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HomeMy WebLinkAbout00- Homelands Development & Cape France, Inc.; Durston Rd & N. 19th intersection . . . - ~ . , . "i . COST SHARE AGREEMENT TInS 1\GREEMENT is made and entered into this ~ day of Ma y , 2000, by and between HOMELANDS DEVELOPMENT, INC., 1 Riverview Lane, Gallatin Gateway, Montana 59730, and CAPE FRANCE, INC., 16 North 9th Avenue, Suite 1, Bozeman, Montana 59715, hereinafter referred to collectively as "Developers," and THE CITY OF BOZEMAN, a municipal corporation of the state of Montana, P.O. Box 1230, Bozeman, Montana 59771-1230, hereinafter referred to as "City," hereinafter referred to as "Engineer." WHEREAS, the Developers have agreed to design and install improvements at the intersection of Durston Road and North 19th Avenue in the City of Bozeman, as shown on "Exhibit" A," generally to include geometric storage improvements to the intersection of Durston Road and North 19th Avenue and the installation ofa traffic signal, . WHEREAS, the Developers have had Engineer design the improvements for approval by the City and the Montana Department of Transportation. Additionally, the Developers will have the Engineer conduct and perform all remaining engineering services on the project subject to approval by the City, WHEREAS, it is the intent and purpose of the Developers, the Engineer, and the City to enter into an agreement to insure the satisfactory and timely completion of all improvements referred to in this agreement, and WHEREAS, the parties to this agreement recognize that the Southwest Montana Building Industry Association (SWMBIA) has filed Cause No. DV -99-71 against the City of Bozeman which may affect "impact fee credits", defined in Chapter 3 .24 of the Bozeman Municipal Code and current impact fee revenues available to the City. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, the parties agree as follows: 1. Recitals Incorporated. The foregoing recitals are incorporated herein as if set forth in full in this paragraph. 2. Effect of Cause No. DV-99-71 and Impact Fees. The parties mutually agree and understand that prior to receiving any impact fee credits, the Developers must apply to the Bozeman City Commission subject to the following limitations: a. If the final determination of Cause No. DV -99-71, through adjudication or. settlement between the parties, is that the City is authorized to assess impact fees in accordance with Chapter 3.24 of the Bozeman Municipal Code, then the Developers may apply for impact fee credits with the Bozeman City Commission. However, that application is limited to dollar for dollar credit for the first SI 08,160.00 total for improvements and thereafter to fifty cents (S0.50) per dollar for the balance of the costs incurred by the Developers fot the project as set forth in this agreement. Page 1 of 9 n_.. .....---.--..--.---...-----..- -......-.-.-".-...--- ------ -..- -----------.-- ,...--..--- , . . b. The Developers acknowledge that $108,160.00 is the amount estimated for the costs of the project in the North 19th Corridor CIP and represents the full amount the City of Bozeman estimated and is obligated to pay for the project using impact fees. The Developers further acknowledges their obligation to request the impact fees and impact fee credits from the City Commission and the City Conunission's right to deny the Developers' request for impact fee credits. c. Ifthe final determination of Cause No. DV-99-71 , through adjudication or settlement between the parties, is that the City may charge impact fees but at a reduced rate, then any impact fees or impact fee credits will be reduced proportionately in accordance with the Court's order. d. If the final determination of Cause No. DV -99-71 , through adjudication or settlement between the parties, is that impact fees or impact fee credits cannot be charged or credited by the City of Bozeman, then no impact fee credit will be issued to the Developers under this agreement. The parties further acknowledge that in this event, the Developers will be responsible for the entire cost ofthe project and the City will not be obligated for any costs associated with the project unless expressly agreed to in writing. 