2021 SIA/Bridgeland Dev/Northland Ph 5D01
IIII1111IN Page: SI of37 °�
Debbie Pierson, Flathead County MT by SM 1212312021 3:12 PM
Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 1" Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 20 j( , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Bridgeland Development LLP (Name of
Developer)
a Company
(Individual, Company or Corporation)
located at 315 Parkland Drive #4 Kalispell MT 59937
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Northland Phase 5D (Name of
Subdivision)
located at NW 1/4 Section 1, T28N, R22W, P.M.M., Flathead County Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Northland Phase 5D , upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ $,
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, o other acceptable collateral
as determined by the City Council, in the amount of $ $� gSSaid Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
�l0t,13co
a. That the creditor guarantees funds in the sum of $ $� ,z_the estimated cost of
completing the required improvements in Northland Phase 5Q.
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by AUgUSt 20 , 2022-•
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Bridgeland Development LLP
(Name of Subdivision/Developer/Firm)
b V u �� Ltd eu.-?t
ame) (Title)
STATE OF MONT NA
COUNTY OF E(QJadd
On this /0 A day of A , 20 before me, a Notary Public for the State
of Montana personally, appeared re- of v.- � + ' M S known to me to be the
v I(L ,(-fh4' of &jdqfjMcA W!Vmen-t UP, whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary P blic for the State of Montana
Printed Name ({t1 A h r 0` UA CL h Ali C,
Residing at
My Commission Exeires J2 Z131 2 0 2,
MAYOR, CITY OF KALISPELL
MAYOR
�NNTUpy CYNTHIATUDHOPE
Notary Public for the
State of Montana
* Sealed *= Residing at KALISPELL, MT
My Commission Expires
ofMd�`'� February 13, 2023
EXHIBIT A
CONDITIONS OF APPROVAL
Conditions:
1. The development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
anx additional conditions aygnriated with the relimin2rV plat as 2Wroyed bLV the
city council.
2. The preliminary plat approval shall be valid for a period of three years from the
date of approval.
3. The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water report and an engineered drainage plan that meets
the requirements of the current city standards for design and construction. Prior
to final plat, a certification shall be submitted to the public works department
stating that the drainage plan for the subdivision has been installed as designed
and approved.
4. The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy
of all documents submitted to Montana Department of Environmental Quality for
the General Permit for Storm Water Discharge Associated with Construction
Activities.
5. The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department and
the Montana Department of Environmental Quality for concurrent review, with
approval of both required prior to construction.
6. The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction.
7. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work.
8. All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for city water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
9. The following statement shall appear on the final plat: -The undersigned hereby
grants unto each and every person, firm or corporation, whether public or private,
providing or offering to provide telephone, telegraph, electric power, gas, cable
television, water or sewer service to the public, the right to the joint use of an
easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as
"Utility Easement" to have and to hold forever."
6
Developer's Signature
10. Prior to filing the final plat, a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat In addition the mail deltv_rysite and improvements all also he
included in the preliminary and final engineering plans to be reviewed by the
Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area.
11. A' temporary turnaround shall be required at the north terminus of Northridge
Way to the satisfaction of the Public Works Director.
12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide
concrete or 10-foot-wide asphalt surface) along the western property boundary.
The trail access point can be installed anywhere north of Northridge Drive along
the western property boundary.
13. The townhouse lots located along the westerly property boundary shall have a
street frontage density of 40 feet/unit or larger. If the density is less than 40
feet/unit an alley shall be incorporated into the design of those lots.
14. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the landscape boulevards of the streets serving the subdivision. The
approved landscape plan shall be implemented or a cash in lieu payment for
installation of the street trees and groundcover be provided to the Kalispell Parks
and Recreation Department.
15. A parks plan for the areas designated as "open space and storm water
management area" shall be approved by the Parks and Recreation Director.
16. A park maintenance district shall be formed incorporating all the lots within the
subdivision. The park maintenance district shall not be effective until such time
as any open space or parks are accepted by the city. In this case an assessment
would be levied within the maintenance district to be determined by the Parks
and Recreation Department with approvals by the Kalispell City Council.
17. A homeowner's association (HOA) shall be formed and established for the common
areas prior to final plat.
18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall
be completed prior to final plat submittal.
