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HomeMy WebLinkAbout14-Norton East Ranch Subdivision Phase IIA J-519 Send Origo-nal to: City of Bozeman Planning Department P.O.Boa 1930 Bozeman,\TT 59771 2480711 Page: 1 of 20 05/12/2014 02:11 50 PM Fee: $20.00 Charlotte Mills - Gallatin County,, MT IMP 1111111111111111111111 IIII IIIIIII IIIIII IIII III IIIII II II IIIIIII III III IIII IIIII IIII IN IMPROVEMENTS AGREEMENT FOR NORTON EAST RANCH SUBDIVISION,PHASE IIA This AGREEMENT is made and entered into this 1 Z day of �� ,2014 by and between NORTON PROPERTIES, LLC, hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue,P.O. Box 1230, Bozeman,MT 59771-1230,hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of preliminary plat approval, Planning Application No. P-07047, for the Final Plat application of Norton East Ranch Subdivision, Phase IIA, to subdivide 10.96� acres together and create eighteen (18) single- household residential lots and seven (7) multi-family lots , and the remaining area as open spaces,public streets and alleyways; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Norton East Ranch Subdivision,Phase IIA;and WHEREAS, it is the intent of the Subdivider to file the Final Plat for the Norton East Ranch Subdivision,Phase IIA , prior to the installation of all required subdivision improvements;and WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements Norton East Ranch Subdivision,Phase IIA—Improvements Agreement I 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 Norton East Ranch Subdivision,Phase IIA. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: Two tracts of land located in Section 9,Township 2 South,Range 5 East,P.M., Gallatin County,City of Bozeman,Montana being more particularly described as follows: Blocks I and 2 and adjoining Right-of-Way Commencing at the SE 1/16 corner of Section 9,thence N89°34'10"W a distance of 306.26 feet to the True Point of Beginning. Thence along the south Right-of-Way line of Fallon Street,N89°34'10"W a distance of 261.00 feet, thence NO°25'50"E a distance of 420.00 feet to the south Right-of-Way line of May Fly Street;thence along said line S89°34'10"E a distance of 261.00 feet;thence SO°25'50"W a distance of 420.00 feet to the Point of Beginning. Said tract contains 2.517 acres,more or less, and is subject to all existing easements on or apparent on the ground. Blocks 3 and 4 and adjoining Right-of-Way Commencing at the SE 1/16 corner of Section 9,thence N89°34'10"W a distance of 306.26 feet;thence NO°25'50"E a distance of 420.00 feet to the south Right-of-Way line of May Fly Street; thence along said line,N89°34']0"W a distance of 692.00 feet to the True Point of Beginning. Thence N89°34'10"W a distance of 481.89 feet; thence N7°59'26"W a distance of 80.27 feet;thence along a curve to the right for a distance of 43.72 feet,said curve having a radius of 345.00 feet, a delta angle of 7°15'37",a chord bearing of N4°24'47"W and a chord length of 43.69 feet;thence NO°46'58"W a distance of 831.60 feet to the north Right-of-Way line of West Babcock Street;thence along said line S89°39'23"E a distance of 1356.39 feet;thence S2°08'35"W a distance of 220.10 feet to the north Right- of-Way line of Dragon Fly Street;thence along said line N89°39'23"W a distance of 757.92 feet; thence along a curve to the right for a distance of 12.09 feet,said curve having a radius of 15.00 feet, a delta angle of 46°11'13", a chord bearing of N66°33'46"W and a chord length of 11.77 feet; thence along a curve to the left for a distance of 9.30 feet, said curve having a radius of 50.00 feet, a delta angle of 10139'18", a chord bearing of