3. Improvements and Estimated Cost of Improvements. The proposed improvements are those which generally consist of the construction of necessary geometric and signal improvements including, but not limited to, drainage curb, asphalt, striping improvements, signal material and hardware and intersection lighting along Durston Road. The project shall begin west of North 20th Avenue, then proceed east through the intersection of North 19th Avenue to a point determined during the design phase of the project as the "east of the vehicle storage taper". The estimated cost of the project is shown on "Exhibit 8." The total estimated cost is divided into the following categories: a. Design Engineering Services, to include the preparation of full plans and specifications for the proj ect and all required permits, approvals. Itis agreed that the design engineering services having been determined to be a fixed fee amount as shown on "Exhibit B," with further details shown on "Exhibit C," based on negotiation between Developers and the Engineer. The parties acknowledge that the fixed costs are conunensurate with the services to be provided. b. Construction Engineering Services are to include full-time observation of improvements, contract administration, project certification, including a copy of construction observation diaries and all testing records, and preparation of record drawings. c. Construction Costs are to include all equipment, materials, labor and contingencies to complete the installation of the improvements. It is the intent of the parties to provide a completed operational project. The parties agree the actual construction costs for the project will be utilized as a basis for Page 2 of 9 . , ' , , , . reimbursement by the City to the Developers for any impact fees or credits allowed and approved by the Bozeman City Commission. The improvements will be competitively bid as one project with the construction contracts being awarded to the lowest, qualified, bidder which will mutually benefit the Developers and the City. The parties further agree that the amount of impact fees and impact fee credits will be based on the project costs verified through actual invoices or other means acceptable to the City. The City reserves the right to reject reimbursement of costs considered not essential to the project. Subject to paragraph I 6 contained herein, these costs including but not limited to attorneys' fees incurred in drafting, reviewing or negotiating any portion of this agreement or any other portion of this project shall not be included in the cost of construction and will not be reimbursed in any form by the City. The scheduled payment and details of compensation for any and all work completed under this agreement shall be made in accordance with Section 7 below. 4. Time of Completion ofImprovements. It is the mutual understanding ofthe Developers and the City that the time of completion of the improvements is of critical importance and time is of the essence for the completion of all phases of the project as set forth in "Exhibit D." The construction of the improvements shall not commence until plans and specifications for the project have been approved b~ the City and the Montana Department of Transportation. If at any time, anyone of the dates contained in the paragraph above are not met by either the Developers or the contractor, then in that event the City may, at its discretion, assume the responsibilities of