HomeMy WebLinkAboutMitchell appeal materials from applicant.pdf GARY W.WELLAND JARI)INE, STEPHENSON, BLEN'�ETT RETIRED:
JOSHUA I.CAMPBELL JAMES E.AIKEN
J ON T.HOLDEN D_ WEAVER,
J�j R P.C. JACK LEWIS
JOSEPH D.HOUSTON (�(, � L 1
DANIEL T.JONES ATTORNEYS AT LAW ARTHUR G.MATTEUCCI
]ON1.KUDRNA 300 CENTRAL AVENUE JOHN D.STEPHENSON
BRION C.L24DSETH SEVENTH FLOOR,U.S.BANK BU"fNG
SUE ANN LOVE P.O.Box 2269
GEORGE N.McCABE GAT FAL s,MoNTANA$9403-2269
ROBERT B.PFENNIGS TEL:(406)727-3000
BRIAN L TAYLOR
-5419
PATRICK R.WATT FAX: s& 72 rdincl
WARRENC.WENZ E-MAIL: lindsaht?ajardinelaw.com
July 29, 2010
Chris Saunders
City of Bozeman
20 East Olive Street �1 JUG 2 9 2010 J
P.O. Box 1230 !J
Bozeman MT 59771 DEPARTMENT OF PLANNINGANDCOMh"UNiTYDEWLCP RENT
Re: Mitchell Development Group, LLC/The Bozeman Gateway
Impact Fee Credit
Appeal of Administrative Decision
Ladies and Gentlemen:
The purpose of this letter is to appeal from an adverse administrative decision
regarding Mitchell Development Group, LLC's ("Applicant") and The Bozeman
Gateway Development's ("Project") request for impact fee credits or other types of
reimbursement for certain capital improvements and dedications made and installed by
the Applicant.
Factual Background
The Applicant negotiated to purchase approximately 72 acres of real property
near the intersection of Huffine Lane and College Street("Property"). An initial map of
the overall Project is attached hereto as Exhibit A and incorporated herein by this
reference.
In conjunction with Applicant's acquisition of the Property, the Applicant also
negotiated with Montana State University to acquire an easement necessary to extend
Garfield Street from 19t1i to the proposed location of Fowler Avenue ("Garfield
Easement"). The City of Bozeman ("City") had been working to acquire the Garfield
Easement for years with no success, thus, the City was overjoyed when Applicant
succeeded in acquiring the Garfield Easement for the City. The Garfield Easement was
dedicated to the City by Montana State University directly as a part of the Applicant's
acquisition of the Property.
In one of the initial phases of the Project, the City, Applicant and the Montana
Department of Transportation ("DOT") entered into a Memorandum of Understanding,
a copy of which is attached hereto as Exhibit B and incorporated herein by this
Appeal from adverse administrative decision Page 1 of 1$
Chris Saunders
City of Bozeman
July 29, 2010
Page 2
reference ("MOU"). The MOU dealt with the installation and/or improvement of
certain streets and intersections, specifically including but not limited to the
intersections of Huffine Lane and Fowler Avenue, Huffine Lane and College Street,
and Garfield and South 19th. The MOU included the following provision:
"... The City acknowledges and agrees that the improvements to be constructed
by the Developer hereunder will benefit other property owners and the City
agrees that they will cooperate with and reasonably assist the Developer in
obtaining contributions or reimbursements from such benefited property owners
for the costs incurred by the Developer in designing and constructing such
improvements."
Based on the MOU and in conjunction with the City and DOT, the Applicant, at
its own cost and expense,proceeded to:
1. Install the intersection at Huffine Lane and Fowler Avenue;
2. Install all required signals associated with the intersection of Huffine
Land and Fowler Avenue;
3. Modify the intersection of Huffine Lane and College Street;
4. Install the intersection of College Street and South 29`h;
5. Install Fowler Avenue, a five lane minor arterial spanning a distance of
approximately 1,250 feet;
6. Install, extend and widen Garfield Street from South 19`h to Fowler
Avenue; and
7. Modify the intersection of Garfield Street and South 19`h.
As described in the MOU, the Applicant completed, installed and paid for the
improvements to the intersection of Huffine Lane and Fowler Avenue, which are
specifically acknowledged by the terms of the MOU to benefit more than just the
Project. It is also important to note that with respect to at least some of the
improvements described above, the City has already received contributions from other
adjacent land owners designated specifically to pay for the installation of the
improvements made and funded by Applicant. Specifically, pursuant to an
Improvements Agreement for Parkway Plaza Unit Development ("Parkway Plaza
Agreement"), the City and Robert R. Nelson agreed that Mr. Nelson would either install
signals and associated lighting in the intersection of Fowler and Huffine Lane (US
Highway 191) or deposit with the City a total of$76,050.00 for the purpose of paying
to have the improvements installed. The improvements were not installed by Robert R.
Nelson, and instead I believe the City collected the payment referenced above to be
used to pay for the improvements described in the Parkway Plaza Agreement. The
City, however, required the Applicant to install the signals and intersection
improvements described in the Parkway Plaza Agreement which Applicant completed
Appeal from adverse administrative decision Page 2 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 3
without the City offering or providing any assistance despite the specific language set
forth above which was included in the MOU. In fact, as of the date of this letter, the
City has neither offered nor paid to Applicant any of the funds the City has already
collected for the installation of the intersection improvements made by Applicant.
In addition to the street and roadway improvements described above, the
Applicant also installed, at its own cost and expense, a 21 inch sanitary sewer line
running from the north of West Main to the southern edge of the Property to allow
developments to the south to tie into the City's sewer. The 21 inch line installed by the
Applicant dramatically exceeded the capacity required by the Project. In addition, the
City was so anxious to have the sewer line installed, that they hooked on to the south
end of the 21 inch main and extended it southward for the benefit of another
development even prior to the Applicant's dedication of the line to the City.
During the permitting process for Rosauers, the Applicant was advised for the
first time by the City that, despite the terms of the MOU and the specific language
whereby the City promised to assist the Applicant in being reimbursed, if the Applicant
desired to receive reimbursement for its various investments in capital improvements,
the Applicant must file a formal request for reimbursement_ Therefore, by letter dated
October 20, 2006, a copy of which is attached hereto as Exhibit C and incorporated
herein by this reference, the Applicant specifically requested reimbursement for the
investments it had made in capital improvements, infrastructure and dedications. The
plat for phase 1 of the Project, including the dedication of the land under Fowler
Avenue, was thereafter accepted by the City and recorded on or about November 9,
2006.
Thereafter the Applicant provided the City with information regarding the
specific costs associated with many of the capital improvements and dedications
described above with a letter dated January 25,2007, a copy of which is attached hereto
as Exhibit D and incorporated herein by this reference. Applicant's subsequent
discussions with the City resulted in certain areas of agreement. The items on which
the City and Applicant were able to agree are described in a letter from the Applicant to
the City dated November 25, 2009, a copy of which is attached hereto as Exhibit E and
incorporated herein by this reference. Unfortunately, as is evidenced by the adverse
administrative decision from which Applicant now appeals, a copy of which is attached
hereto as Exhibit F and incorporated herein by this reference, the parties were unable to
come to an overall agreement regarding reimbursement or credits against future impact
fees. The remainder of this letter will address the specific issues addressed in the
attached adverse administrative decision.
Appeal from adverse administrative decision Page 3 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 4
Impact Fees:
Although the Applicant is aware of the City's familiarity with the legal basis for,
and limits of, the fees that can be exacted by way of impact fees as well as the expenses
and inconveniences associated with resulting litigation, we believe it may be
appropriate to review the underlying principles behind impact fees and the statutes
authorizing their usage.
The underlying premise for virtually all regulation concerning impact fees is that
the fee or improvements required are valid when they bear a reasonable relationship to
the benefits received by the developer or the proposed project. See Home Builders
Assn. ofDayton & the Miami Valley v. Beavercreek 729 N.E.2d 349 (2000).
Consistently, Mont. Code Ann. § 76-3-510, concerning the requirements that can
be assessed to a specific project for capital facilities, requires in part "... The costs [of
extending capital facilities] must reasonably reflect the expected impacts directly
attributable to the subdivision."
If the application of any particular local rules, regulations, ordinances or
requirements result in a particular developer or project bearing more than its
proportional share of the cost of capital improvements, then such application may give
rise to a claim.
Consistently, Bozeman Municipal Code ("BMC") § 3.24.030 requires in
pertinent part:
"(B) The intent of this chapter is to ensure that new development bears a
proportionate share of the cost of improvements to the city transportation,
fire protection, water and wastewater systems; to ensure that such
proportionate share does not exceed the cost of the transportation fire
protection, water and wastewater facilities and equipment required to serve
such new developments; ... (emphasis added)
(D) It is not the intent of this chapter to collect any money from any new
development in excess of the actual amount necessary to offset new demands
for transportation, fire protection, water or wastewater improvements
generated by that new development."
When a development contributes substantially more to the City's infrastructure
than the burden the particular development causes, then the development should be
entitled to credits against future assessments for such infrastructure in order to maintain
the proportionality embodied in the BMC and required by Montana statutes. The BMC
Appeal from adverse administrative decision Page 4 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 5
grants such credits by and through BMC § 3,24.100 which sets forth certain specific
criteria, however all such specific criteria must be weighed against the overarching
principal of proportionality and should be disregarded to the extent that they would
violate that requirement.
It is also important to note that the version of the BMC that was in effect at the
time of the Applicant's application differs in some respects from the current BMC. One
of those differences is important in this case. At the time of Applicant's initial
application, BMC § 3.24.100 concerning credits against development impact fees was
as follows:
"After the effective date of this chapter, all mandatory or voluntary land or
easement dedications for street, fire protection, water or wastewater
improvements, and all mandatory or voluntary acquisition or construction of
improvements to the major street system or the city fire protection, water or
wastewater systems by an applicant in connection with a proposed
development shall result in a pro rats credit against the development impact
fee for the same type of service or facility..." (emphasis added)
After the Applicant filed its request for credits, BMC § 3.24.100 was amended as
follows:
"After the effective date of this chapter, ail mandatory or voluntary land or
easement dedications for sheet transportation, fire protection, water or
wastewater improvements, and aU mandatory or voluntary acquisition or
construction of capital improvements to the met transportation
system or the city fire protection, water or wastewater systems by an
applicant in connection with a proposed development aha44 may result in a
pro rata credit against the development impact fee for the same type of
service or facility..." (redline added)
The key changes made to § 3.24.100 include the deletion of"all" and the change
from "shall" to "may". Since all applications are to be evaluated under the regulations
in the time they are made, the previous version of the BMC must be used when
evaluating the Applicant's claims and appeal.
Discussion of Issues:
The specific issues associated with the Applicant's request appear to be set forth
in a table included in the City's denial letter attached hereto as Exhibit F ("Table").
These issues will be addressed by the Requested Credit Component as described in the
Table.
Appeal from adverse administrative decision Page 5 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 6
1. Fowler/Main Signal: This Fowler/Main Signal as described in the Table
concerns the costs associated with the signalization and related modifications to
the intersection of Huffine Lane and Fowler Avenue ("Fowler Signal"). The
Fowler Signal is one of the items dealt with in the MOU referred to above. As
described in the MOU, the City was actually the applicant with the DOT for the
construction of the Fowler Signal. As described in the letter attached hereto as
Exhibit E, the cost of installation for the Fowler Signal was $384,579.40.
A. Project Related: The Table indicates that the Fowler Signal would not be
considered capacity expanding. The definition for "Project Related
Improvements" as set forth in the BMC provides in pertinent part that:
"Project related improvements" means ... all traffic control devises for
streets and driveways within the development..." (this provision is
currently located at BMC § 3.24.040(M), however at the time of
Applicant's application, it was located at § 3.24.040(K)).
As you can see from the map included at Exhibit A, the Fowler Signal is
NOT located within the development as described in the above referenced
definition and should therefore NOT be considered a project related
improvement.
Furthermore, as discussed above, the Fowler Signal was included in the 1996
Parkway Plaza Agreement described above which resulted in the City
receiving approximately $76,050.00 from the developer under the Parkway
Plaza Agreement toward the construction of the Fowler Signal. Therefore,
the Fowler Signal should NOT be considered a project related improvement
of the Project.
B. Capacity Expanding: The Table also indicates that the Fowler Signal is
capacity expanding which is consistent with the City's position as described
in the letter attached hereto as Exhibit E. The Applicant and the City agree
that the Fowler Signal was 100% capacity expanding.
C. CIP Listed: The Table indicates that the project was not CIP listed. As
described in BMC § 3.24.040(F), which at the time of Applicant's
application was § 3.24.040(E), describes the CIP or Impact Fee Capital
Improvement Program as the manner in which the City disburses or
dispenses the money accumulated in each respective impact fee fund. We
understand the Capital Improvements Program to be a listing of the projects
that the City believes to be beneficial for the expansion of the City as it may
from time to time be amended.
Appeal from adverse administrative decision Page 6 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 7
The City certainly considered the Fowler Signal to be an important project as
the City required the Fowler Signal in the 1996 Parkway Plaza Agreement
referred to above and was included in the City's 20I20 plan. In addition, the
City was the applicant with the DOT for the installation of the Fowler Signal
as described in the MOU. Obviously if the City applied for the approval for
the Fowler Signal, they were considered important improvements.
Furthermore, as the applicant on the Fowler Signal project, the project was
really the City's own project,but was performed and paid for by Applicant.
It seems that using the City's means of dispensing money from the impact fee
funds as a limitation on the credits that may be granted for capacity
expanding acquisition or construction of capital improvements may, in
certain circumstances, lead to the improper requirement that a developer bear
more than its proportional share of the costs of such capital improvements.
Such a limitation may violate the underlying proportionality requirement of
the statutes authorizing the use of impact fees.
Finally, we are aware that in other instances the City has added certain
projects to the CIP listing based on developers' applications because the
projects fit within the criteria for the capital improvements program whether
or not they were currently represented on the list. Failing to treat the
Applicant in a similar manner would be arbitrary and capricious in nature.
D. CIP Funded: The Table indicates that the Fowler Signal was not CIP
funded. As described above, the City had already received funds pursuant to
the Parkway Plaza Agreement for the Fowler Signal. Additionally, the
Applicant refers the Committee to the Applicant's response set forth in the
CIP Listed section above.
Finally, the Applicant believes that the requirement that in order for a project
to be eligible for impact fee credits, the City must have already allocated
funds for the project does not fit within the statutorily authorized basis for the
assessment of impact fees set forth in Mont. Code Ann. § 7-6-1601 et. sec.
and may violate the proportionality requirement embodied in Mont. Code
Ann. § 76-3-510.
E. Timely Request: The Applicant's request for reimbursement and credits for
various capital improvements Applicant was required to install goes all the
way back to the MOU dated August 25, 2004, which specifically stated:
Appeal from adverse administrative decision Page 7 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 8
"... The City acknowledges and agrees that the improvements to be
constructed by the Developer hereunder will benefit other property
owners and the City agrees that they will cooperate with and reasonably
assist the Developer in obtaining contributions or reimbursements from
such benefited property owners for the costs incurred by the Developer in
designing and constructing such improvements."
The City and Applicant had been in close contact and discussion about all of
the improvements required of and made by the Applicant and the City was
involved each step of the way. Not only was the City the actual party
applying for the permission to install the Fowler Signal, but the city also
designated, monitored and approved all plans and specifications for the
Fowler Signal. The City was contractually obligated as described in the
MOU to `cooperate with and reasonably assist' the Applicant in obtaining
reimbursements. If the City believed that the Applicant should have taken
additional steps necessary to be eligible for reimbursement, the City was
obligated to inform the Applicant thereof. As soon as the Applicant learned
that the City expected additional steps for eligibility for impact fee credits or
other reimbursements, the Applicant filed its formal application as described
above on or about September 27,2006.
2. Fowler Trunk Sewer: The Fowler Trunk Sewer as described in the Table refers
to a 21 inch sanitary sewer line which the Applicant installed from north of West
Main to the southern boundary of the Project ("Sewer Line"). The Sewer Line
extends beyond the southern boundary of the Project and was hooked on to in
order to service other developments to the south of the Project even before the
Sewer Line was dedicated to the City.
A. Project Related: The Table indicates that the Sewer Line may be considered
partially project related. The definition for project related improvements
referenced above states in pertinent part:
"`Project-related improvements' means ... all wastewater lines or
facilities adjacent to, leading to or located within the development and
serving only the development..."
The Sewer Line is certainly not installed to serve only the development in
this case and should therefore not be considered project related.
B. Capacity Expanding: Again the City and Applicant agree that the Sewer
Line is capacity expanding. As is detailed in the letter attached hereto as
Exhibit E which documents the Applicant's discussions with the City in this
Appeal from adverse administrative decision Page 8 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 9
regard, the Applicant and City agree that, based on the Project's projected
use of the Sewer Line, 92% of the Sewer Line exceeds the reasonably
expected usage of the development.
C. CIP Listed: Once again the Table indicates that the Sewer Line was not
`CIP Listed'. The Applicant refers the Committee to the discussion
concerning the CIP list set forth above. Not only did the City approve of the
expansion, the City was so eager to hook up to the Sewer Line expansion that
the connection was made to the Sewer Line expansion even before it had
actually been dedicated by the Applicant to the City. Just as other desirable
capacity expanding projects have in the past, the Sewer Line extension
should be considered to have met the CIP criteria for purposes of granting
impact fee credits to Applicant.
D. CIP Funded: Please see the Applicant's discussion above concerning CIP
listing and CIP funding.
E. Timely Request: The City was aware of, approved of and involved with the
installation of the Sewer Line each step of the way. The Sewer line
demanded by the City exceeded the capacity necessary for the Project by a
mutually agreed 92%. Applicant reiterates the discussion above concerning
the provisions of the MOU and the City's duty to inform Applicant if the
City believed there were any additional steps that the Applicant would be
required to take to obtain credit or reimbursement for the portion of the
Sewer Line that exceeded the Project's reasonable capacity.
3. Fowler Construction: Fowler Construction as described on the Table refers to
the Applicant's construction of a five lane minor arterial running in a slight S-
shape from the intersection of Fowler Avenue and Huffine Lane on the north
border of the Project to the intersection of Garfield Street and Fowler Avenue on
the south border of the Project ("Fowler Avenue"). The costs associated with
the installation of Fowler Avenue were $289,435.75 and were detailed in the
attachments to the letter included herewith as Exhibit E. Fowler Avenue was
designated on the City's 20/20 plan as a minor arterial and the Applicant was
required to construct Fowler Avenue in compliance therewith.
A. Project Related: The Table indicates the construction of Fowler Avenue
may be project related, however the definition of project related provides in
pertinent part:
"Project-related improvements means ... all access streets adjacent to the
proposed development or leading only to the proposed development; all
Appeai from adverse administrative decision Page 9 of 15
Chris Saunders
City of Bozeman
July 29,2010
Page 10
streets and driveways within the development; all acceleration and
deceleration, right or left turn lands leading to any streets and driveways
within the development..."
In this case, Fowler Avenue does not lead only to the development and is in
no way internal to the development as can be seen from the map included
herewith as Exhibit A. Certain portions of Fowler Avenue may be
considered acceleration and deceleration lanes, but a five lane arterial is
certainly not fully project related.
B. Capacity Expanding: The City and Applicant agreed that certain portions
of Fowler Avenue were capacity expanding which is accurately reflected on
the Table. As described in the letter attached as Exhibit E, the City
previously indicated that it believed Fowler Avenue was 25% capacity
expanding. The Applicant, however, believes that, as installed, Fowler
Avenue exceeds the requirements of the Project by more than 25%.
C. CIP Listed: Fowler Avenue was included in the City's 20/20 plan as a five
lane minor arterial. Thus, the City required the Applicant to install Fowler
Avenue to such specifications. Applicant again refers the Committee to the
previous discussions concerning the CIP list.
D. CIP Funded: Fowler Avenue was included in the City's 20/20 plan as a five
lane minor arterial. Thus, the City required the Applicant to install Fowler
Avenue to such specifications. Applicant again refers the Committee to the
previous discussions concerning the CIP funding.
E. Timely Request: As described above, the MOU acknowledged that certain
improvements the Applicant was required to make exceeded the burden
caused by the Project and benefitted other properties. Furthermore, the City
agreed to assist the Applicant in obtaining credits or reimbursements for such
types of expenditures. Applicant refers the Committee to the previous
discussions regarding this issue as set forth above.
4. College/Main Reconstruction: I believe the College/Main Reconstruction
refers to certain off site modifications that the Applicant made to the
intersections at:
i. Huffine Lane and College;
ii. Huffine Lane and Harmon Stream; and
iii. Garfield Street and South 19`h.
Appeal from adverse administrative decision Page 10 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 11
For the purposes of this response, all of the above intersection modifications will
be referred to together ("Intersection Modifications"). As described in the letter
attached as Exhibit E, the costs of these Intersection Modifications totaled
$459,005.42. Each of the Intersection Modifications were off site modifications
made to correct certain dangerous conditions that existed with regard to the
respective intersections.
A. Project Related: The Table indicates that the Intersection Modifications
were all project related. However, the modifications made to the intersection
of Huffine Lane and College were neither located within the bounds of the
Project nor did they directly lead to the Project and were certainly not serving
"...only the development..." as is referenced in the definition of project
related improvements set forth above.
With regard to the intersection of Garfield and South 19`h, the modifications
made were several blocks from the Project. These modifications should
clearly not be considered project related.
The modifications made to the intersection of Huffine Lane and Harmon
Stream do lead to the Project,but are not exclusive to the Project.
In this regard, Applicant would bring the Committee's attention to a recent
decision concerning this issue. The decision was issued in Montana First
Judicial District Court in and for Lewis and Clark County in a case called
Christison v. Board of County Commissioners of Lewis and Clark County,
Cause No. BDV-2006-348. There are currently at least six other similar
cases pending which address the same issue. The issue concerns the ability
of a city or county to require a developer to construct improvements outside
the bounds of their proposed development.
B. Capacity Expanding: The Table indicates that whether the Intersection
Modifications were capacity expanding or not is uncertain. Applicant
certainly contends that improvements to intersections NOT within the bounds
of the Project, and some of which were several blocks from the nearest point
of the Project, are certainly capacity expanding. Please see additional
commentary concerning this issue included above.
C. CIP Listed: The City specifically requested that the Intersection
Improvements be made at significant cost to the Applicant to improve the
traffic flow and safety of the affected intersections. The Applicant worked
hand in hand with the City concerning all of the Intersection Modifications.
The Applicant refers the Committee to the discussion set forth above
Appeal from adverse administrative decision Page I I of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 12
concerning this issue, including but not limited to the City's obligations as
described in the MOU.
D. CIP Funded: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
E. Timely Request: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
5. Garfield Construction: The Garfield Construction described in the Table refers
to the Applicant's installation of the roadway along Garfield Street extending
from South 19th to Fowler Avenue ("Garfield Construction"). The Garfield
Construction was completed at a cost of approximately $1,951,560.16. Only a
relatively small portion of the Garfield Construction was adjacent to the Project
with the majority of the Garfield Construction neither located within nor
adjacent to the Project.
A. Project Related: The Table indicates the Garfield Construction may be
project related, however the definition of project related provides in pertinent
part:
"Project-related improvements means ... all access streets adjacent to the
proposed development or leading only to the proposed development; all
streets and driveways within the development; all acceleration and
deceleration, right or left turn lanes leading to any streets and driveways
within the development..."
In this case, the Garfield Construction does not lead only to the development
and is in no way internal to the development as can be seen from the map
included herewith as Exhibit A and the description above. Thus,the Garfield
Construction should not be considered Project Related.
B. Capacity Expanding: The Table indicates that the Garfield Construction
may not be capacity expanding. Applicant contends that the Garfield
Construction was not located within the Project, and in fact, the majority of
the Garfield Construction was not even adjacent to the Project. The Garfield
Construction certainly expanded the City's infrastructure and traffic capacity.
Please see additional commentary concerning this issue included above.
C. CIP Listed: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
Appeal from adverse administrative decision Page 12 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 13
D. CIP Funded: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
E. Timely Request: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
6. Land for Fowler Avenue: The Land for Fowler Avenue as referenced in the
Table refers to the land dedicated by the Applicant to the City on which Fowler
Avenue was constructed. Originally Fowler Avenue was to run directly from the
northern border of the Project almost straight south to the southern border of the
project. However, when the final plan for the location of Fowler Avenue was
reached, Fowler Avenue ended up bending to the east slightly. Thus, Fowler
ended up being located entirely on land held by the Project and required the
dedication of additional property at the filing and acceptance of the plat for
phase 1 of the Project. The plat for phase 1 of the Project which included the
dedication of the land under Fowler Avenue, was accepted by the City and
recorded on or about November 9, 2006.
A. Project Related: The Table indicates that the land under Fowler Avenue
may be project related and indicates that it was `...mostly provided with
MSU Foundation Annexation". As discussed above, the land dedication for
Fowler Avenue was not made for the exclusive benefit of the Project and the
benefits certainly extend beyond the requirements of the Project. While
certain portions of the land on which Fowler is located may have been
dedicated as a part of the MSU Foundation Annexation, the location of
Fowler Avenue was changed and required that the Project dedicate additional
land on which Fowler would be constructed. As indicated above, the
additional dedication of the land on which Fowler now sits was accepted by
the City and recorded on or about November 9, 2006.
B. Capacity Expanding: The Table included in Mr. Saunders' current letter
indicates that the dedication of the land for Fowler Avenue may not have
been capacity expanding. However, a prior version of the Table provided to
Applicant on or about October 9, 2006 indicates that the dedication of land
for Fowler is capacity expanding. The dedication of land for Fowler Avenue
certainly exceeds any reasonable requirements of the Project. Otherwise, the
Applicant would have retained ownership of the land under Fowler as it did
with other roads which were internal to the Project. For the reasons and on
the basis referred to herein and above, the Applicant agrees with the position
of the City as set forth in the 2006 version of the Table which agrees that the
land dedicated for Fowler Avenue was indeed capacity expanding.
Appeal from adverse administrative decision Page 13 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 14
C. CIP Listed: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
D. CIP Funded: The Applicant refers the Committee to the discussions
concerning this issue as set forth above.
E. Timely Request: The Applicant refers the Committee to the discussions
concerning this issue as set forth above. Furthermore, the Applicant points
out that the Applicant's formal application was filed with the City on October
20, 2006 and the dedication of the land under Fowler was not accepted by the
City and recorded until November 9, 2006.
Applicant has, at times in the past, communicated to the City that Applicant
would be willing to bear more than its proportional share, and up to all, of the costs
associated with installation of Fowler and Garfield. As set forth below, Applicant
remains willing to bear those costs so long as Applicant and the City can reach an
agreement concerning the remaining issues addressed in this Appeal. However, the
extent to which the cost burden placed on the Applicant has exceeded the Project's
proportional share of the capital improvements that Applicant has made to the City's
infrastructure is far greater than Applicant anticipated or intended to bear. Specifically,
the 21" Fowler Sewer installed by the Applicant dramatically exceeds any reasonably
anticipated capacity requirements of the Project. Furthermore, as specifically set forth
in the language of the MOU, the Applicant was relying on the City to provide the
assistance it promised for reimbursement of the costs associated with the installation of
the Fowler Signal. As evidenced by the City's failure to even disclose to Applicant the
existence of the Parkway Plaza Agreement discussed above, the Applicant cannot be
assured of the City's future cooperation concerning promised reimbursements.
Therefore, if the Commission and the City agree to reimburse Applicant for the Fowler
Signal and intersection alterations (cost of$843,584.82 as described in detail in Exhibit
D) and Fowler Sewer Line (cost of $224,615.61 as described in detail in Exhibit E),
then Applicant would be willing to forego the remainder of its claims for
reimbursement or credits which are the subject of this appeal. In addition, even though
the City has apparently already collected funds toward the construction of at least the
Fowler Signal, the Applicant would be willing to accept reimbursement for the Fowler
Signal and Sewer Line by way of impact fee credits to be applied toward the
satisfaction of future assessments.
While the Applicant believes that the information set forth herein and attached
hereto sets forth Applicant's position regarding the various issues addressed, the
Applicant reserves the right to supplement and add to this information from time to
time. Furthermore, the Applicant remains willing and available to discuss any of the
issues referred to herein, provide any additional information that the Committee may
Appeal from adverse administrative decision Page 14 of 15
Chris Saunders
City of Bozeman
July 29, 2010
Page 15
reasonably request and remains committed to working toward a mutually agreeable
compromise and resolution to each of the issues addressed above. Thank you in
advance for your time and attention to this matter.
Very truly yours,
JARDINE, STEPHENSON, BLEWETT &WEAVER, P.C.
By:
Brion C. Lindseth
Enclosures
Appeal from adverse administrative decision Page 15 of 15
CITY OF BOZEMAN
DEVELOPMENT IMPACT FEE
Appeal of Adminstrative Decision
Date Received by City
`Day 'Month Year
Applicant Mitchell Development Group, LLC
Street/P.O. Box PO Box 738
City/State/Zip Great Falls MT 59403
Property Owner Mitchell Development Group, LLC
Street/P.O. Box PO Box 738
City/State/Zip Great Falls. MT 59403
Legal Desc. See attached Exhibit A
Site Address
Project Title The Bozeman Gateway
Project Desc. A 72 acre mixed use commercial and residential phased development.
Reason for Appeal- additional sheets may be attached if necessary.
See attached letter and all referenced and associated exhibits and attachments.
Applicant Mitchell Development Group, LLC 6-28-10
NAME DATE
Property Owner Mitchell Development Group, LLC 6-28-10
NAME
Appeal fee of$500 shall be submitted with this form. Should the appeal be granted
the fee will be refunded.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MONTANA DEPARTMENT OF TRANSPORTATION,
.,F
THE CITY OF BOZEMAN "
AND THE MITCHELL�DEVELOPMENT GROUP, LLC
d
rw
dr
August 25, 2004
2
This Memorandum of Understanding (MOU) by and among the MONTANA
!^'~ DEPARTMENT OF TRANSPORTATION, 2701 Prospect Avenue, P.O. Box 201001,
1 Helena, MT 59620-1001 (STATE or MDT), THE CITY OF BOZEMAN, 411 East Main,
Bozeman, MT 59771-0640 (CITY) and MITCHELL DEVELOPMENT GROUP, LLC,
P.O. Box 738, Great Falls, MT 59403 (DEVELOPERS) sets forth the coordination of the
planning, design, and costs of necessary future access to and construction of roadway
accesses under state jurisdiction, specifically Huffine Lane, to accommodate the safety
of the traveling public and increased traffic flow on such roadways due to the
DEVELOPERS proposed actions.
WHEREAS, the MDT is responsible for planning, designing, constructing, and
maintaining State Highways and roadways and associated transportation facilities,
including associated pull-offs, parking areas, and rest areas for the use and benefit of
the traveling public, in a safe and efficient manner in accordance with Title 23 United
States Codes (U.S.C.) and Title 60, Montana Code Annotated (MCA); and
WHEREAS, the CITY is responsible for planning, designing;constructing, and
maintaining Bozeman City roadways and associated tran6port6tion facilities in a safe
and efficient manner and has overall approval authority for development of the
Bozeman Gateway Mixed-Use Development; and
frj
WHEREAS, the DEVELOPERS have or will Individually proposed and submitted a pre-
application design for a major subdivision sdiath;of Huffirfe Lane which will affect
roadways and streets under the jurisdictan'of th6,MDT and the CITY; and
A.
WHEREAS, the parties mutually ag ee that a cooperative delineation and identification
of the statutory, regulatory and agreduties and responsibilities of the parties is
essential to the overall development Rime ss;
NOW, THEREFORE, the pat,�'s'o s brth the fundamental duties and responsibilities
necessary to accomrtto`ate sgf6ty of the traveling public due to increased traffic
flow on the affected M tand CITY roadways resulting from the DEVELOPERS
proposed actions: y
Xy
1. Design -The DEVELOPERS shall, in consultation with MDT, be responsible for
developing and completing the design of the necessary state roadway
improvements for access to Huffine Lane (P-50) US 191 and College Street(U-
1210). Final design approval will be subject to the reasonable review and
approval of the MDT for all aspects affecting state roadways.
DEVELOPERS will:
Pay for costs associated with the development, design and construction of
the necessary improvements on state roadways related to the proposed
actions of the DEVELOPERS, including any costs related to utility
relocations, environmental mitigation or traffic control. The City
acknowledges and agrees that the improvements to be constructed by the
Developer hereunder will benefit other property owners and the City
3
agrees that they will cooperate with and reasonably assist the Developer
in obtaining contributions or reimbursements from such benefited property
owners for the costs incurred by the Developer in designing and
constructing such improvements.
Develop project geometrics and detailed design in accordance with MDT
Geometric Standards, MDT Traffic Engineering Manual, The Manual of
Uniform Traffic Control Devices and the MDT Road Design Manual.
Comply with MDT application processes for requests for new access or
alteration to existing access. This includes preparing any documents
necessary for compliance with the Montana Environmental Policy Act.
Support and be responsible for the development drainage. Storm water
drainage cannot be discharged upon Huffine Lane.
Provide a set of final plans that have been approved by MDT for the
access and improvements on state roadways;pp br�,to MDT issuance of
any permits. Improvements to the roadways are as,follows:
o A traffic signal at the intersection,c0owler Avenue and Huffine Lane
to include geometric improvernents``and strip ng associated with a new
signalized intersection. '`,
o A 3/ movement (No left turn out) priv4te access (Harmon Stream Blvd.)
intersecting Huffine Lan`e`from tl ePuth between Fowler Avenue and
College Street. Thi W11.; so tnclude geometric improvements and
striping. `fir
t-'1 o Intersection improvgTpnts, Huffine Lane and College Street.
o Intersection,inmproverner}ts at South 19th Avenue and Garfield Street.
o A restrictpt°movettmenf ccess (Right-in, Right-out only) on College
Street. hat includegaassociated geometric improvements and striping.
Y
MDT will: � �
- Rrove MDT data and technical requirements and assistance necessary
for.the development, completion and approval of the geometric and/or
traffie'signal design for necessary roadway improvements.
- As soon as reasonably practicable, review plans, designs and data
submitted by the DEVELOPERS and if found acceptable, approve
individual submissions, insuring all MDT design standards are met.
- Coordinate with the Developer and the CITY in the overall review of the
plans.
CITY will:
Agree to make approvals for the Bozeman Gateway development
contingent on agreed upon design features related to city and state
roadways.
4
Coordinate and consult with the Developer and MDT on review of plans.
- Be the applicant and responsible party for the Fowler Avenue/Huffine Lane
intersection with the traffic signal and associated geometric improvements
and striping.
2. Construction
DEVELOPERS will:
Be responsible for acquiring all permits and authorizations including all
environmental clearances, such as compliance with the Montana
Environmental Policy Act, necessary for the associated roadway
improvements and for developing a plan acceptable to the MDT for those
aspects of the development affecting state roadways.
Submit for MDT approval a traffic control pjatt that is sufficient to protect
the traveling public and maintain traffic flow thrt udKthe construction sites
on state roadways.
Insure inspection services are pr, �jdad'under the supervision of a
licensed professional engineer`Z ing c�struction of the roadway
improvements.
To the extent applicable to its`respofisibilities hereunder, comply with the
Americans With Di al ities`Act(ADA),the Montana Governmental Code
of Fair Practices9 3- U7, MCA, Title VI of the Civil Rights Act, the Civil
Rights Act of 1964 and ali.'her relevant nondiscrimination and labor
statutes, regtji` ti ris°fir prcocedures.
l < Y
Providd MDT a s4bf revised construction plans depicting the as-built
co r ittion fi Mtjc ostation format,
`Instare t raffic signal at Huffine Lane and Fowler Avenue is turned on
and, tional 45 days after the installation of the first signal pole. This
is sutJect to MDT and the City performing their respective obligations
hereunder and subject to events and circumstances beyond the
reasonable control of the Developer (excluding financial).
MDT will:
As soon as reasonably practicable review and approve if adequate the
DEVELOPERS submittals related to the required traffic control plan and
traffic signal control equipment. At the required time conduct signal turn-
on and coordination with other signals.
Request additional approvals or concurrence from the Transportation
Commission as needed, throughout the course of the activities
5
contemplated by this agreement.
- Conduct final inspection of work requiring MDT approval.
Issue approach permits for access to Huffine Lane once all MDT
requirements for the approaches have been met.
3. Modifications and Amendment
This MOU may be modified or amended, in writing, by the mutual agreement of
the parties involved. This MOU is assignable by the DEVELOPERS only upon
the written acceptance of the assignee by MDT.
4. Termination
All parties agree to act reasonably, exercise good faith and due diligence and
move in an efficient and expeditious manner towards development of these
proposals under the conditions specified within this"document. Any party may
terminate this agreement, and all obligations of all parties hereunder, with 30-day
notice in writing to the other parties of the intention to do so. The MOU may not
a,
be terminated once the contract or contracts,.have been,awarded for construction
of the associated highway projects.
6. Governing Law
This agreement shall be goverped b� tthq Ifinis of the State of Montana. Venue
for any litigation will be in Lewis am Clark County, State of Montana. In case of
conflict between the obli fio mpt Jett by this MOU and Montana law then
Montana law will cont 1�
7. Su lementation ° ree
The parties pigte ,thatN4ay be desirable to provide individual or more specific
provisions,-':Whic1i'may6be accomplished through the execution of supplements to
this ag�ree"e'm nt as',rjeeded.
Approved for Legal Sufficiency
Date: 0 By;
M tana Departme of Transportation
(; (�2 C
Dater By: .
Montana Department of Transportation
Date: September 20, 2004 By:
City of Bozeman
6
SIGNATURE PAGE —Mitchell Development Group LLC
By:
Mitchell Development Group, LLC-)
Manager
Date:
State of Montana
County of Gallatin
This instrument was acknowledged before me on 5� - n- Q4 by
Theodore J. Mitchell as Manager of the Mitchell Development Group LLC.
Notary Public-of Montana
My commission expires' {_
f�
s�
mllt' hill
C
Develop up
cornmercial real estate development
October 20, 2006
Chris Saunders VIA: OVERNIGHT MAIL
20 Ea>K6hve Street
1?9��Box 1230
meman, MT 59771
r
.Re: Supplemental information to the Development Impact Fee Credit equest filed with the
City of Bozeman by Mitchell Development Group, LLC
Dear Mr. Saunders:
This letter accompanies a Development Impact e redit Request ("Credit Request") that
Mitchell Development Group, LLC ("MDG") has file w th City of Bozeman ("City") requesting
credits that may be applied against development im act s (" its"). This letter sets forth both the
location of certain credit items and descriptions e s and facts that create a qualification for
Credits sought through the Credit Request an 11 co titutes a part of the accompanying Credit
Request submitted in compliance with Boze 'cip Code section 3.24.100(B).
MDG's Credit Request oribi a ith relates back to the Memorandum of Understanding
between the City, MDG and the M to p ent of Transportation ("MDT"), a copy of which is
attached hereto and incorpo d x th redit Request by this reference ("Memorandum of
Understanding"). The Mem um derstanding was signed and dated August 25, 2004. The
Memorandum of Unders in the following provision:
The ty ckn ledges and agrees that the improvements to be
constructe the veloper hereunder will benefit other property owners
and the City s that they will Cooperate with and reasonably assist the
Developer in taining contributions or reimbursements from such benefited
property owners for the costs incurred by the Developer in designing and
constructing such improvements..."
Location of Credit Items.- The location of the credit items for which the Credit Request is filed
are as follows:
1. The land MDG purchased that will be dedicated to the City for Garfield Street and Fowler
Avenue("Dedicated Land");
2. The easement MDG provided to the City in order to allow the installation of Garfield Street
all the way to South 190'Avenue("Garfield Easement")-
P.O.Box 73B,Great Falls,MT 69403 Ph.406 76.4400 Fax 406 761-t401
Saunders
* City of Bozeman
l Page 2.
3. The extension of a 21 inch City trunk-line sanitary sewer by burrowing a distance of
approximately 140 feet north to south under West Main and extending the line an additional
1250 feet along Fowler Avenue to Garfield Street which the City has alydady authorized
further extensions to provide city services to users and other developments in southwest
Bozeman;
4. The planning and construction of Fowler Avenue,a five-lane minor arterial, extending south
from West Main to Garfield Street a distance of 1250 feet;
5. The planning and construction of Garfield Street from Fowler Avenue east to South 19`h
Avenue, a distance of approximately 1 mile, all of which was expanded to a collector status
in anticipation of the transportation system growth in West ti man;
6. The reconfiguration of the West Main/College Street ' cti that has resulted in the
elimination of a dangerous right lane sling sh veme West Main onto College
Street;and
7. The revamping of the West Main/Fowler '`' a int ction that included the installation of
a new traffic signal, the widening of er P of West Main and the construction of a
right turn/deceleration lane for to '§Es on West Main turning south on Fowler
Avenue.
Description of the Basis and b is and facts upon which MDG requests Credits are
as follows:
Mont. Code Ann. § 7 - 03( vides for a governmental entity or the City to"... accept the
dedication of land or the con on of tic facilities in lieu of impact fees if
a. n for dedication or construction is clearly documented pursuant to 7-6-
16
b. The roposed for dedication for the public facilities to be constructed is
determ "ed to be appropriate for the proposed use by the governmental entity;
c. Formulas and procedures for determining the work of proposed dedications or
constructions are established as part of the impact fee ordinance or resolution;and
d. A means to establish credits against future impact fee revenue has been created as
part of the adopting ordinance or resolution if the dedication of land or construction
of public facilities is of worth in excess of the impact fee due from an individual
development."
Mont. Code Ann. § 7-6-1601(7) defines a "public facility" as including "... a transportation
facility,including roads,streets,bridges,rights-of-way,traffic signals and landscaping...".
Mont. Code Ann. § 7-6-1603(6)(b) also provides for a governmental entity such as the City
granting credits "... in accordance with a voluntary agreement ... between the governmental
entity and the individual or entity..."such as the Memorandum of Understanding.
Saunders
*, City of Bozeman
l Page 3.
The Bozeman municipal code, section 3.24.100(A)provides that, subject to certain exceptions,all
mandatory or voluntary land or easement dedications for street or wastewater improvements, and
all mandatory or voluntary acquisition or construction of improvements to the major street
systems, shall result in credit against the payment of impact fees.
Land Dedication and Easement Procurement: MDG has, from the planning stages of the
Bozeman Gateway Project, solicited and received the City's continued approval and support for the
dedication of certain land and easements necessary for the construction of Garfield Street and Fowler
Avenue. Prior to MDG's involvement, the City had attempted to obtain the Garfield Easement from
Montana State University which the City believed was needed for improved traffic flow and development
of the area. MDG, by and through negotiations with Montana State University, provided the City with
the Garfield Easement running from Fowler Avenue all the way to South 19`h Avenue. In addition to the
Garfield Easement, MDG has made available to the City the Dedicated Land on which portions of
Garfield Street and Fowler Avenue are located. Both the icated Lan) as well as the Garfield
Easement fall within the definition of a Public Facility. The t at both-MbG and the City see the need
for these dedications is documented by and through the Me to dum of Understanding and the course of
dealings between MDG, the City and others. The C" „MD I d MDT all agreed that the land and
easements MDG proposed to dedicate are appropnatc fot�use by the City, and the City is preparing to
accept these dedications. The fair market value,tif tfe Dedicted Land and Garfield Easement will be
subsequently established by a mutually agreea le'pT. fe praiser.
City Sewer Extension and Constructn of arlield Street and Fowler Avenue: MDG has
extended a 21 inch City trunk-Iine sanitary, sewer burrowing a distance of approximately 140 feet
under West Main and installing aaiAer�1;Z5O feet of 21 inch trunk-line sanitary sewer along Fowler
Avenue to Garfield Street Ogcg agatti, both'MDG and the City agreed that these extensions of the
sanitary sewer lines were needed'ffor the.�southerly expansion of Bozeman and their benefits extend well
beyond the Bozeman Gateway-Prbjcct.,.�Iri fact, the sanitary sewer extensions paid for by MDG, and the
excess capacity thereof''fi'ave already' been used, relied on and expanded by others for the further
development of West'Bozgman, ven prior to their dedication to the City. MDG's extensions of the
sanitary sewer have likel'�;alredy, or will in the future, provide the basis for the City's collection of
m-.
additional fees from others' °'MDG discussed these extensions with the City and received the City's
approval before beginning construction.
MDG has also constructed both Garfield Street and Fowler Avenue with the full approval, input
and knowledge of the City prior to the initiation of their construction. The construction of Garfield Street
and Fowler Avenue was in accord with the City's pre-existing transportation plans. Fowler Avenue is a 5
lane minor arterial running south from West Main to Garfield Street and exceeds the capacity required by
the Bozeman Gateway Project. Prior to the construction of Garfield Street and Fowler Avenue, MDG
completed traffic studies of the area surrounding the Bozeman Gateway Project and presented these
traffic studies to the City for review. The City reviewed and concurred with the findings and conclusions
set forth in these traffic studies in approving Garfield Street and Fowler Avenue_ Although the 5 lane
capacity of Fowler Avenue exceeds the needs of the Bozeman Gateway Project, MDG's traffic studies
indicate that the installation of Fowler Avenue and Garfield Street was necessary to relieve already
�'"� congested traffic flow at the intersections of South 19`s and College Avenue as well as Huffine Lane and
Saunders
City of Bozeman
Page 4.
College Avenue. In fact, the City has already acquired the land necessary to continue the extension of
Fowler Avenue south to serve additional area and developments and likely either has already, or will in
the future, collect fees from other developers and landowners for the improvements and expansions made
by MDG.
Garfield Street runs a distance of approximately one mile extending along the southern border of
the Bozeman Gateway Project, connecting Fowler Avenue to South 19`h Avenue. MDG, with the
assistance and approval of the City, planned and expanded Garfield Street to collector status in
anticipation and accommodation of the increasing traffic volumes, development and expansion of West
Bozeman. The Capacity of Garfield Street again exceeds the needs of the Bozeman Gateway Project and
serves to alleviate the traffic congestion apparent from MDG's traffic study. These Public Facilities will
lead to and connect with other future developments and their benefits-,,again extend well beyond the
bounds of the Bozeman Gateway Project. ,
d,,
The costs of the installation of the City sanitary sewer mai is ands e construction of Garfield
Street and Fowler Avenue total approximately$2,350,000.00'/' °
Traffic Signal and Intersection Upgrades: ,MDG also reconfigured the intersection to West
Main and College Street, revamped the intersection of West Maui and Fowler Avenue including the
installation of a new traffic signal,and the expansi6n of Fovi+ler Avenue north of West Main. All of these
upgrades were done with the approval of aridjri '6.qjOiicWrn with the City. In fact,the City actually filed
application for the approach permit with for'the iiistallation of Fowler Avenue south of Huffine
Lane and for which MDG now seeks �edtts:. Fu�hermore, many, if not all, of these upgrades and
expansions were done on property,but$tde the ,boundary of the Bozeman Gateway Project. The
Memorandum of Understanding confirms-NE and the City's agreement that the benefits of each of
these projects extended well beyond' e'Boze ran Gateway Project. MDG's efforts eliminated potentially
dangerous traffic conditions„relived cc p�estion at these intersections and, as intended by MDG as well
as the City,accornmodate& -ex ion of West Bozeman.
The costs of th%in7nd§'
fI' tions, alterations and installations were approximately$900,000.00.
MDG has and to continue to invest in many other improvements such as streets, sewer
extensions, roads, trails andother necessary upgrades that benefit the Bozeman Gateway Project as well
as the City. MDG is not currently seeking credits for those items of more limited benefit. However,each
of the projects and expansions described above were, from their inception, planned and constructed to
accommodate and facilitate future expansion of the City of Bozeman. Without receiving the Credits
MDG has applied for, MDG, by payment of separately assessed impact fees, would be bearing a
disproportionately high share of the costs incurred by the City in accommodating the development of
Bozeman.
Each of the projects and dedications referred to above fit squarely within the definition of Public
Facilities set forth in Mont.Code Ann. § 7-6-1601. The need for each of these projects and dedications is
clear and from the inception,the City and MDG agreed that these proposed projects and dedications were
appropriate for the proposed use. The projects and dedications provided by MDG and described herein
Saunders
City of Bozeman
Page S.
are exactly the types of projects and dedications for which the State of Montana impact fee statutes
contemplate granting credits and allowing offsets to the payment of impact fees. These projects and
dedications were made with the approval and encouragement of the City and provide for the continued
growth and expansion of West Bozeman in accordance with the City's growth plan. If the projects and
dedications provided by MDG do not warrant the grant of the requested Credits, what possible types of
projects and dedications could qualify?
MDG now seeks the City's assistance as discussed and promised in the Memorandum of
Understanding to obtain credit, contribution and reimbursement for the costs MDG has fronted for the
benefit of and to facilitate the expansion of West Bozeman.
Yours very truly,
Mitchell Devel ent Group LC
eT d J. Mitchel erat Manager
cc: John Davison
Curl Word
., rion Lindseth
ti
CITY OF BOZEMAN
DEVELOPMENT E"ACT FEE CREDIT REQUEST
Date Received
Day Month Year
®Streets ❑Fire ❑Water ®Wastewater
Applicant Mitchell Development Group,LLC
Street/P.O.Box P.O.Box 738
City/State/Zip Great Falls,MT 59403
Owner Mitchell Development Group,LLC
Street/P.O.Box P.O.Box 738
City/State/Zip Great Falls,MT 59403
Legal Desc. Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A Situated in the NW'/.
Section 14 and the NE'h Section 15,T2S,R5E,P.M.M.City of Bozeman,Gallatin County,Montana
Site Address Southeast Huffine Lane and Fowler Avenue
Project Title Bozeman Gateway Project
Project Desc. Mixed-use Development
Reason For Credit Request �Exc ity On-Site Improvements
®Dedications ®Pro' ;A nre OEUSite Improvements
Location of Credit Items Please see the.statementattaefiRLhe ` and tincgrporated herein by this reference.
Description of the basis and facts which create a qujil at r dit
Please see the statement attached here o d' e herein by this reference.
Prepared by: Mitchell Develoriffient Woup.WC
Address O.Box 73 G a F Its 59 -
ore J.Mitchell be first duly sworn upon oath, states that all information
contained in this reque is e,c and complete to the best of my knowledge and all attached
materials and docum " ' and complete.
Subscribed an wo to me this.Cn day of n�O R P, }9,lt"
Notary Publi the State of rnac�\o coo
residing at
My Commission Expires
Reviewed by:
Department
Value of Credits Requested Value.&Credits Approved:
Comments:
Date'Credits Activated
APPROVED:
NAIL FRE DAn
APPROVED:
NA1� ME DATE
The Cily will retain 21/6 of the fees collected for Administrative Costs.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MONTANA DEPARTMENT OF TRANSPORTATION,
e
THE CITY OF BOZOiN,''�
`-
w, AND THE MITCHELL DEVELOPMENT GROUP, LLC
August 25, 2004
2
This Memorandum of Understanding (MOU) by and among the MONTANA
DEPARTMENT OF TRANSPORTATION, 2701 Prospect Avenue, P.O. Box 201001,
Helena, MT 59620-1001 (STATE or MDT),THE CITY OF BOZEMAN, 411 East Main,
Bozeman, MT 59771-0640 (CITY) and MITCHELL DEVELOPMENT GROUP, LLC,
P.O. Box 738, Great Falls, MT 59403 (DEVELOPERS)sets forth the coordination of the
planning, design, and costs of necessary future access to and construction of roadway
accesses under state jurisdiction, specifically Huffine Lane, to accommodate the safety
of the traveling public and increased traffic flow on such roadways due to the
DEVELOPERS proposed actions.
WHEREAS, the MDT is responsible for planning, designing, constructing, and
maintaining State Highways and roadways and associated transportation facilities,
including associated pull-offs, parking areas, and rest areas for the use and benefit of
the traveling public, in a safe and efficient manner in accordance with Title 23 United
States Codes (U.S.C.) and Title 60, Montana Code Annotated (MCA); and
WHEREAS, the CITY is responsible for planning, designing;constructing, and
maintaining Bozeman City roadways and associated transportation facilities in a safe
and efficient manner and has overall approval authority for{development of the
Bozeman Gateway Mixed-Use Development; and. ``,,
WHEREAS, the DEVELOPERS have or will individually proposed and submitted a pre-
application design for a major subdivision south"of,Huffine Lane which will affect
roadways and streets under the jurisdiction of the'°IV#DT and the CITY; and
WHEREAS, the parties mutually agree that,a,cgoperative delineation and identification
of the statutory, regulatory and 4gceed dutie and responsibilities of the parties is
essential to the overall developmentproc gs;
NOW, THEREFORE, the,parti' S setfdrth the fundamental duties and responsibilities
necessary to accommodate the safety of the traveling public due to increased traffic
flow on the affected,MDT aiid QTY roadways resulting from the DEVELOPERS
proposed actions,/,�"
\
1. Design -The QE4LOPERS shall, in consultation with MDT, be responsible for
developing and completing the design of the necessary state roadway
improvements for access to Huffine Lane (P-50) US 191 and College Street(U-
1210). Final design approval will be subject to the reasonable review and
approval of the MDT for all aspects affecting state roadways.
DEVELOPERS will:
Pay for costs associated with the development, design and construction of
the necessary improvements on state roadways related to the proposed
actions of the DEVELOPERS, including any costs related to utility
relocations, environmental mitigation or traffic control. The City
acknowledges and agrees that the improvements to be constructed by the
Developer hereunder will benefit other property owners and the City
3
agrees that they will cooperate with and reasonably assist the Developer
In obtaining contributions or reimbursements from such benefited property
r� owners for the costs incurred by the Developer In designing and
constructing such improvements.
Develop project geometrics and detailed design in accordance with MDT
Geometric Standards, MDT Traffic Engineering Manual, The Manual of
Uniform Traffic Control Devices and the MDT Road Design Manual.
Comply with MDT application processes for requests for new access or
alteration to existing access. This includes preparing any documents
necessary for compliance with the Montana Environmental Policy Act.
Support and be responsible for the development drainage. Storm water
drainage cannot be discharged upon Huffine Lane.
Provide a set of final plans that have been approved by MDT for the
access and improvements on state roadways'prior to,MDT issuance of
any permits. Improvements to the roadways a e.asrfollows:
o A traffic signal at the intersection ofgFowler`Avenue and Huffine Lane
to include geometric improvemets-.and striping associated with a new
signalized Intersection.
o A 34 movement (No left tum out)pnva i"access (Harmon Stream Blvd.)
intersecting Huffine Lane-fro' the,s uth between Fowler Avenue and
College Street. This will"al nflude geometric improvements and
striping. `
o Intersection irn verrlents uffine Lane and College Street.
o Intersection irpp o ement�at South 19'h Avenue and Garfield Street.
o A restricted novement access (Right-in, Right-out only) on College
Street thpq�''includes`pssociated geometric improvements and striping.
9
MDT will:
Pro�wde,MDT�' ata and technical requirements and assistance necessary
for#4,deve%lopment, completion and approval of the geometric and/or
traffic seal design for necessary roadway improvements.
As soon as reasonably practicable, review plans, designs and data
submitted by the DEVELOPERS and if found acceptable, approve
individual submissions, insuring all MDT design standards are met.
Coordinate with the Developer and the CITY in the overall review of the
plans.
CITY will:
Agree to make approvals for the Bozeman Gateway development
contingent on agreed upon design features related to city and state
roadways.
4
- Coordinate and consult with the Developer and MDT on review of plans.
- Be the applicant and responsible party for the Fowler Avenue/Huffine Lane
intersection with the traffic signal and associated geometric improvements
and striping.
2. Construction
DEVELOPERS will:
Be responsible for acquiring all permits and authorizations including all
environmental clearances, such as compliance with the Montana
Environmental Policy Act, necessary for the associated roadway
improvements and for developing a plan acceptable to the MDT for those
aspects of the development affecting state roadways.
f�
Submit for MDT approval a traffic control plan;that is sufficient to protect
the traveling public and maintain traffic flow through the construction sites
an state roadways.
Insure inspection services are prpvlded Under the supervision of a
licensed professional engineer-during construction of the roadway
improvements.
To the extent applicable4o itslbsponslbilities hereunder, comply with the
Americans With DisabiIhi",AcQADA), the Montana Governmental Code
of Fair Practices,49-3-2.07;4Me& Title VI of the Civil Rights Act, the Civil
Rights Act of 1 °
g `r aril=alhother relevant nondiscrimination and labor
statutes, regulation$or procedures.
Provide MDT,
DT asset o revised construction plans depicting the as-built
condition"in Microstation format.
Insure°Ter2onal
Jiffic signal at Huffine Lane and Fowler Avenue is turned on
and op 45 days after the installation of the first signal pole. This
is subject to MDT and the City performing their respective obligations
hereunder and subject to events and circumstances beyond the
reasonable control of the Developer(excluding financial).
MDT wilt:
As soon as reasonably practicable review and approve if adequate the
DEVELOPERS submittals related to the required traffic control plan and
traffic signal control equipment. At the required time conduct signal turn-
on and coordination with other signals.
Request additional approvals or concurrence from the Transportation
Commission as needed, throughout the course of the activities
5
contemplated by this agreement.
-� - Conduct final inspection of work requiring MDT approval.
Issue approach permits for access to Huffine Lane once all MDT
requirements for the approaches have been met.
3. Modifications and Amendment
This MOU may be modified or amended, in writing, by the mutual agreement of
the parties involved. This MOU is assignable by the DEVELOPERS only upon
the written acceptance of the assignee by MDT.
4. Termination
All parties agree to act reasonably, exercise good faith and,due diligence and
move in an efficient and expeditious manner towards development of these
proposals under the conditions specified within this document.,, Any party may
terminate this agreement, and all obligations of all,parties hereunder, with 30-day
notice in writing to the other parties of the intention to do`so.-'The MOU may not
be terminated once the contract or contracts. av8.been awarded for construction
of the associated highway projects.
� f
6. Governina Law
This agreement shall be govemfd by thb la 's of the State of Montana. Venue
for any litigation will be in Lewis and Clam' ounty, State of Montana. in case of
conflict between the obliga 'rrl jr�iposed y this MOU and Montana law then
Montana law will control./.r A
7. Supplementation ofhgreemerit.,
The parties agw' that may be desirable to provide individual or more specific
provisions, wh c"a� Ise accomplished through the execution of supplements to
this agreementas needed.
Approved for Legal Sufficiency
Date: By:
M �tana Departure of Transportation
Date: l b By:
Montana Department of Transportation
Date: September 20, 2004 By:
City of Bozeman
r
0
6
1
SIGNATURE PAGE — Mitchell Development Group LLC
By: O
Mitchell 4Development Group, LLC
Manager
Date: g - 3 d - Oy
State of Montana
County of Gallatin
This instrument was acknowledged before me on by
Theodore J. Mitchell as Manager of the Mitchell Development Group LLC.
Notary Public of,Montana
.,
My commission expires:"'..
t � �
I
EXHIBITD
1
IAMESE AIKEN JA"WE, STEPHENSON, BLEWETT JOHND.SrEPHENSON
GARY W.WELLAND BRIAN L TAYLOR
DONALD J.HAMILTON QWEAVER, P.C.
PATRICK R.WATT
LON T.HOLDEN AT MRNEYS AT LAW WARREN C.WENZ
ION J.KUDRNA 300 CENTRAL AvENuE
BRION C.LINDSETH SEvem FLOOR U.S.BANKBUILOQiG RETIRED:
SUE ANN LOVE P.O.BOX2269 ' JACK L LEWIS
GEORGE N.McCABE GREAT FALLS,MONTANA 59403-2269 ARTHUR G.MATTEUCCI
TYLER G.MOSS TEL:(406)727-5000 K.DALE SCHWANKE
ROBERT B.PFENNIGS FAX:(406)727-5419
E-Mmu lindsethgjardine(aw.com
January 25, 2007
City of Bozeman
Chris Saunders
20 East Olive Street
P.O. Box 1230
Bozeman,MT 59771
Re: Mitchell Development Group, LLC
Impact Fee Credit Request
Dear Mr. Saunders: e
Thank you for taking the time to meet with Mr. Davison and I last month. I am glad to
see that we are able to move in a positive direction. During our meeting, you requested that
Mitchell Development Group, LLC C MDG') provide you with additional information
regarding the costs incurred by MDG in the construction of certain public facilities and making
certain dedications. The detailed information you requested accompanies this letter.
Construction of Garfield and Fowler: A detailed itemization of the costs MDG
incurred to construct Garfield Street and Fowler Avenue is attached hereto as Exhibit A. The
costs described in detail in Exhibit A total $2,240,995.91. MDG is therefore seeking impact
fee credits or reimbursement in that amount for the constriction of Garfield Street and Fowler
Avenue. Please be aware that the total set forth above does not include the cost of the
installation of street lights for which MDG will also be seeking credits or reimbursement.
Construction of Intersections: A detailed itemization of the costs MDG incurred to
construct and improve the intersections along Huffine Lane between and including College and
Fowler Avenues as well as Garfield Street and South 19ffi Avenue and to install a left turn
restrictive device at the intersection of Garfield Street and Fowler Avenue is attached hereto as
Exhibit B. The costs described in detail in Exhibit B total $843,584.82. MDG is therefore
seeking impact fee credits or reimbursement in that amount for the improvement and
construction of the intersections along Huffine Lane and the installation of the traffic flow
improvements at the intersection of Garfield Street and Fowler Avenue.
Dedication of Land: MDG has attached as Exhibit C a detailed summary of the value
MDG is currently willing to accept for MDG's dedication of land for the construction of
Garfield Street and Fowler Avenue. As MDG set forth in its application for impact fee credits
as well as other previous correspondence, MDG requests that the land dedicated by MDG,
which has been accepted by the City of Bozeman for the construction of Garfield Street and
Fowler Avenue, be valued at fair market value. Unless MDG and the City arrive at a mutually
EXHIBIT
agreeable estimate of the fair market value of the land MDG dedicated, then the Bozeman
Municipal Code provides that the fair niarket value may be established by a private appraiser.
Although MDG believes the value of the dedicated land is much higher, for purposes of this
letter and for purposes of this offer only, MDG would be willing to accept a valuation of the
dedicated land based on $8.00 per square foot. NfDG feels confident that the fair market value
of the land as determined by a private appraiser would be far higher than the $8.00 per square
foot MDG is currently willing to accept and MDG reserves the right to seek and rely on a fair
market valise set by a private appraiser in the future. As is more particularly described in
Exhibit C, the value of the dedicated land at 58.00 per square foot is $1,643,016.00. IvIDG is
therefore seeking impact fee credits or reimbursements in that amount for the dedication of the
land on which Garfield Street and Fowler Avenue are constructed.
!Procurement of Easement: In addition to the dedication of the land referred to above,
MDG also procured an easement for the benefit of the City that allowed the construction and
extension of Garfield Street from Fowler Avemie all the way to South 19"' Avenue. MDG
estimates that the value of the easement procured by MDG to be at least 5500,000.00. MDG is
therefore seeking ixlpaet fee orcdits or reimbursements in that amount for the procurement of
the easement allowing the extension of Garfield Street to South I9`h Avenue.
Thus, the total amount for which MDG is currently seeking reimbursement by impact
fee credits or otherwise is as follows:
Construction of Garfield and Fowler.................................................S 2,240,995.91
Construction of intersection at Huffine and Fowler..........................S 843,5 84.82
Dedication of land for Garfield and Fowler ......................................S 1,643,020.00
Procurement of easement for Garfield...............................................S 500,000.00
Total 5—5-227,600.73
I also want to point out that the costs set forth in this letter do not include any
reimbursement for the time, administrative expenses, interest or other costs related to the
availability of capital incurred by MDG in the planning and completing of the projects,
procurements and dedications described above. MDG is currently wilhng_to bear the burden of
these and other costs associated with the public facilities described above, however, if we are
unable to come to a mutually agreeable solution, MDG reserves the right to add those and other
costs and expenses to the amount that MDG seeks to recover.
I will contact you after you have had an opportunity to review-the information provided
with, and attached to, this letter. Thank you in advance for your continued assistance and
cooperation in this matter, and please contact me with any questions or comments you may
have.
Very truly yours,
JARDINE, STEPHENSON,BLEWETT &WEAVER, P.C.
By
Brion C. Lundseth
.:
` �,t,_tcti ` F; 1' .j " & !' ss f•� . �• F/�:,.•,:j.• pi..'.'_�; �.•,i. ..
a' a 2 0 3 3 0 6 a 'l 3 YblGa � P.
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67562 .84
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Statement of Account EXHIBITD
14500
MITCHEL GROUP '' " '`
'��'•" Sime Construction,Inc.
i P.O.BOX 738 MAILING:7720A Shedhorn Dr, PMB140
GREAT FALLS, MT 59403 STREET: 190 Ramshorn Drive
Bozeman, MT 59718
406-582-9841
!Statement of Account as of 12/22/2006
Finance
`Invoice Description Date Charges Credits Charge
i on-Contract
Cash receipt 10/14/2005 0.48
Cash receipt 07/13/2006 0.01
Non-Contract Totals: 0.00 0.49 0.00
�05007-LS BOZEMAN GATEWAY DEVLOPEMENT
i101216 Invoice ell Fo�� /Go w� 08/25/2006 64,064.94
-101434 Invoice 11/30/2006 66,874.75 0;
05007-LS BOZEMAN GATEWAY DEVLOPEMENT Totals: 130,939.", rig 0.00 0.00
'06017-LS HUFFINE SIGNAL IMPROVEMENTS
M101220 Invoice 08/31/2006 7,664,92
1101371 Invoice 10/31/2006 22,001.46
06017-LS HUFFINE SIGNAL IMPROVEMENTS Totals: ' r2 666,40 — 0.00 0.00
Statement T.dls,,; ;; ..•;r 6 9 0.49 0.00
sk.
>j rdia .SAY[
• G'
Outstanding
Current Over 30 Over 60 Over 90 Over 120 Amount
66,874.75 22,001.48 0.00 71,729.86 -0.49 160,605.60
Sime Construction.Inc. 12/22/2006 Page 1 of 1
EXHIBI
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EXHIBIT D
n� ENGINEERS
l
lYl� S�N INVOICE SURVEYORS[ PLANERS
�'+ NIAIERLE t STS
I C. I ENGINEERING PLACE P.O.BOX 6147-HELENA,MT•596N 406.442.305D,FAX:06-442.7862
An Employee-Owned Company TIN 81.0217149
Mitchell Development&Investments Invoice Date: 12/31/2004
P.p. Box 738
Great Falls, MT 59403 Date Written: 1/1 312 0 0 5
Invoice M: 50010 Grp,"
Project M: 3638.002
ATTN. Ted Mitchell
f
Mitchell Dev -The Bozeman Gateway
For professional services rendered through: 1213112404
i
Professional engineering services provided for The Bozeman Gateway-Ga Mai, esign.
Project Ceilirt3;900.00
.A ;x.
Earned invoiced Current
tgl<Da* '�,Prevlously Charges
Labor 53#f03i`fQ 37,400.82 15,602.18
Expenses ; fi 155 2,891.18 1,870.37
Total Cost ;$7,764.55 40,292.00 1.7,472.55
Maximum Fee Exceeded (13,864.55)
Amount Due This Invoice 3,608.00
1
Stratton,Gregory J
Amounts Are nua nnei AavaWa I Innn Aapaiinf ni Inuniro
r y ,9`
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EXHIBITD
NVO f C E ENGINEERS
MORMSoN _
M MAIERLE, INC. 1 ENGINEERING PLACE-P.O.BOX 6147-HELENA,MT S%C0 -406-442a050-FAX:406.444PLANNERS
SCIENTISTS
AM
An Employee-Owned Company TIN 81-0217148
Mitchell Development & Investments Invoice Date: 2/17/2006
P.O. Box 738
Great Falls,MT 59403 Date Written : 2/24/2006
Invoice#: 6024E Grp'
Project #: 3638.002.01
Mitchell Dev-Fowler/Garfield Const >..
For professional services rendered through: 2/17/2006
y
Pmfessional engineering sedvices provided for Fowler/Garfield Consfrslcton< jvrces.
Al
Earnd+`' ' . iced Current
to D2r; jY`„ Previously Charges
•:i., of :+�. '
Labor 78*lO G '..;, 69,097A3 9,OD6.63
Expenses Q,495 fib 8,600.31 1,895.37
i Total Cost r` ;88,599.74 77,697.74 10.902.00
y.
3 - 3p - oG
f
Stratton, Gregory J
AMMLirlf.'ATP.nija nnrl Pnwn6la I Y.nn Rt Inl of lnvniro
EXHIBIT
Change Order
No. ONE (1)
Date of Issuance: April 11,2005 Effective Date:
Project:Fowler Ave.and West Garfield Infrastructure Owner.Mitchell Development Group,LLC Owners Contract No.:
improvements
Contract:Fowler Ave.and West Garfield Infrastructure Improvements Date of Contract February 7,2005
Contractor.Sime Construction Engineers Project No..3538.002.01.050.0310
The Contract Documents are modified as follows upon execution of this Change Order:
Description: Addition of 120lineal feel of 48-inch concrete culvert north of Hufrine Lane for extension of existing
siphon culvert. Including an 8'x8'SD vault and connection to existing siphon culvert.
Attachments: (List documents supporting change):
See Exhibit.A*
CHANGE IN CONTRACT PRICE: CHANGE;it QNTRACTTIMES'
Original Contract Price: Original Contract Times: ❑f'NVorki)ig days ❑ Calendar days
Substantial completion(days or date):
$ 2,033,068.78 Ready for'fihal payment(days or date):
Increase from previously approved Change Orders (IncrWe].JU.Bcrea'se)f from previously approved Change Orders
No. 0 to No. 1 N'C "'`•:.:f =,tit No.
Subst2iujal.i ompletion(days);
S 0 ; Rd ally tcrfnal payment•(days):
Contract Price prior to this Change Order: f' ;C6� act Times prior to this Change Order.
Substantial-completion(days or date):
S 2,033,066,78 't: < Ready for final payment(days or date):
Increase of this Change.Order. (Increase][Decrease]of this Change Order.
a
->' Substantjal completion(days or date):
S 23,500.00 Ready forflnal payment(days ordets):
Contract Price incorporaBng this Change Order. Contract Times with all approved Change Orders:
Substantial completion(days or date):
S_ 2,056 568.78 Ready for final payment(days or date):
RECOMMENDED: ACCEPTE ACCEPTED-
/ J
li
Engineer(AuftTizedSignature) ner(AuthorizsdSignature) Gonlrarc�lor�( 4 frfzedSignature)
Date: 0�5- Date: — �� V Date:
Approved by Funding Agency(If app)icable): Date:
Change Order—Page 1 of 2-•
•H:13638\002-01100CS1ConstructionlPayEsiimateslChange Order-1.doe
All i/05
HIBIT
Change Order
Instructions
A, GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be
incorporated into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or. Contract Times should be promptly covered by a Change Order.
The practice of accumulating Change Orders to reduce the administrative burden may lead to
unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be
addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract
Times, a Field Order should be used.
S. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the dhanges involved and attachments
c w1 •.
based upon documents and proposals submitted by Contractor, or regtaests;from Owner,or both.
Once.Engineer has completed and signed the.form, all copiesshould be sent to Owner or Contractor for
approval, depending on whether the Change Order is a.tr'6. oiler to the Contractor or the,formalization of
a-negotiated agreement for a previously performed changes: Af br-approval by one contracting party, all
copies should be sent to the other party for appro"iaL Er g�ne0 should make distribution of executed
copies after approval by both parties.
If a change only applies to rice or to limes crosscut tl :art of the tabulation that does not apply.
9 Y PP P .. ,P
i
Change Order—Page 2 of 2
K:=8\002-01\D0CS1ConstructionlPayEstimates\Change Order-Mac
011105
EXHIBITD
AMAIERLE,iNr.
MORRISON "°�"
a aylq..•w..+c".y..7 PAGE ONE[1)
FOWLER AVENUE AND WEST GARFIELD INFRASTRUCTURE IMPROVEMENTS
Bozeman,Montana
EXHIBIT A•CHANGE ORDER No.1
OWNER"S NAME AND ADDRESS: CONTRACTOR"S NAME AND ADDRESS:
MITCHELL DEVELOPMENT GROUP,LLC SIME CONSTRUCTION
PO BOX 738 7720A SHEDHORN PMB 140
GREAT FALLS,MT 59403 BOZEMAN,MT 59718
ME .: •r - E3TUMTED
M DESCRIPTION."- '!'' OUANTAY.: UNIT UNITPRICE AMOUNT
1 48-Inch RCP culvert 120 LF $78.00 $9,360.00
2 Precast SD Vault B'xB' 1 EA $8,000.00 S8,0D0.00
3 Pipe BeddmG Material 50 CY $14.80 $740.D0
4 Labor(Large Crow and EgWpmerd) 12 FIR $450.00 $SADb.00
CHANGE ORDER TOTAL. $23,500.00
its•
{
Al.. .. •4��35 r _
ssY
'Al'
h�rt• i i•� .
i
EXHIBIT
Notice of Award
Dated 01/10/05
p,j,ct Fowler Ave. &Garfield St. Wner: Mitchell Development Group,4� ?"nerscontract No.:
Infrastructure Improvements N/A
can"CL Fowler Ave. &W. Garfield St. Infrastructure Improvements Enginee.sProjeo No.:
3638.002.040.03110
Bidder:Sime Construction
Bidder's Address:(send Certified Mail,Return Receipt Requested)
7.720A Shedhom PMB 140
Bozeman, MT 59718
You are notified that your Bid dated January 7, 2005 for the above Contract has been considered. You
are the Successful Bidder and are awarded. a Contract for Fowler Avenue & West Garfield Street'infrastructure
improvements schedules 1,11, III& IV.
(indicate total Work,alternates or secilons or Work awarded.)
The Contract Price of your Contract is Two Million, thirty three thousand sixty eight and 78/100
Dollars ( 033,068.78).
Four copies of each of the proposed Contract Documents except Drawings accomp4hy this Notice of Award.
Four sets of the Drawings will be delivered separately or otherwise m de...available to you immediately.
You must complywith the-following conditions precedent+nhthtn..fifteen days of the date you receive this Notice
of Award.
1. Deliverlo the Ownerfourfully executed counteT.arts vf:ah Contract Documents.
"r•
2. Deliver with -the execoferd Contract 'Ddcuf nts ttfe Contract security Bonds as specified in the
Instructions to Bidders (Article 20), arid. G;erieral Conditions (Paragraph 2.01 and 5.01) and
Supplementary Conditions (Paragraph'SC=2fl1T<:'
3. Other conditions precedent;>
!J
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award and declare your Bid security forfeited.
Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed
counterparts of the Contract Documents.
Mitchell Develo ment Grou C
Owner
0'PlIzet i
ig ature
omt,a�l�
)' e
Copy to•Engineer
Notice of Award='Page 1 of 1
7ist3638%002-ENGldocftpecs\Nobes of Award-5ime.doc
1131/0.5
EXHIBIT
SECTION 00500
AGREEMENT FORM
11
THIS AGREEMENT is dated as of theq day of zr_ in the year 2005 (effective
date), by and between Mitchell Development Group, L.L.C. (hereinafter called OWNER)
and Sime Construction (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as.specified or indicated in the Contract
Documents. The Work is generally described in the Invitation to Bid and is described in
detail in' the Contract Documents and the technical construction drawings. The work
covered under this Contract includes the Fowler Avenge and West Garfield Street
Infrastructure Improvements.
ARTICLE 2 -THE PROJECT
2.01 The Project for which the Work under the or ;tact Documents maybe the whole
fi
or only a. part is generally- described as iike Favuer`lvenue and West Garfield Street
{fop, ue
Infrastructure Improvements. ��
ARTICLE 3 -ENGINEER
a::
3.01 The Project has been designe&fiy 060
:fr 'r,.
Morrison-Maierle, Irgt'.
901.Technology
Bozeman; Montana INC.'
who is hereinafter called EN.GINEE-R and w o is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER.in the-Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
H:136381002-011DOCS1ConsU uction1o05oo.rtf
Page 1 of 9
EXHIBITD
A. All time limits for milestones, if any, Substantial Completion, and completion
and readiness for final payment as stated in the Contract Documents are of the essence
of the Contract.
B. The CONTRACTOR agrees to complete the work within the time(s) specified
herein.
4.02 Days to:Achieve Substantial Completion and Final Payment
A. The work will be substantially complete within 150 calendar days after the
date when*the Contract Time commences to run, as provided in paragraph 2.03 of the
General Conditions, and will be complete and ready for final payment in accordance
with paragraph 14.07 of the General Conditions within 180 calendar days after the date
when the Contract Time commences to run.
4.03 Liquidated Damages.
A, CONTRACTOR and OWNER recognize that ' a is of the essence of this
Agreement and that OWNER will suffer financial loss if tFjerk is not completed within
the times specified in paragraph 4.02 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Cpndipbris. `!•he parties also recognize the
delays;;expense, and difficulties involved in-ptq�itia� in a�legal or arbitration proceeding
the actual`loss suffe-red by OWNER if the>:Ullp�rkz;ts;Adt completed on time.' Accordingly,
�.'•.yk>..f 4. .
instead of requiring, any such proof, C �.: 1 ; ROtind CONTRACTOR agree that- as
liquidated damages for delay (but not a-s.,a• er;alty), CONTRACTOR shall pay OWNER
;..
$500.00 "(Five Hundred and noM.-M�ddal a. for each day that expires after the time
specified in paragraph 4.02 .for �- by 091 Completion until the Work is substantially
fidifi', if CONTRACTOR shall neglect; refuse, or fail
complete. After Substantial COia�p
to complete the remaipAg ,l C, .Within the Contract Time or any .proper extension
thereof granted by 00
ER, CONTRACTOR shall pay OWNER $500.00 (Five Hundred
and no/100 dollars) f :: ch Y that expires after the time specified in paragraph 4.02
o .. Off P P P 9 P
for completion and r6adlffi
ps_for final payment until the Work is completed and ready for
do r.n
final payment'.
B. Liquidated damages for unscheduled employment of the ENGINEER shall be
-paid by the CONTRACTOR to the OWNER as specked in the Bid Form.
ARTICLES -CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of Two million,
thirty three thousand, sixty eight and 78/100 dollars ($2.033,068.78), based on the
H:136361002-OIZOCS1Construc5on10050D.rtf
Page 2 of 9
EXHIBIT D
prices stipulated in the Bid Form and subject to adjustment as provided in the Contract
pocuments.
