H2. Resolution 6191, Rail Park Drive FundingDevelopment Services Department
201 Is'Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Development Services Director
SUBJECT: KRD-24-01 — Request for TEDD Assistance for Rail Park Drive Public
Infrastructure
MEETING DATE: April 1, 2024
BACKGROUND: Flathead County Economic Development Authority has requested $135,000.00
in funding from the Glacier Rail Park Targeted Economic Development District (TEDD) for the
purpose of adding necessary public infrastructure improvements such that Rail Park Drive would be
brought up to city standards. Part 15 of the Glacier Rail Park Plan (Infrastructure Analysis) indicated
"Roads" as a deficiency of which sidewalk construction is included. FCEDA has completed the
necessary engineering for the proposed project and received a bid to complete the work which has a
total project cost of $673,917.45. The requested amount of $135,000.00 is roughly 20% of the total
project cost.
Rail Park Drive, which provides access to the Glacier Rail Park is currently a private road owned by
FCEDA. It was constructed as a private road at that time because of the nature of the development
(Industrial) and the thought that semi -trucks would be staging on the roadway during harvest season
as they unload at the CHS facility. Since its completion Rail Park Drive has never been gated and has
been open to the public, providing users an additional route to the greater transportation system.
Since the roadway is functioning similarly to a public roadway, FCEDA has expressed interest in
turning ownership of Rail Park Drive over to the City. At this time the City is unable to take
ownership of Rail Park Drive as it was not constructed to City standards, which would have included
a landscaped boulevard, street trees, and sidewalks.
The Council held a work session regarding the proposal on September 11, 2023. The Kalispell Urban
Renewal Agency (URA) held a meeting on March 26, 2024, to consider the request. At the meeting
staff recommended that the URA adopt staff report KRD-24-01 as findings of fact and recommend to
the Kalispell City Council that the public projects be approved as provided. URA discussion concluded
that the funding of the Rail Park Drive project was eligible and appropriate. The URA voted to
recommend this project to City Council for funding.
RECOMMENDATION: It is recommended that the Council adopt Resolution 6191, a Resolution
authorizing the use of Glacier Rail Park Targeted Economic Development District funding for the
Rail Park Drive public project.
FISCAL EFFECTS: $135,000.00 from the Glacier Rail Park TEDD will be utilized to help fund
the Rail Park Drive public project.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Resolution 6191
Staff Report KRD-24-01
Rail Park Drive LHC Bid
Glacier Rail Park TEDD Final
c: Aimee Brunckhorst, Kalispell City Clerk
RESOLUTION NO. 6191
A RESOLUTION APPROVING THE KALISPELL URBAN RENEWAL AGENCY (URA)
RECOMMENDATION TO GRANT FUNDING IN THE AMOUNT OF $135,000.00 FROM
THE GLACIER RAIL PARK TARGETED ECONOMIC DEVELOPMENT DISTRICT
(TEDD) TO THE FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY
(FCEDA) FOR THE PURPOSE OF ADDING NECESSARY PUBLIC
INFRASTRUCTURE IMPROVEMENTS TO UPGRADE RAIL PARK DRIVE TO CITY
STANDARDS.
WHEREAS, on April 4, 2016 the City Council approved Resolution No. 5757 with a finding of
necessity for the Glacier Rail Park Development plan; and,
WHEREAS, on April 18, 2016 the City Council passed Ordinance No. 1770 adopting the Glacier
Rail Park TEDD Plan and establishing the boundaries of the 49 acre TEDD; and,
WHEREAS, on June 18, 2018, the City Council passed Resolution 5877, annexing 3.38 acres
and adding them to the Glacier Rail Park TEDD; and
WHEREAS, FCEDA has requested $135,000.00 in funding from the Glacier Rail Park TEDD
for the purpose of adding necessary public infrastructure improvements to Rail Park
Drive to upgrade it to city standards; and
WHEREAS, the URA held a meeting on March 26, 2024 during which staff recommended that
the URA adopt staff report KRD-24-01 as findings of fact and the URA
recommended to the Kalispell City Council the public projects be approved as
provided; and
WHEREAS, the URA has made the recommendation, based upon the application of FCEDA,
that infrastructure improvements in the amount of $135,000.00 are eligible for
TEDD funding and should be approved.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. The City Manager is hereby authorized to commit the use of up to $135,000
of TEDD funds for the purpose of adding necessary public infrastructure to
Rail Park Drive.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS I ST DAY OF APRIL, 2024.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
STAFF REPORT KRD 24-01
REQUEST FOR GLACIER RAIL PARK TEDD FUNDING
March 14, 2024
A report to the Kalispell Urban Renewal Agency and the Kalispell City Council regarding a request
for funding from the Glacier Rail Park TEDD for the purpose of constructing sidewalks, boulevard,
and street trees within the Glacier Rail Park Plan boundary to bring the existing roadway
infrastructure into compliance with city requirements for a public roadway. A public meeting has
been scheduled before the Kalispell Urban Renewal Agency (URA) for March 20, 2024, beginning
at 4:00 PM in the Kalispell City Hall, First Floor Conference Room. The URA will forward a
recommendation to the Kalispell City Council for final action.
TEDD Overview: The City of Kalispell in conjunction with Flathead County Economic
Development Authority (FCEDA) sought to foster the development of secondary, value adding
industries within the Glacier Rail Park Development Plan area as part of the city's overall mission
to meet its needs of promoting economic development, improving area employment opportunities
and expanding the community's tax base. This effort is made possible through the Glacier Rail
Park Targeted Economic Development District (TEDD) on 49-acres of land within the larger 104-
acre Glacier Rail Park Development Plan boundary.
On April 4, 2016, the council approved Resolution No. 5757. Resolution 5757 was a resolution of
necessity finding that the Glacier Rail Park Development Plan area is deficient in necessary
infrastructure improvements, that the City lacks sufficient capital to rectify the infrastructure
deficiency of the subject property, thus impeding its ability to achieve economic growth though
the development of value -adding industries, and that infrastructure improvements of the subject
area is necessary for the welfare of the residents. Subsequently, the council, after a duly noticed
public hearing on April 18, 2016, established the 49-acre TEDD within the larger 104-acre Glacier
Rail Park Development Plan by passing Ordinance 1770. Ordinance 1770 adopted the Glacier Rail
Park Plan as a comprehensive development plan and established the Glacier Rail Park TEDD in
the City of Kalispell for the purpose of developing necessary infrastructure within the plan
boundary to encourage the location and development of value -adding industries; established the
costs which may be paid by the district created by the ordinance, established the boundaries of the
TEDD; and established January 1, 2016 as the base taxable year for the TEDD.
