HomeMy WebLinkAbout11-13-19 Public Comment - D. Cape, Jr. (with East Main Investments, LLC) - East Main Highland Intersection AccountingNovember 13, 2019
East Main Investments, LLC
1276 North 15th Avenue, Suite 104
Bozeman, MT 59715
Mr. Chris Saunders
Community Development Manager
City of Bozeman
20 East Olive St., 1st Floor
P.O. Box 1230
Bozeman, MT 59771
Re: Reimbursement Request – Impact Fee Payment Agreement
Improvements to Intersection at East Main St. and Highland Boulevard
Dear Chris,
I hope this letter finds you well. I am writing to request the impact fee reimbursements related to the
improvements made to the East Main Street and Highland Boulevard intersection associated with the
Blackmore Marketplace Site Plan #16531.
As you will recall, there was an Impact Fee Payment Agreement as amended associated with these
improvements. The Impact Fee Payment Agreement provided for an impact fee contribution on behalf of the
City of Bozeman in the amount of $120,000. In addition, the City Commission authorized an additional
$130,000 during their meeting on August 12, 2019 which is reflected in the amendment.
I have summarized the costs associated with the improvements to the intersection below.
Engineering (Design and Construction Administration) $160,641.15
Northwester Energy (Pole Relocate) $29,651.00
Walker Excavation (Civil Construction) $1,246,452.00
Total $1,436,452.15
In prior conversations, you had asked to have any improvements associated with access to the Blackmore
Bend site deducted from the project total. We have conferred with both the project engineers and the civil
contractor and they have agreed to the following deductions for these improvements.
Engineering $5,019.12
Civil Construction $48,701.00
Total $53,720.12
Therefore, the total cost of improvements that we have determined to be capacity related total
$1,382,732.01.
For your convenience, I have attached the following documents related to the intersection improvements
and the associated agreements.
• Final Accounting of Costs of Improvements with Associated Invoices
• Engineer’s Diagram of Blackmore Bend Access related improvements
• Civil Contractor’s Breakout of Capacity vs. Access related improvements
• Impact Fee Agreement with Addendum
• Improvements Agreement Security Release Application
It is my understanding that Morrison & Maierle has submitted their formal sign off on the satisfactory
completion of the improvements and City of Bozeman Engineering Department has made their final
inspection and all punch list items have been corrected.
I am happy to answer any questions or provide any additional information that you might find helpful after
reviewing the attached documents. I can be reached by phone at 406.579.2316 or via email at
dcape@jwtcompanies.com. I wish to thank you advance for your assistance with this.
Take care,
Don Cape, Jr.
East Main Investments, LLC
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Highland Boulevard & Main Street - Improvements
Design & Cost Breakout
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Total Cost Heebs Exclusive
Cost
Total Cost
less Heebs
Morrison Maierle (Intersection Design)$160,641.15 $5,019.12 $155,622.03
North Western Engergy $29,651 $29,651.00
Walker Excavation $1,246,160 $48,701 $1,197,458.15
Total $1,436,452 $53,721 $1,382,731
Highland Intersection Cost Breakout
Date Vendor Inv #Amnt
thru 12/20/18 Morrison & Maierle various $111,533.58
12/28/2018 Morrison & Maierle 190064 $3,906.80
3/29/2019 Morrison & Maierle 190420 $1,178.60
5/31/2019 Morrison & Maierle 190687 $23,237.83
6/28/2019 Morrison & Maierle 190896 $18,346.07
8/30/2019 Morrison & Maierle 191175 $1,057.74
9/27/2019 Morrison & Maierle 191265 $1,380.53
Subtotal $160,641.15
less Heeb's portion ($5,019.12)
M&M total $155,622.03
8/10/2018 Northwestern Energy 340106114 $29,651.00
11/27/2018 Walker Excavation Pay App 1 $93,944.89
12/27/2018 Walker Excavation Pay App 2 $11,576.90
5/24/2019 Walker Excavation Pay App 3 $239,695.10
6/25/2019 Walker Excavation Pay App 4 $560,323.36
8/1/2019 Walker Excavation Pay App 5 $264,406.61
8/31/2019 Walker Excavation Pay App 6 $22,167.78
10/25/2019 Walker Excavation retainage $54,044.98
Subtotal $1,246,159.62
less Heeb's portion ($48,701.00)
Subtotal $1,197,458.62
Total Costs $1,436,451.77
Heeb's portion ($53,720.12)
Total Shared Costs $1,382,731.65
Invoice # :
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Professional engineering services provided for roadway, signal, and lighting improvements design for the intersection of East Main
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Second Addendum to City of Bozeman Impact Fee Payment Agreement for Blackmore Marketplace Building Site
Plan Application 16-531
Page 1 of 2
SECOND ADDENDUM TO CITY OF BOZEMAN
IMPACT FEE PAYMENT AGREEMENT
THIS SECOND ADDENDUM TO THE CITY OF BOZEMAN IMPACT FEE PAYMENT
AGREEMENT dated June 9, 2017 (the “Agreement”) is made and entered into this _____ day of
____________, 2019, 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, 1184
North 15th Avenue, Suite 4, Bozeman MT 59715 hereinafter referred to as “Developer.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. 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 $250,000
$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 $250,000 $120,000.00 in
Actual Project Costs should the allocation of Actual Project Costs between the parties
exceed the allocation of Estimated Project Costs between the parties as shown in
Section 4. As such, if the Actual Project Costs, as determined by the City based on
invoices and other evidence and accepted by the City, are less than originally estimated,
(a) the City will pay $250,000 $120,000.00 of the amount of Actual Project Costs up
to but not to exceed $250,000 $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 $250,000 $120,000.00.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Second Addendum to City of Bozeman Impact Fee Payment Agreement for Blackmore Marketplace Building Site
Plan Application 16-531
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA DEVELOPER (East Main Investments, LLC)
By________________________________ By _____________________________
Andrea Surratt, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney