HomeMy WebLinkAbout15- Legends at Bridger Creek II, Phase III Major Subdivision Sidewalk ImprovementsSend Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
,,_... ____ ! I PLATTED ci--?l
2527407 Page: 1 of 13 10/13/2~15 01 :09:08 PM Fee: $91 .00 Charlotte Mills -Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
LEGENDS AT BRIDGER CREEK II, PHASE III -MAJOR SUBDIVISION
(SIDEWALK IMPROVEMENTS)
This AGREEMENT 1s made and entered into this /t/ day of
----~---' 2015, by and between LEGENDS AT BRIDGER CREEK II, PHASE
III, 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-14022, for the Final Plat application of
Legends at Bridger Creek II, Phase III, Major Subdivision, P14022 , to subdivide 25.05±
acres together and create thirty six (51) single-household residential lots, and the remaining area
as open space, public streets and alleyways; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Legends at Bridger Creek II, Phase III; 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
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 1
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 Legends at Bridger Creek II, Phase III.
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:
LEGAL DESCRIPTION LEGENDS AT BRIDGER CREEK II, PHASE
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
A tract of land being Lot 69, Lot 70, and Lot R of The Legends at Bridger Creek II
Subdivision Phase II, Plat J-516, situated in Section 32, Township I South, Range 6 East,
Principal Meridian, City of Bozeman, Gallatin County, Montana.
2. Improvements
This Agreement specifically includes the following improvements for Phase III: a) single 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 hmulred twenty thousaml,four
hundred seventeen amt twenty five cents ($120,417.25) 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 Agr
I .I
irrevocable standby Letter of Credit No. _______ fo
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 2
,,
$180,625.88 First Interstate Bank-101 E. Front, Missoula, MT. 59806 acceptable to the City
of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said
improvements.
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than three (3) years of the filing of the final
subdivision plat for Legends at Bridger Creek II, Phase III: lot sidewalk improvements 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 Legends at Bridger Creek II, Phase
IIL
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 of thirty (30) days after written notice
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 3
specifying the default is deposited in the United States mail addressed to the Subdivider at
Guinness Partners, Inc. 101 East Front -Suite 304, Missoula, Mt 59802, 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 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.
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 4
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. Governing 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
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
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 5
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.
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 6
STATE OF MONTANA )
:ss
County of Gallatin )
SUB DIVIDERS
C/1CJ
BY: Jim McLeod, Managing Partner,
Guinness Partners, Inc.
On this day of /-f" lA 9' ZAS' ./-, 2015, before me, the undersigned, a
Notary Public for the State of Montana, ~rsonally appeared Jim Mcleod, known to me to be a
Managing Partner of Guinness Partners, Inc. the entity that executed the within instrument, 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.
SEATTAMARAL. FISTER
NOTARY PUBLIC for the
State of Montana
f~esldlng at Missoula, Montana
My Commission Expires
July 01, 2017
(Printed Name Here)
Notary Public for the State of Montana
Residing at 1'}11 > s •t
My Commission Expires: J--vt Iv I, :;}_O I
(Use 4 digits for expiration yearj I
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 7
STATE OF MONTANA )
:ss
County of Gallatin )
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
On the day of So::~iE.x:nffi,C'' , 2015, 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)
~.,..,.,1"''K·e·,,.,.,;; ,l\v':'• -~-1,;, .• .., ALICIA KENNEDY fv, '<>• NO f "',• ~o~Rt,1/,"-\ TARYPUBLICforthe
i <11' SEAL : ; STATE OF MONTANA \*~• -'l/ Residing at B~zeman, Montana -..:.."'·o;,·M0~;.··· My Commrssion Expires ............. August 04, 2019
(Printed Nam ... e H I e) A-\\ c_ fr\ ~-;e,, f\Y\()C,'-.y
Notary Public for the State of Montana J
Residing at Yx 'ill:) JY'fl() '
My Commission Expires: Bili !,X:)\Ct
(Use 4 digits for expiration year)
Legends Major Subdivision, Phase III -Sidewalk Improvements Agreement 8
LE(;ENDS AT BRIDGER CREEK SUBDIVISION II -Phase Ill
. Improvements Agreement Estimate -EXHIBIT "A"
OWNER'S NAME AND ADDRESS:
Guinness Partners, Inc.