19. All utilities shall be installed underground.
20. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
7
Project Name: NORTHLAND PHASE 5D
WGM Project Number: 160330
Owner: BRIDGELAND DEVELOPMENT, LLP
Bonding Date: December 9, 2021
EXHIBIT "B"
CERTIFICATION OF WORK TO BE ♦� WG M G R O U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Construction Quantity Costs
Quantities and Costs
Line Item Item Description
Unit
Quantity
Unit Price
Total
Quantity
Current Total
Schedule 1- Site Work
- 1.1
Mobilization. Submittals & Permits
LS
1
$26,500.00
$26,5W.00
1.0000
$26,500.00
1.2
Erosion Control Measures
LS
1
$1M.00
$18,500.00
1.0000
$18,500.00
. 13
Traffic Control
LS
1
$41,750.00
$41,7S0.00
1.0000
$41,750.00
1A
Material Testing
LS
1
S39,000.00
$39,000.00
1.0000
$39,000.00
1.5
Exp:oratosy Excavation
Hr.
16
$324.00
$5,184.00
16
$5,184.00
1.6
Demolition and Pro,r Disposal
SY
735
$15.56
$11,436.60
735
$11,436.60
1.7
relocate portion of exisUng TS
CY
17000
$3.50
$59,500.00
17000
$59,50o.00
1.8
Strip, Stockpile & Respread Top Soil
CY
12000
$5.00
$60,00D.00
6000
$30,000.00
1.9
Earthwork Embankment & Excavation
CY
13100
$5.25
$69,775.
13100
$68,775.00
1.10
Seeding and Restoration
LS
1
$4,675.00
$4,675.00
0
$0.00
1.11
Misc Work Fence Deno/storm Regrade
LS
1
$2,000.00
$2,000.00
0
$0.00
SCHEDULE 1 TOTAL
$337,320.60
$3W.645.60
Schedule 2 - Roads & Sidewalks
2.1
Geotextile Fabric
SY
5363
$0.90
$4,846.97
5,363
$4,946.97
22
1.5" Minus Select Subbase Material (9" depth)
CY
2080
$30.50
$63,440.00
2,080
$63,440.00
23
3/4" Minus Base Course Material (6" depth]
CY
1113
$32.50
$36,17250
1, M
$36,172.50
2A
4"Aszwwlt
SY
5850
$19.00
$111,150.00
5,850
$111,150.00
2A
Muhi-Use Path,
SY
1842
$26.00
$47,892.00
1,727
$44,902.00
2.4
Muki-Use Patf.Concrete ACC
SF
288
$14.56
$4,193.28
298
$4,193.28
2.5
Curb &Gutter
LF
2983
$17.591
$52,441.14
2,9W
$52,441.14
2.5
Street Intersection Gutter
SF
1094
$7.54
$8,249.76
1,094
$8,248.76
2.6
Sidewalks 4" Concrete, 6" base, 5' width]
SF
17230
$5.31
$91,491.30
17,230
$91,491.30
r 2.7
Detectable Warning Devices
EA
16
$264-00
$4,224.00
16
$4,224.00
2.8
Boulevard W tops Ll, seeding, 9' width]
SY
2759
$4.34
$11,974.06
2,759
$11,974.06
- 29
Street Signs
EA
3
$953.00
$2,559.00
3
$2,559.00
2.10
6" Bollards
EA
3
$725.00
$2,175.DD
0
$0.00
SCHEDULE 2 TOTAL
$440,808.01
$435,643.01
Schedule 3 - Water System
3.1
8' C900 PVC Water Main
LF
15S4
557.00
$88,578.00
1,554
$89,578.00
3.2
a" MJ Bend
EA
4
$461.00
$1.844.00
4
$1,844.00
3.3
8" x 8° x 8" MJ Tee
EA
2
$771.00
$1,542.00
2
$1,542.00
3.4
8" x 8" x 8' x 8" Ml Cross
EA
1
$1,065.00
$1,065.00
1
$1,065.00
3.5
8" MJ End Cap w. Slowoff
EA
1
$3,015.00
$3,015.Oo
1
$3,015.00
3.6
8" M1xM1 Gate Valve W. Box and Collar
EA
15
$1,930.00
$29,950.00
15
$28,950.00
3.7
Connect to Existing Water MN MN Ext.