N48°4749"W and a chord length of 9.28 feet; thence NO°25'50"E a distance of 119.31 feet to the south Right-of-Way line of West Babcock Street;thence along said line N89°39'23"W a distance of234.78 feet;thence S14°]0'39"W a distance of 133.86 feet;thence S50°13'00"W a distance of 105.97 feet;thence S74°25'09"W a distance of 55.25 feet;thence S87°18'05"W a distance of 76.89 feet;thence SO°46'58"E a distance of 522.27 feet; thence along a curve Norton East Ranch Subdivision,Phase IIA-Improvements Agreement 2 to the left for a distance of 32.31 feet,said curve having a radius of 255.00 feet, a delta angle of 70 15'37", a chord bearing of S4°24'47"E and a chord length of 32.29 feet;thence S7°59'26"E a distance of 32.94 feet;thence S89°34'10"E a distance of 399.79 feet;thence SO°25'50"W a distance of 60.00 feet to the Point of Beginning. Said tract contains 8.443 acres,more or less,and is subject to all existing easements on or apparent on the ground. 2. Improvements This Agreement specifically includes the following improvements for Phase IIA: a)street,sewer,water and storm drainage improvements for West Babcock Street,May Fly Street, Pond Lily Drive,Laurel Parkway, Stone Fly Drive,Fallon Street and alley west of Stone Fly Drive,b)public parkland landscape improvements, landscape irrigation and trail improvements,c)street and trail lighting improvements,d) open space and park sidewalks and, e)single family and multi-family lot frontage sidewalks. The Estimated Cost of said improvements has been estimated by Morrison Maierle,Inc,2880 Technology Blvd West, Bozeman,MT 59718, at One Million, Two Hundred Fifty Thousand,Four Hundred Forty-Eight Dollars($1,250,448) and is attached and made a part of this Agreement,as Exhibit"A". 3. Financial Guarantee,Time for Completion of Improvements Additional restrictions It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore,this Agreement shall be secured by a financial guarantee in the form of a financial guarantee acceptable to the City of Bozeman, which is one hundred and fifty (150)percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be automatically renewed or extended at a minimum thirty(30)days prior to the expiration date if all required subdivision improvements are not installed at that time. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed within one(1)year of the filing of the final subdivision plat for Norton East Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 3 Ranch Subdivision, Phase IIA: a) street, sewer, water and storm drainage improvements for West Babcock Street,May Fly Street, Pond Lily Drive, Laurel Parkway, Stone Fly Drive and alley west of Stone Fly Drive, b) public parkland landscape improvements, landscape irrigation and trail improvements,c)street and trail lighting improvements and,d)open space and park sidewalks. All boulevard sidewalks for individual subdivision lots in Phase IIA shall be installed and completed with issuance of a building permit and prior to issuance of an occupancy permit or within three (3) years of the filing of the final plat for Norton East Ranch Subdivision, Phase IIA whichever comes first,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 Norton East Ranch Subdivision,Phase IIA. 