constructing the project under the terms contained herein and use the financial security provided by this agreement. The City shall provide Developers with written notice of its intent to do so not less than five (5) days prior to assuming construction. Failure by the City to exercise its right under this clause on any portion of the project will not be considered a waiver of its right to do so. 5. Construction Observation. Representatives of the City shall have the right to inspect all phases of the project to determine compliance with this agreement, including the approved plans and specifications and the established project schedule. 6. Default. It is mutually understood that the project specified in this agreement must be completed. The Developers shall not be due any compensation under this agreement, unless as outlined in paragraph 7 below. In no event, however, shall the Developers receive impact fees or impact fee credits until DV -99- 71 has been fully adjudicated or resolved through mutual agreement ofthe parties. 7. Compensation. It is the mutual understanding of the City and the Developers that the benefits of the project are not completely derived until such time as it is fully completed and operational. All costs for the project shall be as follows: Page 3 of 9 < ~' t '. ~ . . a. Total Project Costs. i. The total project cost is estimated at the sum of $198,765.10. This amount includes the improvements for the Holiday Convenience Store and a traffic control light at the intersection of Durst on and North 19th Avenue. 11. The parties acknowledge that the project in this agreement contains improvements, set forth in "Exhibit B," which are "site-related" costs, relating to improvements unique to and for the sole benefit of Rocky Mountain Oil, Inc. Rocky Mountain Oil, Inc., shall be solely responsible for said costs, with said amount to be $37,633.00. iii. The parties acknowledge that the Hinsley Family Limited Partnership No. 1 has paid the sum of$15,682.17 to the City of Bozeman. Said payment represents the Hinsley Family Limited Partnership No. l's contribution to the payment of the total cost of the project. The amount of $15,682.17 shall be subtracted from the total project cost. IV. The balance of the project costs shall be paid in accordance with the following percentages: Participant Percent Cape-France, Inc. 50% Homelands Development, Inc. 50% City of Bozeman 0% b. Engineering Services. i. The City shall be responsible for the cost of easement acquisition incurred up to the date of this agreement. ii. A single payment for design engineering services shall be made to the Engineer by the Developers. This payment may be considered for reimbursement through impact fees or credits upon application to the Bozeman City Commission. iii. A maximum of four (4) payments for construction phase services, plus miscellaneous expenses shall be made to the Engineer by the Developers. Compensation will be made at unit rates for various classifications of the Engineer's employees listed in "Exhibit C." Compensation for miscellaneous construction- related expenses incurred by the Engineer shall be limited to the actual expenses incurred. iv. Prior to the final payment for construction engineering services, the Developers, through their Engineer, will provide the City with project certification including a Page 4 of 9 ~. ~ . , , . copy of construction observation diaries and all testing records, record drawings, a certificate of substantial completion and the Engineer written certification that the improvements were completed in accordance with the .approved plans and specifications and all terms of this agreement. c. Construction CostslReimbursement. i. Payments for construction services shall be based on the actual cost of the final installed improvements based on the unit costs of the various