A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR
agrees that lump sum amount(s) constitute full payment for the work and that these
lump sum amount(s) represent a true measure of the labor and materials required to
perform the work, including all allowances for overhead, profit, taxes, bonds, insurance,
and all other costs for each type and unit of work called for in these Contract
Documents.
B. As provided in paragraph 11 .03 of the General Conditions, estimated unit price
quantities used for bidding purposes are not guaranteed, and determinations of actual
quantities and classifications are to be made by ENGINEER as provided in paragraph
9:08.of the General Conditions. Unit prices have been computed as provided in
paragraph 11.03 of the General Conditions.
f
'ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications.: Payment in accordance with
Article 14 of,"the General Conditions. Applications-,for>Payment,.will be processed by
ENGINEER as provided in the General Gondi'tdoR" 'i fi< other portions of the Contract
l Documents_
1 '
6.02 Progress Payments; Retainage:
A. OWNER shall make:;progress payments on account of the Contract Price on
the basis of CONTRACTOR'S Applrcations for Payment once each month during
jperformance of the Work 'a's provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All
such payments will be measured
:-by the schedule of values established in paragraph
2.07.A of the General Conditi*or in the case of Unit Price Work based on the number
of units completed or, in the event there is no schedule of values, as provided in the
General Conditions:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, in each case, less the
aggregate of payments previously made and less such amounts as ENGINEER
may dete.rmine•or OWNER may withhold, in accordance with paragraph 14.02 of
the General Conditions:
H_Us38%oo2-oiooc.slconstrurUon100500.r f
Page 3 of 9
EXHIBIT D
a. The OWNER shall -retain 5% of the amount of each payment until
final completion and acceptance of all work covered by the Contract
Documents. At any time, however, after the Work has been 50% completed,
as determined by ENGINEER, and if the character and progress of the Work
have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character
and progress of the Work remain satisfactory to them, there will be no
retainage on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed less the aggregate of
payments previously made. Reduction of retainage is at sole discretion of
OWNER. OWNER is-notobligated1c, reduce retainage.
b.' Retainage will be 5% of materials and equipment not incorporated .
in the Work (but . delivered, suitably stored and accompanied 'by
documentation satisfactory to OWNER as provided in paragraph 14.02 of the
General Conditions).
2.- Upon Substantial Completion, OWNER 0:64;.pay an amount sufficient to
increase total payments to CONTRACTOR to 9A),, of"the Work completed, less
such amounts as ENGINEER shall d-et&ft1ine ifn accordance with paragraph
14.02.13.5 of the -General Conditions and-;.less 100% of ENGINEER's estimate of
the value of Work to be completed.>.or,:pooeete'd as shown on the 'tentative list of
items to be completed or correct'" a> C ed to the certificate of Substantial
Completion.
B. CONTRACTOR shall submit.:apoications for payment on the 20t' day of each
month. The OWNER shall ma-ke"Orogress payments on or before the 10u' day of the
month following the CONT,RACTORts application for payment.
5.03 Final Payment
A. Upon final corletion and acceptance of the Work in accordance with
paragraph-14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 1-4.07.
ARTICLE 7 � INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the maximum rate allowed by law at the place of the Project.
I
1 H:\3638\002.01\DOcs\canstruaon\amoo.df Page I
4 of 9
i
r EXHIBIT
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents
(including all Addenda listed in Article 9) and the other related data identified in the
Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied
as to the general, local, and site conditions that may affect cost, progress, and
performance or furnishing of the Work.
C, CONTRACTOR is familiar with and is satisfied as to all federal, state, and
local-L:aws,and Regulations that may affect cost, progress, performance, and furnishing
of the Work. :..
x
D. CONTRACTOR has carefully studied.all: (1) repirf explorations and tests
of subsurface conditions at or contiguous to the, Site aid,all drawings of physical
conditions in or relating to existing surface or subs face ctures at or contiguous to
the :Site (except Underground Facilities) vwhjcffi�;,have been identified in the
Supplementary Conditions as provided in.praa132 of the General Conditions and
(2) reports and drawings of a Hazardc(,us ' vit nn`tental Condition, if any, at the Site
iii fi
which has been identified in the Supple pn to Conditions as provided in paragraph
4.06 of the General Conditions. C0NRTC7R acknowledges that such reports and
drawings are not Contract Docume';s't Ad'bay not be complete for CONTRACTOR's
purposes. CONTRACTOR acknorledg69'that OWNER and ENGINEER do not assume
responsibility .for the accuracy,�ar�cd, pleteness of information and data shown or
indicated in 'the Contrast pocurpen s with respect to Underground Facilities at or
3,.•
contiguous to the site. ' = f
E. CONTRACTOR ( is obtained and carefully studied .(or assumes responsibility
for having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress;
performance, or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by the CONTRACTOR, and safety precautions and
programs incident thereto.
H:13638\DD2-OIZOCSConstrucbon100500.rtf
Page 5 of 9
EXHIBIT
F. CONTRACTOR does not consider that any additional examiriations,
investigations, explorations, tests, studies, or data are necessary for the performance
and furnishing of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors,
ambiguities, or discrepancies. that CONTRACTOR, has discovered in the Contract
Documents, and the written resolution thereof by ENGINEER is acceptable to
CONTRACTOR. ```
J. The Contract Documents are genera(jy sufficient to indicate and convey
understanding of all terms and conditions for piirn`cirnance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTx:R.
9.01 Contents ,,
ilvff., 4r.�t
A. The Contract Document ` ofsist of the following:
a
1. This Agreemen .ages 1 to 10, inclusive);
2. Performp� ce < ortd' (pages 1 to 2, inclusive);.
3. Payment Bond (pages 1 to 2, inclusive);
4. Other Bonds (pages to , inclusive); 1
I
a. (pages to ,
inclusive); I
b. -(pages to ,
inclusive); I
H-.M3MO02-01\DO=Constru cUon�00500.rtf
Page 6 of 9
- l
i`
C. . (pages to ,
inclusive);
5. General Conditions (pages 1 to 44, inclusive);
6. Supplementary Conditions (pages 1 to 12, inclusive);
7. Specifications as listed in the table of contents of the Project Manual;
8. Drawings consisting of a cover sheet and sheets numbered
inclusive, with each sheet bearing the following general title: Fowler Avenue and
West Garfield Street Infrastructure Improvements; (Note: Drawings are not
attached hereto).
9. Addenda (numbers _ to_, inclusive);
10. Exhibits to this Agreement (enumerated afollows):
a. Notice to Proceed (page 1, inclusiveA''
�k A
b. CONTRACTOR's.Bid For l`ri (p es 1`to inclusive);
c. Documentation su;kirrttd =:fr<sr CONTRACTOR prior to Notice of
Award (pages 1 to 2 .iric#udlive);
d. ~ ,.' ;
11. The following wb1ch :ftiby be delivered or issued on or after the Effective
Date of the Agreement and''"1 not attached hereto:
a. W ntt n Afne+nd meets;
b. Work`Change Directives;
C. Change Order{s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article
ttl36381002-011DOCslConstru cBon100500.rtf
Page.7 of 9
. I f
1
D. The Contract Documents may only be amended, modified, or supplemented
as provided in paragraph 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms f
A. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment b a .party hereto of an rights under or interests in the
9 Y Y
Contract will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically,-but without limitation, moneys that may come due
and moneys that are due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by;aaw), and unless specifically
stated to the contrary in any written consent to an ass ent, no assignment will
release or discharge the assignor from any duty or resp' risikiiity under the Contract
Documents.
'4
10..03 Successors and Assigns °
A. OWNER and CONTRACTOf '^e`aCh.`s irrds itself, its partners, successors,
assigns, and legal representatives.to thq,.0 arty hereto, its partners, successors,
assigns, and legal representatives, : L, raspect to all covenants, 'agreements, and
obligations contained in the Contract iDtments.
ty
10.04 Severability r '" >f•-at . .
:g" £�
. ;. < ;
A. Any provision';,<., paty of the Contract Documents held to be void or
unenforceable under any L7v 01`Regulation shall be deemed stricken,.and all remaining
provisions shall. continue tp' e valid and binding upon OWNER and CONTRACTOR,
who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
10.05 Other Provisions
A. The CONTRACTOR agrees to remedy all defects appearing in the work or
developing in the materials furnished and the workmanship performed under this
Agreement during the warranty period after the date of final acceptance of the work by
H:138381002-011DocslconstrucUon100500.rtr
Page 8 of 9
EXHIBITD
the OWNER, and further agrees to indemnify and save the OWNER harmless from any
costs encountered in remedying such defects.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 4 ' copies of this
Agreement. One counterpart(s) has been delivered to OWNER, two to CONTRACTOR,
and one to ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on the date shown on page 1 (which is the Effective
Date of the Agreement).
OWNER: CONTRACTOR:
Mitchell Development Group, L.L.C. Sime Construction
mBy: By:'
n
[CORPORATE SEAL] [ ORPORATE SEAL]
Attest :-Aft�sfi_::.
Address for giving notices: 40A Ai�~dr'�ss for giving notices:
}>
ii..4TI ^:��:•.:
Mitchell'Deveiopment Group, L.L.C. >..<' `` 720A Shedhorn PMB 140
t4:yt
Z,. tN,4.:• .1:tif.
p.C9 3 a�liBozeman. MT 59718
f•IS�C�..
yam•, v\i..+� .
Phone: hid(a Phone: 582-9841
Facsimile: L�2ty O ,s Facsimile: 582-9843
Montana Contractors' Registration No.
END OF SECTION 00500
H:136381002-Oi1)OC%ConshvcUon100500.rtf
Page 9 of 9
EXHIBIT D
PERFORMANCE BOND
Any singular reference to Contractor,Surety,Owner or otherparty shall be eonsidercd plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business)
Sime Construction, Inc. Fidelity and Deposit Company of Maryland
7720AShedhom PMB 140 1400American Lane,Tower I, 191h Floor
Bozeman,MT 59718 Schaumburg, 1L 60196-1056
OWNER(Name and Address):
Mitchell Development Group,LLC
p,O. Box 738
Great fails,NIT 59403
CONTRACT
Date: February 7.2005
Amount: $2,033,-06U0.78
Descriptions(Name and Location): Fowler Avenue 8 West Garfield Street Infrastructure Improvements Schedules],
Il,111&IV
BOND
Bond Number.PRFS707050
Date(Not earlier than Contract Date): February 7 2005
Amount:$2,033,068.78 '
Modifications to this Bond-Form: None
Surety and Contractor, intending to be legally bound hereby,sub3ect.ta the:tern s printed on the reverse side hereof,do each
cause this Performance Bond to be duly executed on its behalf;by its:aWhotrized,dfGcer,agent or representative.
CONTRACTOR AS PRINCIPAL
Company:Sime Construction, Inc'.
Fidelityand Deposit Company of Maryland (Seal)Signature:
Name and Title Sure s Nam and Corporate S al
Signature and Title Peter N.McGee
(Attach Power of Attorney)
(Space.is provided below for signatures ofadd 6onal
parties,if reaui;ed.j Za�
Attest:
Signature and Title Donna K.Tucek; SCM
CONTRACTOR AS.PRINCIPAL SURETY
Company:Sime Construction,Inc.
Signature:_ (Seal) _ (Seal)
Name and Title: Surety's Name and Corporate Seal
By.
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
F]CDC No.C�610(2002Edition)
Originillyprepared through the joint efforts orSurtty Association of America;Engineers loinuContraet Documents Committee,the Associated
Genial Contractors of America,.ond 4hie American-Institute of Architects.
=- EXHIBIT
ADDENDUM NO. ONE(1
CONSTRUCION IMPROVEMENTS
FOR
FOWLER AVENUE AND WEST GARFIELD STREET
INFRASTRUCTURE IMPROVEMENTS
DATE: December 30,2004
BID OPENING'DATE: January 6, 2005
Note:.Bids will be received and office of Morrison-Maierle, Inc., 901 Technology Blvd.,
-Bozeman,MT 59771 until 2:00 p.m., local time on Thursday,January 6,2005.
TO: ALL PLANHOLDERS
;w
The Plans and Specifications for the above captioned project azeeby modified and/or
superseded by this Addendum.
tiyz ,:
Bidders shall note the receipt of the Addendum in tie the provided below, on the Bid
Form in the Pro ect Manual, and on the cov .`:of, e'1 ,o egct Manual:
j q�,. �_.
� fY• :F
A. Plans �.
1. PIan Sheet R-2; Reviiso:�a "r;.:
The Garfield Street P..;atl#1.` olume shall be revised to be 845 cf. The
dimensions of.- a.pond's l be revised to 42xl4xl.5.
.2. Plan-Sh.ee Addition.
A 24"RCP overfT4jow culvert will be added at Station 15+01 with flared end
sections both ends. 'The'culvert will parallel the 30"RCP to be installed at
Station 14+99.
Invert up=4856.14
Invert down=4853.71
Slope=3.24%
Length=75 LF
Modification
At approximate Station 26+00 provide a thickened edge radius approach to
the MSU farm road for traffic support and to prevent damage to the street
pavement.
1
EXHI IT
The 24" steel casing at Station 25+89 is to be installed as follows
Invert out = 4849.38
Invert in=4850.03
Length = 65 LF
Slope= 1.00%
3. Plan Sheet R-4; Addition
A 59"x 36"ARCP overflow culvert will be added at Station 32-34 with
flared end sections both ends. The culvert will parallel the 59"x36" ARCP to
be installed at Station 32+28.
Invert up =4857.61
Invert down = 4856.98
Slope=0.74%
Lent-# = 85 LF
4. Plan Sheet R-5; Modification
The Garfield Street Pond#2 Volume shall be revised to be 1370 cf The
dimensions of the pond shall be'rEv:>sed::to.57xl6k1.5. The outlet pipe shall be
15"PVC:
At approximate Station 4841.0 prGvide a-tuckened edge radius approach to
the MSU farm road for traffic>supert'and to prevent damage to the street
pavement.
S. Plan She et•R-6 uAddition
The GarfelG tree-.bond �3 and corresponding outlet structure shall'be added
as shown one.:ittached exhibit.
6. -Plan Sheet SD-3; 1\'J<odifications,
Pond #1 Fowler Street Outlet Structure: Modify orifice diameter to.be 2.32".
Pond,2 Fowler Street Outlet Structure: Modify orifice diameter to be 2.06".
Pond 43 Fowler Street Outlet Structure: Modify orifice diameter to be 2,06".
Pond 41 Garfield Street Outlet Strcture: Modifv orifice diameter to be 1.64".
Pond##2 Garfiefd Street Outlet Structure: 'Modify orifice diameter to be 1.77".
A
EXHIBIT D
7. Plan Sheet W-3; Modification
Install an 8" cross at Station 15+39 instead of 8"Tee. Extend 46 LF of 8"
water stub to south with end cap and typical blow off.
Replace the 8"cross at Station 25+63 with an 8x10x8x10" cross also replace
the 8"north and south stubs with 10"stubs.
S. Plan Sheet S-1; Addition
Install sanitary sewer stub at Station 13+20 o the east for 1 of
LF and a slope of 1.0% p�" of VKdk -U
9. .Plan Sheet T-2; Addition ` �f j,
Install stop signs on the north and south for the farm.roan crossing at !
approximate Station 26+00.
Install a stop sign at the intersection of Garfield Street and Research Drive
located at approximate•Station 43+.00.
10.Traffic Control Plans; Addition . .
Traffic Control plans (two sheets) for,;FoAr ,venue and Garfield Street.
3. ,Vol
11. Storm Water Erosion Con':'ol '1an
Storm Water Erosion Ppntxi I Fowler Avenue.and Garfield Street.
} fix, < 1`
}. All
B. Project Manual
• •s4•
1. Bid Sheet
Attached is a revised Bid Sheet to replace the existing Bid.Sheet included with
the Project Manual. I
i
:I
EXHIBIT
Issued by Morrison-Maierle, Inc.
Greg J. S tton,P.E.
Project Manager
Bidder acknowledges the receipt of Addendum No. One(1)
Received: ;�/'0 S
(Date)
lam'� � •
(By)
z ^v�
2C
• .sir".';. z<, .
>uir
yAa;.4`f i r
.S
1-313635\00201\DOCS\ADDENDUM NOONEdoc
. 4
EXHIBITD
FOWLER AVENUE AND WEST GARFIELD STREET
INFRASTRUCTURE IMPROVEMENTS
REVISED BID SHEET 2
The Bid for the following items in Schedules I-IV shall be a unit cost bid for all
construction work described in the Contract Documents, unless shown otherwise. The
bid price shall include all temporary or permanent equipment, materials, supplies, and
labor necessary to construct the item in accordance with the Contract Documents.
SCHEDULE I
STREET STORM SEWER AND SITE GRADING RELATED ITEMS
ITEM ; -ESTIMATED UNIT.,
NO. �DESCRIPTLON QUANTITY UNIT ' ` PRICE 'AMOUNT
101 Clearing and Grubbing/Topsoil .Removal and Stockpile 11,600 CYI~' $1.25 $14,500.00
102 Street Excavation/Embankment 29,700 CY $2.25 $66,825.00
(Site Grading)
103 Pit Run Gravel 44,90Q; .' `,.Y CY $8.25 $370,425.00
-1/2 Inch (1-112")Minus Crushed
104 fEOQ, .` CY $14.50 $182,700.00
Base Course
Hot Plant Mix Asphalt Surface
105 Course 7,760`" TON $32.50 $250,250,00
106 Concrete Curb and Gutter 7;800 LF $9.00 $70,200.00
106A Median Curb 750 LF $12.00 $9,000.00
107 Fowler Avenue PoOd#1„ °` 1 LS $2,000.00 $2,000.00
108 Fowler Avenue Poritl2`` ' ' 1 LS $2,000.00 $2,0.00.00
109 Fowler Avenue Pond'it3'.,, 1 LS 1 $2,000.00 $2,000.00
110 Precast Diversion Structure Fowler 1 LS $9,988.10 $9,988.10
Ave STA 8+25
111 Garfield Street Pond#1 1 LS $2,000,00 $2,000.00
112 Garfield Street Pond #2 1 LS $2,000.00 $2,000.00
113 Garfield Sirdet Pond #3 1 LS $2,000.00 $2,000.00
114 12" PVC Storm Drain Pipe 340 LF $30.00 $10,200.00
115 15" RCP Storm Drain Pipe 480 LS $35.00 $16,800.00
116 24" RCP Storm Drain Pipe 260 LF $40.00 $10,400.00
117 18"x 28-1/2"ARCP Storm Drain 66 LF $60.00 .$3,960.00
Pipe-24" Equiv.
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.. EXh
I
ITEM ESTIMATED UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
118 22-112"x 36-1/4"ARCP Storm 180 LF $60.00 $10,800,00
Drain Pipe-30" Equiv.
119 36" RCP Storm Drain Pipe 90 LF • $90.00 $8,100.00
12121 0 30" RCP Storm Drain Pipe 85 LF $62.50 $5,312.50
31"x 51"ARCP Storm Drain Pipe- 90 LF $157.00 $14,130.00
42" Equiv.
122 36" x 58-1/2"ARCP Storm Drain 810 LF $150.00 $121,500.00
Pipe-48"Equiv.
123
54"x 88"ARCP Storm Drain Pipe - 130 LF $362.00 $47,060.00
72" Equiv.
124 Storm Sewer Manhole 1 EA $2,000.00 $2,000.00
125 Storm Sewer Inlet 8 EA $1,750.00 $14,000.00
Connect to Exist 48" RCP Siphon ,
126 Including Removal of Existing 1 LS. !V.53 $13,052,53
Diversion Structure
127 Precast SD Vault 8'x 6' 2 ;EA $9,021.00 $18,042.00
128 Precast SD Vault 8'x 8' 2 '" $9,829.50 $19,659.00
129 Topsoil Placement 11;�O� ` CY'� $2:00 $23,200.00
130 Seeding 1' A `7>'. "LS $5,000.00 $5,000.00
LS $5,000.00 $5,000.00
131 Tree Removal :; >y
Signage-Stop_,No Parking, Bike %'
132 ` ' 9"` EA $350.00 $13650.00
Lane, Street,Traffic
133 Utility Conduits- 12 Inch HDPEs _« 1,265 LF $10.00 $12,650.00
134 Utility Conduits- 18 Inc Hp E "``" 1,265 LF $14.00 $17,710.00
135 Irrigation System Cross ii '-6" F.''` 220 LF $1-5.00 $3,300.00
PVC Schedule 110 -' >
136 Sanitary Sewer Casing Piper 75 LF $150.00 $11,250.00
137 Pavement Markings -4"White 11,750 LF $0.25 $2,937.50
13B Pavement Markings -4" Yellow- 4,975 LF $0.25 $1,243.75
Solid
139 Pavement Markings -4" White- 3,900 LF $0.12 $46B.00
Dashed
140 Pavement Markings -4" Double 3,540 LF $0.45 $1,593.00
Yellow Centerline
141 Pavement Markings - 24"White- 20 LF $18.00 $360.00
Stop Bar
142 Pavement Markings - 24"-White 800 'LF $3.50 $2,800.00
and Yellow
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EXHIBIT
•: 1w
ITEM ESTIMATED7-�UNIT
UNIT
NO. . : DESCRIPTION QUANTITY PRICE AMOUNT
143 Pavement Markings- 8"White 1,000 LF $6.75 $6,750.00
144 Pavement Markings-Words and 375 SF $17.50
Symbols $6,562.50
145 Not Used 0 LS $0.00 $0.00.
146 Remove and Replace Fence to Easement Line 2,500 LF $2.50 $6,250.00
147 AdjusiFire Hydrant 3 EA $1,000.00 $3,000.00
148 Adjust Valve Box 10 EA $250.00 $2,500.00
149 Adjust Sanitary Sewer Manhole 3 EA $250.00 '$750.00
150 Concrete Sidewalk. 6,725 SF $3.10 $20,847.50
151 Concrete Approaches 290 SF $7.00 $2,030.00
TOTAL UNIT PRICE BID—SCHEDULE
-,. $1,450,756.38
Schedule I Total Bid in Figures:
SCHEDULE"l 4 „
SANITARY SEWEEi D�FITEMS
•'..' ..• • .; .. l{{• ••` .•. .may.. .. ..,• - ..
ITEM. UNIT
NO. DESCRIPTLON �}`" "'"QtA1TITY UNIT PRICE AMOUNT-
a;
201 8 Inch Sanitary Sewer �� ?� -�' 170 LF $50.00 $8,500.00
zz ;
V. .OF'::}:Ln
202 .21 Inch Sanitary Sewer` < 1,720 LF $40.00 $68,800.00
203 60 Inch x 5 Foot Se "F,Ie1 10 EA $3,500.00 $35,000.00
204 Modify Existing Manha i:: $'
Connecting to Existing" 1 EA $5,000.00 $5,000.00
60 Inch SS'Manhole-Additional
205 Depth 92.3. VF $200.00 $18,460.00
206 Jack and Bore 36 Inch Casing 140 LF $827.91 $115-1907.40
207 6 Inch Sanitary Sewer Service 1 EA $1,500.00 $1,500.00
TOTAL UNIT PRICE BID SCHEDULE II
$253,167.40
Schedule If Total Bid In Figures:
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Page 7 of 14
} EXHIBIT D
SCHEDULE III
WATER RELATED ITEMS
ITEM ESTIMATED UNIT
NO. DESCRIPTION QUANTITY UNIT' PRICE AMOUNT
301 8 Inch Water Main 5,550 LF $24.00 $133,200.00
302 6 Inch Water Main 160 LF $27.00 $4,320.00
303 10 Inch Water Main 65 EA $35.00 $2,275.00
304 Connection to Existing Main 2 EA $2,500.00 $5,000.00
305 8 Inch Valves 21 EA $1,000.00 $21,000.00
306 8 Inch Cross 4 EA $750.00 $3,000.00
307 8 x.10 x 8 x10 1 EA $1,250.00 $1,250.00
308 8 Inch Tee-All Sizes 19 EA ` ' D0.00 $7,600.00
309 8 Inch Bend 4 EA $250.00 $1,000.00
310 8 Inch End Cap 10 A $250.00 $2,500.00
311 10 Inch End Cap '< `"•<> EA $400.00 $800.00
312 2 Inch Water Service EA $1,500.00 $6,000.00
313 4 Inch Fire Service Line f "° :. : `' EA $1,000.00 $4,000.00
314 Fire Hydrant Settings >"') `Y s EA $2,500.00 $27,500.00
315 Typical'Blow Off 11 EA $1,200.00 .$13,200.00
TOTAL UNIT,PRICE BID—SCFi` UL1 411f
$232,645.00
Schedulelll Total Bid In Figures*
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EXHIBITD
SCHEDULE 1V
MISCELLANEOUS ITEMS
ITEM ESTIMATED ,UNfT
NO. 'DESCRIPTION QUANTITY UNIT PRICE AMOUNT
401 Asphalt Trench Restoration 200 LF $50.00 $10,000.00
402 Underground Facility Crossings 5 EA $2,500.00 $12,500.00
ALTERNATE- Exploration/Extra
403 Work with Mainline Crew and 20 HR $450.00 $9;000.00
Equipment
ALTERNATE- Exploration/Extra
404 Work with Small Crew and 20 HR $250.00 $5,000.00
Equipment
405 Furnish, Erect and Maintain Traffic 1 LS $10,000,00 $10,000.00
Control ..
Fumish,'Erect and Maintain
406 Erosion Control (Silt Fence) 1 LS ?.: $5,000.00 $5,000.00
407 Mobilization/Demobilization 1 LS `• ,:`$ 5,.000,00 $25,000.00
408 Taxes, Bonds and Insurance 1 LS T. $20,000.00 $20,000.00
TOTAL UNIT PRICE BID— SCHEDULE 1V
$96,500.00
Schedule IV Total Bid in'Figures:
REVISED 13 D;SHEET
SUMM.Af ? 6IF CHEDULES
SUMMARY OF SCHEDULES',:,..
Total Schedule I $: 1,450,756.38
Total.Schedule .II $ 253,167.40
Total.Schedule 111 $ 232,645.00
Total Schedule IV $ 96,500.00
HA3638\002-ENGldocslspecs\bid form-contracLrtf
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S�
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EXHIBIT
IMORMSON INVOICE
PL"4m
SURVEYOBS
E SCIENTISTS
1MMIUE, INCI 1 EMINEERINGPLACE•P.O.BOX 6147•HELENA,MT•59604.406-442-SM-FAX:406-442-7862
An Employee-Owned Company TIN 81-0217149
Mitchell rDeve optnent Group, LLC Invoice Date: 12/1/2006
p,p. Box�38
Great Falls, MT 9403 Date Written : 12/18/2006
Invoice#: 61959 Grp:*.*
Project#: 3638.004
Mitchell - Hu me/Folder Intersect
For professional services rendered through: 12/1/2006
't� ..
professional engi eerfng services provided to prepare construction planning&spec ficot for Huffine/Fowlerintersecfion.