The City of Kalispell utilizes Tax Increment Financing as part of the overall strategy to provide
infrastructure in support of value -adding industry pursuant to the 2013 Targeted Economic
Development District Act, embodied in 7-15-4279, Montana Code Annotated (MCA). The TEDD
provides the City of Kalispell with the ability to employ tax increment financing as provided in 7-
15-4282, MCA for appropriate public infrastructure projects in support of "value -adding industry
or secondary value-added products or commodities." In this case the request from FCEDA is for
public infrastructure improvements in regards to road improvements to Rail Park Drive, which
were identified within the Glacier Rail Park TEDD Plan.
The Kalispell City Council has held work sessions regarding the potential use of TEDD funds to
provide for the improvements needed to bring Rail Park Drive up to city standards and indicated
the ability to assist FCEDA in construction of the needed improvements with TEDD funds so that
the roadway could be transferred to the City.
1
Applicant: Flathead County Economic Development Authority (FCEDA)
44 2nd Avenue West
Kalispell, MT 59901
Proposed Project: Flathead County Economic Development Authority has requested
$135,000.00 in funding from the Glacier Rail Park TEDD for the purpose of adding necessary
public infrastructure improvements such that Rail Park Drive would be brought up to city
standards. Part 15 of the plan (Infrastructure Analysis) indicated "Roads" as a deficiency of which
sidewalk construction is included. FCEDA has completed the necessary engineering for the
proposed project and received a BID to complete the work which has a total project cost of
$673,917.45. The requested amount of $135,000.00 is roughly 20% of the total project cost. Rail
Park Drive, which provides access to the Glacier Rail Park is currently a private road owned by
FCEDA. It was constructed as a private road at that time because of the nature of the development
(Industrial) and the thought that semi -trucks would be staging on the roadway during harvest
season as they unload at the CHS facility. Since its completion Rail Park Drive has never been
gated and has been open to the public, providing users an additional route to the greater
transportation system. Since the roadway is functioning similarly to a public roadway, FCEDA
has expressed interest in turning ownership of Rail Park Drive over to the City. At this time the
City is unable to take ownership of Rail Park Drive as it was not constructed to City standards,
which would have included a landscape boulevard, street trees, and sidewalks.
Location: The Glacier Rail Park is generally bound by Whitefish Stage Road to the West,
Stillwater River to the north, BNSF tracks to the east and Oregon Street to the south.
Legend •
® Glacier Rail Park Planned Boundary
Glaoirr Rni! Park Plan/TEDD Bonndfny
® TEDD Amendment Area
TEDD
R•3
�^
R3
B•2 RA•1
%� a, y/
Existing Land Use: The general land use character of this area can be described as industrial. The
active land uses in the area are CHS, a landscape stone supply company, a post and pole wood
products manufacturing operation, and a commercial truck repair business. There are residential
properties adjacent to the site on its southern boundary, but there is a significant topographic
difference between the residential properties and the industrial area, with the residential properties
2
sitting 20 to 30 feet above the industrial zone. There is also an RV park located just south of East
Oregon Street.
Zoning: The zoning for the property is I-2 PUD. The I-2/PUD Zone on the Rail Park provides
standards that are more appropriate for the industrial rail park. In addition to the standard I-2
Zoning requirements, outlined below, the PUD overlay addresses the following: 1) Timing of
building permit issuance; 2) Ability to gate the private road; 3) List of permitted uses on the
property; 4) Allowable fence height; 5) Wayfinding signage; 6) Paving standards; 7) Landscaping
standards; and 8) Standard for private roads serving a subdivision.
Growth Policy: The Glacier Rail Park Plan Boundary is designated by the Kalispell Growth Policy
Future Land Use Map as "Industrial" (including the County properties) which anticipates the I-2
zoning district. The I-2 zoning district is consistent with the industrial designation in the growth
policy.
CONCLUSION: The public project for sidewalks, boulevards, and street trees does comply with
the expressed intent of the Glacier Rail Park Development Plan. Specifically, under Part 15 of the
plan (Infrastructure Analysis) indicated "Roads" as a deficiency of which sidewalk construction is
included.
RECOMMENDATION: Staff recommends that the City of Kalispell Urban Renewal Agency adopt
staff report KRD-24-01 as findings of fact and recommended to the Kalispell City Council that
$135,000.00 in public infrastructure Glacier Rail Park TEDD funding be allocated for sidewalk,
boulevard, and street tree improvements to Rail Park Drive.
ATTACHMENTS: Glacier Rail Park Development Plan
LHC BID
9
SECTION 00410
BID FORM
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to: The Flathead County Economic Development Authority, 44 2nd Ave W,
Kalispell, MT 59901,
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and
in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain
such authority within the time for acceptance of Bids;
C. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant
by Bidder to obtain said license within the time for acceptance of Bids;
ARTICLE 3—BASIS OF BID —LUMP SUM BID AND UNIT PRICES
3.01 Unit Price Bids
A. Bidder will perform the following Work at the indicated unit prices:
Item Description Unit Estimated Bid Unit Price Bid Amount
No.
Quantity
101 Mobilization LS 1
102 Taxes, Bonds, & Insurance LS
103 General Requirements LS
201 Erosion Control LS 1 $
202 Misc Demo LS
501 4" Concrete Sidewalk 5Y
2
502 6" Concrete Sidewalk 340 $
503 Reinforced Concrete Sidewalk SY 72 $
504 Asphalt Concrete Sy $
505 Reinforced Portland Cement SY 153 $ � �l7 $
'
506 ADA Ramp EA
3 $ >v $ �- c1_1/2 er .
507 Detectable Warning Device EA 3 $
601 Striping White Epoxy GAL $ S �`� 7 Sf E'er
p g 5 $ 7�� $ 7� n
602 Posts —Tubular Steel —Square LF 72 $
2"x2" — Perforated (14 ga) - $
3S A1133. �v
Rail Park Drive Improvements Bid Form
KU Project #2325-01621 Section 00410
Page 1 of 5
603
J Signs —Aluminum Reflective
Sheet IV
701
Soil Amendment and Fine
Grading
702
Grading Back of Walk
703
Non -Irrigated Seed Mix
704
Trees
SF
1.51
d,07s,�
CY
$
tO$
CY
3L
$ 5SF
3C�
3
$L5
SGxz7c -
$f3�5ovcy
Total of All Unit Price Bid Items $65�
B. Bidder acknowledges that:
1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover
Contractor's overhead and profit for each separately identified item, and
2. estimated quantities are not guaranteed, and are solely for the purpose of comparison of
Bids, and final payment for all Unit Price Work will be based on actual quantities,
determined as provided in the Contract Documents,
ARTICLE 4—TIME OF COMPLETION
4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before the
dates or within the number of calendar days indicated in the Agreement.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 5—BiDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
5.02 instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Bid security,
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder's Representations
A. in submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
Rail Park Drive Improvements Bid Form
KU Project #2325-01621 Section 00410
Page 2 of 5
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions
at or adjacent to the Site and the drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder's (Contractor's) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Bidder
agrees that no further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies
between Site conditions and the Contract Documents, and the written resolution thereof
by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder's Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association, organization, or corporation.