430 N. Ryman, 2nd Floor
Missoula, Mt 59802
N/3959/010/Design Docs/Platting/Legends II -PHIII -Final Plat/Phase Ill -IA Estimate082015.xls
ITEM
NO.
101
Improvements Agreement Estimate
DESCRIPTION
Concrete Sidewalk (Located in front of Lots)
Sub-Total of IA Estimate
CONTRACT AMOUNT
ESTIMATED
QUANTITY UNIT UNIT PRICE
25,351 SF $4.75
TOTAL AMOUNT OF IA ESTIMATE=
LOC -150% TOT AL COST =
Total Amount of LOC =
Page 1 of 1
AMOUNT
$120,417.25
$120 417.25
$120,417.25
$180,625.88
$180,625.88
project name:
bid date:
item# DESCRIPTION
Le,6$11.)l).5 r~c_ 3 -(2 oaJs
190 Ramshorn Drive
BOZEMAN, MT 59718
PHONE: 406.582.9841 FAX: 408.582.9843
Legends at Bridger Creek II • Phase 3
5(25/2015 bid
QUANTITY UNIT UNIT PRICE TOTAL
SCHEDULE I • STREET AND SITE GRADING RELATED ITEMS
101 UNCLASSIFIED-EXCAVATION(ALLEY)
102A IMPORT· PIT RUN MATERIAL
1028 IMPORT -OFF-SITE BORROW MATERIAL
103 PIT RUN GRAVEL
104 11/2" MINUS CRUSHED BASE GRAVEL
105 HOT MIX ASPHALT SURFACE COURSE
106 CONCRETE CURB AND GUTTER
107 REMOVE DEAD END BARRICADE
108 SIGNAGE-STREET MARKER/STOP
109 CONCRETE PEDESTRIAN RAMPS -BOTH
DIRECTIONS -6" DEPTH
11 O CONCRETE PEDESTRIAN RAMPS -ONE
-DIRECTIONS -6" DEPTH
-111 MID-BLOCK CONCRETE PEDESTRIAN RAMPS
112 CONCRETE DOUBLE GUTTER -7" DEPTH
113 CONCRETE SIDEWALK-INCL. USPS PADS
114 UTILITY CONDUITS· 8" N·12 CORRUGATED POLYETHYLENE
115 LIGHT POLE BASES
116 TOPSOIL PLACEMENT· REDISTRIBUTION OF
EXISTING TOPSOIL
117 SEEDING
118 IMPORT LOT FILL -OUSJDE OF ROW
119 REMOVE AND DISPOSE OF EIXISTING CURB
SCHEDULE II • MISC. ITEMS
201 UNDERGROUND FACILITY CROSSINGS
202 MOBILIZATON I DEMOBILIZATION
203 MAINTENANCE BOND EQUAL TO 20% OF COST OF
THE IMPROVEMENTS
204 TAXES, BONDS, AND INSURANCE
Slme Construction, Inc.