Project Ceiin6 $102,956.00
A
Earned `Mkolced Current
to Date, `previously Charges
Labor 83;Q4 . <' 58,363.30 24,681.35
6,52 8 3,011.70 3,515.18
Expenses
Total Cost :1st.. ;r 8.91571.53 61,375.00 28;196.53
Ullman,James A
Amounts Are Due and Payable Upon Receipt of Invoice '
motutla Rf1 flwv�Ck+wrrina Ala Gtiktiae t Tn A:Sanric a llhnma Ai Thn WlAvimu�n 1 cnal.i�ato A9ro. -Ru R1 i_tm ur,e
EXHIBIT
i
A MORRISON Noyernt;ef 13•2006
RAII;RLC,inc.
14W 303e.004.01.050A310
.+.6V+q...m"•ic rR PAGE ONE III
FOWLER AVENUE AND WEST GARFIELD INFRASTRUCTURE IMPROVEMENTS
Bozeman,Montana
FINAL PERIODIC COST ESTIMATE
FOR PERIOD ENDING OCTOBER 31,2006
OWNER"S NAME AND ADDRESS: CONTRACTOR"S NAME AND ADDRESS:
MITCHELL OEVELOPMENTGROUP,LLC SIME CONSTRUCTION
PO BOX 738 7720A SHEOHORN PMB 140
GREAT FALLS.MT 59403 BOZEMAN,MT 59718
CONTRACTTIME: 150 DAYS
WORK TO START: WORK STARTED: COMPLETION DUE:
March 13 2006 March 13 2006 July 13,2006
SCHEDULE 1
.- "ORIGINAL PROPOSAL:•' PERFORMED TO DATE
ESTIMATED t
M11SCRiPTION OUANTIIY UNIT UNIT PRICE AMOUNT QUANTITY AMOUNT %
100 REMOVE SIDEWALK 246 -SY 515.00 $3.690.00 246.0 $3.690.0 100%
10i REMOVE CURB&GUTTER 631 LF• S6.00 S3,786-00 650.0 S3,900.0 103%
102 EXCAVATION-UNCLASSIFIED 1.121 CY $17.50 S19,517.50 1,121.0 Si9,617.5 100%
103 EMBANKMENT IN PLACE 391 CY S20.00 391.0 $7,820.0 1001%
104 TOPSOIL,SALVAGING 8 PLACING 400 CY S12.50 ``$5,000.00 400.0 S5.000.0 100%
105 CRUSHED AGGREGATE COURSE 3.243 CY $22.50q7;50 3,243,0 $72,967.5 100%
106 COVER MATERIAL GRADE 4A 337 I TN $65.00 :E f g'1.9${'00 364.0 $23,660,0 ' 108%
107 DUST PALLIATIVE 39 TN $130.00 F5,00J.00 39.1 S5,083.0 100%
l08 PLANT MIX BIT SURF,GER.D.INCLUDES PG 64.28 1,750 TN... 5S5100 $96250.00 1.286.0 S70.730-0 73%
109 WA 50.00 0.0 '50.0 0%
1.10 EMULSIFIEDASPHALTSS-1 203 'GA °•;.:S7:54:,` S1,522.50 234.2 51,756.5 115%
111 EMULSIFIED ASPHALT'CRS-2P �9:a. _ �y�`;yA3D.17fY $3,784.00 0.0 $0.0 0%
112 RCP ARCH 44 INCH,CL 3 $SQb.00 $3.000.00 9.0 S4,501).0 150%
113 51DEWALK,'CONCRETE4' 1;353 $f' $57.50 $77,797.50 999,0 S57,442.5( 74%•
114 TRAFFIC CONTROL(NO BID) 0`:;5:, t)A. S0.00 SO.001 0.0 S0.0 0°.6
115 CURB-CONC ;1„321''4< IF S17.50 S23,117.50, 1,809.0 S31,657.5 137%
116 SEEDING AREA NO 2 ."AC $Z,000.00 Si,500.00 07S St.
500.0 100%
117 MOBILIZA710N ?E3ji LS $25,000.00 S25,000.00 1,0 $25,000.0 '100%
.247 CURB MARKING-YELLOW EPDXY S>. 6 GAL $0.00 0.0 $0.0 0%
FIBER OPTIC 1 LS I 57,600,00 $7,600.00 1.0 57,600. 100°b
WATER MAIN EXTENSION 1 LS $6,5D0.00 $6.500.00 1.0 $6,500. 100%
PAVEMENT MARKINGS 1 L$ 534,630Ao 534,630:00 ";1t0�'--''� 534,630. 100°,4
SCHEDULE 1 SUBTOTAL ">i%; S38S,966 5D $383;054.50 99
PROJECT TOTALS I $385,966.50 $383,054.50 99%
CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that: (1)allprevious progress payments received from OWNER on account of worlik done
undar•ths contract referred to above have been applled to discharge In full all obligations or CONTRACTOR Incurred in connection with Work covered by prior
Applications for Paymem number 1 through 1 Inclusive;(2)litie to all Work,materials and equipment incorporated in said Work or otherwise listed in or covered
by INS Application for Payment will pass to OWNER at time of payment free and dear of all liens,claims,security interest and encombrances(except such as are
covered by Bond acceptable to OWNER indemnifying OWNER against any such lien,claim,security interests or encumbrance)(3)all Work covered by this Application
for Payment is in accordance with the Contract Documents and not defective as that term Is derided in the Contract Documents;and(4)there are no daims for extra
work,delays,omitted items or of any nature against the OWNER or ENGINEER net set forth herein unless expressly stated otherwise In this Application of Payment
NAME OF CONTRACTOR Sime Construction SIGNATURE`���� DATE: ), / / CA-
OWNER; Mitchell Development Group,LLC SIGNATU DATE:
� qq
ENGINEER; Morrison-hialerle,Inc. SIGNATURE DATE: �( V
EXHIBIT
FINAL PERIODIC COST ESTIMATE PAGE TWO(2)
Novembet 13,2006
OWNER'S NAME AND ADDRESS:
MITCHELL DEVELOPMENT GROUP,LLC
PO BOX 738
GREAT FALLS,MT 59403
TOTAL AMOUNT EARNED TO DATE............................................ $383,0S4.50
LESS DEDUCTIONS
(1)RETAINAGE-5% $0.00
(2)LIQUIDATED DAMAGES $0.00
#198' 384,223.67 (3)OVERTIME ENGINEERING f0.00
5200' $83.17250
2031 5185,991.93 TOTAL AMOUNT DEW=- D 50.00
TOTAL AMOUNT OUE$�ED.T0 DATE.....................�... ....... $383,054.50
TOTAL
s..;
S353.388.10 LESS PREVIOUS PA.'Y' JTS,,•.:,1•f':........__......... ........................... $353,380.10
:W* ter,
AMOINTD`,,CONTRACTOR THIS PAY ESTIMATE................._ 429,666.411
(REMI7j1yG7AINAGE TO DATE)
,.�•:
' r����o. f/�� YU�•.•• o-
f,
EXHIBIT D
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM: Sime Construction, Inc.
(Name of Contractor)
TO: Mitchell Development Group, LLC
PO Box 738
Great Falls, MT 59403
REFERENCE CONTRACT NUMBER entered into the 17th day of April,
2006, between the Mitchell Development Group, LLC, and Sime Construction, Inc. ,
(Name of Contractor)
of Bozeman, MT for the purpose of
(City) (State)
Huffine Lane Intersection Improvements
(Type of Operatics '
within the limits f of the City of Bozeman.
KNOW ALL MEN BY THESE PRESENT:$:
y r VW
1, The undersigned.hereby cerh es4NhAihA is due from and payable by the Mitchell
Development Group, LLC,to3efractor under the Contract and duly approved
Change Orders and modific. a +xe balance of$29,666.40.
2. The undersigned: urther ies that in addition to the amount set forth in
Paragraph [, them ire°op an ding and unsettled the following items which he
claims are just and dt�e owing by the Mitchell Development Group, LLC:
(a) None
(b)
(c)
(d)
(Itemize claims and amounts due. If none, so state)
Contractor's Certificate and Release—Page 1 of 3
H-.=38W02-ENG%docs1CerUfica1e and Release.doc
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EXHIBIT
3. The undersigned further certifies that all work required under this Contract including
work required under Change Orders numbered: , and , has
been performed in accordance with the terms thereof, and that there are no unpaid
claims for materials, supplies or equipment and no claims of laborers or mechanics
for unpaid wages arising out of the performance of this Contract, and that the wage
.rates paid by the Contractor and all Subcontractors were in conformity with the
Contract provisions relating to said wage rates.
4. Exceptforthe amounts stated under Paragraphs I and II hereof, the undersigned
has received from the Mitchell Development Group, LLC, all sums of money
payable to the undersigned under or pursuant to the above-mentioned Contract or
any modification..or change_thereof.
5. That in consideration of the payment of the amount stated in Paragraph I hereof the
undersigned does hereby release the Mitchell Development Group, LLC, from any
and all claims.arising under or by virtue of this Contract, except the amountlisted in
Paragraph II hereof, provided, however, that if for any reason the Mitchell
Development Group, LLC, does not pay in full the:,�gmount stated in Paragraph 1
fn c
hereof, said deduction shall be automatically in.clodbd...vnder Paragraph it as an
amount which the Contractor has not released ii yv01' release the Mitchell
Development Group, LLC, from any and all claims ofnyiature whatsoever arising
out of said Contract or modification thereof, Ad will execute such further releases
y... «
or assurances n-<.6 as�the.Mitchell Developme 'LLC, may request. Further, in
:r
consideration of the payment of,th a ot]#,t %ted in Paragraph I hereof, the
undersigned agrees to hold the'Ma ch .Nv' pment Group, LLC, harmless from
any and all costs, liability or expepsevf any kind in any way arising out of the
contract referenced herein, c san !.sii�catitracts awarded pursuant thereto.
S'':
-IN WITNESS WHEREOF, the und;i-arsS'ned has signed and sealed this instrument this
_0 day of /mil: U. 2{ OG
�' Sime Construction, Inc.
Sh3'
\ _ (Contractor)
(Signature)
(Title)
being first duly sworn on oath, deposes and
says, first, that
he is the CO 16s of the Sime Construction, Inc.
(Title) (Name of Company)
Contractor's Certificate and Release Page 2 of 3
HA36381002-ENG\docs\Certl1icale and Re{ease.doc
11/13/06
EXHIBITEY
second, that he has read the foregoing certificate by him subscribed as
(Title)
of the Sime Construction, Inc.
(Name of Company)
Affiant further states that the matters and things stated therein are, to the best of his
knowledge and belief, true.
(Signature)
Subscribed and sworn to.before me this T , day of -6�� ' , 20�,
My commission expires
- ..
(P , SEA
�(. OF 140
>,`rs
F
Contractor's Certificate and Release—Page 3 of 3
HA363810o2-ENG\docslCerlUicale and Release doc
11l13l06.
_S 1 - 7f (A
i
j
AGREEMENT FORM
THIS AGREEMENT Is dated as of the 17`t'day ofApril in the year 2006 (effective date),
by and between Mitchell Development Group, P-O. Pox 738, Great Falls, MT 59403
( (Hereinafter called OWNER) and Sime Construction, Inc., 77.20A Shadhorn Drive,
PM8140, Bozeman, MT 59718. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follbvvs;
ARTICLE 1 - 'WORK
1 .01 CONTRACTOR shall complete all Work as specifie' 'indicated in the Contract
Doeurnents. The Work is generally described as folloLvs:
iHuffine 4ane Irtem.actior, :mprovament <, <
ARTICLE 2 - THE PROJECT }�
2.01 The Project for which the AAti�'Jrk.U'hde'Ahe Contract Documents may be the whole
or only a part is generally descrfbed'as-oliows:
Construct Huffine:LanaIntai' ection Impravemants as par attached propose!daiad
Ssptambar 7, 2aQ
N
ARTICLE 3 - ENGMEER
3.01 The Project has been designed by;
Morrison-Maierle, Inc.
P,O, Box 1 113
Bozeman, MT 59718
who is hereinafter called ENGINEER and who is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with the completion of the Work
in accordance with the Contract Documents.
I
Page 1 0� 7
EA-HIBIT
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for milestones, if any, Substantial Completion, and completion
and readiness for final payment at stated in the Contract Documents are of
the essence of the Contract, Substantial Completion is October 15, 2006.
-In no event shall any contract work including bur not limited to requirarnenis
of the state of Montana carry over beyond the preeeeding date.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion oft :e111lork in accordance with
t funds a ua! to the sum of
the Contract Documents an amount in ¢urrap q
Three Hundred Seventy One Thousand E6t ' undred Sixty Six and 50:100
dollars ($371,866:50), based on the
pri, 9sa&tJputafrc3 in the Bid Form and subject to
adjustment as provided in the Contrary Di'zirflmnl'1 .
A. CONTRACTOR agrees t; at.Aurr %suiil"amount(s) constitute full payment for
the work and that these lump sum>; M:6:.Wntfsl represent a true measure of tha labor and
materials required to perform the W rk`Including all allowances for overhead, profit,
taxes, bonds, insurance, apd al.' th4pFbosts for each type and unit of work called for in
these Contract Doc-Lime
B. Estimated unit plies cfi antities used for bidding purposes are not guaranteed,
and determinations of ix ual quantities and classifications are to be made by
ENGINEER,
ARTICLE 6 - PAYMENT PR0051DURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment and will be submitted
on the 251 of each month and will be processed by ENGINEER. Payment by the
OWNER will be made to the CONTRACTOR by the 10" of the following month.
ARTICLE 7 - INTEREST
Page 2 of 't
EXHIBITD
7..01 All moneys not paid when due shall bear interest at the maximum rate allowed
by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes
the following representations:
A, CONTRACTOR has examined and carefully studied the Contract Documents
(including all Addenda listed in Article 9) and the other related data identified in the
Bidding Documents.
B. CONTRACTOR has visited the $Ito and beeet=t}e amillar with and is satisfied
as to the general, local, and site conditions that ma;se ct cost, progress, and
J..
performance or furnishing of the Work. jjjYYY
C. CONTRACTQR•is familiar with a* Issafied as to all federal, state, and
toot laws and Regulations that may;:z;af ct zcos , progress, perfcrmance, and
furnishing of the Work.
D, CONTRACTOR has carbluRy. all: (1) reports of explorations and tests
of subsurface conditions at or c 41
�4tigvUs to'the Site and all drawings of physical
conditions in or relating to existhf. a or subsurface structures at or contiguous to
the Site (except.-.U n d ergrciijn.d,�Fttcilltfs) and (2) reports and drawings of a Hazardous
Environmental Condit ny, the Site which has been identified. CONTRACTOR
4: J+
acknowledges that•sU pgts and-drawings are not Contract Documents and may
not .be complete for• C6 Tl 'CTOR's purposes, COITRACTOR acknowledges that
OWNER and-ENGINEER tlAot assume-responsibility for the accuracy or completeness
of infornnation and data shown or indicated ih the Contract Documents with respect to
Underground Facilities at or contiguous to the site.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for having done soy -all additional or supplementary examinations, investigations,
explorations;tests, studies, and date concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
performance, or fur.nlshing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, Including applying the specific means, methods, techniques,
sequences, and procedures of construction,if any, expressly required by the Contract
Documents to be employed by the CONTRACTOR, and safety precautions and
programs incident thereto.
Page 3 of 7
EXHIBIT .D
s
F. CONTRACTOR does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance
and furnishing of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by
OWNER and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR,
information and observations obtained from visits to the.Site, reports and drawings
identified in the Contract Documents, and all additional ex�tninations, in--stigations,
explorations, tests, studies, and data with the Contrac `p.;acyr�ents.
i, CONTRACTOR has given ENGINEER written noj ce of all conflicts, errors,
ambiguities, or discrepancies that CONTRALTO. ..has c{iscovered in -the Conrrzc;
€Jocum.enYs, and the written resolution...,.. thsreo'.f b"�; ERGIN ER is acceptable to
CONTRACTOR.
J. The Contract Documents are genrplly sufficient to indicate and convey
::..
understanding of all terms and odt'iditi;'dns'fdr performance and furnishing of the Work.
ARTICLES - CONTRACT DOCUNI>;NT;
" 9,01 Contents
i .
A. The Contract DocuMents consist of the following:
1, This Agreement (pages 1 to 8, inclusive);
2. Performance Bond (pages 1 to 1, inclusive);
3, Payment Bond (pages 1 to 1 , inclusive);
5. Specifications as listed in the table of contents of the Project Manua!;
6. Drawings oonslsting of a cover sheet and sheets numbered 1 through
17 inclusive, With each sheet bearing the following general title; Huffine Lane
Page 4 of 7
R
EXHIBIT
Intersection Improvements Bozeman, MT; (Note; Drawings are not attached
hereto).
S. Addenda (numbers 0 to 0 inclusive);
9. Exhibits to this Agreement (enumerated as follows);
a. Notice to Proceed (pages 1 to 1, inclusive);
b. CONTRACTOR s .Bid Form (pages 1 to 1 , inclusive); (attached)
Awami(pages ====4ed.
I. 1
Z
10. The following which may be delltiere pr issued on or after the Effective
Date of .the Agreement and'are not attache.: .ht`eto:
a. Written Amendmers.;
b. Work Change' airtivg .
c. Change Ord (sjr>:r
13, The.documes�s I.sted 4i`peragraph 9,01.A are attached to this Agreement
(except as expressly no - ise above),
n
C. There are no ct Documents other than those listed above in this Article
ARTICLE 10 - MISCELLANEOUS
I
I
10.01 Assignment'of Contract
A. No essignment by a party hereto of any rights under or Interests in the
Contract will .be binding on another party hereto without the written consent of the
party sought to be bound; and, specifically,-but without limitation, moneys that may
come due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated-to the contrary in any written consent to an assignment, no
i -
i
I Pages of 7
EXHIBIT D
I
3 assignment will release or discharge the assignor from any duty or responsibility under
I. the Contract Documents.
10.03 Successors and Asslyns
A. OWNER and CONTRACTOR each binds irself, its partners, successors,
assigns, and legal representatives to the other patty hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
10.04 Severabllity
A. Any provision or part of the Contract Doce "s held to be void or
unenforceable under any Lew or Regulation shall be.deetne stricken, and all remaining
.<>>
provisions shall continue to be valid and bindrog 2-pon 01NNER and CONTRACTOR,
who agree that the Contract Documents shail.,§q r#,caned to replace such stricken
provision er part thereof with a valid and.4h,o"a'e provision that comes as close as
possible td expressing the intention of 0e" r'di eff provision,
10.05 Other Pro.v►sions
A. Any provlslon,�' f .p 1 w<..o. the Contract Documents held to be void or
S C ^'+
unenforceable urger the Lvit`or Regulation shall be deemed stricken, and all
remaining provisid shq[°_dontinue to be valid and binding upon OWNER and
CONTRACTOR, wF.i< a 'ee that the Contract Documents shell be reformed to
replace such stricks' 'ptavlsiort or part thereof with a valid and enforceabis
provision that comes as close as possible to expressing -the- intention of the
stricken provision.
! IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 3 copies of this
Agreement, 1 copy has been delivered to OWNER, 1 copy to CONTRACTOR, and 1
copy to ENGINEER. All portions of the Contract Documents have been signed or
identified by PWNEFt and CONTRACTOR or by ENGMER on their behalf.
i
Rage 6 of 7
i
r -
i
EXHIBITD
This Agreement will be effective on the date shown on page 1 (wh(ch is the Effective
Data of the Agreement). [This Agreement shall not be effective unless and until
concurred in by AGENCY's designated representative.]
OWNS • CONTRACTOR:
By: Knox Pb
C ORATE SEAL] RPORATE SEAL)
Attest Attest,,, n `
... Fi•tfti
Address for giving notices: yAtras for giving notices:
P,O. Box 738 ``kk'_ � 20i Shadhorn Drive, PME3 140
Great Falls, MT 59403 «> `:,.$; Nieman, MT 59718
Phone: �/y ps��' Phone: 408.582.9841
Facsimile: Facsimile: 406,582,9843
,.
Montana Contractors' Registration No,
5354
i
I
Page 7 of 7
f
l
>1>> S I ME Ti
CONSTRUCTION
EXCAVATION AND ROAD 13UILDING
y i+ WILING ADDRESS STREET ADDRESS
772CASHEDHORN PMB 140 406.582-9841 190 Ramshorn Drive
BOZEMAN, MT 59718 Mobile 580.1 105 'Fax 582.9643 Bozeman,MT 597 18
2r9jeCt name. HuFr-INE LANE INTERSECTION IMPROVEMENTS
bid date: I7-Sep-05
item description est qty, unit unit prEce total price
SCHEDULE 1 STREET IMPROVEMENT RELATED ITEMS
100 REMbVE.SIDEWALK 246.00 SY $15,00 $3,690.00
101 REMOVE CURB 8 GUTTER 631.00 LF $6.00 $3,788.00
1 102 EXCAVATION- UNCLASSIFIED .11.2.1.00 CY $17.50 $19,617.50
103 EMBANKMENT IN PLACE 591"00 CY $20.00 u�7,820,00
164 TOPSOIL, SALVAGING &PLACING "i: d 40Q¢p,CY $12.50 $5,000,00
105 CRUSHED AGGREGATE COURSE 3 s 3.D: CY . $2M.50 $72,967.50
106 COVER MATERIAL GRADE 4A �Me;4e TN $65,00 $21,931.00
107 DUST PALLIATIVE 39,"10 TN $130.OD $5,083,00
I08 PLANT MIX.BIT SURF, GER. D, INCLUDES PGG64-26< 1,7.50,D0 TN $55.00 586,250,oG
109 NIA
110 EMULSIFIED ASPHALT SS-7 :w '' '' 203.00 GA $7.50 $1,522,50
111 EMULSIFIED ASPHALT CRS-2Ps, _ 8-80 TN $430.00 S3,784.00
112 RCP ARCH 44INCH, CL3 <x 8.00 LF $500.00 $3,000.00
113 SIDEWALK, CONCRETE41' ; 'fir=,: 1,353.00 SY $57.50 577,707.60
114 TRAFFIC CONTROL NO BID
115 CURB-CONC ' ` J. 1,321.00 LF $17.60 $23,117.50
116 62EDING AREA NO 2 0.75 AC $2,000.00 $1,500,00
117 MOBIL12ATION q?K r:,., 1,a0 LS $26,000,00 V5,00D.00
N TOt 4 31D, SCHEDULE 1 5371.566,&0
THESE PRICES.DO NOT INCLUDE RELOCATION OP EXISTING'UTILIITES, STAKING, LAYOUT, MATERIALS
TESTING FEES,SURVEYING, PERMITS, LANDSCAPING RELATED ITEMS, OR TRAFFIC CONTROL OF ANY KIND,
THIS ESTIMATE IS GIVEN SUBJECT TO A MUTUALLY AGREEABLE CONTRACT AND PROJECT SCHEDULE, AND
1S BASED UPON MORRISON MAIRELE, INC.'S PROJECT DOCUMENTS DATED JULY 2005.
EROSION CONTROL PERMIT IS THE RESPONSIBILITY OF OTHERS.
Bimp.ConstTuction,ba, pale;
Knox W,Pilati
• (JA
EXHIBITD
AME'RLE'll(c.
RRISOl\ oareme±r tt.2C05
.4„•-�•.+c..'•-. PACE ONE(11
HUFFINE LANE & FOWLER AVE INTERSECTION IMPROVEMENTS
I Bozeman,Montana
FINAL PERIODIC COST ESTIMATE-REVISED 12114106
P FOR PERIOD ENDING No+ernoer 11,2006
t
OWNER"S NAME AND ADDRESS; CONTRACTOR'S NAME AND ADDRESS:
+ WTCHELL DEVELOPNIENT GROUP,LLC MONTANA LINES,INC.
a PO BOX 738 26CO UPPER RIVER ROAD
GREAT FALLS.MT 59403 GREAT FALLS,MT 69406
CONTRACT TUL 150 GAYS
WORK TO STA RT: WORK STA RTE D: COMPLETION DUE:
Mann 43 2006 March 13.2006 Seo+emoer 30,2006
'SCHEDULE 2
ORIGINAL PROPOSAL .PERFORMED-TO DATE
ESIMATED
• DESCRIPTION DUANTrrY UNrf UNIT PRICE AI.IOUNT OUANTTTY AMOUNT
200 FOUNOA710N-CONCR=TE 21 1-CY S905.00 519,367.00 SJD S17236.63 89%
"I CONDUIT-PLASTIC 1-lR- 3,086 LF S7.75 S23,777.00 4,050.0 jq�.1340
132%
202 CONDUIT-PLASTIC7' 1,744 LF S10.00 S$7,440.00 464.0 2B%203 CONDUIT•PLASTIC 2-1(E' •763 LF S14,20 510,834.60 664.0 •67%
204 CONDUIT-PLASTIC3' 88 LF' S15.00 .SI,320.00 105o 119%
205 PULL BOX-CONCRnETYPE I 8 EA I $300.00 1 52.400.00 12.0 S3.600. 150%
.206 PULL BOX•(,ONCRETE TYPE 2 T 8 EA S350AD S4W,00 7.0 S2,450,0 88%
207 PULL BOX-CONCRETE TYPE 3 1 1 EAR S470.00 b47.-b0 1.0 S470.0 100%
208 CABLE COPPER 7AW131s-60DV 631 LFJ S1.05 876.0 5919.8 .139%
209 ICABLE COPPER 12AWG14-600v 243 LF $1.50 ':5 64;G0 i265.0 M91.5045 107%
210 CABLECOPPER i6AWGt.t-600V 990 LF S1.85 sf;;93l,50 ''79t.0 S1,463.3 80„
211 ICA.BLE COPPER 8 PAIRAWGI9 COMM, 2.42'r LF S1.35 s3,26070;'2.528.0 1 IZ8g. _104%
212 CONDUCTOR•COPPERAWG6.600v 1,120 LF SO.9G:;;-.,, $1.0067)dt 3.025D ! S2,722.5 270%
i?13 CONDUCTOR•COPPERAWt58-600L 4.107 1 LF 1 S?693.0 Stv:
2,14�CONDt7CTAR. OPPER=AWG7D:800`I(; w - `;2;156 '; .•j;r ';-'56;45;.✓_- ' .S97A;20'_2381T0;,;
36,5.STANDARDSTLITYPS.iDiA:50D4'•, r f :e6 `,>=A ..'$2 j DrQD,.. 3„"121800770 ._::SA.-- . .;510500 G 03.