Rail Park Drive Improvements Bid Form Section 00410
KU Project #2325-01621 Page 3 of 5
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Owner, (b) to establish bid prices at
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition.
c. Collusive practice means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish bid prices
at artificial, non-competitive levels.
d. Coercive practice means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
Rail Park Drive Improvements Bid Form
KU Project H2325-01621 Section 00410
Page 4 of 5
Title:
Phone:
Email:
Address:
BIDDER hereby submits this Bid as set forth above:
Bidder:
(ty anted
B�
Etna dua!'s si no ureJ f
Name: C LAr eQc
(typed or printed)
Title: e a f cJ e.
(typed or printed}
Date:
(typ d or printed)
!f Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.
Attes
I marpiauars signature)
Name: ectr4-)C-4r
(typed or printed)
Title: E' C r-;�!7c, r
(typed or printed)
Date:
(typed or printed)
Address for giving notices:
PC) 9C,,
7
S— o s cS
Bidder's Contact:
Name: ., '� J C-f-
(typed or printed')(
F= -14
(typed or printed)
75,S-- -- 6' 4,zr-)
ctca u
Ctw,t 0.5 G�3aV
Bidder's Contractor License No.: (if applicable)
! L 5
Rail Park Drive Improvements Bid Form
KU Project #2325-01621 Section 00410
Page 5 of 5
CORPORATE RESOLUTION TO EXECUTE DOCUMENTS
WE THE UNDERSIGNED, DO HEREBY CERTIFY THAT:
THE CORPORATION'S EXISTENCE. The complete and correct name of the Corporation is
LHC, Inc. ("Corporation"). The corporation is a corporation for profit which is, and at all times
shall be, duly organized, validly existing, and in good standing under and by virtue of the ]aNvs of tl7e
State of Montana. The Corporation has the full po%ver and authority to own its properties and to
transact the business in which it is presently engaged or presently proposes to engage. The
Corporation maintains its corporate office at 208 1 st Avenue 1-;ast.. Kalispell. MT .59901.
RESOLUTION ADOPTED. At a meeting of the Directors of the Corporation duly called and held
on January 31. 2024, at which a quorum was present and voting, the resolutions set forth in this
Resolution were adopted.
CONSTRUCTION MANAGER AND SECRETARY. The following named persons are the
Construction Manager/President and Secretary of LHC, Inc.:
NAMES TITLE AUTHORIZED SI E
Jeffrey D. Claridge President Y
Barbara Wolstein Secretary Y
: - -
ACTIONS AUTHORIZED. The authorized pet -sons listed above may enter into construction
agreements and those agreements will bind the Corporation. Specifically, but without limitation, the
authorized persons are authorized, empowered, and directed to do the following for and on behalf of
the corporation:
Execute Bid and Contract Documents for the Rail Park ImproN'enrents
CERTIFICATION CONCERNING MANAGERS AND RESOLUTIONS. Tile Construction
Managcr/President and Secretary named above are duly cmployed by the Corporation and occupy
the position set opposite his/her- respective name, This Resolution now stand~ of record on the books
of the Corporation, is ill full force and effect, and has not been modified or revoked in any manner
whatsoever.
IN TESTIMONY WHEREOF. We have Hereunto set our hand and attest that the signature set
opposite the name listed above is his/her genuine signature.
We each have read all the provisions of this Resolution, and we each personally and on behalf of the
Corporation certify that all statements and representations made in this Resolution are true and
correct. This Resolution to Execute Documents is dated January 31, 2024,
LHC, Inc.
Barbara Wolstein, Secretary
BID BOND (PENAL SUM FORM)
Bidder
Name: L.H.C., Incorporated
Address (principal place of business):
P.O. Box 7338
Kalispell, MT 59904-0338
Owner
Name: Flathead County Economic Development Authority
Address (principal place of business):
44 2nd Ave W.
Kalispell, MT 59901
Surety
Name: Liberty Mutual Insurance Cornpany
Address (principal place of business):
175 Berkeley Street
Boston, MA 02116
Bid
Project (name and location):
Rail Park Improvements, Kalispell, MT
Bid Due Date: 2/16/2024
Bond ool
Penal Sum: Ten Percent of the Total Amount Bid 100/.
Date of Bond: 01/30/2024
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond,
do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
Bidder Surety
L.H.C., Incorporated Liberty Mutual. Insurance Company
�il f�r a! ame of Bide (F 11
Name:
Title:
Attest:
Name:
_��(Signature)
C " (
(Priniari — IL—'
(Printed or typed)
1nucu ur typeai
Title: S i Title: Bond CIerical
Notes; (1) Note; Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as
joint venturers, if necessary.
u form me re J o orate seal)
BY• i
(Atta5olpovver of Attorney)
Name: John D_ T.Pnf
(Printed or typed)
Title: Attorney -In -Fact
Attest:
Name: Kimberly Hod.,on
E1CDC° C-430, Bid Bond (Penal Sum Form).
Copyrightm 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers, All rights reserved.
Page I of 2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under
the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by
the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation will be null and vold if:
3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety
when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the Project and including a statement of the amount
due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice
of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's
written consent.
6. No suit or action will be commenced underthis Bond priorto 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after
the Bid due date.
7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
S. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by
United States Postal Service registered or certified mail, return receipt requested, postage pre -paid, and
will be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,
seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set
forth at length. if any provision of this Bond conflicts with any applicable statute, then the provision of said
statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
EJCAC° C-430, Bid Bond {Penal Sum Form}.
Copyright" 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of civil Engineers. All rights reserved.
Page 2 of 2
This Power of Attorney limits the acts of those named herein, and they have no authority to
Liberty bind the Company except in the manner and to the extent herein stated.
