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HomeMy WebLinkAbout14-The Knoll at Baxter West Major Subdivision P-13036 Harper Puckett Road Improvements Agreement J-514 Send Original to: Cit},of Bozeman Clerk P.O. Box 1230 121 North Rouse Avenue Bozeman,NTT-59771 2471997 Paae. i of 23 OVM2014 12 03 17 PM Fee $23 00 Charlotte mills - Galiatin County, MT 1111111113[11111111 III11113 1111 IN 11111111131111111111111111111111 IMP IMPROVEMENTS AGREEMENT FOR THE KNOLL AT BAXTER WEST MAJOR SUBDIVISION -� ..----- This AGREEMENT is made and entered into this day of 2014, by and between BMW, LLC hereinafter called the "Subdivider", and the ary OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of preliminary plat approval, Planning Application No. P-12014, for the Final Plat application of The Knoll at Baxter West Major Subdivision (#P-13036), to subdivide 26,314± acres together and create sixty -five (65) single-household residential lots and the remaining area as common open spaces, trails, and public streets; and WHEREAS, The Knoll at Baxter West Major Subdivision is a part of the Baxter Meadows Planned Unit Development(PUT)); and WHEREAS, it is the intent and purpose of the Subdivider to obtain Filial Plat approval for The Knoll at Baxter West Major Subdivision; and WHEREAS, the Final Plat for The Knoll at Barter West Major Subdivision, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements related with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of TIte Knoll (it Baxter West Major Sulodivision, WHEREAS, Section 38.39.030.D, BBC, provides that when municipal water distribution and municipal sanitary sewer collection systems and city streets are being provided to serve a development proposal occurring under the provisions of article 20 of this chapter, planned unit development (PUD), the issuance of a building permit may be allowed prior to completion of the public infrastructure, if the following criteria are met: 1. The subject property shall be developed under the provisions of article 20 of this chapter; 2. The subdivider or other developer must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city; 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building pen-nit for the development; 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the city; 5. The subdivider shall provide and maintain. fire hazard and liability insurance which shall name the city as an additional insured and such issuance shall.not be cancelled without at least 45 days prior notice to the city. The subdivider shall furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof; 6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; 7. The subdivider shall enter into an agreement with the city which provides for predetermined infrastructure funding options; 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will.be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the city; The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 2 9. The subdivider shall enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; 10. The subdivider shall execute a hold harn-iless, and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action,judgments and damages resulting from or arising out of the issuance of a building permit under this section; 11. The subdivider shall pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. The developer and general contractor shall agree that there shall be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and 13. Subsequent to preliminary plat or plan. approval, a concurrent construction plan, addressing all requirements of this section, shall be submitted for review and approval of the review authority with a recommendation from the development review committee. WHEREAS, it is the intent and purpose of the Subdivider for The Knoll at Bayer West Mqjor Subdivision to implement a plan to meet and complete all criteria under Section 38,39.030.D, BMC, to allow the issuance of for building permits for any and all lots and Certificates of Occupancy for any lots up to but not to exceed 44 lots within The Knoll at Ba:rter West Major Subdivision, and WHEREAS, in order for the City to insure health safety and general welfare the Subdivider shall provide certification with each lot, or group of lots, requesting Certificate of Occupancy to the City that shows issuance of Certificate of Occupancy would not constitute a safety hazard as required by Section 38.39.030.1 .8, BMC. The certification must be performed by a professional licensed in the State of Montana such a registered engineer or architect qualified to make such a determination, and WHEREAS, the plan to meet and complete all criteria under Section 38.39.030.1 , BMC, hereinafter called the "Concurrent Construction Plan" is attached and made a part of this Agreement, as Exhibit"B". The Knoll at Baxter West Major Subdivision--Harper Puckett Road Improvements Agreement 3 NW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being. THE KNOLL AT BAXTER WEST As shown on the exhibit attached and made a part of this Agreement, as Exhibit"A". 