716 CONTROLLER-CAB PEDESTAL TYPE P 2 ` '.?(i'."t5890[R�i>.. 51.7AO.Op� 1.0 589004 SO ti
217 LUMINAIREASSEM8LY:SOW S.V 2", 53;.O,QO" sno'Dol 2.0. S720.0 100%
i24B-LuMllNAIRE7ASSEMBLYL-100WS.V;-),'.' - - -.::.);•.,;�'4 'iaeA"L•S3fi5,QD =51;460.-00 ?'-5.0 ..';5'i:B25:0 ..125;:
2191SERV ASSEM9LY-20AMP 1 < '•.EAI:ZSj;805.00 S1,605.00I 1.0 S1:605. 100%
220 SERVASSEMBLY-BOAMo &Ai '"51,7G0:ODI S1,750.00 1.0 S5,760. 100%
221.PHOTO ELECTRIC CONTRtDL .:Z� `EA- S120.00 5240.D0 2.0 S240.0 100%
=2 SIG-TRAF 3 CDL•1 WAY 12-i2.1? : 1E':IS.,:- EA I S900.00 I S14.400.00i 10.0 S14,400.0 100 ti
223 151G•TRAF 5 COL.1WAY 12-12.12-12 EAJ SL290OD S3,570.001 3.0 $3,570.0 100%
224 SIG-PEDESTRAN TYPE 2 _ � `ty2 'EA S755.00 59,050.00 12.0 59.080. .1001/1
225 CONTLWTRAF ACTUAT TYPE 8•A 1 EA S25,320,00 S25.320.00 1.00 S25.320 100%
226 SIG STANDARD TYPE 1-100 3 I S625.OD S1:875 00 3,0 I S1.67S. too'.'
ONTRACTOR'S Certl5cation:Tne unaamigned ,TRAC rk COR certifies That: (l)ap prevrxis progress payments recelvad(rum OWNER an account o1.10 done
wloar
9ne contras raferrto to 30ove nave oeen ap6�k-iptlEscharge In lud all 00hplions of CONTRACTOR Incurred in connection vAM war.coveredDy pnor
App.4aamm for Payment numoer I Inrough 9 inrlusiv'j.2I ride to ad W orh,nwterals and e.wcment Incorporated In said Wors or othen ase fisted In or covered
oy Mci Appllwddn Ior Paymonl will pass ID OWNER aft,me of payment Iree and,c]ear W a.Aens.Gawps.SeCulflyitlaresl and encomomrices(except sum a5 ar?
eovored oy Bono acceolaole 5o'OWNER indemnll)AnB OWNER against any surn.tren,Chill,Security interests or ti renca)43)-ail worts cdvored by Ind ApphpOon
for Payment IS In accordance w1d1 the Contract Donlments and rot oefcctive as that Term a da Do(xnersts:and(a)Ihere.are ro claims for ex0a
walk,delays.omitted items dra(any nature against Ise OWNER or ENGINEER net hermit unless ez ss I tared other%ise irr Nl Aopli Ion of Payment
NAMEOFCONTRACTOR: MontanaLlnes•Inc. OAT' o vv
OWNER:Mitchell DovolopmtnL Group,LLC SIGNATURE ATE: /,�-„2 7- V
ENGINEER Morrison-Malefle;Inc. SIGNATURE DATE. Z
7
EXHIBIT
` FWALESTIMATE-REVISED12/141D6 PAGE TWO(2)
December 14.2008
OWNERS NAME AND ADDRESS:
MITCHELL DEVELOPMENT GROUP,LLC
PO BOX 73B
GREAT FgLLS,MT 59403
SCHEDULE 2(cont.)
ORIGINAL PROPOSAL PERFORMED TO DATE
ESTIMATED
DESCRIPTION QUANTITY UNIT UN1r PRICE I AMOUNT OUANTn ,ANIOUNT %
227 SIG STANDARD TYPEI-t20 T EA S825.00 I 5825.00 1.0 S625.0 100%
n8 SIG STANDARD TYPE 2-A-900-0 2 EA $10.750.00 1 -S21.500.00 2.0 S21,500.0 1DJ%
229 1 SIG STANDARD TYPE2-A•900.7 1 EA*10.000.CkD S10.000,OD I'D 510,000-0 160%
230 SIG STANDARD TYPE 2-A-900-9 1 EA 511.850.00 1.0 511.850.0 100%
231 SIGSTANOARDTYPE3-A•900-0 1 EA00 513.500.D04 1.0 S12,500. 1001A
232 DETECTORAOOP 37 EA S750,OD 527,750.00' 39,0 S29250.0 S05%
233 DETECTORA.00P SHLO CABLE 3.500 LF $1,00 S3,500.D0 I 4,194.D 54.194.0 120%
23a PUSH BUTTONIPEDESTRIAN 6 EA S265.00 S1,590.00 6.0 St•590.0 1001:3
235 PUSH BUT7CN-RETROFIT 1 EA S200.00 S2DO.00 10 S200,0 100%j
236 IEMERPREEMPTIONDE7CABLE 293 LF S1.30 -34t.90• 3G9.0 S5187 1521:
237 SIGNS-ALUM SHEET INCR(1) 20 SF S33.50 S670.00 2D.0 S;I0 0 1007.
I33 SIGNS-ALUM REFLECTIVE SHEET(i) 2 SF S24.00 S45.60 1.9 S45.0 -1001>
239 SIGNS•ALUMREFLECTNE SHEET 00) 122 SF S25.50 S3.222.40 107.1 S2.83e.1 80%
240 RESET SIGNS I EA S75 00 S16O.DOE 4.0 S300. 2OU%
'241 REMOVE SIGNS 1 EA I S20A3- S280.001 ISO S30U.0 107%
242 POSTiTij!Jt.itR'ST>..rJ:{SOI�ARc'.PcRFiQFL TE01,.-.:'. =`f'' i%:wi tZ=. is L'�S'% �`50A:��;.
243 1 POLES-TREATED TIMBER CLASS 4 14 LF S45.00 S630.001 t4.0 5830, 100%
244 ISOTBLR SLIPBASE BKWY 3' 5 EA S345.00 Si.725.001 4.0 SL380,0 80%
245 DELNEATOR•FLEMBL E SURFACE MOUNT WH 2 EA S53.00 SIA6',00t 2.0 5105,OOj 1O0%
246 DELNEATOR-FLEnBLE SURFACE MOUNT YLW 5 EA 353.00 ;:C`265.00 1.0 553.0 20'/.
247 CURB MARKING-YELLOW EPDXY 731 1 GAL <,y${I_;Ci<�: ;,DO S0. a%
248)WORDS75YMBOLS-WHITE=PDX1' 22 GAL '.D;DO- .,%X1,0 so OC 05;
249 S7RIPINGVilirrE EPDXY 1 GALI S13;p0 .1,D,U I SODA O•A
250 STRIPING-YELLOW EPDXY 22 GAL SO' 0.0 SQA 01A
2"JR6Sa:-l7RpFUN6L� J iA j0.00: OA G;
26-4 1 ADAIZ- 55 J E'w• .it. 50.00( 011 S •6`,:
2531FRAF.FJG:CONTROU",-- _ -_ `,�i:000�aiC1N%.;�,�3bi@�?'''>�$�t3:800(D0.^32�&'R5:5_c r"529.36?. _..:2t655
254'MOSILIZATIDN 1 '•;LS. ;'Q3y,130;IQ579.130.00 1.000 .- 519,130.0 tOD%
SCHEDULE 2 SUB TOTAL S299,997.471 S306.943.05 11
CHANG E.-ORD EWMEMS
'ORIGWk?PROPOSAL PERFORMED TO DATE
DESCRIPTIONDUANT6,, Ml1 UNIT PRICE AMOUNT QUANTITY AMOUNT %
3D0 fWORDS 8 SYMBOLS.PLASTIC ::;•,..443`t%'. .i SF S17 45 S7.730.35 195.1 S3AOS.100 44%
301 REMOVE WORDS/SYMBOLS PLASTK "'S;.BB ` SF S14.SO S986.00 SOD 0`»
302 STRIPING-WN PLASnC41N - "1,�;?•. LF S3.15 S483.05 141,0 $444.1 96;:
3D3 STRIPING-w8 PLASTIC W + ':IJ47 I LF S6.30 S6,045.10. 1.403.0 58.838, 110%
304 STRIPING-WH PLASTIC 24IN ,`��'235 LF S16.20 S3.807.001 1752 S2.838.24 7514
305 STRIPING-Y'cL PLASTIC 4 1N SU3 -1 LF S3.2D SI.609.60(' 1,075.0 5.3,440. .214%
.306 REMOVE PLASTIC STRIPING IN 509 If 52.00 51.O18.00' 357.0 1 S714,GC 705:
3D7 REMOVE RUMBLE STRIP 18' 546 LF S6.75 S3.685.50p 550.0 S3,T12.$ 101%
366I5$RVASSEMBLY-20AMP S SS' ,91.05.00 S7,605.60•.. to S1,605.0 100%
309 1MODIFY SERV ASSEMBLY-S•2 .N 1 .EA $1,BY5.170 51,825.00 1.0 S 1,025.0 100%
ADDITIONAL ITEMS
REMOVc&SALVAGE(POLE A9) 1 (S SI,052,50 51.062,50 1.0 St,p62. 100%
WORK CHANGE DIRECTIVE NO.'t-EPDXYSTOPBAR t 'LS S825.00 S825.00 1.0 5825.0 100%
SPECLAL USE SIGN-24XIV 5 EA S31.81 S159.05 5,0 ' S159.0 100%
�SPECIAL USE SIGN-2X18 6 EA 546.97 S281.02 6.0 S281.8' SODS:
MOB0SZA7JON Sgopl�jEDt;Then7SOptasllc ODemOoisr7,. ;;. ,711. 'S9:309,•003 r•-.:59 30D p0 _�.T.D.;:%:y}'?Sfl;30D. z•'reccY-300%
INTERIM STRIPING WA
j TcMIPORAAYPAINT 1 LS S292.DD S292.00 1.0 5292. 10::
POLES-TREATED TIMBER CLASS 90 LF S35.00 S3,150.00 70.0 S2.450.0 78%
U•CKANNEL SIGN POST INSTALLED 1 EA S36621 S38G31 1.0 5380,21 1DOS%
ADDITIONAL MOBILIZATIONS•(CONSTRUCTIOb;, I LS 510,00D.00 $10,000.00 1.0 SMODO.0 1DD°»
SEOUENCWGs
IAUMONALVR?F.FJGLONTR04;xGLOSEIkLEG>AF
1FOWL R•AGEXor,Ctlango_Oitle,fA3Ar70/03706?A tchan bN S I7�Y S^w3 E7,� s t^ 36 27 SF7 3�12�L3°Zd ODS:
L00s:,and,FIU:I30eSye5aLagPinral),.__. ._r '-3., t;f 2 r y�_�;'•:.. -+..y::o• �.,�,,. 1<.�.�} s t:.�1�_
SCHEDULE 3 SUB TOTAL S68,667,38 564,015.76
PROJECT TOTALS I S368,664.79 f .5370,958.79- 1o1„
EXHi B-1 }
FINAL Ern MATE-REVISED 12JI4106 PAGE THREfi(3)
Decunber l4,2006
OWNER"S NAME AND ADORES9:
MTTCHELL DEVELOPMENT GROUP,LLC
PO BOX 738
GREAT FALLS,MT 5D403
.TOTAL AMOUNT EARNED TO DATE._..........__ _ ._.._....._ S370.9M.79
LESS DEDUCTIONS
(1)RETAINAGE-5% S18.547.D4
(2)LIQUIDATED DAMAGES 50.00
(3)OVERTIME ENGINEERING S0.00
TOTALAMOUNT DEDUCTED 519.5.1?.p4
TOTAL RETAINAGE RETURNED S78,547.94
TOTAL AMOUNT REQUESTED TO DATE ........__....__._...... 5370.958.7E
Pruv.P a
514 S48,005.46 LESS PREVIOUS PAYMENTS»,..........._................................ S328.964.71
W26 SSS,002.74 -
WIT nS,850.89
1 S=$153,577,13
11/3 S70,300.00 - AMOUNT DUE CONTRACTOR THIS PAY ESTIMATE___.. S41,994.08
1011 E,M.228.49 ..
TOTAL PALO TO DATE
S328.964.71
5?z'
1 .Y
z
• *` £T., per
4'..
EXHIBIT
;
CONTRACTOR'S CERTIFICATE AND RELEASE
FROM MONTANA LINES INC.
(Name of Contractor)
TO: itchell Development Group, LLC
O Box 738
neat Falls, MT 59403
REFERENCE-CONTRACT NUMBER entered into the 15th dayofSeotemb?r,
2005 . , between the-Mitchell Development Group, LLC and Montana Lines, Inc. ,
(Name of Contractor)
of Great Falls MT for the purpose of
(City) (State) Aa;,,�
�_
Huffine Lane Intersection Im roVements Schedule#2
(Type of Operatio0.
within the limits of the .City of-Bozeman, MT.
Akk 4
KNOW ALL MEN BY THESE PRESENTS':
1.. he undersigned hereby certi esli .pi-h ere is due from and payable by the [insert
wner's Name] to the Contract( ii erthe Contract and duly approved Change
Orders and modificatigns j;h: rbal ce of$41,994.08
2. 1 he undersigned trkker;certifies that in addition to the amount set forth its
aragraph f, there " outstanding and unsettled the following items which lie
c aims are just and-de wing by the Mitchell Development Group, LLC:
`r .
O -None
(Itemize claims and amounts due. If none, so state)
Contractor's Certificate and Release—Page 1 of 3
H:13631)1004 011DOCSIConstrucuan%Pay EstimatesUT UNEwedi6cate and Release2.doc
12/14106
EXHIBITD
J
3. -The undersigned further certifies that all work required under-this Contract including
work required under Change Orders numbered: 1 , 2 , 3A , and • , has
been performed in accordance with the terms thereof, and that there are no unpaid
claims for materials, supplies or equipment and no claims of laborers or mechanics
or unpaid wages arising out of the performance of this Contract,.and that the wage
rates paid by the Contractor and all. Subcontractors were in conformity with the
oritract provisions relating to said wage rates.
4. Except for the amounts stated under Paragraphs I and II hereof, the undersigned
as received from the [Insert Owner's Name] all sums of money payable to the
ndersigned under or pursuant to the above-mentioned Contract or any modification .
r change thereof.
5. rhat in consideration of•the payment.o€the amount stated in Paragraph I hereof the
ndersigned does hereby release the[insert Owner's Name]from any and all claims
rising under or.by virtue of this Contract,.except the amount listed in Paragraph 11
ereof, provided, however, that if for any-reason the Mitchell Development Group,
LC does not pay in full the amount stated in Paragraph I hereof, said deduction
hall be automatically included under Paragrap[ ; fl"as an amount which the
ontractor has not released but will release the Mitr hbff- evelopment Group, LLC
r �s
rom any and all claims of any nature whatsoever gping out of said Contract or
odification thereof, and will execute such further releases or assurances as the
nsert Owner's Narn may request. FurtFts° , c onsideration of the payment of the
` mount stated in-Paragraph I her igned agrees to hold the '[Insert
Owner's Name] harmless from an liability or expense of any kind in
ny way arising out of contract reerci`d herein,or any subcontracts awarded
ursuant thereto.
IN WIT ESS WHEREOF, the undsig�er `has signed and sealed this instrument this
day
-� J. Montana Lines. Inc.
nature)
y' P.
(Title)
. i v , being first duly sworn on oath, deposes and
says, fir t, that
he is th of the Montana Lines, Inc.
y/�
(Title) (Name of Company)
Contraotoes Certincate and Release.—Page 2 of 3
RA3638=4 o11ooC=anstrucUon\P.2y EsGmates\MT L1NEMCer0ficate'and Releaseldoc
12114M6
EXHIBIT
second, that he has read the foregoing certificate.by him subscribed as V T
(Title)
of the _ Montana Lines, Inc..
(Name of Company)
Affian further states that the matters and things stated therein are, to the best of his
know) dge and belief, true.
(Signature)
Subsc-ibed and swom to before me this. , day of , 20.�.
My commission expires.
:Z
Al
�N. l`
T xz
y.63'
Contractor's Certmcate and Release—Page 3.of 3
Ht136381110 .011D4CS1conmction\Pay EsUrnatesW7 LiNESICerilficale and Releaseldoc
1 14l05
j _. X HT
�a d V -/-V -T f-�-� LZ tl,�a..�. �!-� r-art
Notice of Award
Dated August 3,2005
Prolact: Huffine Lana Intersection Improvements Owner. Mitchell Development Group, LL Owner's Contract No.:
Contract Huffine Lane Irdarsection lmprovaments Engineoes Project No,:
3638.004.040.0310
Bidder. Montana Lines.Inc.
Bidder's Address:(send certified Mal,Return Receipt Requasted)
2800 Upper River Road
Great Falls,Mr 5A045
You are notified that your Bid dated July 26, 2005 for the above Contract has been considered. You
are the Successful Bidder and are awarded a Contract for Htlffine Lane Intersection Improvements Schedule#2
(Indicate total Work,altemates orsectiorls or-Work awarded.)
The Contract Price of your Contract is Three Hundred Nine Thousand Four Hyf diFed Twenty One Dollars and
Fifteen Cents Dollars($309,421.15). :`..-...
(Insert appropriate data if Unit Prices are used. Change language for Cost-Plus cont:cts♦ '
copies of each of the proposed Contract Documents(exceptlratnikt9s)accompany this Notice of Award.
y.
sets of the Drawings will be delivered separately or otherwis aiiable to you immediately.
You must comply with the following conditions precedent within fffteen'clays of the date you receive this Notice
of Award.
1. Deliver to the Owner`4J fully executed CRntgarts'of1tie Contract Documents.
2. Deliver with the executed Contract Docu;ieri# <ahe Contract security [Bonds) as specified in the
Instructions to Bidders (Article eneraI Conditions (Paragraph 2.01 and 5.01) [and
Supplementary Conditions(Parag.aiph`SG2:Ff1).]
3. Other conditions precede)lts >s<
z'
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award and declare your Bid security forfeited.
Within fifteen days after you comply with the above conditions, Owner will return to you two fully executed
counterparts of the Contract Documents.
Mitchell DeveWment Grou
Owner '
By:
:;�Zz
th s' na n
T t!
Copy to Engineer
Notice cif Award—Page 1 of 1
H'3638\0041DOCSlconstruction\Notice of Award.doc
er3ro5 .
- EXHIBIT
5
SECTION 00500
AGREEMENT FORM
THIS AGREEMENT is dated as of the L!�_day of�in the year 2005 (effective
date), by and between Mitchell Development Group, _.L.C. (hereinafter called OWNER)
and Montana Lines, Inc. _(hereinafter called
CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents, The Work is generally described in the Invitation to Bid and is described in
detail in the Contract Documents and the technical constructir€'r,drawings. The work
covered under this Contract includes the Huffine Lane Interse'coiJYprovements.
ARTICLE 2 -THE PROJECT x
2.01 The Project for which the Work under the Contraef C 6cuments may be the "whole
or only a part is generally described as the FQJe,,,A,.�n&-and West Garfield Street
"I nfra,
structure Improvements.
ARTICLE 3 -ENGINEER ^y.
101 The Project has been designed byf
Morrison-Maierle, Inc,
901 Technology Blvd.
Bozeman, Montana 59718 `A <
•�';v rye.
who is hereinafter called ENGINEER and who is to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to
ENGINEER in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4-CONTRACT TIMES
4.01 lime of Me Essence
t13M3 OD41DOCMPECS100500 MTunes:doc
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EXHIBIT
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with
the Contract Documents an amount in current funds equal to the sum of Three Hundred
Nine Thousand Four Hundred Twenty One Dollars and 15/100
dollars ($ 309,421.15), based on the prices stipulated in the Bid Form and subject to
.adjustment as provided in the Contract Documents.
A. As provided in paragraph 11.01 of the General Conditions, CONTRACTOR
agrees that lump sum amount(s) constitute full payment for the work and that these
lump sum amounts) represent a true measure of the labor and materials required to
perform the work, including all allowances for overhead, profit, taxes, bonds, insurance,
and all other costs for each type and unit of work called for in these Contract
Documents.
B. As provided in paragraph 11.03 of the General Conditions, estimated unit price
quantities used for bidding purposes are not guaranteed, q "'^ �eterminations of actual
quantities and classifications are to be made by ENGINEE ,a � rovided in paragraph
9.08 of the General Conditions. Unit prices have been` m ted as provided in
paragraph 11.03 of the General Conditions. .
ARTICLE 6 -'PAYMENT PROCEDURES
t;
6.01 Submittal and Processing of Payment'
A. CONTRACTOR shall subra... plit #ions for Payment in accordance with
Article 14 of the General Conditions' ` ions for Payment will'be processed by
,syr,
ENGINEER as provided in the Genera(`` onditions or other portions of the Contract
` 5
Documents. ., „.. ..,
6.02 Progress Payments;R Jna
> , :%v
A. OWNER shall make'i rogress payments on account of the Contract Price on
the basis of CONTRACTOR's Applications for Payment once each month during
performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All
such payments will be measured by the schedule of values established in paragraph
2.07.A of the General Conditions or in the case of Unit Price Work based on the number
of units completed or, in the event there is no schedule of values, as provided in the
General Conditions:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage indicated below but, 'in each case, less the
aggregate of payments previously made and less such .amounts as ENGINEER
H:1363810041000SISPECS100500_MTUnes.doc
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4
EXHIBIT D �
may determine or OWNER may withhold, in accordance with paragraph 1.4.02 of I
the General Conditions: II
a. The OWNER shall retain 5% of the amount of each payment until I
final completion and acceptance of all work covered by the Contract
Documents. At any time, however, after the Work has been 50% completed,
as determined by ENGINEER, and if the character and progress of the Work
have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character
and progress of the Work 'remain satisfactory to them, there will be no
retainage on account of Work subsequently completed, in which case the
remaining progress payments prior to Substantial Completion will be in an
amount equal to 100% of the Work completed less the aggregate of J
payments previously made. Reduction of retainage is at sole •discretion of
OWNER. OWNER is not•obligated to reduce retainae.
b. Retainage will be 5% of materials ap,,,q equipment not incorporated
in the Work (but delivered, suitablya F fo�d and accompanied by
documentation satisfactory to OWNER as proud`ain paragraph 14.02 of the
General Conditions).
2. Upon Substantial Completion, C7�IV-1R shall pay an amount sufficient to
6
•increase total payments,to. CONTRA%CT {,tor�7% of the Work completed, less
,.
such amounts as ENGINEER had i #empne in accordance with paragraph
14.02.B.5 of the General Conditio is ad`Ness 100% of ENGINEER's estimate of
the value of Work to be cot�pletditr.a erected as shown on the tentative list of
items to be completed or '6601"t� ted`attached to the certificate of Substantial
Completion. ,:<. •.4
F
� ::
B. CONTRACT �2 Shalf''sil�nit applications for payment on the 20t' day of each
month. The OWNER'sb)a r-make progress payments on or before the 101k' day of the
month following the COt# '
aRAaLTOR's application for payment.
0•
Cy't•fi
• 9
I
c
f,
l
H:W3B100400CSISPECS100500_MTUnes.doe
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`i
i
y:. 1
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f
,
1
EXHIBIT
6.03 Final PayMent
A. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions
shall bear interest at the maximum rate allowed by law at the place of the Project.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to Induce OWNER to enter into this Agreement, CONTRACTOR makes
the-following representations:
A. CONTRACTOR has examined and carefully studigg)-the Contract Documents
(including all Addenda listed in Article 9) and the other"i la d%data identified in the
Bidding Documents.
sir. �.,.-
B. CONTRACTOR has visited the Site an&rbeb" familiar with and is satisfied
as to the general, ,local, and - site conditions tlY n1 affect cost, progress, and
p g
erformance orfumishin of the Work.
C. CONTRACTOR is familiar with a1 kl. i: Akisfied as to all federal, state, and
�, Kra
local Laws and Regulations that may fe�t::ctW. progress, performance, and furnishing
of the Work.
tqi-
D.. CONTRACTOR has`cahgQty,Fstudied all: (1) reports of explorations and tests
of subsurface conditions.x' f:. qh.. contiguous to the Site and all drawings of physical
jJ•
conditions in or relating to a �tingi Siorface or subsurface structures at or contiguous to
the Site (except Undergr6;"96 Facilities) which have been identified in the
Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and
(2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site
which has been identified in the Supplementary Conditions as provided in paragraph
4.06 of the General Conditions. CONTRACTOR acknowledges that such reports and
drawings are not Contract Documents and may not be complete for CONTRACTOR's
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume
responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site.
H:13S3810041DOCSIS PECSW 0500_MTLines.doc
Page 5 of 10
EXHIBIT
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility
for having done so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may' affect cost, progress,
performance, r furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques,
sequences, and procedures of construction, if any, expressly required by the Contract
Documents to be employed by the CONTRACTOR, and safety precautions .and
programs incident thereto.
F. CONTRACTOR does not consider that any additional examinations, i
investigations, explorations, tests, studies, or data are necessary for the performance
and furnishing of the Work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents. I
G. CONTRACTOR is aware of the general nature of work to be performed by I
��` J
OWNER and others at the Site that relates to .the Worthe =:-as indicated in the Contract
Documents,
H. CONTRACTOR has correlated the informatic"i-i° `known to CONTRACTOR,
information and observations obtained from w sr ,to the Site, reports and drawings
identified in the Contract Documents, aid alr pddW6nal examinations, investigations,
explorations, tests, studies, and'data witFi` 6nfract Documents. 1
I. CONTRACTOR has given.EK �EER written notice of all conflicts; errors,,
ambiguities, or discrepancies that-�ONRACTOR has discovered in the Contract
Documents, and the written .r:�eslLth thereof by ENGINEER is acceptable to
CONTRACTOR.