Liberty Mutual Insurance Company
Mutual. The Ohio Casualty Insurance Company Certificate No: 8209966-969551
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Statc of P,lassachuset s. and West Americas ins❑lance Company is a corporation duly organized
under the Paws of the State of Indiana (herein collectively called the °Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Amy
Steinmetz; Blaine D. R4artin; Brooke A. (_iai ]�Sa. C scr Cos rtiand Whits IAnIR111 0m (Tarp P�iladichnl: Jnnrie \4, Lt�n..lanuce L, �4-ilhelm: Darren Kan�ac; John D. Leaf,
Jul) Ticmey; Kaye U. Muzzana, Kimberly Hudson, Kristin .°1 l'1L�t��n7: Marsha 1 loft,]_ A.3thrm Urrkle�: tlohert C. I't�nnane Spar Wit Drahos
all of the city of Great Falls state of MT each individually if there be more than one named, its true and lawful attorney -in -fact to make,
execute, seal, acknowledge and deliver, for and Tri7ts behalf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as ir` they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 18th day of April 1 2023 ,
1Nsu JPLiberty Mutual Insurance CompanyPay( lyst, a %NSUR The Ohio Casualty Insurance Company
� GOR "tvr 'L�, 5J QR4o�r'Py P R4o 4.y Y
West American Insurance Company
1912 " 1919
m r� go gZ wo d. CD 1991 0
iACHUS�� D OIyCAM4=�`A ems, �NOIANP' ,aU� UJ C
m Assistant _
ms State of PENNSYLVANIA ;aViZM.;C;e!ey, Secretary
0:3)1 County of MONTGOMERY ss
c
E
U O
o On this 18th day of April 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance w
'0Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes E Q
therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
?� IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Q
0 � Sp, Pa T O
O CL
O Q 'tON 1,4 off Commonwealth of Pennsylvania - Notary Seal
o �a Teresa Pastella, Notary Public
Nt
O OF Montgomery County CU
C My commission expires March 28, 2825 B E
L a�Q Commission number 112fi044 y- 0 QJ
masvtivP eresa Pastella, Nota Public Q L MemGer, Pennsylvania Associa6an of Notaries Notary 0
L D O
This Power of Attorney is made and ex ir:d pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual CC)
Insurance Company, and West c_rr nsurance Company which resolutions are now in full force and effect reading as follows:
L ARTICLE IV— OFFICERS: Section 12. Power of A;to� ey ri CO
o c� �
Any officer or et' e offc the Corporatior h ;:od for that purpose in writing by the Chairman or the President, and subject to such lin-lation as f e Chairman or the a o
caa President may r ni proint sun r t t r be necessary to act in behalf c` tie Corporation to make, execute, seal, acknowledge and deliver as surety fo
any and al .�, 1 s. chi d ,hers i t, S, ch atto-^eys-in-fact, subject to the limi!ations set forth in their respective powers of attorney, shall -o m
O have Hill t gi or cn r -he„ i.atuFe r
nstru nent� sha�� L �K ,, I of al ,y such instruments and tc• attach thoreio the seal of the Corporation. VVI-er so executed, such o nD U Linriing as it r use r ,toe cd to by the Secretary. Any paver or authority granted to any representative or attorney -in -fact under the .n m
provislons of this be revokr I t L tE-nd, !lie Chairr,.an. the President or by the officer or officers granting s,;ch power or authority. to a
ARTICLE XIII — Execution of Contracts S. ei., 3_uds ar)d indeilakings,
Any officer of the Corapnn_, authorized for _' 1 u�,rc In ling ay the chairman o, the president, anc subject to such lin taJor:s as the chairman or the president may prescribe.
sraii appoint such attorney -In-fact, as m� i_- ne ss_-r - t In behalf of the Cemp2ry to make: execute_ seal ackncwledge and deliver as surety any and A ur,uertakir:gs,
bonds reccgnizances and othar surety cbli a'inns SuC '-fact subject to the limitations set forth In ,he respect ve powers cf attorney, shall have full power to bind the
Company by their signeturc and exe utl n of any s. ,n n r , i : nls and to attach thereto the sea! of the Company 'I;rne�r so executed such instruments shall be as bi^c°ir;g as if
signed by the president and attested by the secretary,
Certificate of Designation —The Fresident of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey. Assistant Secretary to appoint such attorneys -in -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge a ,d deliver as s.!rety any ar:d ali undertakings bonds. recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reprod.!ced slgra:u e of any assistant secretay of the
Company V'1herever agpe'tnre upon a r ff 1` copy of rrr I-.ver of attorney issued by the Company in connection with surety bonds shall he lotto am bl rding upon the Company with
the same force an ef`e . as though m ina' .!fixed_
I, Renee C Liewdlyn tie under gn r -s , r, t The Ohio Casualty Insurance Company, Liberty Mutual insure^ce Cor»ar,y ana V' est AmedLin Insurance Company do
hereby cedr,1 that the original potve of �,tcrriey n� .1Li� e fore-� - ��� �s a full, true and correct copy of the Pc�^ter of to ey erecu'ed by said Comganiss, is in full force and effect and
has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of January 2024
PoRqr�a°°�rQ'92n `GP=oR4o'�rF yr:'
1912 1919
n to
U o m
r 9 0 o y�o s 1991 0
Q
�Vt ssACH� �a �kHAM45��� a� �NDIAW6 Z!� By:
* Fed SUM * gad Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMPC OCIC WAIC Multi Cc 02121
KLI
ADDENDUM NO. 1
RAIL PARK DRIVE IMPROVEMENTS
KALISPELL, MT
BID DATE: February 16th, 2024
BID TIME: 11:00 am
LOCATION: Flathead Economic Development Authority, 44 2nd Ave W, Kalispell, MT 59901
This addendum is written for the purpose of clarification and/or modifications to the Contract Documents.
Acknowledgement of Addenda shall be noted on page 2 of Section 00410 Bid Form.
CONTRACTOR QUESTIONS
Question #1: flow are contaminated soils to be handled?
Engineer's response: The Third -Party Work Plan and associated SOPS included in the Appendix of the Specifications
details the handling of contaminated soils. If soils are encountered that are suspicious In nature by look or smell,
stop all work and notify the Engineer or Owner.
Question #2: Will the City of Kalispell accept the responsibility for watering the newly planted trees?
Engineer's response: Per the City of Kalispell, all trees planted as part of the project fall under the city's two-year
warranty. The contractor should include in the bid any efforts needed to water them or otherwise keep them alive
for the duration of the warranty.
Question #3: Will the City of Kalispell accept the use of "Gator Bags" for watering the newly planted trees?
Engineer's response: Gator Bags are an acceptable method of watering. The city is not responsible for maintaining
the water method during the duration of the warranty.