components of the work as will be established by a contract between the Developers and the contractor for the equipment, labor and materials needed to fully construct the improvements. The Developers shall utilize adequate means in procuring a contractor to ensure that the resulting construction costs will be in the best interest of the City and the Developers. The payment for construction services incurred by the Developers shall not exceed 150% of the estimated project costs as set forth herein, unless agreed to in writing by all parties. ii. The Developers shall require the contractor to provide performance and payment bonds in the name of the Developers in the amount of 1 00% of the contract amount. Copies of said performance and payment bonds shall be provided to the City prior to the initiation of the construction of the improvements. d. Escrow Disbursements i. Developers shall establish an escrow account at American Escrow, Inc. Draws on the escrow account made in accordance with the engineering and construction contract for purposes consistent with this agreement must be in the form of a written authorization requesting payment signed by Walt Wolf or Tim Howard on behalf of Homelands Development, Inc.; a representative of the Engineer; Michael J. Lilly on behalf of Cape France, Inc.; and, a representative of the City. Any balance in the account upon completion of the improvements shall be returned and refunded to the participants designated in paragraph 7a on a proportionate basis. However, prior to such a refund, the Developers will provide evidence or documentation that the contractor, subcontractors, Engineer and all suppliers have been paid in full. Engineer shall provide its Federal Tax J.D. number for the account which shall not bear interest. ii. Documentation of costs shall include a detailed breakdown of unit costs of various components of work for both construction costs and engineering services~ The Developers and the Engineer shall provide a written certification that the costs are accurate and representative of the work completed. The Developers shall submit a request for expenditure with all requests for payment from the escrow account. Said request shall be submitted to the City Engineer's Office. Upon receipt of a final complete and accurate request, the City will review the request in accordance with the City's standard procedure in effect at the time it is made and either approve or Page 5 of 9 . . ' , deny the request. iii. Funds paid towards completing the project by the Developers may receive a street impact fee credit in accordance with Chapter 3.24 of the Bozeman Municipal Code, provided they make application to the Bozeman City Commission and that the application is approved. Any payments shall be made in accordance with this agreement, dependent upon the final decision (to include any appeal) or a final negotiated settlement of Cause No. DV-99-71. Additionally, should any impact fee credit be approved by the City Commission, said credit will not be delivered to the Developers until the project's construction is accepted by the Montana Department of Transportation and the City as being complete, including but not limited to an operational signal at the intersection. e. Administrative Costs. This agreement does not provide for the City or the Developers to be reimbursed for any administrative or indirect costs that may be incurred by entering into this agreement unless otherwise provided for herein. 8. Reservation ofRiahts. The Developers reserve all rights to appeal or otherwise challenge any denials (including any partial denial or denials of only portions of such Developers' plans. requests, petitions or submittals) by the City or any other regulatory authority. This reservation shall specifically reserve the Developers' right to appeal and/or otherwise challenge the City's right to require the Developers to pay all or any portion of the costs associated with the design and/or construction of the improvements which are the subject of this Cost Share Agreement. Such right shall accrue after completion of construction contemplated by the terms of this Agreement. 