y1.'ur71,V'J7•I•Ht«u//^/*/.'?»fe"-,^//?s*f.f•Ih/?^:- (.;. fA //f^ ^ /-^ ,y.yTzsft^3F^'?^^<-'../3..-•y-<r .t,'tw•I^^/<,'/^^"7<<tw((/i&*./M•:;,•'/ttfr!?-A-«^H^'/i03?'/><,»^^te<V.,-/"*,0/1yr^9^^^T<?A;(1;V;,1^?su,Fi61?.*.•^wi!r«^&C3«».<•"(y.?H»x<•<•<r.•^^^/02*-.•f.-s/-.^^co^z s'^i^.•»,t•9sf."t^b\II.:.^.^ '¥•"..i.'<':;!i"•?1-' ':tslt"; • :.\^/iji«-*'Iih.'.•sV-*v•^^fsg/.Ss<T3's-5eiL§§/.^tf/ I1{ai"I!gga<3,-.':-•;•?^¥<^^«c. "S",r\;I .-,•-•,ei',•••I-^•7»^h.^h.^>:•5t4Irii''»•|!^0^:ti .-1 'f^*;^ifc^^lw^^^•y.uerp^rfa.:?/-^'V.I> •.'<**•^f-^-g^v^ =<:<u;^>.'•»•iy-a-Ti/,.;'t Exhibit 2Anticipated Project Costs(attached)iIi;Page 6 of 6•i,^I Exhibit 2BID PRICESlune 2016Montana Department of TransportationPreliminary EstimatePage 1 of 1Project Number: 11415006Project Name: Bozeman - East Main Traffic Impact Study (90° Re-align)UPN Number:Project Length:Design Stage: PreliminaryMilesPrepared By: KUDate:County:District:December 9, 2016GallatinType of Work: Surfacing, Curb & Gutter, Lighting, and SignalsItem NumberQuantityDescriptionUnitG-MatchAverage Bid PricesUnit PriceDollarsAmountAdjusted Unit PricesUnit PriceDollarsDollarsAmountDollars202020353100REMOVE CONCRETESQYDN?21.0$2,105.01$2,105.0C203020100700EXCAVATION-UNCLASSIFIEDCUVDN$3,9f$2,786.0[$10.01$7,000.0(301020340235CRUSHED AGGREGATE COURSECUVDN$26.3$6,183.01$30.01$7,050.013010206251410AGGREGATE TREATMENTSQYDN$0.44$620.0($620.01401020022255COMMERCIAL MIX.PG 64-28TONN$86.13$21,963.0C$21,963.0(4010203004HYDRATED LIMETONN$213.85$855.01$855.01603013453280PIPE.PVC 18 INLNFTN$0.01$60.00$16,800.016030135491CONNECT TO EXISTING PIPEEACHN$552^14$552.01$552.016030142422IADJUST VALVE BOXEACHN5433^6$868.0CSS68.01604000100IAOJUST MANHOLEEACHN5666.74$2,667.0C$2,667.0(6040001403'REMOVE DROP INLETEACHN$983.81$2,951.00$2,951.0C6040102203NLET DROP SPECIAL DESIGNEACHN$3,400,00$10,200.00;$3,100.00$9,300.0160801002012051DEWALK-CONCRETE 4 INSQYON$67.22$8,066.0C$8,066.0(60801011055CONCRETE 6 INSQYDN$76.38$4,201.001$4,201.0C6080101253DETEC WARNING DEVICES TYPE 1SQYD$400A6?1,202.00$1,202.0C60901020080SCURB AND Gun-ER-CONCLNFTN$25.65$20,568.00;$20,568.00609010209152REMOVE MEDIAN CURBLNFTN53.S8SS44.00|$S44.0C6170000004IFOUNDATION-CONCRETECUYDY$1,000.37$4,001.00$4,001.00;6175031302ISIG-TRAF 3 COL.l WAY 12-12-12EACHY$1,068.58S2,137.00|$2,137.00|6175131252ISIG TRAF 4 COL 1 W 12-12-12-12EACHYSl.312,96$2,626.00$2,626.006175530202SIG-PEDESTRIAN TVPE 2EACHv$923.90$1,848.00|$1,848.00,6176955251ISIS STANDARD TYPE 2-A-900-0EACHYSo.oo|$1,600.00$1,600.00|6177810002REMOVE AND SALVAGE MISC ELECTRICALLSN$7,590.48$15,181.00^$15,181.006177830301IREMOVE AND RESET MISC ELECTRICALLSN$3,000.77$3,001.00|$3,001.00,6179032552USH BUnON-PEDESTRIAN-TACTIlEEACHy$1,385.69$2,771.00|$2,771.0061S0300801ITRAFFIC CONTROlLS$21,ll7.00|$21,117.00$15,000.00|$15,000.0061901008610ilGNS.ALUMREFL SHEET IVSOFTY$26.06$261.00]$261.0061901020011ESET SIGNSEACHYS200.53$201.00,$201.006190102101IRESET SIGNS-GUIDEEACHY$785-75$786.0<^$786.006200103011CURB MARKING.YELLOW EPOXYGALYS254.45$254.00|$254.006200112606AfORDS AND SYMBOLS-WHITE EPOXYGAL1$295.94^$1,776.00$1,776.00;G2001126S6•VOROS AND SYMBOLS-YELLOW EPOXYGALY$305.06$1,830.00|$1,830.00^62001395523801EMOVE PAVEMENT MARKINGSLNFTN51.93i$4,593.00$4,S93.00i6200139607.TRIPING-WHITE EPOXYGALY$65.51$459.00$459.0062001496012JRIPING-YELLOW EPOXYGALYS56.12$673.00^$673.006230001551MAILBOXEACHN$205.77$206.00|$206.00^$iso,os2.oq$166,516.0010%Mobilization$15,005.20|$16,651.60,Subtotal$165,057.20]$183,167.60;20%Contingency$33,011.44|$3G,633.52|Construction Total$198,068.M|$219,801.12|10%Construction Engineering$21,980.11|Total$241,781.23|User: Dillon McLainFile Name: P:\Private\MT\aty\Bozeman\11415006 East Main Commerdal\C.Date: 12/12/20169:17