Question #4: Can contaminated soils be left on a tarp within the contamination zone?
Engineer's response: The Third -Party Work Plan and associated SOPS included in the Appendix of the Specifications
details the handling of contaminated soils. If soils are encountered that are suspicious in nature by look or smell,
stop all work and notify the Engineer or Owner.
Question #5: Can top soils from cut on KRY site be used as fill outside of the KRY site but in the project area?
Engineer's response: Yes, but the soil must be tested and meet regulatory requirements before moving the soil.
Question #6: What is the timeframe for completion?
Engineer's response: The completion timeframe is detailed in specification Section 00520 Article 4, Special
consideration will be given to the planting of all trees based upon the availability of the specified species and the
timeframe for planting which provide the highest success rate for the keeping the trees alive during the warranty
period.
Question #7: Will KU provide survey staking services?
Engineer's response: Yes.
Question #S: Who is responsible for Quality Control?
Engineer's response: The contractor is responsible for Quality Control, including concrete testing. Contractor shail
include material testing for concrete in unit bid price. Concrete testing shall include cylinder breaks at 7-, 14-, and
Rail Park Drive Improvements
KL} Project 2325-01621 Addendum No. 01
Page 1 of 2
KLI
28-days. Tests shall be taken every 1000 LF of sidewalk, including the locations of the CHS approaches.
Question #9: Will the City be doing the Final inspection?
Engineer's response: KU will conduct the final inspection. The owner and city representatives may attend.
Question #10: What is the estimate cost of construction?
Engineer's response: The estimated cost of construction is $675,000.
Question #11: What are the soil Cut/Fill estimates?
Engineer's response: There is a net fill estimate of 441 CY for gravel and topsoil combined. Based upon this estimate
it is assumed ail soils can be reused or wasted on site. Specification Division 1, Section 01200 Measurement and
Payment should be modified to strike out the following paragraph...
Question #12: The Bid Form Item 701 Soil Amendment and Fine Grading has the unit CY (cubic yard), however
Section 01200 Measurement and Payment section 1.03 item Soil Amendment and Fine Grading include units in both
cubic yards and as lump sum.
Engineer's response; Modify Section 01200 Measurement and Payment section 1,03 item Soil Amendment and
FineGrading to read as follows...
"Payment for Soil Amendment and Fine Grading shall be at the unit price shown in the Bid Form,"
Question #13: The published invitation to Bid and the FCEDA website indicate a bid date of February 16tr but the
Project Manual version shows February 2 . What is the bid date?
Engineer's response: Revise Division 0, Section 00100, first paragraph to read as follows...
"Separate sealed bids for the construction of Rail Park Improvements will be received by the Flathead
County Economic Development Authority (FCEDA), 44 2nd Ave W, Kalispell, MT 59901 until 11:00 AM, local
time on Friday, February 16, 2024, and then publicly opened and read aloud."
Mark Rohweder, PE
2/2/24
ONTA
ARK
5PE R
At
z.xrY}
END OF ADDENDUM NO. 1
Rail Park Drive Improvements
KLJ Project 2325-01621 Addendum No, Q1
Page 2 of 2
KLI
ADDENDUM NO. 2
RAIL PARK DRIVE IMPROVEMENTS
KALISPELL, MT
BID DATE: February 16", 2024
BID TIME: 11:00 am
LOCATION: Flathead Economic Development Authority, 44 2nd Ave W, Kalispell, MT 59901
This addendum is written for the purpose of clarification and/or modifications to the Contract Documents.
Acknowledgement of Addenda shall be noted on page 2 of Section 00410 Bid Form.
CONTRACTOR QUESTIONS
Question #1: Now is seeding to be kept alive and does seeding fall into the City's two-year warranty?
Engineer's response: Per the City of Kalispell, the scope of this effort shall be included in the contractors work and
that the two-year warranty applies to all plantings.
Question #2: What are soil amendments on the bid form?
Engineer's response: For the purposes of this specification bid form soil amendments refer to topsoil.
Question #3: What amendments or soils are required for tree plantings?
Engineer's response: The specification does not have a specific requirement for tree planting soils; however, trees
should be planted in a manner that provides the best possible chance for survival and meeting the city's two-year
warranty for all plantings.
Question #4: The Notes on sheet 15 (1-5) call for 6" minimum topsoil and the Typical on sheet 5 (G5) calls for 4"
topsoil?
Engineer's response: The Typical on Plan Sheet 5 (G5) shall read 6" of topsoil,
Mark Rohweder, PE
2/12/24
1
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ARK
DER
� r-•• 'fir
Al -
END OF ADDENDUM NO. 2
Rai! Parr Drive ImproVements
KLJ Project 222.5-01245 Addendum No, 02
Page I of 1
Glacier Rail Park Development Plan for
Targeted Economic Development District (TEDD)
L Introduction•
The Glacier Rail Park Development Plan embraces a 104 acre area under multiple ownerships
located in the heart of Flathead County in and adjacent to the City of Kalispell. The City of
Kalispell in conjunction with the Flathead County Economic Development Authority (FCEDA)
is seeking to foster the development of secondary, value adding industries within the Glacier Rail
Park Plan Area as part of the City's overall mission to meet its needs of promoting economic
development, improving area employment opportunities and expanding the community's tax
base. This effort would be made possible through the creation of a Targeted Economic
Development District (TEDD) on 49 acres of land within the larger Glacier Rail Park Plan
Boundary. The City of Kalispell would need to utilize Tax Increment Financing as part of the
overall strategy to provide infrastructure in support of value -adding industry pursuant to the 2013
Targeted Economic Development District Act, embodied in 7-15-4279, Montana Code
Annotated (MCA). The TEDD would provide the City of Kalispell with the ability to employ tax
increment financing as provided in 7-15-4282, MCA for appropriate public infrastructure
projects in support of "value -adding industry or secondary value-added products or
commodities" within the Glacier Rail Park Plan Boundary.
There is an opportunity here to utilize an effective economic tool, as envisioned by the state
legislature, through the creation of a TEDD at the Glacier Rail Park. A TEDD would allow the
City to appropriately marshal tax revenues to help fund the public infrastructure that will spur a
diverse private business base to invest there. It is the primary focus of the Glacier Rail Park
TEDD proposal to develop the necessary infrastructure to encourage the location, expansion and
retention of diverse value added industries suitable for an industrial Rail Park.