KnoxW. Pilati
Date:
400.00 CY
882.00 CY
882.00 CY
6,965.00 CY
2,655.00 CY
2,244.00 TN
5,740.00 LF
1.00 EA
7.00 EA
8.00 EA
14.00 EA
4.00 EA
6.00 EA
2,974.00 SF
2,688.00 LF
5.00 EA
$4.00
$15.00
$10.00
$15.00
$22.00
$68.20
$15.00
$600.00
$650.00
$1,900.00
$1,200.00
$1,100.00
$3,900.00
$4.75
$8.00
$1,200.00
$1,600.00
$13,230.00
$8,820.00
$104,475.00
$58,410.00
$153,040.80
$86,100.00
$600.00
$4,550.00
$15,200.00
$16,800.00
$4,400.00
$23,400.00
$14,126.50
$21,504.00
$6,000.00
8,500.00 CY $3.00 $25,500.00
13.00 AC $1,350.00 $17,550.00
7,500.00 CY $10.00 $75,000.00
60.00 LF $3.00 $180.00
SCHEDULE I-TOTAL-._$"!!!'6~50!'",48~6.~3~0
1.00 EA
1.00 LS
1.00 LS
$1,000.00
$20,250.00
no bid
$1,000.00
$20,250.00
1.00 LS $8,000.00 $6,000.00
SCHEDULE 11-TOTAL __ ,..$2.;..,9 ... ,2,..,.6-0 .... 00...,
ROAD IMPROVEMENTS TOTAL $679,736.30 ==========:::f
P:\LEGENDS AT BRIDGER CREEK II-PHASE 3 • DECEMBER 30 2014\legends streets bid may 5 2015
legends streets bid may 5 2015 1 of 1 3:45 PM 5/5/2015
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Ozark I
Final connection to utilities
OZARK I
Ozark I with chase restroom building. Standard
features include simulated barnwood texture
walls, simulated cedar shake textured roof,
vitreous china fixtures, Interior and exterior
lights, off loaded and set up at site.
$ 24.475.00 24.475.00
$ 2,000.00 D 0.00
Optional Wall Texture ·choost on, D Split Face Block D StruckTrowel D Exposed Aggregate $ 1,200.00 0.00
Optional Roof Texture ·<hoo1e on, 0Delta Rib D Exposed Aggregate $ 900.00
Two-Tone Color Scheme $ 250.00 D
Stainless Steel Plumbing Fixtures $ 850.00 tJ
Vitreous China Urinal (each) Qty: 1 $ 695.00 D
Stainless Steel Urinal (each) Qty: 1 $ 1,100.00 D
Electric Hand Dryers $ 1,050.00 121
Electronic Flush Valves ·Building without Urinals $ 475.00 121
Electronic Flush Valves for Optional Urinal (price per urinal) Qty: 1 $ 475.00 D
Electronic Lavatory Faucets $ 475.00 121
Exterior Mounted ADA Drinking Fountain $ 2,700.00 0
lnsta·Hot Hot Water Heater 575.00 D
Skylight in Restroom (each) Qty: 1 $ 425.00 D
Marine Grade Skylight in Restroom (each) Qty: 1 $ 1.400.00 121
Marine Package for Extra Corrosion Resistance $ 2,750.00 D
Tile Floor In Restroom 1,750.00 D
Fiberglass Entry and Oiase Doors and Frames $ 2,300.00 D
VandlShleld XT $ 2,500.00 D
Timed Electric Lock System (does not Include chase door) 2,200.00 D
Exterior Frostproof Hose Bib with Box $ 385.00 D
PapeiToweJ Dispenser $ 85.00 D
Toilet Seat Cover Dispenser $ 75.00 D
Sanitary Napkin Disposal $ 48.00 D
CXT Wastebasket $ 38.00 D
Paint Touch up Kit· Single Color $ 40.00 D
Paint Touch up Kit· Two Tone Color $ 50.00 D
Total Cost of Selected Accessories from Accessories Price list:
Estimated One-Way Transportation Costs to Site (quote): $
Custom Options; Optional rock tex1ure with horizontal lap or board and bat upper $
Total Cost per Unit Placed at Job Site: I $ (excludes all taxes}
This price quote Is good for 60 days from date below, and is accurate
and complete.
I accept this quote. Please process this order.
Eric Dlgi!aliy skJned b-f Enc K11111W ON: cn::Erlc Kuester. o=CXT Jnc:.
OIJ::Sen'or Salu Managar,
K t em.if1<ekutt1er@bkl$1'e'r.oom, c.oiUS u es e r Oa!Q. 2014 00 19 10·24:2£ .orOrt
CXT Sales Representative
Date
0.00
0.00
0.00
0.00
0.00
1,050.00
475.00
0.00
475.00
2,700.00
0.00
0.00
1.400.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,100.00
2,889.00
4,250.00
37,714.00
Company Name
Customer
Date