J. The Contra ,:-b cumlants are generally sufficient to indicate and convey
>x^'
understanding of all terr�t ;:an�%conditions for performance and furnishing .of the Work.
ARTICLE 9 - CONTRACT'DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 10, inclusive);
2. Performance Bond (pages 1 to 2, inclusive);
H:13638%CD41DOCSISPECS1ouseD fvmnes.doc
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EXHIBIT
3. Payment Bond (pages 1 to 2, inclusive);
4. Other Bonds (pages to , inclusive);
a. (pages to ,
inclusive);
b. (pages to ,
inclusive);
C. (pages to ,
inclusive);
5. General Conditions_ (pages 1.to 44,'inclusive);
6. Supplementary Conditions (pages 1 to 12, inclusive);
7. Specifications as listed in the table of come l# :Of the Project Manual;
i
?YittS;.aC.
8. Drawings consisting of a cover gheet �r�d sheets numbered E1-
Z;,�; i t..
E15 , .inclusive, with each:;,Abet bearing the following general
titleHuf fine Lane Intersection in'r 02—'Aents; (Note: Drawings are not,
attached hereto).
9. Addenda (numbe <: .:` s.
rs.L: ..:to< ;-inclusive);
10. Exhibits to this Agr;:eeienenumerated as follows):
a. Not
00 to Pro `tl (page 1, inclusive);
b. CON' .AOTOR's Bid Form (pages 1 to 12, inclusive);
c. Documentation submitted by CONTRACTOR prior to Notice of
Award (pages 1 to 2, inclusive);
d.
11. The following which may be delivered or issued on or after the Effective
Date of the Agreement and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
H:1363610041DOMSPECS100500 MTUnes.doc
Page 7 of 10
EXHIBIT D �
C. Change Order(s).
B. The documents listed in paragraph 9.01.A are attached to this Agreement
(except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article
9.
D. The Contract Documents may only be amended, modified, or supplemented
as provided in paragraph 3.04 of the General Conditions,
ARTICLE IQ- MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement which are defined in Article 1 of the General
Conditions will have the meanings indicated in the Gen era."+conditions.
10.02 Assignment of Contract
A. No assignment by .a party hereto o ai , rights under or interests in the
Contract will be binding on another party hereto4iffib t. the written consent of the party
sought to be bound;-and, specifically, but w.ith.Out IrCn tation, moneys that may come due
r�r
and moneys that are due may not be `assigned:without such consent (except to the
extent that .the effect of this restriction may b,� limited by law), and .unless specifically
stated to the contrary in any written,:.`gnsent to an assignment, no assignment will
release or discharge the assignor ffp'.0,<; ny duty or responsibility under the Contract
Documents.
10.03 Successors and A:osi i7s
A. OWNER and CdWN ACTOR each binds itself, its partners, successors,
= assigns, and legal represerifatives to the other party hereto, its partners, successors,
assigns, and legal representatives in respect to all covenants, agreements, and
i obligations-conteined in the Contract Documents.
10-04 l , , i Severabilify
�. A• Any provision or part of the Contract Documents held to be void or
4nenf0rceable under any Law or Regulation shall be deemed stricken, and all remaining
':�; provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,
agree that the Contract Documents shall be reformed to replace such stricken
C)CSISPECS100500 MT'Lines.doc
Page 8 of 10
EXHLBIT
provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
10.05 Other Provisions
A. The CONTRACTOR agrees to remedy all defects appearing in the work or
developing in the materials furnished and the workmanship performed under this
Agreement during the warranty period after the date of final acceptance of the work by
the OWNER, and further agrees to indemnify and save the OWNER harmless from any
costs encountered in remedying such defects.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 4 copies of this
Agreement. One counterparts) has been delivered to OWNER, two to CONTRACTOR,
and one to ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONTRACTOR or by ENGINEER on their behalf.
This Agreement will-be effective on the date shown on pagg; 1 (which is the Effective
Date of the Agreement). . <{
OWNER: C0NTRACTb
/k., .4Kh .�.
Mitchell Development Group, L.L.C. Morttari'Lines. Inc.
By:
[CORPORATE SEA ] ;>; '' [CORPORATE S L]
Attest � . Attest
Address forgiving notices:
9 9 . . Address for giving notices:
z :
fi
Mitchell Development Group, L.L.C. 2800 Upper River Road
PO Box 738 Great Falls, MT 59405
Great Falls, MT '59403
Phone: CI Oio 76/-- L/ Y a 0 Phone: 406 727-1316
Facsimile:�� 76 - t-1 L 41 Facsimile: (406)727-0354
H 136MM41DOCSISPECS100500 MTunes-doc
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EXHIBIT D
PERFORMANCE BOND
Any singular reference to Contractor,Surety,Ov-ner, or other party shall be considered plural where applicable.
CRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business):
Montana Lines,Inc. TRAVELERS CASIIALTY AND S(JRIIY 01TANY OF A4ERIC4
2800 Upper River Road CNE TM SWkM
Great Falls,MT 59405 HAMM, Cr 06183
ER(Name and Address): COUNTERSIGNED;
Mitchell Development Group,LLC FLYN INSURANC' AGEV
PO Box 738 77
Great Falls,MT 59403 `'
MARK S. NICHOLLS
TRACT
iunt: ($309,421.15) THM K= M THJlSAND FOUR hZIl=1WFNI.'y CNE AND 15/100 DOU ARS
aiption(Name and Location): Huffine Lane Intersection Irnprovements .
D
d Number. 104569691
:(Not earlier than Contract Date):
iunt: ($309,421.15) THREE HMZED NINE TfMAND Fl7[1R HIJN M 1WINIY CNE kb,y'!'W10 DaIARS
Gfications to this Bond Form: NCNE
y and Contractor,intending to be legally.bound hereby,subject to the teensFinteon the reverse side hereof, do each cause this
tmance Bond to be duly executed on its behalf by its authorized of-ff0e .:or'presentative.
VTRACTOR AS PRINCIPAL S17IRT
Company: LINE, INC.
Signature: al) r< Ty ANY OF AMERICA (Seal)
Name and e: >��ur`•ety's Name and Cc to al
By:
Signature and JC D. LFAF, ATIMO-FACT
h€> (Attach Power of ttorney
ice is provided below for signatures of additional
its,if required.)
Attest: �-
Signature 01
Title , BID CLERICAL
M.ACTOR AS PRINCIPAL SURETY
Company:
Signature: (Seal) (Seal)
Name and Title: Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of.Attorney)
Attest:
Signature and Title:
�C No.C 630(2002 Edldon)
bly prepared through the joint efforts of the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated Genernl
4uors orAmerica,and theAmerican Institute of Architects.
Performance Bond-00610-Page 1 of 2
EXHIBIT
PAYMENT B OND
Any singular reference to Contractor,Surety,Owner,or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Address of Principal Place of Business):
Montana Lines,Inc. TRAM ERS C:kSMTY AND SUREI Y C` TANY OF AMI RICA
2800 Upper River Road CIE TUER SWARE
Great Falls,MT 59405 MMTEM, Cr 06183
OWNER(Name and Address): COUNTERSIGNED:
Mitchell Development Group, LLc FLYNN INSURANC AGENCY
PO Box 738
Great Falls,MT 59403 MARKS. NICHOLLS
CONTRACT
Date:
Amount:($309,421.15) IM 1-iUMM NM T-ELM M hUaM TWENTY 0E AND 15/100 DOII.ARS
Description(Name and Location): -Huffine Lane Intersection Improvements
1�iAN, MXVTANA
BOND
Bond Number: 104569691
Date(Not earlier than Contract Date):
Amount: ($309,421 15) = EUNDRED N E THOLt�OM FCxIR 1NM 15/100 DCUIJ� S 1
Modifications to this Bond Form: NONE - ; F,
Surety and Contractor,intending to be legally bound hereby, subject to the erii s; tinted on the reverse side hereof do each cause this
Payment Bond to be duly executed on its behalf by its authorized*'kR-g-er. representative.
CONTRACTOR AS PRINCIPAL ,SlRE "Y
Company: 121a, INC:—
Signature: CASUALTY AND R= QI` Vff OF AME1ZICA Seal
Name an tie: JAN M. LIVESAY ` Surety's Name and Corpo S
By:
Signature and T' D. LEAF, III=FACT
Attach Power of Att
(Space is provided below for signature f`additional
parties,if required:)
Attest:
Signs and Title J1 Wy TAUS--=, gM ,
CONTRACTOR AS PRINCIPAL SURETY
Company.
Signature: (Seal) (Seal)
Name and Title: Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No.C-615(2002 Edltlon)
IOriginaliy prepared through the joint efforts or the Surety Association of America,Engineers Joint Contract Documents Committee,the Associated General
'Contractors of Amerim, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
j Payment Bond—00615—Page 1 of 2
EXHIBITD
HUFFINE LANE
INTERSECTION IMPROVEMENTS
BID SHEET
The Bid for the following items in Schedules II shall be a unit cost bid for all construction
work described in the Contract Documents, unless shown otherwise. The bid price shall
include all temporary or permanent equipment, materials, supplies, and labor necessary
to construct the item in accordance with the Contract Documents.
SCHEDULE 11
SIGNALIZATION RELATED ITEMS
TOTAL
TEM MDT ITEM ESTIMATED UNIT EST.
NO, NO. DESCRIPTION QUANTITY... UNIT PRICE PRICE
CD 616183000 FOUNDATION-CONCRETE 21. vn.'` _ CY $905.00 $19,367.00
p1 616343914 CONDUIT-PLASTIC 1 1/2 IN 3068 "' "`- F $7.75 $23,777.00
,D2 616343920 CONDUIT-PLASTIC 2 IN 44 t :-' LF $10.00 $17,440.00
03 616343924 CONDUIT—.PLASTIC 2 V2 IN r;. 3 LF $14.20 $10,834.60
04 616343930 CONDUIT-PLASTIC 3 IN •-r.,88 LF $15.00 $1,320.00
05 616783001 PULL BOX-CONCRETE TYPE>"I. '<''; 8 EA $300.00 $2,400.00
06 616783002 PULL BOX-CONCRETE-7fYR ,.21.', 8 EA $350.00 $2,800.00
<. ..
07 616783003 PULL BOX-CONCRETE T 'I?E"3 1 EA $470.00 $470.00
DB 617033414 CABLE-COPPER 7AV 14-600V 631 LF $1.05 $662.55
t�
99 617033614 CABLE-COPPER 1PWG14-600V 243 LF $1.50 $364.50
.'.
.10 617033814 CABLE-COPPE `16AWG14-600V 990 LF $1.85 $1,831.50
!11 617086919 CABLE COPPER 6 PAIR AWG 19 2422 LF $1.35 $3,269.70
CONDUCTOR-COPPER AWG6-
�!12 617123106 600V 1120 LF $0.90 $1,008.00
13 617123108 CONDUCTOR-COPPER 4107 LF $0.75 $3,080.25
AWG8-600V
�14 617123110 CONDUCTOR-COPPER 2156 LF $0.45 $970.20
AWG 10-600V
?15 617183054 STANDARD-STL TYPE 10-A-500-4 6 EA $2,100.00 $12,600.00
CONTROLLER- CAB PEDESTAL
?16 617233030 TYPE P 2 EA $890.00 $1,780.00
17 617303225 LUMINAIRE ASSEMBLY- 2 EA $360.00 r $720.00
250 W S.V.
HA3638TWOOC&S PECW300 bid Form—rev_trai.do0
Page 5 of 12
EXHIBIT
TOTAL
ITEM MDT ITEM ESTIMATED UNIT EST,
NO. NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
218 617303240 LUMINAIRE ASSEMBLY- 4 EA $365.00 $1,460.00
400 W S.V.
219 617333120 SERV ASSEMB-20 AMP 1 EA $1,605.00 $1,605.00
220 617333160 SERV ASSEMB-60 AMP 1 EA $1,760,00 $1,760.00
221 617363010 PHOTO ELECTRIC CONTROL 2 EA $120.00 $240.00
222 617503130 SIG-TRAF 3 COL-1 WAY 12-12-12 16 EA $900.00 $14,400.00
223 617523127 SIG-TRAF 5 COL-1 W 12-12-12-12 3 EA $1,290.00 $3,870.00
224 617553020 SIG-PEDESTRIAN TYPE 2 12 EA $755.00 $9,060.00
CONTLR/TRAF-ACTUAT TYPE
225 617603081 8-A 1 EA $25,320.00 $25,320.00
226 617673100 SIG STANDARD TYPE 1-100 3 EA $625.00 $1,875.00
227 617673120 SIG STANDARD TYPE 1-120 mil``;; ; EA $625.00 $625.00
228 617693100 SIG STANDARD TYPE 2-A-900-0 '". y` ;;' EA $10,750.00 $21,500.00
>m
229 617695907 SIG STANDARD TYPE 2-A-900-7 s< < 1 ' EA $10,000.00 $10,000.00
230 617713099 SIG .STANDARD TYPE 2-A-900-9 ,:; 1 EA $11,850.00 $11,850.00;,: ��`
231 617713100 SIG STANDARD TYPE 3-A 9f#l D r 'y 1 EA $12,500.00 $12,500.00
232 617763101 DETECTORILOOP 37 EA $750.00 $27,750.00
f.
233 617763601 DETECTOR/LOOP S# LC) GAB)rE` ' 3500 LF $1.00 $3,500.00
234 617903250 PUSH BUTTO NIP EfJ'E 'J'RfN 6 EA $265.00 $1,590.00
235 617903270 PUSH BU.Fl`OON-�RFIT 1 EA $200.00 $200.00
236 617903502 EMER PR>=�E' 9 "MPTION DET CABLE
y" ` ' 263 LF $1.30 $341.90
237 619010051 SIGNS ALUIi§'FIEET INCP. I 20 SF $33.50 $670.00
238 619010075 SIGNS-ALUM REFL SHEET 1 1.9 SF $24.00 $45.60
239 619010085 SIGNS-ALUM REEL SHEET Ill 121.6 SF $26.50 $3,222.40
240 619010200 RESET SIGNS 2 EA $75.00 $150.00
241 619010230 REMOVE SIGNS 14 EA $20.00 $280,00
242 619010340 POSTS-TUBULAR STEEL-SQ-PERF 717.1 LB $8.55 $6,131.21
E43 ]:::619010480 POLES-TREATED TIMBER-BARN 4 IN 14 LF $0.00
H:U638%041D0CSZPECS10300 bldform_rev_traf.doc
Page 6 of 12
EXHIBITD
TOTAL
ITEM MDT ITEM ESTIMATED UNIT EST.
NO. NO. DESCRIPTION QUANTITY UNIT PRICE PRICE
144 619010770 Q TUBULAR SLIP BASE BKWY-3 5 EA $345.00 $1,725.00
A5. 619011179 DELINEATOR-FLEX SURF WH 2 EA $53.00 $106.00
?46 619011180 DELINEATOR-FLEX SURF YLW 5 EA $53.00 $265.00
?47 618030160 REMOVE PAVEMENT MARKINGS 780.6 LF $2.90 $2,263.74
A8 620013000F .STRIPING-WHITE PAINT(INTERIM- 22 GAL $22.00 $2,860.00
FALL
STRIPING-YELLOW
!49 620014000E PAINT INTERIM-FALL 1 GAL $130.00 $130.00
150 620013000S STRIPING-WHITE PAINT(INTERIM-SPRING . 22 GAL $130.00 $2,860.00
51 620014000S STRIPING-YELLOW 1 << ; GAL $130.00 $130.00
PAINT INTERIM-SPRING
R&R EXISTING CONTLR/TRAF-
;52 617605120 1 =A $1,180.00 $1,180.00
ACTUAT TYPE 8-A
53 619214D00 POLES-TREATED TIMBER CLASS + 14 " LF $45.00 $630.00
4 <
UNIT
53 608030080 TRAFFIC CONTROL 4.<7:: y'>1.50 S $0.90 $13,500.00
54 109200000 MOBILIZATION LS $19,130.00 $19,130.00
S'yJpp
OTAL UNIT PRICE BID -SCHEDULE 11
D9 schedule 11 Total Bid in Figures: 421.15<$. 3 ,
H:13638100400CS\SPECS10300 bidform_rev Amf.doc
Page 7of12
HITITD
Change Order
No. '1
Date of Issuance: June 16.2006 Effective Date: June 16,2006
Project US 191-802EMAN Owner. MITCHELL DEVELOPMENT GROUP,LLC Owners Contract No.:
Contract MEMORANDUM OF UNDERSTANDING(MDT)Oar2S104 Date of Contract: September 15,2005
Contractor: Mordana Unes,Inc. Engineer's PmjoctNo.; 308.004.01.0310
The Contract Documents are modified as follows upon execution of this Change Order.
Description: Additional i oms due to City direction(thermoplastic striping)and field modifications to elecuical and
sigrcng.,Ind.Work Change Directive No.1
Attachments: (List documents supporting change): See attached: HUFFINE LANE&
i ntnri GP o%rr INITERFECTIONI I MPROVELAENITS CHAM E rlRnFR VU
CHANGE IN CONTRACT PRICE: CHANG ::tN'CtJNTRACT TIMES:
Original Contract Price: Original Contract Times: []..Won. (ng days Q Calendar days
Substantial,completion(dak '"date):75 days
$ 309 421.15 _ Ready for fih�l p'i`t(days or date):75 days
[[ncrease][Decrease]from previously approved Change [Inerea$lpjl- 'crea5 t] fir previously approved Change Orders
Orders No. to No, tom: E;:. ';: to No.
%t star l completion(days):
for final payment(days):
Contract Price prior to this Change Order. GonFractTimes prior to this Change Order.
Substantial completion(days ordate):75 days
Ready for final payment(days or date):75 daYs
ncrease [Decease]of this Change OitleF.,s'h ncrease]Decrease]of this Change Order.
Substantial completion(days or date):45 days
$42 384.50 _ Ready for finial payment.(days or date):60 days
Contract Price Incorporating this Change Order. Contract Tunes with all approved Change Orders:
Substantial completion(days or date):120 days
S351.805 65 Ready for final payment(days or dale):135 days
RECOMMENDED, ACCEPT D' ACCEPTED:
1 i
By. r T� �� By.
Engineer(Authorized SIg ) r(Aulhe ized'Signa=) Cordractnr(Auttwrtrad Stgnatu e)
Date: U(- /(� 0�n Dale: Z —7 Date:
Approved by Funding Agency Of appttcaUtt): Date:
Change Order—Page 1 of 2
H:\363B\004.011DOCS\ConstructionlPay Estimates\Change Order01.doc
611 M6
EXHIBIT
Am
1OI msoN E A 70,<lII;Mom Hour 3MOOI.01.050.0310
PAGE ONE(1)
HUFFINE LANE & FOWLER AVE INTERSECTION IMPROVEMENTS
Bozeman,Montana
CHANGE ORDER#1
OWNER"S NAME AND ADDRESS: CONTRACTOR'S NAME AND ADDRESS:
MITCHELL DEVELOPMENT GROUP,LLC MONTANA LINES,INC.
PO BOX 738 2800 UPPER RIVER ROAD
GREAT FALLS,MT 59403 GREAT FALLS,MT 59406
CONTRACTTIM,E: 150 DAYS
WORK TO START: WORK STARTED; COMPLETION DUE:
March 13 2006 March 13 2DO6 iLdy 31 2008
CHANGE ORDER ITEMS
, ate';EORIGINAL'PROPOSA[ =c PERFORMEO'TOUATE:
DESCRIPTION OUANTRY UNIT 'UNIT PRICE ':''ANIODNT OUANTITY' AMOUNT:
30D WORDS 8 SYMBOLS-PLASTIC 443 SF $17.45 $7.723.37 0.0 $0. 0%
301 IREMOVE WOROSISYMBOLS PLASTIC 68 SF $14.50 S980,081 0.0 $0. 0%
302 STRIPING-WH PLASTIC IN 147 LF $3.15 S462.74 0.0 $0.0 0%
303 STRIPING-WH PLASTIC 8 IN 1277 LF $6.30 $8,046.99 0.0 $0.0 0%
304 STRIPING-WH PLASTIC 24 IN 235 LF $1620 .< "$3600,52 0.0 $0. 0111
305 STRIPING-YEL PLASTIC IN 503 LF S3.20 $. $08.5)8 0.0 S01 0%
308 REMOVE PLASTIC STRIPING 4 IN EOUN 509 SF $2.00 ,01d;�0 0.0 $0.0 0%307 REMOVE RUMBLE STRIP 1 B" 546 LF $6.75
308 SERV ASSEMBLY-20 AMP 1 EA $1,8I Q0 $'j 605.00 0.0 $0. 0%
309 MODIFY SERV ASSEMBLY-S-2 1 EA 1,8? 0 ;1,825.D0 1.0 51,825.0 100
ADDITIONAL ITEMS
REMOVE 8 SALVAGE(POLE ii9) 1 4<:a$^_<%;S1'i*2 o St,o62-50 1.0 s1.062_ 100'Y
WORK CHANGE DIRECTIVE NO.1-EPDXY STOP BAR {? ;$825.D0 $825.00 1.0 $825. 100%
SPECIAL USE S1GN•24Xt8 5 5 EtX' '$31.81 5159.05 5.0 $159.0 100%
SPECIAL USE SIGN42X18 6 ^E.EQ>'`' f46.97 $281.82 6.0 $281.8 1001/6
MOBILIZATION-ADD1(For Thermoplastic Operations) ;.; '-tu $9,300.D0 $9,3W.00 0.0 $0 0%
INTERIM STRIPING xRgritjp;:
EPDXY STRIPING Ijle�dlri'
SCHEDULE 3 SUB TOTAL `"':�' '• :> .;', $42,384.50 V.153,37 -
EXHIBIT D
Change Order
Instructions
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be
incorporated into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order.
The practice, of accumulating Change Orders to reduce the administrative burden may lead• to
unnecessary-disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be
addressed.
For supplemental instructions and minor changes not involving,a change in the Contract Price or Contract
Times,a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM ;,
Engineer normally initiates the.form, including a description Of e GN-119es involved and attachments
based upon documents and proposals submitted by Contractor,or rkiJigsiffrom Owner,or both.
Once Engineer has completed and signed the form, all cppieshouid tre sent to.Owner or Contractor for
approval, depending on whether the Change Order is a ffu.;ortr to the Contractor or the formalization of
a negotiated agreement for-a'previously performed,.,chan'o'Aft" approval by one contractirig party, all
copies should'be sent to the other party for appr -Erigideer should make distribution of executed
copies after approval by both parties. %
13,E a
Xrfi'i
if a change only applies to price or to times;.croas oil#depart of the tabulation that does not apply.
'W
. A
Change Order—Page 2 of 2
H:ti36381004.01\DOGS\Construction\Pay F,sumates\Change`Order0l,doc
6116106'
EXHIBIT
Change Order
No. 3A
Date of Issuance: December 5,2006 Effective Date: December 5,2006
Prelocr. US 191-BOZEMAN Owner. MITCHELL DEVELOPMENT GROUP,LLC Owner's Contract No.:
ContracL MEMORANDUM OF UNDERSTANDING(MDT)W25M4 Data of Contract September 15.2005
Contractor. Montana Llr=,Inc. Engineer's Project No.: 3638.004.01.0310
The Contract Documents are modified as follows upon execution of this Change Order:
Description: Additional mobilizations due to construction sequencing beyond Contractors control. Additional
traffic eorrrol due to timing of Final Plat filing and subsequant transfer of right-of-way.
Attachments: (List documents supporting change)
Montana Lines,Inc letter dated October 9,2006 and Mitchell Development,LLC letter dated November 3,2006
Table'HUFFINE LANE&FOWLER AVE?INTERSECTION IMPROVEMENTS,Change Order 03A'
CHANGE IN CONTRACT PRICE: CHANGE UJ CONTRACT TIMES:
Original Contract Price: Original Contract babes: ❑'ahlbrking days ❑Calendar days
Subs tan[id1',corf Afion(days or dale):
$ 309,421.15 Ready far f(na:Qaji# nt(days or date):.
Increase [Decrease]from previously approved Change (1ficlea5 :[Dt)trease] from previously approved Change Orders
z .
Orders No. 1 to No. 2 Na%z •�' to No.
Shgal (days):
$42,384.50 ".;k a2 y for final payment(days):
f
Contract Price prior to this Change Ordt3T > "Contract Times prior to this Change Order.
Substantial completion(days or date):
$351,805.65 IAY. Ready for final payment(days or date):
Increase [Decrease)of this Change Oriier: [Increase[[Decrease]of this Change Order.
Substantial completion(days or date):
$22,436.80 Ready for final payment(days or date):
Contract Price incorporating this Change Order, Contract Times with all approved Change Orders:
Substantial compietion(days or date):
$374,242.45 Ready for final payment(days or date):
RECOMMENDED: n ACCEjPF ACCEPTED.
By N
Engineer(Authortred S gnatu 1 Owner(Auftrimd Signatures) Cortra d T
Date: 10 Date: fJ� / d �7 Date: O
Approved by Funding Agency(If applicable): Date:
Change Order—*Page 1 of 2
H:136381D04.D11DOCS1CbnstructionlPay EstimateslMT LINES1Change Order03A(MT_Lines).doc
12/5/06
EXHIBIT
Change Order
Instructions
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect
Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be
incorporated into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order.
The practice of accumulating Change Orders to reduce the administrative burden may lead to
unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be
addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract
-Times,a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORMV`}W.y'
Engineer normally initiates the.form, including a description of thehaiges involved and attachments
�nY.
based upon documents and proposals submitted by Contractoror regt#8sts from Owner, or both.
Once Engineer has.completed and signed the.form, all t op16"s3%should'be sent to Owner or Contractor for
approval,'•depending on whether the Change Ordepjs a trti grd to the Contractor or the formalization of
a negotiated agreement for a previously perform0'.'. lge N;After approval by one contracting party, all
copies should be sent to the other party for apprd (. Jng%rieer should make distribution of executed
copies after approval by both parties.
If a change only applies to price or to time'xac!`iva otahe part of the tabulation that does not apply.
vn;
S1�t
Change Order—Page 2 of 2
H:\3638\004.01\DOCS\Construction\Pay EstimategUT LINES\Change 6rder03A(MT_Ltnes).doc
1215106
EXHIBITD
IMORRISON ,004.01.05.M10
wit aaza.00t.ol.oso.mla
MAIERLE,IKc.