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 fiilly perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty (30) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at Norton Properties, 63020 NE Lower Meadow Suite A, Bend OR 97702 , or such other address as the Subdivider shall provide to the Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 4 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 any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. B) The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and against all claims, costs and liability of every kind and nature,for injury or damage received or sustained by any person or entity in connection with, or on account of the performance of work at the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the event that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or employee of the City. 7. Attorney Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 8. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of two(2)years from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Subdivider pursuant to section 38.26.100 of the Bozeman Zoning Code. 9. Governine Law Norton East Ranch Subdivision, Phase IIA—Improvements Agreement 5 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 No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. 13. Successors Except as provided in paragraph twelve(12),this Agreement shall be binding upon, ensure to the benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Subdivision Plat for the Norton East Ranch Subdivision, Phase ILA is filed. Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 6 SUBDIVIDE VY: EV ENCER, G PARTNER, NORTON PROPERTIES, LLC prerar� STATE OF-);i;6' ) Chu 4eS :ss County off _ ) urBn� On this � � day of t-etJrtkOX , 2014, before me a Notary Public of the State of�, personally appeared Kevin Spencer, mown 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. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) '.---���✓��� LJC�G�,� �� OFFICIAL SEAL (Printed Name Here)j erPSctS�,jt TERESA SUE ALDRICH Notary Public for the State of-3d=tana 6QF61)vt/ NOTARY PUBLIC—OREGON Residing at—p-,erd !3Tz-, COMMISSION NO.465147 My Commission Expires: MY COMMISSION EXPIRES FEBRUARY 11 2016 (Use 4 digits for expiration year) I II f I Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 7 THE CITY OF BOZEMAN a. � L BY: _- PLANNING DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin } On the �,day of %k3, A L201 before me,a Notary Public for the State of Montana, personally appeared W t� A \ , h ' known to me to be the person described in and who executed the foregoing instrument as Planning 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 affixe seal n the day and year first written above. Q — SEAL C�✓�-�_ ` M \ (Printed Name Here) Per•l F�gSr; TARA L HASTIE Notary Public for the State of Montana `'� •••• • '6` Not,ry puhlrc Residing at Nor^�/a� for tf,c State of nlorttana - - sicfir,c�at: My Commission Expires: r' .ky S1"`» Co'oman' Montana (Use 4 digits for expiration ye r) �4 pp•ti,,0-'. My COMrr,;ssion Expires: �.pril 04,2017 1 I Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 8 EXHIBIT"A" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------------------------------ Date: Project:Norton East Ranch Subdivision,Phase ILA Developer: Kevin Spencer Managing Partner,Norton Properties,LLC --------------------------------------------------------------------------------------------------------------------------- Improvement Sq.Ft./Ln.Ft Estimated Cost Street,Sewer,Water and Storm Drainage Improvements for West Babcock Street,May Fly Street,Pond Lily Drive,Laurel Parkway,Stone Fly Drive,Fallon Street and alley west of Stone Fly Drive Per Morrison-Maierle,Inc Estimates $925,489 Park Improvements PerMorrison-Maierle,Inc Estimates $ 100,381 Street and Trail Lighting Per Morrison-Maierle,Inc Estimates $ 66,655 Open Space and Park Sidewalks Per Morrison-Maierle,Inc Estimates $ 97.398 Lot Frontage Sidewalks Per Morrison-Maierle,Inc Estimates 60.525 Total= $1,250,448 x 1.5= $1,875,672 