2. Improvements This Agreement specifically includes the following improvements to Harper Puckett Road: the east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision. The Estimated Cost of said improvements for parkland landscape and irrigation equipment has been estimated by BBG Contractors, P.C. Box 1267,Bozeman,MT 59771, at Three Hundred Thirty Nine Thousand F°ourty Two Dollars arcs No Cents($339,042.00). The estimate is attached and made a park of this Agreement, as Exhibit"C". 3. Financial Guarantee Time for Completion of Improvements,Additional restrictions It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore, this Agreement shall be secured by a Letter of Credit (Bank of America, N.A.; $508,563.00) acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. Presentation of this Letter of Credit may be made by facsimile transmission as stated on the face of the Letter of Credit. The Fetter of Credit shall be extended as necessary to maintain the required security. The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 4 The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed on or before August 1, 2014 in order to avoid default on the method of security. The Subdivider agrees that no delegation of performance required by this agreement shall relieve the Subdivider of any duty to perform or any liability for the breach of that duty to complete said subdivision improvements required for The Knoll at Baxter West Major Subdivision. Upon submission of fully documented invoices for the work performed, said work to be inspected and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the letter of credit for the work completed by the referenced invoices. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement, and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence of this Agreement. If the Subdivider shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period often (10) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at BMW, LLC, 235 Greenbills Ranch Road, Bozeman, MT 59718 , or such other address as the Subdivider shall provide to the City from time to time, without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do so. In the event that ally funds The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 5 remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. B) The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the event that it is narned as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or employee of the City. 7. Attorney Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 8. Warranty The Subdivider shall warrant that these improvements are made in a good and workman-like manner and against defects of all improvements for a period of two(2)years from the date of their written acceptance by the governing body. 9. Governinll Law This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modification or Alterations The Knoll at Baxter West Major Subdivision—Harper Puckett Road:Improvements Agreement 6 No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assi nment It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve (12), this Agreement shall be binding upon, ensure to the benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns.. 14. Filing. The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the within 10 business days of the signature of the Community Development Director. The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 7 SUBDIVIDER o BY: WALT WOLF, MANAGING MEMBER, BMW, LLC STATE OF MONTANA :ss County of Gallatin On this day of 2014, before me a Notary Public of the State of Montana, personally appeared Walt Wolf,wn to me to be the person that executed the foregoing Improvements Agreement, and acknowledged to me that they executed the same for and on behalf of said Subdivider. *Managing Member of BMW, LLC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) TARA L HAS u IL (Printed Name Here) Notary Public for the State of Montana Dozom�o, [Vr,rt,'ina Residing at & My rornmission k:;p My Commission Expires: April 04, 0017 (Use 4 digits for expiration The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 8 THE CITY OF BOZEMAN BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA :ss County of Gallatin On the day of a.A\),-( �4, 