EA
2
$2,000.00
$4,000.00
2
$4,0D0. 00
3.8
6" Fire Hydrant Assembly
EA
4
$6,380.00
$25520.00
4
$25,520.00
3.9
Lower W Water Main
EA
2
$3,535.00
$7,070.00
2
$7,070.00
3.10
3/4" Domestic Water Services _
EA
40
$3,235.00
$129,40000
40
$129,400.00
SCHEDULE3TOTAL .
$290,984.00
$290,984.00
Schedule 4 - Sewer System
EA
3
$2,080.00
$6,240.00
3
$6,240.00
4.1
Conned to Existing City Sewer
4.2
8' SDR 35 Sewer Main
LF
1962
$49.00
$96,138.00
1,962
$96,138.00
4.3
49" Sewer Manhole w. Frame Cover and Collar
EA
14
$3,715.00
$5Z010001
14
$52,010.00
4.4 4' Sewer Services EA 40
$1,855.00
$74,200.00
41.1
SCHEDULE 4 TOTAL
$228,588.00
$228,588.00
Schedule 5 - Stormwater Management
5.1 30" I.D. Catchbasin (with Casting Apron, and Rin ) EA 4
$2,371.00
$9,494.00
4
$9,494.00
5.2 48" I.D. Manhole (with Casting, Apron, and Rings] EA 4
$3, 150.00
$12.600.00
4
$12,600.00
5.3 48" I.O. Manhole (with Casting, Apron, and Rings i-TYPE 2 EA 1
$2,770.00
$2,770.00
1
$2,770.00
5.4 12" Storm Drain - SOR 35 LF SOB
$39.00
$31,512.00
am
$31,512.00
53 Flared End Section w. Pond Reshape. EA 4
$1,515.00
$6,060.D0
4
$6,060.00
SCHEDULE 5 TOTAL
$62p2640
$62A26.00
Schedule 6 - Dry Utilities, Street Lighting, and Signage
6.1 Utility Trench w. Bedding LF 2390
$9.00
$21,510.00
2,390
$21510.00
6.2 1" Sch 40 PVC LF 297
$3S6
$1,057.32
297
$1,057.32
63 Street!,ght Concrete Base EA 6
$1,200.00
$7,200.00
6
$7,200.00
6.4 3" Sch 40 PVC Electrical Conduit LF 3761
$5.07
$19,068.27
3,761
$19,068.27
63 Single Phase Concrete Vault EA 5
$1.005.00
$5,025.00
5
$5,025.00
6.6 Secondary Electrical Pedestal EA 17
$143.00
$2,431.00
17
$2,431.00
6.7 Three Phase Concrete Vault EA 1
$1,535.00
$1,535.00
1
$1,535.00
6.8 '5: 2�Sch 40 PVC Communication Conduit LF 2390
$3.00
$7,170.001
2,390
$7,170.00
SCHEDULE 6 TOTAL
S64,996.59
$64,9%.59
Schedule 7 - Closeout Engineering Services
7.1 Record Drawings LS 1
$5,000.00
$5,000.00
1
$5,000.00
SCHEDULE 7 TOTAL
$S,000.00
SSA0o.00
Schedule 8 - Open Space Landscape Services
8.1 Open Space Treas EA 28
S800.00
$22,400.00
0
$800.00
SCHEDULE 7 TOTAL _
$22,400.00
$800.00
CIVIL
TOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
$1,452,523.20
AMOUNT COMPLETED PRIOR TO BONDING
$1,389,093.20
AMOUNT OF REMAINING WORK PRIOR TO BONDING
63,440.00
AMOUNT OF BOND (125%OF REMAINING WORK)"
$79,300.00
AS PROJECT ENGINEER FOR NORTHLAND PHASE 50, 1 CERTIFY THAT THE WORK LISTED HEREIN IS
CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES
OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
$1,389,093.20
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
$63,440.00
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$79,300.00
REDUCED BOND FROM SA/58 (INCLUDING LANDSCAPE AT 125%)
$54,3SB.63
TOTAL BONDING REQUIRED SA, 56, 5D
$133,659.63
CASHIERS CHECK SENT TO KALISPELL PUBLIC WORKS (2020)
$29,465.97
EXISTING BOND FROM SA/511 (INCLUDING LANDSCAPE AT 12S%)
$79,992.00
BOND FOR REMAINING PHASE SO WORK
$24,300.76
Ben Rankin, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY:
August 20, 2022
Approximate percentage of completed
work as of bonding date: 95.5%