Approved by City Engineer's Office Date S Norton East Ranch Subdivision,Phase IIA—Improvements Agreement 9 Norton East Ranch Subdivision, Phase IIA Improvements Estimate This estimate has been generated from contractor quotes from Tyler Electric and Morrison Design & Landscaping and engineer estimates for the remaining improvements. The quotes were reviewed and found to be reasonable. The quotes and detailed engineering estimate is attached. The following is a summary of the estimate. a. Sewer/Water/Storm Drainage/Streets Engineer's Estimate less Sidewalk, Ramps, Trails and Street Lighting Conduit Total $925,489 b. Park Improvements Landscape and Irrigation - Park $45,000 Landscape and Irrigation—Open Space $3,000 Landscape and Irrigation — Contingency $8,806 Dog Station(s)/Trash Can(s) $2,000 South park water way crossing $2,000 North park bridge $30,000 Trails and Grading $4,000 Overall Park and Open Space Contingency $5,575 Total $100,381 c. Street Lighting and Trail Lighting Lights and Electrical $51,685 Misc Items Excluded from Electrical Quote $2,000 Pole Bases $4,000 Street Lighting Conduit $8,970 Total $66,655 d. Open Space and Park Sidewalk Handicap Ramps $12,143 Truncated Domes $9,520 6" Sidewalk (1 1,220sfx$6.75)$75,735 Total $97,398 e. Lot Frontage Sidewalk 4" Lot Frontage (13,450 sf) $60,525 Total Improvements $1,250,448 N:\5149\007\Correspondence\Improvement Agreement\Improvement Agreement Estimate Summary.dou NORTON RANCH PHASE IIA IMPROVEMENT QUANTITIES ESTIMATE BY ELI SHUFORD AND COOPER KRAUSE, MMI 29-Jan-14 ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE MOBILIZATION 1 LS $ 9,000.00 $ 9,000.00 EROSION CONTROL-PERMITS BY OTHERS 1 LS $ 7,500.00 $ 7,500.00 DEWATERING 1 LS $ 10,000.00 $ 10,000.00 TRAFFIC CONTROL 1 LS $ 5,000.00 $ 5,000,00 TOTAL $ 31,500.00 WATER 8" DIP WATER 2382 LF $ 36.00 $ 85 752.00 6" DIP FIRE LEAD PIPE 188 LF $ 35.00 $ 6,580.00 8" GATE VALVE 12 EA $ 1,400.00 $ 16,800.00 12 DIP WATER 1330 LF $ 56.00 $ 74,480.00 8" 45 DEGREE BEND 4 EA $ 400.00 $ 1,600.00 8" x 8" CROSS 2 EA $ 400.00 $ 800.00 8" CAP 6 EA $ 400.00 $ 2,400.00 8"x 6" TEE 5 EA $ 400.00 $ 2,000.00 8" 11.25 DEGREE BEND 2 EA $ 400.00 $ 800.00 12" x 6"TEE 2 EA $ 700.00 $ 1,400.00 12"X 8" CROSS 2 EA $ 800.00 $ 1,600.00 12" 45 DEGREE BEND 4 EA $ 700.00 $ 2,800.00 12" GATE VALVE 4 EA $ 2,400.00 $ 9,600.00 BLOWOFF ASSEMBLY 5 EA $ 1,850.00 $ 9,250.00 FIRE HYDRANT ASSEMBLY WITH STORTZ 7 EA $ 3,800.00 $ 26,600.00 CONNECT TO EXISTING WATER STUB 5 EA $ 1,500.00 $ 7,500.00 REMOVE EXISTING BLOWOFF ASSEMBLY 4 EA $ 500.00 $ 2,000.00 1" WATER SERVICE 19 EA $ 30.00 $ 570.00 TOTAL $ 252,532.00 SANITARY SEWER 8" SDR 35 PVC 572.5 LF $ 20.00 $ 11,450.00 SANITARY SEWER MANHOLE 2 EA $ 1,950.00 $ 3,900.00 SANITARY SEWER MANHOLE-EXTRA VF 1 VF $ 145.00 $ 145.00 8" CAP 2 EA $ 150.00 $ 300.00 CONNECTTO EXISTING SEWER STUB 21 EA $ 1,500.00 $ 3,000.00 4" SEWER SERVICE 18 EA $ 400.00 $ 7,200.00 RAISE EXISTING MANHOLE 41 EA $ 500.00 $ 2,000.00 TOTAL $ 27,995.00 STORM DRAIN 15" A-2000 PVC STORM PIPE 292 LF $ 29.00 $ 8,468.00 15" NON-PLASTIC FETS 1 EA $ 250.00 $ 250.00 15" RCP 164 LF $ 60.00 $ 9,840.00 15" RCP FETS 1 EA $ 3,000.00 $ 3,000.00 18" A-2000 PVC STORM PIPE 191 LF $ 30.00 $ 5,730.00 18" NON-PLASTIC FETS 1 EA $ 300.00 $ 300.00 24" RCP CULV 100 LF $ 70.00 $ 7,000.00 24" CONCRETE FETS 2 EA $ 4,000.00 $ 8,000.00 STORM DRAIN CURB INLET 9 EA $ 1,750.00 $ 15,750.00 STORM OUTLET CONTROL STRUCTURE 2 EA $ 1,700.00 $ 3,400.00 RIPRAP APRON 2 EA $ 250.00 $ 500.00 RAISE EXISTING MANHOLE 2 EA $ 500.00 $ 1,000.00 STORM DETENTION POND 31 EA $ 3,500.00 $ 10,500.00 TOTAL $ 73,738.00 STREETS STRIP TOPSOIL 1 LS $ 12,000.00 $ 12,000.00 EXC TO