[� PAGE ONE 01
HUFFINE LANE & FOWLER AVE INTERSECTION IMPROVEMENTS
Bozeman,Montana
CHANGE ORDER#3A
OWNER"S NAME AND ADDRESS: CONTRACTOR"S NAME AND ADDRESS:
MITCHELL DEVELOPMENT GROUP,LLC MONTANA LINES,INC.
PO BOX 738 28DO UPPER RIVER ROAD
GREAT FALLS,MT 59403 GREAT FALLS,MT 59406
CONTRACTTIME: 150 DAYS
WORK TO START: WORK STARTED: COMPLETION DUE:
March 13.2008 March 13 2006 Ocictror 31 2008
CHANGE ORDER ITEMS
ORIGINAL PROPOSAL PERFORMED TO DATE
DESCRIPTION QUANTITY 1UNCf UNIT PRICE AMOUNT OUANTiTY AMOUNT 1 %
ADDITIONAL ITEMS
ADDITIONAL MOBILIZATIONS-(CONSTRUCTION 1 LS $10,WU.00 $:�.'0.030.00 1.0 $10,000. 100%
SEQUENCING) ;
ADDITIONAL TRAFFIC CONTROL-(CLOSED LEG OF �;f.
49 DAY S2 SD.-r;.5':.5 iO2;,9,20 49.0 S12,436.2 100%
FOWLER AVE) {,;
�•> X
r. _U-14-
SUB TOTAL ;EXN. S=436.20 $22,436.20_
t
r:ri'a
4
t �.
EXHIBITD
Mitchell Development Group, LLC
Value of Dedicated Land
1 Fowler Avenue Land Dedication
Width of Dedication (feet) 100.00
Length of Dedication (feet) 1,265.00
Fowler Dedicated Square Footage 126,500.00
Value Per Square Foot $ 8.00
Value of Fowler Dedication $ 1,012,000.00
2 Garfield Street Land Dedication w
s
Width of Dedication (feet) 32.50 .
Length of Dedication (feet) 2,427.00 rt<
Garfield Dedicated Square Footage -7-8,877.50
Value Per Square Foot ''r; $
8.00
Ai
Value of Garfield Dedication z ,� � ' $ 631,020.00
Total Value of Dedications;: ' ;_ - $ 1,643,020.00
:4 1 `=
ED
_7LT- RL
JARDINE, STEPHENSON, BLEWETT
GARY W.BJEII-AND RETIRED:
JONT. I.CA"BELHOLDEN vL�LDEN
LON T. L & WEAVER, P.C. DONALDJ.HAMILTON
JOSEPH D.HOUSTON ATTORNEYS AT LAW JACK L.LEWIS
DANIEL T.JONES 300 cEKrRAL AV@1t1E ARTHUR G.MATTEUCCI
]ON J.KUDRNA SEVUM FLOOR,U.S.BANK BUILDING IC DALE SCHWANKE
BRION C.LINDSEiH P.O.Box2269 JOHN D.STEPHENSON
SUE ANN LOVE GREAT FALLS,MONTANA 59403-2269
GEORGE N.McCABE TEL:(406)727-50D0
ROBERT B.PFFNNIGS FAX:(406)727-5419
BRION L.TAYLOR E-MAtL:lindaeth@jardinelaw.com
PATRICK R_WATT
WARREN C.WENZ
November 25,2009
Bob Murray
City of Bozeman
P.O. Box 1230
Bozeman,MT 59771-1230
Chris Saunders
City of Bozeman
20 East Olive Street
P.O. Box 1230
Bozeman, MT 59771
Re: Mitchell Development Group, LLC/The Bozeman Gateway
Impact Fee Credit Request
Gentlemen:
First, I would like to thank you for taking the time to meet with Mr. Mitchell and
me next Tuesday, December 1, at 10:30. The purpose of this letter is to provide an
update on the current status of our previous discussions regarding Mitchell
Development Group, LLC's ("MDG") request for impact fee credits prior to our
meeting next week.
During our last meeting, we discussed the areas in which the City of Bozeman
("City") and MDG were in agreement and the areas in which the City and MDG have
not yet reached an agreement. I will first set out the areas on which I believe the City
and MDG are in agreement and I will then identify the areas which I believe require
additional discussion.
When we last met, Mr. Murray provided John Davison of MDG and I with
descriptions of the items which the City of Bozeman ("City") agrees are eligible for
impact fee credits. I believe that MDG and the City are currently in agreement that the
following items are eligible for impact fee credits:
1. Fowler Installation: MDG is entitled to impact fee credits for Twenty-
Five percent (25%) of the costs associated with the installation of Fowler
Avenue. Morrison Maierle specifically identified the costs MDG incurred
to install Fowler Avenue and has summarized those costs in the
spreadsheet attached to this letter as Exhibit A. According to Morrison
Maierle, MDG has invested a total of $289,435.75 to install Fowler
EXHIBIT E
Letter to City of Bozeman
November 25,2009
Page 2 of
Avenue. Currently, the City's position is that only Twenty-Five Percent
(25%) of those costs are eligible for impact fee credits. Thus, the total
MDG and the City currently agree is eligible for impact fee credits is
$72,358.94 ($289,435.75 x 25% = $72,358.94). As is further described
below,MDG feels that percentage should be much higher
2. Sanitary Sewer Line: MDG is entitled to impact fee credits for ninety
two percent (92%) of the costs associated with the installation of the 21
inch sanitary sewer line. Morrison Maierle also specifically identified the
costs MDG incurred to install the 21 inch sanitary sewer line and has
summarized those costs in the spreadsheet attached hereto as Exhibit A.
According to Morrison Maierle, the costs MDG incurred to install said
sewer line totaled $257,997.40. However, $13,850.00 of those costs were
associated with 8 inch lines that MDG connected to the 21 inch line and
are more specifically attributable to MDG's Gateway Development.
MDG recognizes that the $13,850.00 associated with the 8 inch lines may
not be eligible for reimbursement, therefore the total of the 21 inch
reimbursable costs is $244,147.40. MDG and the City agree that Ninety-
Two percent (92%) of the costs associated with the 21 inch sewer line are
eligible for impact fee credits. Thus, the total impact fee credits MDG
should receive for the sewer line installation is $224,615.61 ($244,147.40
x 92%=$224,615.61).
3. Fowler and Huffine Intersection: MDG is entitled to impact fee credits
for all of the costs associated with the signalization and associated
modifications of the intersection between Huffine street and Fowler
Avenue. Morrison Maierle specifically identified the costs MDG incurred
to install the improvements to the intersection of Fowler and Huffine and
has summarized those costs in the spreadsheet attached hereto as Exhibit
B. According to Morrison Maierle, the costs MDG incurred to improve
the intersection of Fowler and Huffine totaled $384,579.39. MDG and
the City agree that the total of said improvements is eligible for impact
fee credits. As further described below, MDG continues to contend that
costs related to improvements MDG made to other intersections are also
reimbursable.
Thus, as of our last meeting, I believe that MDG and the City are in agreement
that MDG is entitled to impact fee credits in the following amounts:
1. Fowler Installation.............................................................$ 72,358.94
2. Sanitary Sewer Lines.........................................................$224,615.61
3. Fowler and Huffine Intersection.......................................$ 384,579.40
Totals
EXHIBIT E
Letter to City of Bozeman
November 25,2009
Page 3 of
Furthermore,MDG contends it is entitled to additional reimbursement for certain
costs described above as well as other costs not specifically addressed above on which
MDG and the City have not yet reached a mutually agreeable resolution. MDG is
seeking additional reimbursement for the following items:
1. Fowler Installation: The City's 20/20 plan specifically identified Fowler
Avenue as a five lane minor arterial. MDG installed Fowler Avenue as a
five lane minor arterial in compliance with the City's 20/20 plan which
dramatically exceeds the capacity reasonably required by MDG's
Gateway Development. Thus, MDG believes it is entitled to a much
higher reimbursement percentage for the costs associated. with the
installation of Fowler Avenue.
2. Additional Intersections: MDG believes it is entitled to reimbursement
for costs associated with improvements it has made to the following
intersections:
a) Huffine Lane and College;
b) Huffine Lane and Harmon Stream; and
c) GarfieId and South 19`h.
MDG incurred costs to upgrade and improve each of the above described
intersections. The cost of those improvements MDG made to the
intersections along Huffine Lane (items a and b above) was $459,005.42.
The costs MDG incurred as a result of the improvements made to Garfield
and South 19'h are additional sums which MDG will provide under
separate cover. The improvements and alterations that MDG made to
each of the above intersections eliminated dangerous conditions existing
prior to MDG's work and represented major improvements to the City's
street system. In addition, many of these improvements were not located
within the bounds of the Gateway Development. MDG believes and
continues to contend that all or at least a significant portion of the
improvements MDG made to the intersections described above are
eligible for impact fee credits or reimbursement of another type.
3. Garfield Street Improvements: MDG believes it is entitled to
reimbursement for all or a significant portion of the costs it incurred to
install and improve portions of Garfield Street. MDG also invested
approximately $1,951,560.16 in the installation and improvement of
Garfield Street. The improvements MDG made to Garfield Street
represented major improvements to the City's street system and the traffic
flow patterns in the area. "The improvements MDG made to Garfield are
not within the bounds of the Gateway Development and provide traffic
capacity that exceeds the needs of the Gateway Development.
EXHIBIT E
Letter to City of Bozeman
November 25,2009
Page 4 of 4
4. Dedicated Land: MDG believes it is also entitled to compensation or
reimbursement for the value of the land dedicated to the City for purposes
of the construction of Fowler Avenue as well as the procurement of the
dedications and easements necessary for the extension of Garfield Street
from Fowler Avenue all of the way to South 19''. The City accepted the
dedication of each of the above described land. As MDG previously
described in its application for impact fee credits as well as various other
correspondence, MDG believes that it is entitled to impact fee credits
equal to the fair market value of the land referred to above at the time of
dedication. Unless MDG and the City arrive at a mutually agreeable
estimate of the fair market value of the land referred to above, .then the
Bozeman Municipal Code provides that the fair market value may be
established by a private appraiser.
Once again, thank you for taking the time to meet with us next week and we are
looking forward to working toward a mutually agreeable resolution to these issues.
Very truly yours,
JARDINE, STEPBENSON,BLEWETT&WEAVER,P.C.
/s/ Brion C. Lindseth
By
Brion C. Lindseth
Enclosures
cc: Theodore Mitchell
EXHIBIT E
9 MORRISON My 17,2007
MA1P�RLE'IKC. MM#3638.009.040.0310 3t0
An EMpbytf- ned Company PAGE ONE(1)
FOWLER AVENUE COSTS
Bozeman, Montana
FOWLER AVENUE ROAD COSTS
INSTALLED
DESCRIPTION UNIT UNIT PRICE QUANTITY AMOUNT
101 Clearing and Grubbing/Topsoil Removal and Stockpile CY $1.25 3,411.0 $4,263.75
102 Street Excavation/Embankment(Site Grading) CY $2.26 6,535.0 $14,703.75
103 Pit Run Gravel CY $8.29 ,, Q,923.0 $90,114.76
104 1-112 Inch(1-1/2")Minus Crushed Base Course CY $14.50 ,. $36,569.00
105 Hot Plant Mix Asphalt Surface Course TON $32.90 1, 060.0 $66,950.00
106 Concrete Curb and Gutter LF 9.00 2,470.0 $22,230.00
106A Median Curb %$12.00 ,302.0 $27,624.00
106B Median Cap SF tl9k6,P, 1,385.0 $8,310.00
137 Pavement Markings-4"White 0.2 11,750.0 $2.937.50
139 Pavement Markings 4"White-Dashed LF 2 3,900.0 $468.00
141 Pavement Markings-24"While-Stop Bar F $18.00 20.0 $360.00
142 Pavement Markings-24"-White $3.50 455.0 $1,592.50
143 Pavement Markings-8"White , F $6,75 1,000.0 $6,750.00
144 Pavement Markings-Words and Symbols 5F $17.50 375.0 $6,562.50
FOWLER ROAD TOTAL lk $289,435.75
SEWER COSTS
INSTALLED
DESC ON UNIT UNIT PRICE QUANTITY AMOUNT
201 8 Inch Sanitary Sewer Stubs to Ga LF $50.00 277.0 $13,850.00
202 21 Inch Sanitary Sewer LF $40.00 1,749.0 $69,960.00
203 60 Inch x 5 Foot SS Manhole EA $3,500.00 10.0 $35,000.00
204 Modify Existing Manhole Connecting to Existing SS EA $5,000.00 1.0 $5,000.00
205 60 Inch SS Manhole-Additional Depth VF $200.00 91.4 $18,280.00
206 Jack and Bore 36 Inch Casing LF $827.91 140.0 $115,907.40
21"SEWER SUBTOTAL $257,997.40
201 8 Inch Sanitary Sewer Stubs to Gateway LF $50.00 7F -277.0 ($13,850.00)
21"SEWER TOTAL $244,147.40
EXfi
• MORR[SON ff,1311
MAIERLE,[t c.
PAGE ONE 11I
HUFFINE LANE&FOWLER AVE INTERSECTION IMPROVEMENTS
Bozeman,Montana
HUFFINE AVEJFOWLER ST.
(TRAFFIC ELECTRICAL AND ROADWAY CONSTRUCTION PORTION)
o-?"4�`LFf.�.•T�.r.:;i'�{I.,.`e,� _•,:.r,�$^i�iCL::1 GaY'i+ ^t., 'OO
Gua.a ;sf ,F:rn .h DESCR 011:::''. I';• pu+vl� f QUANTITY UNIT :UNtTPRICE:,,i•,:AM0171�1
FOUNDATION-CONCRETE 14.6 CY SIMS= $13.213,00
CONDUIT-PLASTIC 1-17Y 1,017 LF $7.75 $7,881.75
CONDUIT-PLASTICY 311 LF 310.00 $3,110.00
CONDUIT-PLASTIC2-1/r 579 LF $14.20 $8221,90
CONDUff-PLASTIC 3- 88 LF $15.00 $1.320.00
PULL BOX-CONCRETE TYPE 1 2 EA 3300.00 5800.00
PULL BOX-CONCRETE TYPE 2 5 EA $350.00 $1.750.00
PULL BOX-CONCRETE TYPE 3 1 EA $470.00 $470.00
CABLE COPPER 7AWG14-6WV 579 LF $1.05 $607.95
CABLE COPPER 16AWG14-600V 990 LF $1.95 $1,831.50
CABLE COPPER 6 PAIR AW G19 COMM 258 LF $1.35 $348.30
CONDUCTOR-COPPERAWGB•800V 247 LF $0.90 $222.30
,CONDUCTOR-COPPER AWGB-600V 873 LF $0.75 S654.75
CONDUCTOR-COPPER AWG70$WV 640 LF $0.45 3288.00
CONTROLLER-CAB PEDESTAL TYPE P 1 EA $890.00
LUMINAIRE ASSEMBLY-4WWS.V. 2 EA 00 S730.00
SERV ASSEMBLY�0 AMP 1 EA 1,780. $1,760.00
PHOTO ELECTRIC CONTROL 1 EA $120.00
StG-TRAF 3 COL-1 WAY 12-12-12 15 EA $ $13500.00
SKI-PEDESTRIAN TYPE_2 8 EA 5755. S6,040.00
CONTLRITRAF-ACTUAT TYPE 8•A 1 $25,320.0 S25.320.00
SIG STANDARD TYPE 1-120 $825.00 $1250.00
SIG STANDARD TYPE 2-A-900-0 St ,750.00 310.750.00
SIG STANDARD TYPE 2-A-900-7 1 146 EA ,000.00 510,000.00
SIG STANDARD TYPE 3•A-900-9 511.850.00 1 311.850.00 -
SIG STANDARD TYPE3-A•900.0 512,500.00 $12,500.00
DETECTORILOOP 3010 EA S750.00 $22,5110.00
DETECTOR/LOOP SHLD CABLE 41 LF $1.00 $4.194.00
PUSH BUTTON/PEDESTRIAN EA $265.00 $1.060.00
EMER PRE-EMPTION DIET CABLE jab LF $1.30 $518.70
REMOVE RUMBLE STRIP 18' 550 LF $6.75 $3.712-50
TEMPORARY PAINT 1 LS $292.00 $292.00
SIGNS-ALUM SHEET INCR(1) 10 SF $33.50 $335.00
SIGNS-ALUM REFL SHEET III) 754 JEA
$26.50 SZ000.75
RESETSIGNS 2 $75.00 $150.00
REMOVE SIGNS 2 S20.00 S40.DO
POSTS-TUBU LSO-P 199.6 $8.55 S11,708.58
POLES-TREA ER 30.0 S35.00 $1.050.00
SOTUBULARSUP -3 IN 1 $345.D0 $345.00WORDS d SYMBOLS-P 183 $17.45 S32DO.33
STRIPING•W H PLASTIC 4 ttCW 485 LF $3.15 $1,527.75
STRIPING-WH PLASTIC S IN 593 LF $8.30 $3,73527
STRIPING-WH PLASTIC 241N 83 LF $16.20 $1,342-08
STRIPING•YEL PLASTIC 41N 194 LF $320 $622.08
TRAFFIC ELECTRICAL PROPORTION OF MOBILIZATION 0.49 LS $28,430.00 $14,068.07
TRAFFIC CONTROL ELECTRICAL PORTION OF MOBILIZATION 0.49 LS $41.799,15 $20,663.56
REMOVESIDEWALK 64 SY $15.00 $960.00
REMOVE CURB d GUTTER 115 LF $6.00 $690.00
EXCAVATION-UNCLASSIFIED 452 CY 517.50 S7,910.00
EMBANKMENT IN PLACE 203 CY S20.00 S4,060.00
TOPSOIL.SALVAGING d PLACING 51 CY E12.50 $637.50
CRUSHED AGGREGATE COURSE 1,079 CY $2250 $24,2T7.60
COVER MATERIAL GRADE 4A 61 TN $65,00 $3.965.00
DUSTPALLIATIVE 13.8 TN $130.00 $1,794.DO
PLANT MIX BR SURF,GER D.INCLUDES PG 64-28 524 TN S55.00 S28.820.00
EMULSIFIED ASPHALT SS-1 49 GA $750 $367.50
RCP ARCH 44 INCH,CL 3 8 LF $500.00 S3,000.00
SIDEWALK(CONCRETE 4' 3B4 SY $57.50 $22,080.00
TRAFFIC CONTROL(NO 010) 0 NA $0.00 $0.00
CURB-CONC 845 LF $17.60 $14,78750
SEEDING AREA NO 2 025 AC $2,D00.00 5500.00
FIBER OPTIC RELOCATION(AT&T) 1 LS $7.600.00 57,600.00
PAVEMENT MARKINGS 1 LS S34,630.00 S34,630.00
ROADWAY CONSTRUCTION PRORATION OFMOBRQATION 0.41 LS $25.000.00 310,188A7
TOTAL TRAFFIC ELECTRICAL AND ROADWAY CONTRACT $384,579.38
LUCMH 1L DFVF1-%QNT a .LL 54WP ZDff PAOPtFN olwaNt[M m -
CITY OF BOZEMAN
LI1 a DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
Alfred N't.Slit', h(.>IeSS10"'101 EvIlding phon I e-
20 East Olive Sfiee! fox 406-5182-21163
P.O. Box 1230
Bozenion, Nlontonct r)?771-1'X3o wv4w.1 o7en-ic.,ri.net
June 16,2010
Mitchell Development
PO Box 738
Great Fal)s.'VIT 59403
RE- Impact Fee Credit Request 0601
Dear Mr. Mitclicil:
The above-referenced application was received by the City on NovAr 0. 2006. As you are awarc.
discussions regarding this matter have been on-point:intelinitten v sine en. As we have discussed,all
impact fee credit requests must nice( the standards of chatz .T4. It t Fees. 13MC. A proposed
impact fee credit must meet the defined criteria for an 11111)aj�k I MCdit lai out in the chapter.
:after further internal discussion Start has concluded t is e req .ted credit (toes not conflorin to ihe
requirements of Chapter 3,24, Impact Fees. and tl ICS ere(it is beyond the ability of the. Staff lei
grant. Therefore,this lettel-is to give formal no I; r, test has been denied as Of the date ofthi,
letter. Reasons vary across different element f the tic and include failure to be iiniely in submittal.
to be properly listed on the Capital 1�AA21 roe eill ograin, and to be other than pr(?ject related
improvements'These are the same eo V%; C iscussed with you earlier. Please see [lie material
j
provided below.
This decision may be appeal, it aced le With Section 3.24.110.1 which is presented below. I have
HIso included with this left , if tI -necessary appeal Joni). An appeal is the correct vehicle to be
able to ultimately plac is trial v ore the City Commission vdio may then consider the Pacts and
arguments of the ma Ai appe diould he submitted to my office. We will then handle scheduling of
the review.
-3.24.11O.I. Any d crtni nat ion made by any official of the city charged with the administration
o --clopment Impact FL Ts Review Committee
of part of this chapter may be appealed to die DeN
by filing:
1.A written notice of appeal on a form provided by the City-,
2. A written explanation ofivhy the appellant feels that it determination was in error. and
3.). An appeal fee of live hundred dollars with the Impact Fee Coordinator within ten
working clays after the determination for whicli the appeal is being filed.
The Development Impact Fees Review (17t:iniinitlec shall meet to review the appeal within thins
working days of the date the written appeal was presented to the Impact Fee Coordinator. If the
appellant is dissatisfied with the decision (if the Development Impact Fees Review Committee.
the appellant may appeal the decision to the City Commission by filing a written request with the
City Clerk within Len working days of the Committee's decision. At the regular meeting
community Zoning ujbdivislcori annexalion hisloric neighLiodiood uMon
piannhV revi-,,q ppe,,er%rofion desion
following the filing of the appeal,the City Commission shall fix a time and place for hearing the
appeal; and the City Clerk shall mail notice of the hearing to the appellant at the address given in
the notice of appeal. The hearing shall be conducted at the time and place stated in such notice
given by the City Commission. The determination of the City Commission shall be final. If the
City Commission concludes that all or part of a determination made by an official of the city
charged with the administration of any part of this chapter was in error, then the appeal fee
described above shall be returned to the appellant."
You may find the complete text of Chapter 3.24, Impact Fees, BMC on the City's website at
http://www,bozeman.net/bozeman/planning/inipactFees,aspx.
Supporting Facts and Analysis
Summary of conformance to required criteria by IFCR-0601.
Requested Project Capacity CIP Listed CIP Timely Met All
Credit Related Expanding Funded Request Credit
Component _ (beyond (before, Criteria
project construction
related) or dedication
Land for Yes(provided No No No No No
Garfield St with MSU
Foundation
Annexation
Land for Yes(mostly No 92tNovia ?No No No
Fowler Ave provided with
MSU
Foundation
Annexation
Garfield Yes No No No No No
Construction
Fowler Yes P ly No No No No
Construction
College/Main Y rtain No No No No
reconstruction
Fowler/Main i Yes No No No No
Signal
Fowler Trunk Partiall Yes No No No No
Sewer
Applicable Definitions
Section 3.24.040,BMC— Impact Fee Capital Improvement Program(CIP),Improvement,Initiation of
Construction,Project Related Improvement
Section 7-6-1601,MCA—Impact Fee(excludes requirements needed to meet standards,on or off-
site[5iv])
Review Criteria—Must meet all criteria to be eligible for credit consideration.
Section 7-6-1603 (4),MCA—Credits permitted if:
(a)—Documented need
(b)—Property is appropriate
(c)—Procedures established to determine worth(Bozeman established in 3.24.100,BMC)
(d)—Procedures established to establish credits(Bozeman established in 3.24.100, BMC)
Page 2
City carries out 7-6-1603(4)MCA through Chapter 3.24,BMC,
Section 3.24.1 OO.A,BMC—Credits allowed to be considered if.
(1)Project is listed on the impact fee CIP
(2)Project is not a project related improvement as defined in 3.24.040.K, BMC
(3)Voluntary and accepted by City of Bozeman (Not Applicable in this case)
(4)Approved in writing by City in timely manner
Section 3,24,040.11,BMC—Improvements must expand capacity
Section 3.24.100.B, BMC—Request on City form,with adequate documentation,timely
submittal before initiation of construction
Conditions of Approval from the project relevant to impact fees
1.The applicant must comply with all provisions of the Bozeman Municipal Code,which are applicable
to this project.The applicant is advised that unmet code provisions,or code provisions that are not
specifically listed,does not,in any way,create a waiver or other relaxation of the Iawful
requirements of the Bozeman Municipal Code or state law.
2.Raised concrete medians shall be installed on Fowler Avenue wi se of the subdivision.
6.Where a path is being proposed in lieu of standard sidewalk,it ust b minimum of 10'wide as
shown in the Greater Bozeman.Area Transportation Plan, e a rel 11 on is granted by the City
Commission.
I 1 All improvements necessary to provide adequate lev ; servi' r the analyzed intersections must
be installed with the project. AML
19.The traffic impact analysis submitted for the al pproved by City Engineering and the
Montana Department of Transportation.A im a needed to provide an adequate level of
service for the analyzed intersections ins ith the project.
36.The applicant shall obtain and provi e P in office with the applicable access permit(s)from
the Montana Department of Tr orta fo a access onto US 191/West Main Street from
Harmon Street Boulevard and a and shall comply with all requirement of the permit.
37.The traffic impact analysis u itt t e project shall be approved by City Engineering and the
Montana Department o ati .All improvements needed to provide adequate level of
service for the anal inters must be installed with the project.
Information review iati ith this decision includes,but is not limited to,the Bozeman
Municipal Code,appli ,r ew materials,and related materials for the Bozeman Gateway
subdivision and planned velopment,impact fee credit application and subsequent correspondence
and meetings,and 7-6-160 et.seq.MCA.
Please feel free to contact me at 582-2260 if you have any questions. I will be out of the office from
Friday,June 18w until Monday,June 28,2010.
Sincerely,
Chris Saunders
Interim Director
Page 3
+ u
cc: :Brim Lindseth,PO Sox 2269,Great Falls,ALIT 59403
Greg Sullivan, City Attorney
Tim Cooper,City Attorney office
Chris Kukulski,City Manager
file
x
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Poge 4