2014, before me, a Notary Public for the State of Montana, personally appeared Wendy Thomas, known to me to be the person described in and who executed the foregoing instrument as Community Development Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) —td I ARA L I MS V 1E ne Here) (Print�e ai Notary Public for the State of Montana 1A i tJ�C Z"t�Je 0i �"'O ntai Residing at F-i-)- 9 ek'y\ My Commission Expires. My Con)� �Pril 04' 20� i (Use 4 digits for expiration ar) The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 9 EXHIBIT "A" LOCATION AND LEGAL DESCRIPTION FOR IMPROVEMENTS TO HARPER PUCKETT ROAD ------------------------------------------------------------------------------------------------------------------------------- Date: Project: The Knoll at Baxter West Major Subdivision Developer: Wait Wolf Managing Member,BMW, LLC. ------------------------------------------------------------------------------------------------------------------------------- See attached. The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement 10 I I I I I I (6 — _....... td a I � z t L (y ,eau ry n jigs N s i DF `a ir jig ih V I 1 .cans f w r I THE KNOLL AT BAITER WMT HARPER pucT= RD ®RE.), BMW LLC CENTE LM Ali & PtO�R BOZEMAN,MONTANA O II ` _ w__ VJ 44aYb c� 1 z � I 16hP.a Vlyp+pp 1 Y l a I \ i wcsiiva . ISO I' I xaes qe C re' !� - � M � i ........... ............. . _ THE KNOLL AT BAXTM WEST HARPER. PUCX= RD BMW LLC ROAD CEN'TERITR . v FLAN & PROFILE n r BOZEMAN,MONTANA *° EXHIBIT "B" CONCURRENT CONSTRUCTION PLAN FOR THE KNOLL AT BAXTER WEST SUBDV11SON ------------------------------------------------------------------------------------ ------------------------------------------ Date: Project: The Knoll at Baxter West Major Subdivision Developer: Wait Wolf Managing Member, BMW, LLC. ------------------------------------------------------------------------------------------------------------------------------- See attached. The Knoll at Baxter West Major Subdivision—Harper Puckett Road Improvements Agreement CONCURRENT CONSTRUCTION PLAN THE KNOLL AT BAXTER WEST Prepared for: Walt Wolf(BMW, LLQ 235 Greenhills Ranch Road, Bozeman, MT 59718 Prepared by: C&H Engineering and Surveying, Inc. 1091 Stoneridge Drive, Bozeman, MT 59718 (406) 587-1115 Project Number: 13187 (COB #P-13036) November 22, 2013 INTRODUCTION The Knoll at Baxter West(the Knoll) is a 65-lot subdivision located between Harper Puckett Road and Ferguson Avenue north of Equestrian Lane. The 26.31a-acre development is legally described as A Portion of Tract IA, Amended Plate of Baxter Meadows Subdivision P.U.D. Phase 1,Tract I Located in the Southwest Quarter of Section 34, Township I South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana. This project connects to existing City of Bozeman water, sanitary sewer, and road systems. As the 2013 construction season is ending due to cold weather, certain improvements will not be completed this year. This plan addresses the requirements of the Bozeman Municipal Code Section 38.39.030.D, which allows for issuance of building permits prior to completion of the public improvements provided certain criteria are met. DESCRIPTION Municipal Water Distribution All water mains and services for the Knoll at Baxter West have been installed as shown on the approved plans except approximately 40' of main that will extend from the west end of Kimberwicke Street to the Harper Puckett centerline. This water main stub has no effect on municipal water service for the Knoll at Baxter West. The purpose of the stub is to provide a connection for future development on the west side of Harper Puckett. It will be installed during construction of Harper Puckett, which is to be completed by August 1,2014 per the Improvements Agreement. Please refer to Exhibit A. Municipal Sanitary Sewer Collection All sanitary sewer mains and services have been installed as shown on the approved plans for the Knoll at Baxter West. Installation of Sidewalks Installation of all pedestrian ramps has been completed as shown on the approved plans for the Knoll at Baxter West. Installation of sidewalks is being financially guaranteed per the Improvements Agreement. Sidewalks for each lot will be completed prior to issuance of a certificate of occupancy for said lot. Per BMC Sec. 38.39.030.13, upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. City Streets For all interior streets (all streets except Harper Puckett), all improvements have been completed as shown on the approved plans and specifications. Four points of ingress/egress have been provided, two of which are paved and connect The Knoll at Baxter West to existing phases of Baxter