SUBGRADE 200 CY $ 2.00 $ 400.00 PREP SUBGRADE 1 LS $ 15,000.00 $ 15,000.00 PLACE TOPSOIL BEHIND CURB 1 LS $ 10,000.00 $ 10,000.00 PIT RUN 5648 CY $ 14.00 $ 79,072.00 BASE COURSE 2824 CY $ 20.00 $ 56,480.00 HOT MIX ASPHALT CONCRETE 2384 TN $ 70.00 $ 166,880.00 GEOTEXTILE FABRIC 17245 SY $ 1.25 $ 21,556.25 CURB AND GUTTER 6135 LF $ 12.00 $ 73,620.00 HANDICAP RAMP 1799 SF $ 6.75 $ 12,143.25 HANDICAP RAMP TRUNCATED DOMES 34 EA $ 280.00 $ 9,520.00 CURB FILLETS 998 SF $ 6.50 $ 6,487.00 6' CONCRETE DOUBLE GUTTER 450 LF $ 6.75 $ 3,037.50 NON RESIDENTIAL APPROACH 267 SF $ 6.75 $ 1,802.25 6 SIDEWALK 11220 SF $ 6.75 $ 75,735.00 REMOVE DEAD END BARRICADE 5 EA $ 200.00 $ 1,000.00 INTALL DEAD END BARICADE 7 EA $ 400.00 $ 2,800.00 UTILITY CULVERT- 2 EA 12"A-2000 PVC 1232 LF $ 25.00 $ 30,800.00 STREET LIGHTING CONDUIT 2990 LF $ 3.00 $ 8,970.00 STREET LIGHT BASE EXC 10 EA $ 400.00 $ 4,000.00 TOTAL $ 591,303.25 SIGNS STREET SIGN 10 EA $ 500.00 $ 5,000.00 STOP SIGN 4 EA $ 500.00 $ 2,000.00 BIKE LANE 9 EA $ 300.00 $ 2,700.00 NO PARKING ANYTIME 17 EA $ 300.00 $ 5,100.00 NO PARKING HERE TO CORNER 1 EA $ 300.00 $ 300.00 CENTER LANE 5 EA $ 500.00 $ 2,500.00 BEGIN CENTER LANE 2 EA $ 500.00 $ 1,000.00 END CENTER LANE 2 EA $ 500.00 $ 1,000.00 W1-IL: "TURN LEFT" 1 EA $ 500.00 $ 500.00 W1-1R: "TURN RIGHT" 1 EA $ 500.00 $ 500.00 TOTAL $ 20,600.00 PAVEMENT MARKINGS SYMBOLS AND MARKINGS 575 SF $ 4.00 $ 2,300.00 4" YELLOW 6716 LF $ 1.00 $ 6,716.00 6" SOLID WHITE 3450 LF $ 1.45 $ 5,002.50 24 MEDIAN BARS 360 SF $ 2.85 $ 1,026,00 12" WHITE STOP BAR 52 SF $ 2.85 $ 148.20 MID BLOCK PED CROSSING PER COB SPEC 11 EA $ 500.00 $ 500.00 TOTAL $ 15,692.70 ALLEY IMPROVEMENTS STRIP TOPSOIL 1 LS $ 1,000.00 $ 1,000.00 EXC TO SUBGRADE 1 LS $ 500.00 $ 500.00 PREP SUBGRADE 1 LS $ 1,500.00 $ 1,500.00 PIT RUN 286 CY $ 14.00 $ 4,004.00 BASE COURSE 120 CY $ 20.00 $ 2,400.00 HOT MIX ASPHALT CONCRETE 106 TN $ 70.00 $ 7,420.00 GEOTEXTILE FABRIC 858 SY $ 1.25 $ E3, ,072.50 CONCRETE ALLEY APPROACH 2 EA $ 1,800.00 $ 600.00 UTILITY CULVERT- 2 EA 12"A-2000 PVC 40 LF $ 25.00 $ 1,000.00 TOTAL $ 22,496.50 6' GRAVEL TRAIL PREP SUBGRADE 262.5 SY $ 2.00 $ 525.00 3" BASE COURSE 87.5 CY $ 20.00 $ 1,750.00 3 NATURAL FINES 87.5 CY $ 20.00 $ 1,750.00 12" PARK FILL 1850 CY $ 3.00 $ 5,550.00 TOTAL $ 9,575.00 PROJECT TOTAL $ 1,045,432.45 Tyler Electric' Tyler Electric, LLC 81 North Star Lane, Suite 203 Bozeman, MT 59718 406-284-2282 Date: 1/28/2014 Regarding: Norton Ranch Phase 2A Gentlemen, The following is our proposal for the above referenced project. It is based on the contract documents listed below. Plans/Drawings: E102 Plans Date: 6/12/2009 Specifications: None Addendum: None Scope of Work: To Provide and install lights, lamps, conduit, wire, breakers, bollard bases, and connections for phase 2A site lighting. The following items are excluded: 1. Premium labor. 2. Performance Bonding. 3. Utility Company charges 4. Omissions from the electrical drawings or specs. 5. Trenching, backfill and soil compaction. (by others) 6. Hand digging around existing systems that are buried. (by others) 7. Exposing existing buried sleeves under roadways. (by others) 8. Excavation for concrete pole bases. (by others) 9. Pole bases (we are providing as additional cost#1 option) 10. Screw-in pole base installation. (by others) 11. Any and all repair, relocating or rerouting of conduit, wire or systems that are buried or concealed. 12. Repair or costs associated with any damage to existing underground systems. (additional cost) 13. Light diffusers and/or fixture accessories, not part of or attached to a fixture, or not shown on the fixture list. 14. Concrete encasement of conduits or duct banks. 