HomeMy WebLinkAbout93- Supplement IA for Water and Sewer Improvements for Bridger Peaks Townhouses Major Site Plan SUPPLEMENTAL IMPROVEMENTS AGREEMENT
FOR
WATER & SEWER IMPROVEMENTS
FOR
BRIDGER PEAKS TOWNHOUSES MAJOR SITE PLAN
THIS AGREEMENT is made and entered into this 9 day of February, 1993,
by and between Walker Construction Inc., hereinafter called the "Developer", and the
City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called
the "City".
WHEREAS, the City's inspection of the water mains and sanitary sewer mains
at the Property (as defined in Paragraph 5 below) has revealed the following
deficiencies:
A. Those items described in the two letters dated 1/26/93 from Brent Miller
to Johnston Excavation, (copies of which are attached to this Agreement
as Exhibits A-1 and A-2 and incorporated herein) and referencing
"Bridger Peaks Estates Punch List-Water Main" (these items, including
the flushing and successful Bac-T testing are hereafter referred to as the
"Water Main Punch List Items"); and
B. Those items described in the letter dated 1/26/93 from Brent Miller to
Johnston Excavation, (copy of which is attached to this Agreement as
Exhibit A-3 and incorporated herein), and referencing "Bridger Peaks
Estates Sewer Main-Punch List" (these items are hereafter referred to as
"Sewer Main Punch List Items"); and
WHEREAS, it is the intent and purpose of both the Developer and the City to
hereby enter into an Agreement which will guarantee the full and satisfactory
correction of the Water and Sewer Punch List Items, and to provide for the issuance
of a building permit for one fourplex townhouse unit on the property and to be known
as Lots 1 through 4 of Bridger Peaks Townhouse Subdivision;
NOW THEREFORE, in consideration of the mutual covenants and conditions
contained herein, it is hereby agreed as follows:
1 . Water Mains
The following will be completed prior to the issuance of the building permit for
the referenced Unit:
"2. The valve box for axillary(sic) gate valve on the hydrant leg located at
Station 2+52 will need to be straightened.
1 . All water services must be marked with a steel fence post as per standard
specifications.
Flushing and successful Bac-T testing."
Upon completion of these items, a building permit for the Unit will be issued to the
Developer.
2. Sanitary Sewer Mains
No new connections shall be made to the sanitary sewer system prior to the
correction of the Sewer Main Punch List Items and their initial acceptance by the City
of Bozeman. "New connections" shall include extensions of existing sewer stubs
from the property line and connections of the four existing, capped sewer service lines
with the house plumbing.
3. Occupancy
No occupancy of any Bridger Peaks Townhouse unit shall occur prior to the
correction of the Water and Sewer Mains Punch List Items and their initial acceptance
by the City of Bozeman.
4. Financial Guarantee Time for Completion of Improvements
The correction of the Water and Sewer Punch List Items must be secured by
a financial guarantee, as may be deemed acceptable by the City, payable to the City
of Bozeman, in an amount equal to one and one-half (1 1/2) times the estimated cost
of the correction of all such Items. The estimated cost of correction will be based on
a written bid from a contractor capable of performing such work and acceptable to the
City of Bozeman. In no case will the total security be less than $5,000.00. The
parties agree that the issuance of an irrevocable letter of credit to the City in the form
attached to this Agreement as Exhibit B and incorporated herein will be deemed
acceptable by the City. Said method of security shall be valid for a period of not less
than twelve (12) months. The parties agree that this security will be released at the
time the City gives its initial acceptance of the corrections of the Water and Sewer
Main Punch List Items. In any event, the Developer shall complete all Water and
Sewer Main Punch List Items and obtain the City of Bozeman initial acceptance prior
to occupancy of any unit or by July 1 , 1993, whichever occurs first.
5. Property Description
This Agreement pertains to, and includes those properties (herein referred to as
the Property) which are designated and identified as Bridger Peaks Townhouses,
located on Lots 3 and 8, Block 13A and Lots 4 and 7, Block 13 of Bridger Peaks
Estates Subdivision, Phase 3, generally located at 3610 Broadwater Avenue.