9. Warranty. The Developers shall warrant against any defects of the improvements for a period of one (1) year from the date of their completion by including such warranty in the contract between the Developers and the Developers' contractor, a copy of which shall be provided to the City prior to initiation of construction on the improvements. 10. Prior Aareements. This Cost Share Agreement is intended by the parties to supersede that certain Cost Share Agreement dated the 22M day of December, 1999, but no other Cost Share Agreement. 11. Governing Law and V enue. This agreement shall be construed according to the laws of the state of Montana. In the event oflitigation concerning this agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, Montana. 12, Modifications or Alterations. No modifications or amendments of this agreement shall be valid, unless agreed to in writing by all parties. This agreement does not alleviate the Developers and/or the City from complying with all terms and conditions established for the development of these improvements. Page 6 of 9 . . I , . , . . 13. Invalid Provision. Should any provision of this agreement be declared invalid or unenforceable, the remaining portions of the agreement shall not be effected and this agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted. 14. Assignment. It is expressly agreed that the Developers and City shall not assign this agreement in whole, or in part, without prior written consent of all parties of this agreement. 15. Successors. This agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 16. Attorney's Fees. In the event it becomes necessary for any party to this agreement to retain an attorney to enforce any of the terms or conditions of this agreement, or give any notice required herein, then the prevailing party, or the party giving notice, shall be entitled to reasonable attorney's fees and costs, including fees, salary and costs of in.house counsel to include the City Attorney and staff. 17. Waiver. The waiver of any breach or default by the City shall not be a waiver of any other breach or default. The City's approval of any acts by the Developers requiring consent of approval shall not be deemed to waive or render unnecessary City consent to or approval of any subsequent or similar act. 18. Records. The Developers shall keep an accurate account of all costs associated with the improvements at all times, which shall be available for inspection by the City and/or its representatives. The Developers shall.make available, upon request, all related documents to the improvements and maintain all documents related to the improvements for a period ofthree (3) years from the date of final payment for the improvements. 19. Indemnitv. The Developer 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. The Developer 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 Developer. The Developer is not an agent or employee of the City. IN WITNESS WHEREOF, the parties to this agreement affix their hands and Seals the day and year first above written. DEVELOPERS: HOMELANDS DEVELOP:MENT, INC. BYI~~~ Page 7 of 9 STATE OF MONTANA) :.. COUnty of~IlutJ1JII) On this I !!JtI.day of /} jJ A I L- , 2000, before me, a N01afy Public for ~. State of hltJ;;;:;J;jA-; personally appared w/}/;:?'U tlJpt.f" the /I1AAr~.IY/M1~ . HOlnelands Development Co., LLC, and the petJOD whose name 11 IUblCribed to the within instnunent, and acknowledged. to me that (s)he executed the lime on behalf of said corporation. 1-.\\\\,\\",,11111/111/1111/1. . ~~ . J. S .;f~ ~ ~1~..."