15. Spare parts. Qualifications: 1. The correctness and completeness of the contract documents is the sole responsibility of those who have prepared them. This proposal covers only the work that is adequately shown, described and/or detailed in the above referenced contract documents. 2. Permit Fee is included 3. No back charges for clean-up will be accepted unless prior written notice and forty eight hours has been given to comply. 4. We cannot guarantee the wire prices that have been used to establish this quote until we have a notice to proceed and a purchase order to verify the current market price. There may be some fluctuation. 5. We are including the concrete bases for the eight B1 bollard lights. 6. We have included Additional Cost#1 for the concrete pole bases for the eight P1 fixtures. The excavation for the bases is not included in the cost and will be by others. With this cost we will provide all other labor and material for the bases. 7. The Hadco part number for the B1 bollard fixtures is no longer available. We are quoting this fixture as a Gardco equivalent. There are some differences in the shape at the top of the fixture. This fixture will need to be approved prior to ordering. 8. All of the fixture part numbers that have been quoted for this proposal are based on the previously ordered fixtures in earlier phases of the project. These have been determined by the lighting reps. And should be approved prior to ordering. 9. The proposal is based on: a. Eight P1 fixtures b. Eight 131 fixtures c. Two P2 fixtures 10. This proposal is not based on Montana prevailing wage rates. 11. This proposal is not based on Davis Bacon wage rates. 12. This proposal is valid for a period of 30 days. 13. If you need additional information regarding this proposal, please contact James Wright at 406-223-3837 Base Bid: $48,485.00 Additional Cost: #1 $3,200.00 Sincerely, Ronald Davis Tyler Electric, LLC Norton East Ranch Subdivision, Phase IIA Improvements Estimate Landscape and Irrigation Morrison Design & Landscaping provided an estimate for the irrigation and landscape improvements for the project based on the park plan dated 1/30/14. The plan has been modified to add the open space parcels, add landscaping along Babcock and to reduce a large amount of turf area, trails and trees and shrubs. Based on the current park and open space plan a spreadsheet was generated to show the differences in the two plans. In summary, there is a small reduction in the cost of the trees and shrubs, a large reduction in the area of turf, a small reduction in the number of irrigation heads and a large reduction in the quantity of trail required between the originally estimated plan and the current plan. The resulting overall cost for park improvements is less with the current concept than the original estimate by Morrison Design and Landscaping. Based on the new layout and the original cost estimate, the following cost summary has been generated: a. Park and Open Space Improvements Landscape and Irrigation - Park $45,000 Landscape and Irrigation — Open Space $3,000 Landscape and Irrigation —Contingency $8,806 Dog Station(s)/Trash Can(s) $2,000 South park water way crossing $2,000 North park bridge $30,000 Trails and Grading $4,000 Overall Park and Open Space Contingency $5,575 Total $100,381 N:\5149\007\Correspondence\Improvement Agreement\Landscape Estimate Summary.docx Norton Park Improvement Modifications Subtractions Additions DIFFERENCE EA. Plants $ 24.00 Geyer Willow 8 0 $ (192.00) $ 125.00 Black Cottonwood 2 0 $ (250,00) $ 25.00 Woods Rose 5 0 $ (125.00) $ 38.00 Alder 1 0 $ (38.00) $ 25.00 5 gal shrub 18 0 $ (450.00) $ 10.00 1 gal shrub 18 0 $ (180.00) $ 130.00 Greenspire 0 4 $ 520.00 $ 130.00 Crabapple 0 1 $ 130.00 $ (585.00) Seeding acres 1.4 0.15 -1.25 acres Irrigation heads 40 30 10 fewer heads Trail I 560 1 180 -380 ft Morrison Design & Landscaping,Inc. 3173 Foxtail St Estimate i �"MORRISON Bozeman, MT 59718 DESIGN 6 LANDSCAPING phone: 406.587.3262 Date Estimate# Fax: 406.587.0264 1/29/2014 1470 Name/Address Norton Ranch Park-Phase 2 Description Qty Cost Total Northwood Maple 1.25", 15 gallon 4 120.00 480.00 Thinleaf Alder,5 gallon 4 38.00 152.00 Spring Snow Crabapple 1.5",15 gallon 5 130.00 650.00 Quaking Aspen 1.25", 15 gallon 4 110.00 440.00 Black Cottonwood 1.5",15 gallon 7 125.00 875.00 Canada Red Chokecherry 1.5", 15 gallon 2 130.00 260.00 Greenspire Littleleaf Linden 1.5", 15 gallon 9 130.00 1,170.00 Serviceberry,5 gallon 3 29.00 87.00 Red Twig Dogwood,5 gallon 11 26.00 286.00 Douglass Hawthorn,5 gallon 2 33.00 66.00 Lewis Mockorange,5 gallon 3 33.00 99.00 Woods Rose,5 gallon 20 25.00 500.00 Geyer Willow,5 gallon 23 24.00 552.00 Dwarf Arctic Blue Willow,5 gallon 10 24.00 240.00 Snowberry,5 gallon 4 28.00 112.00 Karl Forester Reed Grass, 1 gallon 25 9.50 237.50 Blue Oat Grass 11 9.50 104,50 Black Vinyl edging: per foot 220 I.00 220.00 Landscape Weedmat 2 165.00 330.00 River Rock:per yard 24 27.00 648.00 Tree Stake Kits 62 5.00 310.00 Topsoil,per yard 200 16.00 3,200.00 Bluegrass Turf Seed Mix 370 2.50 925.00 Native Seed Mix 30 7.50 225.00 Streambank Seed Mix 10 6.75 67.50 By signing below,you agree to have read and will comply with all the terms and conditions. Buyer will submit a 50%deposit upon acceptance of estimate before work can begin.The Total remaining balance is due upon completion of work.If total balance is not paid within 30 days upon completion of work,buyer agrees to pay a service charge of 10%of total balance annually.Buyer agrees to pay all collection costs,legal expenses and attorney fees that may arise.If buyer cancels or otherwise rescinds prior to completion of work,buyer agrees to pay Morrison Design and Landscaping 10%of the estimate total contract price,plus any completed work,due and payable no more than 7 days from cancellation.This estimate is valid for 30 days from the date listed. Customer Signature Page 1 Morrison Design & Landscaping,Inc. 3173 Foxtail St Estimate MORRIS 11 C?N Bozeman, MT 59718 DESIGN&LANDSCAPiNG Phone: 406.587.3262 Date Estimate# Fax: 406.587.0264 1/29/2014 1470 Name/Address Norton Ranch Park-Phase 2 Description Qty Cost Total Sprinkler System-Rainbird System,includes: 1 28,000.00 28,000.00 -Head to head coverage -Plumb out from crawl space -Rain Bird Control Clock -PVB-water back flow preventer - 1 year parts&labor warranty - 1 st year winterization free Bobcat Labor,per hour 60 50.00 3,000.00 Foreman Labor,per hour 90 37.00 3,330.00 General Labor,per hour 320 32.00 10,240.00 By signing below,you agree to have read and will comply with all the terms and conditions.Buyer will submit a 50%deposit upon acceptance of estimate before work can begin.The Total $56,806.50 remaining balance is due upon completion of work_If total balance is not paid within 30 days upon completion of work,buyer agrees to pay a service charge of 10%of total balance annually.Buyer agrees to pay all collection costs,legal expenses and attorney fees that may arise.If buyer cancels or otherwise rescinds prior to completion of work,buyer agrees to pay Morrison Design and Landscaping 10%of the estimate total contract price,plus any completed work,due and payable no more than 7 days from cancellation.This estimate is valid for 30 days from the date listed. Customer Signature Page 2