IL Proiect Summary:
The Glacier Rail Park project, occupying 49 acres within the larger Glacier Rail Park Plan
boundary, is a transformative project for northwest Montana, creating economic opportunities to
spark community revitalization. The project is designed to incentivize private investment to
create jobs and position the region for sustained economic growth into the 21st century by
converting an underutilized gravel pit into a thriving rail -served industrial park. The Rail Park is
1IPage
centrally located on a vacant gravel pit which was purchased by FCEDA for the specific purpose
of developing a rail -served industrial park. The Rail Park Project can transform this reclaimed
EPA Brownfields site to a multi -modal long-term use, create jobs and increase freight movement
via rail. It will shift rail use to a location that matches rail access with highway access. The
property has been zoned to meet the requirements for sustained industrial growth. The TIGER
2015 grant funds awarded to this project may be used to leverage local, state, federal and private
dollars to assist with the construction of $4.3 million of rail (13,724 lineal feet) and $2.6 million
in road (6,600 lineal feet) and safety infrastructure for a rail -served industrial park to serve
existing and new prospective businesses. A $10 million investment of TIGER funds will
leverage over $11 million in private and public local, non-federal match and encourage
additional private investment in the Glacier Rail Park. Without the benefit of a TEDD the City of
Kalispell may not be able to adequately assist in the match requirements to derive the most
leverage possible for the TIGER 2015 grant funds.
Construction of the project will contribute to the long-term growth of the economy by fostering
jobs in Northwest Montana. The City of Kalispell works to attract new and expanding
businesses to the region and assist existing companies to grow in order to foster job creation in
the northwest region of Montana which has been designated as an Economically Distressed Area
in part due to a decline in the traditional industries of timber, mining and aluminum production.
A Rail Park designed to modern standards will meet today's manufacturing and industrial
requirements. The Rail Park will also assist existing business to expand as their ability to reach
new markets is improved. Businesses moving into the Rail Park will create new jobs paying
wages estimated to be at or above the county average wage.
III. Goals of the Glacier Rail Park TEDD:
The goal of the Glacier Rail Park TEDD would be to assist the Flathead Valley to recover from
being an Economically Distressed Area by accomplishing the following:
1. To foster economic vitality in the Valley and increase employment opportunities through
infrastructure development in support of secondary value -adding industry;
2. To provide support for business and industries that preserve the quality of life for all
residents;
3. To facilitate the creation of a diversified tenant base of multiple independent tenants
within the TEDD;
4. To encourage secondary, value -adding industries that take advantage of the Valley's
resources for the purpose of engaging in interstate commerce; and
5. To encourage the orderly growth and development of the community.
2 1 P a g e
IV. Overall Glacier Rail Park Development Plan Boundary Site Description:
The Glacier Rail Park Plan Boundary shown by FIGURE 1 below is generally bound by
Whitefish Stage Road to the West, Stillwater River to the north, BNSF tracks to the east
and Oregon Street to the south. The Glacier Rail Park Plan Boundary totals
approximately 104 acres. The TEDD boundary (within city limits) is approximately 49
acres and the properties outside of the TEDD boundary are approximately 55 acres in
size.
FIGURE 1: Glacier Rail Park Plan Boundary
Note the 55 acres of adjacent land currently within Flathead County. This 55 acres will
not be located within the TEDD; however, this plan is taking into account this 55 acre
area due to the likelihood of the property owners petitioning to annex into the City. It is
anticipated that the development of the infrastructure within the TEDD will catalyze
redevelopment of industrial land adjacent to the TEDD, which will benefit from the
improved infrastructure and increased visibility. In order for these properties within the
County to fully develop, infrastructure will need to be provided. Accordingly, if at a
3 1 P a g e
future date properties outside of the designated TEDD would like to be included in the
Rail Park, this plan would leave open the possibility of the TEDD being expanded into
those properties.
V. Overall Plan Current Land Use:
The general land use character of the overall Glacier Rail Park Development Plan Area
can be described as industrial. The active land uses in the area are a trucking company, a
landscape stone supply company, a post and pole wood products manufacturing
operation, and a commercial truck repair business. There are residential properties
adjacent to the site on its southern boundary, but there is a significant topographic
difference between the residential properties and the industrial area, with the residential
properties sitting 20 to 30 feet above the industrial zone.
VL Glacier Rail Park Development Overall Development Plan Development Pattern:
Zoning:
The portion of the Glacier Rail Park Plan Boundary within City limits is within the City I-2
(Heavy Industrial) Zoning District. This portion of the Glacier Park Plan boundary is where the
TEDD is proposed to be initially implemented. The Kalispell Zoning Regulations state that the I-
2 zoning district is;
"intended to provide areas for heavy industrial uses to accommodate heavy manufacturing,
processing, fabrication and assembling of products or materials. It is also intended that the
encroachment of non -industrial uses within the district be prevented. This zoning district would
typically be restricted to areas designated as industrial on the Kalispell Growth Policy Future
Land Use Map. "
The portion of the Glacier Rail Park Boundary located within Flathead County is within the
County I-2 (Heavy Industrial) Zoning District. If any of these properties were to annex into the
City of Kalispell they would be given a City I-2 zoning designation, as described above. The
Flathead County Zoning Regulations state that the I-2 Zoning District is;
"a district to provide for industrial uses to accommodate heavy manufacturing, processing,
fabrication, and assembly of parts or materials. It is also intended that the encroachment of non-
industrial or unspecified commercial uses within the district be prevented. " Permitted uses in
this district include a variety of heavy industrial uses, including a railroad yard. The county's
zoning code conditionally permits additional heavy industrial uses that tend to deal with
handling or manufacture of dangerous or toxic materials, or produce excessive noise, such as an
airport or motor vehicle race track. "
4 1 P a g e
Chapter 27.17 (I-2 — Heavy Industrial) of the Kalispell Zoning Ordinance outlines the zoning
district regulations that will be applicable to the plan boundary. The I-2 zoning designation of the
Glacier Park Plan Boundary anticipates rail -served industrial uses. The I-2 zoning district is
consistent with the surrounding industrial character of the area and its location adjacent to the
BNSF right-of-way. The I-2 zoning district gives due consideration of the suitability of this
property for the permitted uses in the zoning district. Setback, height, and lot coverage standards
for development occurring on this site are established in the Kalispell Zoning Ordinance to insure
adequate light and air is provided.
Growth Policy:
The Glacier Rail Park Plan Boundary is designated by the Kalispell Growth Policy Future Land
Use Map as "Industrial" (including the County properties) which anticipates the I-2 zoning district.
The I-2 zoning district is consistent with the industrial designation in the growth policy.
FIGURE 2: Zoning/ Growth Policy Map
5 1 P a g e
VI.
VII.
VIII.