Meadows. These two paved accesses are at the east end of Kimberwicke Street and at the south end of Andalusian Avenue. In addition, there are two points of access onto the existing Harper Puckett Road. One is at the west end of Kimberwicke and the other is at the west end of Equestrian Lane via Thoroughbred Lane. Please refer to Exhibit A. Street Lighting A street lighting plan has been submitted to the City of Bozeman. Pending approval of the plan by the City, installation of street lights will be completed before recording of final plat, Concurrent Construction Plan - Page 2 of 5 Drainage and Storrn Sewer All detention ponds, curb inlets and associated storm sewer have been installed as shown on the approved plans. Detention pond outlets are currently being constructed and will be completed prior to recording of the final plat. Please refer to Exhibit A. REQUIREMENTS OF BMC 38.39.030.1) Per BMC 38.39.030.D,the issuance of building permits may be allowed prior to completion of the public infrastructure, provided the following criteria are met: 1. The subject property shall be developed under the provisions of article 20 of this chapter; The subject property was originally part of Baxter Meadows P,U.D. 2. The subdivider or other developer must enter into an improvements agreement to ensure the installation of required infrastructure and other applicable improvements,to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the city; An Improvements Agreement Application has been submitted to the City QfBozeman Department of Community Development. A draft letter o f credit has also been submitted and will be finalized upon completion of the Improvements Agreement, 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the engineering department, and the state department of environmental quality when applicable, prior to issuance of any building permit for the development; The City of Bozeman Engineering Department and the Montana Department of Environmental Quality have reviewed and approved the final engineering design. 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the city; The developer is aware of these requirements. 5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the city as an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the city. The subdivider shall furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof-, The Certificate ofLiabilily Insurance is attached Concurrent Construction Plan-Page 3 of 5 6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site; The developer recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site. Please see attached Concurrent Construction Agreement. 7. The subdivider shall enter into an agreement with the city which provides for predetermined infrastructure funding options; An Improvements Agreement Application has been submitted to the City of Bozeman Department of Community Development. A draft letter of credit has also been submitted, and will be finalized upon completion of"the Improvements Agreement. 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the city, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the city; The developer is aware of these requirements. Water, sanitary sewer and storm drainage systems are installed All interior streets have been paved. There are four points of access to the subdivision, two of which are paved and join The Knoll to existing phases of Baxter Meadows Subdivision. The other tivo accesses are onto Harper Puckett Road, which will be paved by August 1, 2014. Please refer to Exhibit A. 9. The subdivider shall enter into an agreement with the city to address the provision of any services on an interim basis during construction, if deemed appropriate; The developer is aware of these requirements. Water, sewer, and routes of ingress/egress have been provided for each lot Currently, there is no agreement for provision of'any additional services. 10. The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action,judgments and damages resulting from or arising out of the issuance of a building permit under this section; The subdivider holds harmless and indemnifies the city, its employees, agent and assigns from and against any and all liabilities, claims, causes of action, udgements and damages resulting from or arising out of the issuance of building permit under this section. Please see attached Concurrent Construction Agreement, 11, The subdivider shall pay for any extraordinary costs associated with the project which the city may identify, including, but not limited to, additional staff hours to oversee the Concurrent Construction Plan - Page 9 of 5 planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs; The developer is aware of these requirements. A clause including this requirement will be included in the Improvements Agreement. 