....C~~ ~ N ~ ~f'I . lll'on.. ~ ,~ ...~~ ~.~ ~ :(Jo '.- ~ ~ : ~~ ~ €E ::t Oct '& ~ . E =. 01 .:::: - . '*- ~*\ 2003 j ~ ~. '.;:: ~ .. ~ ~...;s ~ ~. .., ~.:S' CAPE FRAN~ INC. ~ O...1e of tJlo~.... ~ ~ ~ .. .. :s ~ ?:4 ....... S~ # . ~/!. RIA\.. ~\~~ '1///1/1/1 111111" \ \\\\\\\\'\ By Its STATE OF MONTANA) :81 County of Gallatin ) On thi. _ day of , 2000, before me. a Notary Public for the State or . peraonally appeared pon Cape, the of Cap Franee. Inc., and the pfJl'SOft whose name is IUbICtibed to the within instrumerlt, andac~owledpd to me that he executed the ame on behalf of &lid corporation. Notary Public for the State of Montana (Seal) Reaidina at My Commiuion Expirea: "ht, to/to '30V<I OtlU les 90to I'tl.:ll i MY1 Oll:!l\l tot>: (; t (nH.l.) 00. (; t 'li<lV . ,i. . .' ; STATE OF MONTANA) :ss County of ) On this _ day of , 2000, before me, a Notary Public for the State of , personally appeared , the of Homelands Development, Inc., and the person whose name is subscribed to the within instrument, and acknowledged to me that (s )he executed the same on behalf of said corporation. Notary Public for the State of Montana (Seal) Residing at My Commission Expires: CAPE FRANCE, INC. By 1:r ~ Its ~Ln'~a_~;t STATE OF MONTANA) :ss County of Gallatin ) On this ~ day of A pfLi \ , 2000, be ore me, a Notary Public for the State of tc\b.. ~!.A-a.>J\. , personally appeared ~the .& - . ~u.J.of Cap France, Inc., and the person whose name is subscribed to e insfrnment, and acknowledged to me that he executed the same on behalf of said corporation. -" . ' . "- ~/~r~ c ~\ ~_~, 1.../ '~" f ' ~, ~ /..;' \. ' . )(S '';a) ~::. Notary Public r the State of Montana .' (' '<." e , _ Residing atb;.IJ".., (~~lI.., . \ '~l " '~,(":""l" \-" ~.: '":', ~."-'I. " '-t.....,/." (01 My Commission Expires: f) /? J ~DJ ,;l" ' v,- I 'I:>:.".~~ '! ~ ' Page 8 of 9 .' r .. . .' . . CITY CITY OF BOZEMAN \ \ By--- ~ - Clark V. Johnson, City Manager ATTEST: By e~Z ~ Robin L. Sullivan, Clerk of Commission STATE OF MONTANA) :ss County of Gallatin) o~s ~ day of ~ . , 2000, before me, a Notary Public for the State of ~ ,personally peared Clark V. Johnson, City Manager for the City of Bozeman, Montana, and Robin L. Sullivan, Clerk of the City Commission for the City of Bozeman, and the persons whose names are subscribed to the within instru t, and acknowledged to me that they executed the same on behalf of said City of Bozeman. otary Public tl (Seal) Residing at Commission E Page 9 of 9 . . I . w-. ~'" ""' ~~ . 1:~ "2000" I j I, '" PROPOSED IMPROVEMENTS DURSTON ROAD - N. 19th AVENUE INTERSECTION CITY OF BOZEMAN GALLATIN COUNTY MONTANA ~ ~ 1 I 11 , ~ \ ~ I ~ , " I z . I' Q d1 z . '" ~ [I _/- 50 ;g<;:~ ~ I _ _ OD+ ~ 8:; i j' ~~~'UiZ~'~~~~1lt"iCi:"':;::'ill-~~i!:?:il~':!,~'<;;'d><"'R'''5~ 5 ~ ~ z~ , '",- )~!fe~ d--~ .. , 7" ~ ..:,,,~. 1=::- c-----------~-------::--=--=---=t.-- ~~ - w_ .-@\%__c-...;;,=-..::.-..::.-..::.-..::.-:~_..::.=--:_::.:=.:-=.::.::_-______-: .------.-. --'~-=-~~---;, --- . :,2 r;! ~ 4-----~_~--------1--------- Z ~ l ~'" nnn -_::_-~~_::_-nOc"""'""---:-- ~-C-n~:::~~~~nn;...'.~~--~___' ____n ~~~_o~~- ~~l:a ------------------------l;; ---;" ----------- -- I ! ~~" -.,~---- s.~J f~i ~~t. . ~ ~~~ ~~ "'oj" ,.;i ,---, lO.f 'ow I::!! ~ ~z~ )' 'II ~ DID z 11 Z L-G ~ ; I I I d I~I~ ! j 9 1 ~ i I ,i..)- :;:~~ OJ J _-- ~ 5 ~ ~ ~ ~ I. I ~ LEGEND ~ ~ ~. ~ ~ i o~ Ii. .. ! SUB-EXCAVATE g: ~ o ~ :::!:z <( g. - I ~ S GRAPHIC SCALE ~.~ ~ 0 !; <::: '" ..." "' I pu. VERIZE, FULL CEPTH Z (!i jj) {l ,. - ..I EXISP>G AS"HALT " Ii: LL - [5 ( IIi FEET) Cf.) f'- i' lineh=-4.0ft. Q~ " LL ;l N LLa g < f ~ ./ u Z ~ ~ r W ./ N ~ Q ~ ~ PROJECT NC. ~ 2605.CQ5 o 5- :S HE:.i N.... t1BER "' o ~ DRAW t-,'[;: Nu~aER ./ I 1 ill MORRISON 13.M""OO ,~ ~:. . MM' 2605.007.01.070.0310 . H:\28DlNlO7\TRAFFIC\BlDCOST.V\1B3 :"', " ::::0 MAIERLE,INC. I A~~c-,..., EXHIBIT "B" (12/10/99) AS-READ CONTRACT BID PRICES FOR APPARENT LOW BIDDER NORTH 19TH /DURSTON STREET AND TRAFFIC SIGNAL IMPROVEMENTS- REV. 02/28/2000 ITEM. NO, ... r'.............'