6. Improvements
Except as specifically set forth herein, this Agreement does not otherwise
modify existing requirements concerning the installation, inspection, testing,
certification and initial acceptance by the City of Bozeman of water and sewer
improvements for said Property. Initial acceptance will be provided upon the
satisfactory correction of all Water and Sewer Main Punch List Items. "Initial
Acceptance" as used in this Agreement means that the correction of the Water and
Sewer Main Punch List Items has been satisfactorily completed and that no
deficiencies remain which would adversely affect or compromise the integrity and
operation of those systems or the health of any user of them. This Agreement
supplements the other improvements agreements on this project, and does not modify
any of these other improvements agreements. This Agreement does not alter or
affect any rights or claims either party may have against any third party concerning
or arising out of the performance or failure to perform of any such third party in
connection with the Property concerning this project.
7. 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 Developer is in
compliance with this Agreement, and the Developer shall permit the City and its
representatives to enter upon and inspect the property at any reasonable time.
8. Default
Time is of the essence of this Agreement. If the Developer 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 of thirty (30)
days after written notice specifying the default is deposited in the United States mail
addressed to the Developer at 2203 Lea Avenue, Bozeman, Montana, 59715 or such
other address as the Developer 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, collect upon the financial guarantee and use
those funds to complete the correction and inspection of the Water and
Sewer Main Punch List Items. Any funds remaining after the City has
secured the completion of correction of the Water and Sewer Main
Punch List Items and the inspection of them shall` be returned to
Developer.
1 . 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.
B) The City may enforce any other remedy provided by law.
9. Warranty
The Developer shall warrant against defects in the corrections of the Water and
Sewer Main Punch List Items for a period of one year from the date of their written,
initial acceptance by the City.
10. Governing Law
This Agreement shall be construed according to the laws of the State of
Montana.
11 . Attorney Fees and Costs
In the event either party incurs legal expenses to enforce the terms and
conditions of this agreement, the prevailing party shall be entitled to recover their
costs and attorney fees, to include fees, costs and salary of in-house counsel, from
the other party.
12. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless
evidenced in writing signed by the parties hereto.
13. 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.
14. No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in
whole, or in part, without prior written consent of the City which consent shall not
be unreasonably withheld.
15. Successors
Except as provided in paragraph 14, this Agreement shall be binding upon, inure
to the benefit of, and be enforceable by the parties hereto and their respective heirs,
successors and assigns.
WALKER CONSTRUCTION, INC.
Kenneth E. Walker
for Walker Construction
its: President
STATE OF MONTANA )
:ss
County of /� )
On the day of 19 before me, a Notary
Public for the State of Montana, personal) appeared Kenneth E. Walker, known to me
to be the representative of Walker Construction, whose name is subscribed to the
within instrument and acknowledged to me that he executed the same for and on
behalf of said company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
Notary Nblic for State of Mont na
Residing-at:
Commission Expir s:
(Seal)
THE CITY OF BOZEMAN
Phillip J. F rbe
Director of Public Service
STATE OF MONTANA }
:ss
County of Gallatin )
On the y'""' day of �N�tc�J� , 1 gq,3 , before me, a Notary
Public for the State of Montana, personally appeared Phillip J. Forbes, known to me
to be the person described in and who executed the foregoing instrument as Director
of Public Service of the City of Bozeman, whose name is subscribed to the within
instrument and acknowledged to me that he 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.
Notar ublic f r State of ontana
Resid at:
Commission Expires: / S
(Seal)
EXHIBIT "A-III
( 'a'ston cC Surve��in
s.
January 26, 1993
W.O. # 88-553-1
Johnston Excavation
805 Blackmore Place
Bozeman, MT 59715
ATTN: Dave
RE: Bridger Peaks Estates
Punch List - Water Main
Dear Dave,
We have completed a project walk through with the City of Bozeman on the water main installed
at Bridger Peaks Estates. The following items will need to be completed prior to acceptance and
certification.
1. The valve box located at the intersection of Meagher and Broadwater will need
to be adjusted up prior to completion of street improvements.
2. The valve box for axillary gate valve on the hydrant leg located at Station
2+52 will need to be straightened.