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. The developer and general contractor shall agree that there shall be no third-party builders until required infrastructure improvements have been completed, and inspected and accepted by the city; and The development and general contractor are aware of these requirements. Please see attached Concurrent Construction Agreement. 13. Subsequent to preliminary plat or plan approval,a concurrent construction plan,addressing all requirements of this section, shall be submitted for review and approval of the review authority with a recommendation from the development review committee. This Concurrent Construction Plan, a Concurrent Construction Agreement, and supporting documents are being submitted.for review and approval, Concurrent Construction Plan-Page 5 oJ'5 EXHIBIT "C" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------ ------------------------------------ Date: Project: The Knoll at Baxter West Major Subdivision Developer: Walt Wolf Managing Member,BMW, LLC. ---------------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Cost Harper Puckett Road $ 401,542.00 Partial Improvement- Structural Fill $ 13,000.00 Partial Improvement-Pit Run $ 37,500.00 Partial Improvement-Geotextile Fabric $ 4,000.00 Partial Improvement- General Site Grading $ 8,000�.00 $ 339,042.00 Sub Total $ 339,042.00 150% $ L6-9521.00 _ $ 508,563.00 See attached for detail. ell / Approved by City Engineer's Office Affo,4:2� Date The Knoll at Baxter West Major Subdivision-Harper Puckett Road Improvements Agreement 12 HARPER PUCKETT RD Attachment A 401542.00 . _ Structural fill (13,00.00) See letter from BB6 Contractors Pit Run /37,500IX0 See letter from 8BGContractors Geotexti|eFabhc $ (4,000.00) See letter from B8GContractors General Site Grading $ (8,800.00) See letter from B8GContractors $ 339,04I.00 150% Bond Harper Puckett $ 508,563.08 Total Bonds Harper Puckett $ 588,563.00 interior Sidewalks $ 151,275.00 Landscape/Trails $ 335,074.00 Lighting Tote| $ 977,757.00 rUachillent"A" w PUBS G age ca,n� �� QUOTE BAXTER WEST PHASE 3B(HARPER PUCKETT) REVISED 7130/2013 ITEM; ITEM DESCRIPTION QTY UNITS AMOUNT AMOUNT TOTAL WATEF71MP4ovEmENTS 1.1 STORM DRAIN INLETICATCH BASIN 1 LS $ 11800.00 $ 1,800.00 12 15"PVC STORM DRAIN PIPING 180 LF $ 35.00 $ 6,300.00 1-3 POND OUTLET STRUCTURE 'I LS $ 2,500.00 S 2,500.00 10,600.00 $ 10,600.00 STREET 1MPR0VEMEN TS 4-1 STRIP/STOCKPILE TOPSOIL 2270 CY $ 1.50 $ 3,405.00 4-2 EXCAVATION 0 CY $ 1.50 $ 4°3 EMBANKMENT(rising material from sub) 0 CY $ 2.50 $ - 4-4 STRUCTURAL FILL UP TO SUBGRADE 1516 CY S 17.00 $ 25,772,00 4-5 1 112'MINUS BASE COARSE 1400 SY 22.00 $ 30,800.00 4.6 6"MINUS PIT RUN 4400 CY $ 17.00 $ 74,800,00 4-7 GEOTEXTILE FABRIC 7000 SY $ 1.10 $ 7,700.00 4-3 STOP SIGNS 2 EA $ 500.00 $ 1,000.00 4-9 STREET SIGNS 2 EA $ 500.00 $ 1,000.00 4-10 12"UTILITY CULVERT 4 EA $ 800.00 $ 3,200.00 4-11 6"UTILITY CULVERT 2 EA S 500.00 $ 1,000.40 4-12 GENERAL SITE GRADING 1 LS $ 81000,00 $ 8,000.00 4-13 519 PLANT MIX 1$00 TN $ 63.00 $ 113,400.00 4-14 ASPHALT TRAIL 375 TN $ 70.00 $ 26,250.00 4-15 9"GRAVEL SECTION FOR TRAIL 900 CY $ 22.00 $ 19,800.00 4-16 CURB AND GUTTER 3600 LF $ 9.50 $ 34,200.00 4-17 5"SIDEWALK 1000 SF $ 5.00 $ 5,000.00 4-18 ADA RAMPS 4 EA $ 2,250.00 $ 81000.00 4-19 VALLEY GUTTER 735 SF $ 9,00 $ 6,635.00 420 TRAFIC CONTROLL 1 LS $ 51000.00 $ 51000.00 MISCELLANEOUS $ 376,942.00 $ 375,942.00 5-1 MOBILIZATIONIBONDIINSURANCE 1 LS $15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 401,542.00 Contract Mote: Quantities are Estimated. Quantities installed over the estimated Jump amounts Will be billed at UIhJt Prices for In-Place Quantities. BBG Contractors-PO Box 1267--Bozeman, MT 59771 -P)-1: (406)994-0593 Fax(406)994-0595 r'.OWX 10215 FAX:406-587-1376 P.O.BOX 841 FAQ:406-842-7283 BOZEM 1k1 MT 59719 PHONE: 406-587-8559 SHERILAN MT 59749 PIIONE:406-843.-5620 S',dnce 1.9 76 BBG Contractors Burk Excavation&Utilities Inc. 12/12/13 P.C . Box 10215 Bozeman, MT 59719 October 6, 2011 BMW LLC 235 Green Hills Ranch Bozeman, MT 59718 :hear. Walt Construction is currently under way on Harper-Puckett. By Dee 20, 2013 we will have completed the following contract items: Structural.Fill------------ $13,000 Pit Run ------------ --- $37,500 Geotextile__________________ $4,000 General Site Grading-----$8,000 1 am certifying that these items will be complete and that they are covered by the performance and payment bond, and will be covered by the warranty bond. Sincerely. 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