City of Kalispell Demographics:
Population (2014 estimate)
21,518
Median Household Income:
$41,009
Personal Per Capita Income:
$22,557
Unemployment Rate Kalispell:
10.4%
Unemployment Rate Flathead County 2012:
8.6%
Persons below poverty level in Kalispell:
16.5%
Note: The project is located within the northwest region of Montana which is an Economically
Distressed Area.
Planning Completed:
Fall 2010-Spring 2015
1) US EPA Brownfields Phase I and Phase II Environmental Site Assessments and
Updates at Rail Park site (former gravel pit)
2) Flathead County 2012 Community Economic Development Strategies (CEDS)
adopted
3) Property acquisition using US EDA Economic Trade Adjustment grant funds
4) Rail Park Environmental Narrative accepted by US EDA
5) Glacier Rail Park Market Analysis
6) Rail Park Site (TEDD Boundary) Annexed and Zoned Industrial
7) Preliminary Plat of Rail Park Approved
8) Rail Park Categorical Exclusion Worksheet completed and reviewed by Federal
Railroad Administration
Participation:
The City of Kalispell and FCEDA have worked diligently to include public and private sector
stakeholder participation in the project. BNSF has played a pivotal role in the planning and
design of the proposed Rail Park. Watco provided engineering expertise to the design of the rail
and Rail Park Operations Plan. Both railroad companies have brought significant staff expertise,
time and effort toward executing the many steps required to properly plan and appropriately
design this project. Montana Department of Transportation has worked extensively with project
engineers to determine the best location and design for highway access and road improvements
for increased Rail Park traffic and fully recognize the benefits of this multi -modal transportation
improvement plan for northwest Montana.
6 1 P a g e
IX. Tax Increment Financing for Targeted Economic Development:
The City of Kalispell could create a TEDD on portions of the site within the Plan Boundary that
are within the city limits of Kalispell for the purpose of using tax increment financing as a
development tool. Tax Increment Financing is a procedure that allows municipalities to
"capture" the additional, or incremental, taxes from the district as it increases in value. There is
no increase in property taxes to owners, but all of the incremental ad valorem tax otherwise paid
to the various taxing entities is available for eligible development activities. In 2013, the
Montana Legislature amended the Montana Urban Renewal Law to enable local governments to
create special districts which could employ tax increment financing to assist in the development
and retention of secondary, value -adding industries. The legislation recognized that secondary
value -adding industries, in order to be viable, require public infrastructure that is beyond the
means of most local Montana governments. The Targeted Economic Development Act of 2013
enables local governments to develop the necessary public infrastructure in areas that are deemed
to be infrastructure deficient to assist in secondary, value adding industrial development. Tax
increment financing can be used for improvements defined in 7-15-4288 MCA.
Montana statute defines "secondary value -adding industry" as follows:
1. "Secondary value -adding industry" means an industrial process that engages in
mechanical or chemical transformation of materials or substances into new products in
the manner defined as manufacturing in the North American Industry Classification
System Manual prepared by the United States Office of Management and Budget and
engages in the:
a. Processing of raw materials, such as minerals, ore, oil, gas, coal, agriculture
products, and forestry products; or
b. Processing semi -finished products that are used by the industry as a raw material
in further manufacturing.
XI. Economic Benefits:
Northwest Montana needs improved rail access for freight movement to diversify and strengthen
the economy. This Glacier Rail Park allows Flathead County and Northwest Montana to truly
capitalize on a valuable asset: it's location on the Great Northern Corridor along the BNSF
Railway (BNSF) mainline connecting to national and international markets from the Great Lakes
to the Pacific Northwest. Creation of a rail -served industrial park is identified as an economic
development priority in the 2012 Flathead County Community Economic Development Strategy
(CEDS).
Private companies are considering establishing or expanding operations in the Rail Park to
access rail service. These new and growing businesses expected to locate in the Rail Park will
invest in new facilities and create new, well -paid jobs. Companies have expressed interest in
7 1 P a g e
locating in the park once infrastructure upgrades are complete include; value-added wood
product manufacturers, value-added agricultural and food product manufactures and steel
fabrication companies. It is anticipated that approximately 200 direct jobs will be retained or
created at full build out of the Glacier Rail Park.
It is further anticipated that the development of the infrastructure within the TEDD will catalyze
redevelopment of industrial land adjacent to the TEDD, which will benefit from the improved
infrastructure and increased visibility. These improvements and other economic development
tools such as a Targeted Economic Development District will incentivize additional developers
and manufacturers to invest in facilities on the adjacent 55 rail -served acres zoned for heavy
industry creating further economic growth in the community over the coming decade.
XII. Market Analysis:
KLG Engineering prepared a detailed industrial Rail Park market analysis for the project. The
Rail Park Market Analysis and Feasibility Study identified potential users of the new Rail Park
as the regions' traditional wood products industry, agricultural industry, and businesses shipping
machinery. It also forecast growth in shipment of electronics and pharmaceuticals into and out
of Montana over the next 30 years based on data from the Freight Analysis Framework (FAF).
Shipments of agriculture products, precision instruments, mixed freight, as well as primary and
fabricated metal products are potential areas of growth for transload operations in the Rail Park.
Non-metallic minerals (sand, gravel, cement, stone, and clay) and metallic ores comprise the
majority of exports from Montana to Canada. The Market Analysis indicates expected
enhancement of Canadian trade by attracting these types of industries.
The ultimate purpose of the Rail Park is to attract new business requiring rail access and foster
job growth. The Market Analysis and Feasibility Study for the Rail Park indicated the Rail Park
will connect businesses within a 100-mile radius of Kalispell to the Great Northern Corridor as
well as Canadian ports. Marketing of the Rail Park began in March 2015. Three out-of-state
businesses, three Montana businesses, and one Canadian business have contacted FCEDA for
Rail Park information. These companies are manufacturers of wood or metal value-added
products, agricultural value-added businesses or businesses shipping product to Canada.
Additionally, a number of businesses interested in transload services have contacted FCEDA for
information.
XIIL Enhanced Economic Competitiveness:
The current Kalispell rail served parcels are simply too small to attract new industrial rail users.
This project will create a larger and more viable and appropriate location for industry to access
rail connecting it to the Great Northern Corridor. Rail access, such as will be provided by this
8 1 P a g e
rail park is a valuable and currently underutilized resource that will create new opportunities for
businesses in this remote region.