3. The water service curb box lids are plastic and must be replaced with metal
lids.
If you have any questions, please feel free to contact me at the office. Thank you.
Sincerely,
Brent Miller
Project Engineer
CC: Mike Morgan
Andy Kerr
Fred Shields
Larry Woodward
Walker Construction
Springer Group/Lowell Springer
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�• EXHIBIT "A-2"
Gast(,I? &T- SurveyTm4.?'
January 26, 1993
W.O. # 88-553-1
Johnston Excavation
805 Blackmore Place
Bozeman, MT 59715
ATTN: Dave
RE: Bridger Peaks Estates
Punch List — Water Main
Dear Dave,
I am writing to you to inform you of an additional item which will need to be completed as soon
as possible on the above referenced project.
1. All water services must be marked with a steel fence post as per standard
specifications.
If you have any questions, please feel free to contact me at the office. Thank you.
Sincerely,
C
Brent Miller
Project Engineer
CC: Mike Morgan
Andy Kerr
Fred Shields
Larry Woodward
Walker Construction
Springer Group/Lowell Springer
BM/zdb t
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EXHIBIT "A-3"
January 26, 1993
W.O. # 88-553-1
on Excavation ; �' ll I
805 Blackmore Place
Bozeman, MT 59715
ATTN: Dave
RE: Bridger Peaks Estates
Sewer Main - Punch List
Dear Dave,
I am writing to you concerning the sewer main installation on the above referenced project.
After review of the video taps from the recent TV inspection, there are a number of deficiencies
discovered in the construction of the sewer main. The following items will need to be
constructed to approved plans & specifications of this project.
1. The sewer main installed from Station 2+48 at MH #IA to Station 2+08 has
an improper grade. This section will need to be reconstructed to correct plan
grade.
2. The sewer main extension from the intersection of Meagher & Broadwater
located in the center of Broadwater was not constructed at a uniform grade. There
are three (3) sections which have standing water in the pipe. This section will
need to be reconstructed to correct plan grade.
The clean out located at Station 5+97 will need to be completed as per
Standard Drawing.
4. Any specific infiltration leaks must be repaired.
5. City specified rings and covers on manholes, especially MH #1.
If you have any questions, please feel free to contact me at the office. Thank you.
Sincerely,
Brent Miller
Project Engineer
CC: Mike Morgan
Andy Kerr
Fred Shields
Larry Woodward
Walker Construction
Springer Group/l.owell Springer .
BM/zdb
d S u r N. v N• o r ti
February 9 , 1993
Mr. Phil Forbes
City of Bozeman
P .O . Box 640
Bozeman, MT 59715
RE : Irrevocable Letter of Credit No. 4A-93 .
Dear Mr. Forbes :
At the request of our client, Walker Construction, Inc . , we
hereby establish our clean Irrevocable Letter of Credit No. 4A-93
in your favor for the amount up to but not exceeding the
aggregate sum of $5, 000 . 00, effective immediately and expiring at
our counters at the close of business on 12/1/93 . This Letter of
Credit assures and guarantees the full and satisfactory
correction of the Water and Sewer Punch List items in order for
the city to issue a building permit for one fourplex townhouse
unit on the property and to be known as lots 1 through 4 of
Bridger Peaks Townhouse Subdivision.
We undertake to honor your drafts when accompanied by your signed
statement certifying that the deficiencies have not been
corrected as agreed by Walker Construction, Inc .
This letter is valid until December 1, 1993 and drafts drawn
hereunder, when accompanied by the statement specified above,
will be dully honored if presented to us at our office on or
before that date.
Except as otherwise expressly stated, this letter is subject to
the "Uniform Customers and Practices for Commercial Documentary
Credits" ( 1983 revision) , International Chamber of Commerce
Publication No . 400 .
This Letter of Credit is not transferable.
Yours truly,
AMERI AN ANK
Ij
Michael A. Acuff, Vic esident
MAA/ss
P. O. Box 1926 • 1632 West Main Street • Bozeman, MT 59715-1926 • 406/587-1231 • FAX 406/586-4362