.).)y.... SCHEDULE I - North 18th Road Widening 101 HOT PLANT MIX ASPHALT CONCRETE, ('TYPE B' SURFACE COURSE) 372 TONS $37.00 $13,764.00 102 55-1 TACK OIL 203 GAL $1.00 $203.00 103 1 "-MINUS CRUSHED BASE COURSE 250 CY $25.00 $6,250.00 104 6"-MINUS SUB-BASE COURSE 555 CY $13.00 $7,215.00 105 UNCLASSIFIED EXCAVATION 673 CY $10,00 $6,730.00 106 PULVERIZATION 1525 SY $1,50 $2,287.50 107 CURB AND GUTTER (INCL. MEDIAN, PER PLAN), IN PLACE 1154 LF $9.50 $10,963.00 108 24" CMP WITH FES's, IN PLACE 20 LF $60.00 $1,200.00 109 RESET EXISTING VALVE BOXES, MANHOLES 9EA $200.00 $1,800.00 110 COB STANDARD CONCRETE SIDEWALK, (INCL. CURB RAMPS, MEDIAN 276 SY $31.00 $6,556.00 CAP) 111 SOD PLACEMENT 54 SY $15.00 $610.00 112 SIDEWALK, CURB REMOVAL & DISPOSAL 125 SY $11.00 $1,375.00 113 TREE REMOVAL & DISPOSAL 1 LS $800.00 $800.00 114 SITE GRADING, SEEDING, IN PLACE 1 LS $800.00 $600.00 115 REMOVAUDISPOSAL 24-INCH CMP's 1 LS $500.00 $500.00 116 RESET EXST. MAILBOX 1 EA $190.00 $190.00 SCHEDULE I-SUBTOTAL $83.443.50 SCHEDULE 11- SIGNALIZA liON IMPROVEMENTS 201 FOUNDATION - CONCRETE 3.14 CY $1,100.00 $3,454.00 202 CONDUIT - STEEL 2 IN. RIGID 33 LF $14.00 $462.00 203 CONDUIT. STEEL 1% IN. RIGID 52 LF $11.00 $572.00 ;!Q4 6:9NBIJIT €TE:E:ll In RlalB '" ~ ~ ~ 205 PULL BOX-CONCRETE-TYPE I 1 EA $270.00 $270.00 206 PULL BOX - CONCRETE - TYPE II 1 EA $340.00 $340.00 207 CONDUCTOR - COPPER - AWG 6 - 600V 42 LF SO.80 $33.60 208 CONDUCTOR - COPPER - AWG 8 - 600V 742 LF SO.70 $519.40 209 CONDUCTOR-COPPER-AWG10-8QOV 406 LF SO.SO $203.00 210 CABLE - COPPER - 15AWG14 - 600V 626 LF $2.50 $1,565.00 211 REMOVE EXISTING SIGNAl POLE A5SEMBL Y NO.3, SIGNAL STANDARD lEA $9,500.00 $9,500.00 ASSEMBLY 2-A-9(l().6 212 TRAFFIC SIGNAL - 3 COLOR - 1 WAY - 12"-12"-12" 1 EA $800.00 $900.00 213 DETECTOR LOOP - 6x6 14 EA $800.00 $11,200.00 214 DETECTOR LOOP - SHIELDED CABLE 1088 LF $0.70 $761.60 215 PUSH BUTTON PEDESTRIAN HAND CONTROL SIGN 4EA $55.00 $220.00 216 SIGNAl MASTARM- 45' 1 EA $2,900.00 $2,800.00 217 RESET ELECTRICAL SERVICE 1 LS $1,200.00 $1,200.00 216 SIGNS - SHEET ALUMINUM - REFLECTIVE SHEETING (II) 63 SF $16.00 $1,134.00 219 POSTS - TUBULAR STEEL, saUARE, PERFORATED 342 LB $7.00 $2,394.00 220 REMOVE 4" WHITE PLASTIC STRIPING INCL. SYMBOLS, STRIPING 2987 LF $2.00 $5,974.00 221 STRIPING - WHITE PLASTIC 6 INCH 846 LF $4.00 $3,392.00 222 STRIPING - WHITE PLASTIC 24 INCH 150 LF $14.00 $2,100.00 223 STRIPING - YELLOW PLASTIC 4 INCH 971 LF $1.30 $1,262.30 224 STRIPING - YELLOW PLASTIC 8 INCH 94 LF $2.50 $235.00 225 WORDS & SYMBOLS - WHITE PLASTIC 230 SF $12.00 $2,760.00 226 YELLOW CURB PAINT 6.1 GAL $55.00 $335.50 227 STRIPING -EPOXY WHT 8" 150 LF $4.00 $600.00 226 STRIPING -EPOXY YELLOW 4" 460 LF $1.30 $598 00 229 STRIPING -EPOXY WHT 4" 407 LF $1.60 $651.20 230 WORDS & SYMBOLS - WHITE EPOXY 31 SF $12.00 $372.00 231 FLEXIBLE SURFACE MOUNT DELINEATORS 2 EA $80.00 $160.00 232 RESET SIGNS 1 EA $100.00 $100.00 233 TRAFFIC SIGNAL - 5 COLOR - 1 WAY - 12"-12"-12" (ADDITIVE ALTERNATE) 2EA $1,500.00 $3,000.00 234 TRAFFIC CONTROL 1 LS $6,900.00 $6,900.00 235 MOBILIZATION 1 LS $14,000.00 $14,000.00 SCHEDULE 11- SUBTOTAL $82,068.80 SUB.TOTAL OF WORK $145,512.10 Design Engineering $34,608.00 Construdlon Englneerlng $10,461.00 Addnlonal WorII- Holidey Stores $8,164.00 GRAND TOTAL S198785.10 MOR - IT "B" Page 1 . . " ,.', . ~ "' . EXHIBIT "B" , PROPORnONAL SHARE. HOUDAY STORES NORTH 19TH /DURSTON STREET AND TRAFFIC SIGNAL IMPROVEMENTS- REV. 02/28/2000 BID ITEMS 1) 101 HOT PLANT MIX ASPHALT CONCRETE, ('TYPE B' SURFACE COURSE) 171 TONS $37.00 $6,327.00 103 1 "-MINUS CRUSHED BASE COURSE 43 CY $25.00 $1,075.00 106 PULVERIZATION 1025 SY $1.50 $1,537.50 107 CURB AND GUTTER (INCL. MEDIAN, PER PLAN), IN PLACE 607 LF $9.50 $7,666.50 110 COB STANDARD CONCRETE IllglW''''U~, (ltl"'\.. g' 'RIl RVIPG 101 SY $31.00 $3,131.00 MEDIAN CAP) 226 YELLOW CURB PAINT 6.1 GAL $55.00 $335.50 SUB.TOTAL OF WORK $20,073 PROPOR110NAL SHARE OF TOTAL BID AMOUNT ($137,413) 13.79% 234 TRAFFIC CONTROL (Proportional %) 1 LS $8,900.00 $1,228 235 MOBILIZATION (Proportlona, %) 1 LS $14,000.00 $1,931 Design Engineering Portion (Proportional %) $34,608.00 $4,774 Construction Engineering Portion (Proportional %) $10,461.00 $1,443 SUB-TOTAL PROPOR110NAL ITEMS $9,376 ADDl110NAL WORK Z) NlA COB STANDARD CONCRETE SID ...LK, (1 II off Property Line in RIW) & INCL. $4,557.00 PED RAMP NIA COB STANDARD CONCRETE COMMERCIAL APPROACH $3,627.00 SUB.TOTAL OF ADDI110NAL WORK sa,184 TOTAL $37,633 RAND TOTAL $37,133 ~ 1) Quantities are based upon an area of 9226 SF, including only those portions of road surface attributable to the installation of the Holiday raised median. The remaining improvamants ara raquirad irrespactive of the raised madian. 2) Additional work as noted is not included in the bid schedule, bul shall be required of tM property Owner for Final Site Plan. MORRISON-MAIERLE, INC EXHIBIT "B" Page 2 . . ~.' . , 19~RSTON TRAFFIC SIGNAL INSTALLATION Proposal for Engineering Services ".Ii M' . c9[]MORRISON 13.Mar.oO MM# 2&05.007.01.070.0310 ::::0 MAIERLE,INC. /oi:\280S\D01\lloesIlnofllc"n;rfo,.wB3 An 1impJo~....ow.." ('_ EXHIBIT "c" - TRAFFIC SIGNAL INSTALLATION N. 19TH AVE. 8r. DURSTON ROAD PROPOSAL FOR ENGINEERING SERVICES i.... > IMPROVEMENTDESIGN DESCRIPTION CIA PROJ. PRDJ. ENG. SURVEY TECH. CAD SEC. MGR. CREW Easm't Acquisition 10 24 6 Project Coord. Mtgs- MDT,C.o.B. 24 24 16 Topographic Data Collection 2 12 8 16 Boundary & Plat Research 6 12 4 Site Evaluation 4 8 4 Signal Design 1 8 24 16 Geometric Design 1 8 24 16 8 Road Section Design 1 4 16 8 Plan Preparation 4 8 24 16 40 Construction Cost Estimation 1 6 32 16 Preparation of Agreement Exhibits 1 1 16 4 16 Bid Document Preparation 1 2 32 24 8 Pre-Bid Consultation 1 2 Bid Opening 2 4 Bid Award 1 3 Total Hours 10 79 243 18 140 80 12 Cost Per Hour $90.00 $83.00 $57.00 $90.00 $48.00 $45.00 $30.00 Total Labor Cost $900.00 $6.557.00 $13,851.00 $1.620.00 $6.720.00 $3,800.00 $360.00 Expenses $1.000.00 TOTAL COST IMPROVEMENT DESIGN $34,608.00 CONSTRUCTION DESCRIPTION CIA PRDJ. PRDJ. ENG. SURVEY R.P.R CAD sec. MGR. CREW Contract package & Pre-Con Conference 2 2 1 Construction Staking 4 1 Construction Observation 1 8 160 Record drawings 1 1 1 2 8 1 Final walk through 2 2 arranty walk through 2 2 Total Hours 1 6 15 4 166 8 1 Cost Per Hour $90.00 $83.00 $57.00 $90.00 $48.00 $45.00 $30.00 Total Labor Cost $90.00 $498.00 $855.00 $360.00 $7,968.00 $360.00 $30.00 penses $300.00 TOTAL CONSTRUCTION $10,461.00 Construction fee Is based upon 25 working days and on 80% utilization rate for the Resident Project Representative (RPR). A longer contract period or higher utilization rate shall result In a higher construction fee per Project Manual. Morrlson-Ma'erle, Inc. EXHIBIT "e" Page 1 ~ , " ~~l- f ; ,19'l"H1oeRSTON TRAFFIC SIGNAL INSTALLATION Proposal tor Englnaerlng Services ) , SUMMARY . ...........> DESCRIPTION COST TOTAL COST IMPROVEMENT DESIGN $34,608.00 TOTAL CONSTRUCTION $10,461.00 TOTAL ENGINEERING COSTS $45,069.00 Morrlson-Malerle, Inc:. EXHIBIT "e" Pege 2 " 11:. :-,., ;/,,\" , , . 'J ;"'; .' ~ . EXHIBIT no" NORTH 19TH AVENUE/DURSTON ROAD TRAFFIC SIGNAL INSTALLATION COMPLETION SCHEDULE FOR COST SHARE AGREEMENT DESCRIPTION DATE MORRISON-MAIERLE, INC. - Open Bids December 10, 1999 MORRISON-MAIERLE, INC. - Bid Award Following Execution of Agreement BEGIN CONSTRUCTION Tentative- Weather Dependent SUBSTANTIAL COMPLETION of Improvements June 30, 2000 FINAL COMPLETION & ACCEPTANCE of Improvements July 31, 2000 H:\2605\OO7\Docs\traffic\SCHED.wpd EXHIBIT "0" Page 1