XIV. Design:
Rail layout/engineering was conducted in collaboration with BNSF and Watco Companies/
Mission Mountain Rail (Watco/MMR). BNSF and Watco Companies (Watco) were
instrumental in designing the plan with multiple lots to serve rail users' needs in the Rail Park as
well as the Operations Plan for Glacier Rail Park. In 2014 the Rail Park (TEDD boundary) was
annexed by the City of Kalispell and the preliminary plat approved.
Engineering design for roads, water, waste water, stormwater and utilities for the Rail Park is
complete. The Montana Department of Transportation has approved the location of a signal on
US Hwy. 2 East. BNSF has accepted the preliminary rail layout and operations plan. The cost of
this engineering work was shared between FCEDA and the City of Kalispell.
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XV. Infrastructure Analysis — Statement Of Infrastructure Deficiency:
The City of Kalispell is one of the fastest growing cities in the state. Constructing infrastructure
is expensive and challenging for business. Although the potential for development within the
Rail Park is good, the lack of adequate infrastructure is a significant barrier that must be
addressed. As shown in the engineer's cost estimates shown below, infrastructure can be costly
and prohibitive in many instances. Through the preliminary design process a number of
infrastructure deficient conditions were identified as possible road blocks within the proposed
Glacier Rail Park TEDD:
1) Water System — The Glacier Rail Park Plan boundary either does not have water service,
or is served by private water wells. Fire suppression is not capable without adequate fire
flow being provided. Future site planning includes extending City of Kalispell water
service into the plan boundary in order to meet state and local guidelines for fire
suppression and general water needs.
Engineer's cost estimate for water infrastructure:
Water Infrastructure
12" PVC Water Main
8,600
LF
$ 65.00
$ 559,000
Valves and Fittings
I
LS
$ 78,000.00
$ 78,000
Fire Hydrant Assembly
17
EA
$ 6,000.00
$ 102,000
2" Service
4
EA
$ 1,000.00
$ 4,000
Rail road crossing (steel sleeve)
I
EA
$ 25,000.00
$ 25,000
Temporary service & 20 service
I
EA
$ 60,000.00
$ 60,000
Pavement Surface Restoration
5,156
SY
$ 28.00
$ 144,356
Subtotal
$ 972,356
2) Sewer — State and local regulations limit the ability for septic systems onsite due to
proximity to the Stillwater River and past use as a gravel pit. Any potential industrial
development is impacted because development cannot occur without sewer service.
Currently, no sewer service is being provided; therefore, future site planning includes
extending City of Kalispell sewer service into the plan boundary. The City of Kalispell
wastewater plant has adequate capacity for the development of the properties within the
plan boundary.
Engineer's cost estimate for sewer infrastructure:
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Wastewaterinfrastructure
8" PVC Sevier Main
2,200
LF
$ 55.00
$ 121,000
4" PVC Forcemain
2,400
LF
$ 25.00
$ 60,000
Basic Manhole
12
EA
$ 4,000.00
$ 48,000
Manhole Additional Depth
60
VF
$ 200.00
$ 12,000
Lift Station
1
LS
$ 300,000.00
$ 300,000
Sanitary Sewer Service
4
EA
$ 1,000.00
$ 4,000
Rail road crossing (steeL sleeve)
1
EA
$ 25,000.00
$ 25,000
Pavement Surface Restoration
0
SY
$ 24.00
$
sutytotall
$ 570,000
3) Roads - There is currently no internal road system within the plan boundary. An internal
road system needs to be constructed that can provide adequate emergency access to
proposed developments within the plan boundary. Additionally, the road system leading
into the plan boundary is not sufficient. Significant upgrades need to be done to the road
system connecting the development to U.S. 2. Upgrades include realignment of the
intersection at Flathead Drive and U.S. 2 and new signal.
Engineer's cost estimate for road infrastructure:
Road Improvements to E. Oregon, Flathead Dr It
Inside Rd
Removal of existing asphalt
11,200
SY
$ 3.50
$ 39,200
Gectextile
26,400
SY
$ 1.25
$ 33,000
Geognd
26,400
SY
$ 2.50
$ 66,000
Road Gravel Base Course (6") & Subbase (12")
11,496
CY
$ 25.00
$ 287,407
Sidewalk Gravel Base Course (4")
230
CY
$ 35.00
$ 8,037
Asphalt Pavement (4")
22,933
SY
$ 24.00
$ 550,400
Asphalt Concrete binder
299
ton
$ 650.00
$ 194,532
RR zing safety equipment (2 crossings)
2
EA
$ 400,000.00
$ 800,000
Signs (monument)
1
LS
$ 5,000.00
$ 5,000
Boulevard
2.00
AC
$ 2,500.00
$ 5,000
Curb and Gutter
7,270
LF
$ 32.00
$ 232,640
Sidewalk (T wide One Side of Road)
15,500
SF
$ 7.00
$ 108,500
Gravel interior road after grading
1,175
CY
$ 35.00
$ 41,136
Subtotal
$ 2,370,852
Flathead Drive Traffic Signal
Install Signal at Flathead Dr. and US 2
1
LS
$ 250,000.00
$ 250,000
Subtotall
$ 250,000
4) Stormwater - Stormwater storage and treatment devices are not provided for onsite. New
development must provide adequate stormwater retention and treatment facilities prior to
building permit issuance.
Engineer's cost estimate for stormwater infrastructure:
111 Page
Storm Water
48" Manhole
8
EA
$3,800.00
530,400.00
MY Manhole
4
EA
$6,800.00
527,200.00
72" Manhole
1
EA
$8,5w.00
$8,500.00
30" Curb Inlet
15
EA
$2,600.00
539,00().00
48" Curb Inlet
3
EA
$3,500.00
510,500.00
60" Curb Inlet
2
EA
$6,800.00
$13,600.00
72" Curb Inlet
1
EA
$8,5w.00
$8,500.00
12" RCP Irr. (CL. 5)
310
LF
$43.25
$13,401.36
18" RCP Irr. (CL. 3)
903
LF
$61.00
555,094.59
24' RCP Irr. (CL. 3)
995
LF
$106.50
$105,937.25
24" RCP Irr. (CL. 5)
114
LF
$110.00
$12,493.1
30" RCP Irr. (CL. 3)
702
LF
$126.25
$88,597.2
30" RCP Irr. (CL. 5)
223
LF
$135.00
$30,138.35
Pond Excavation
2,989
CY
$6.00
517,931.36
Pond Embankment
1,493
CY
$3.00
$4,477.53
Concrete Dig Out Excavation
3,309
CY
$10.00
$33,086.2
Filter Sand
476
CY
$30.00
$14,291.1
Riprap
133
CY
$85.00
511;290.55
Lagoon Site Seeding and Fertilizing
1.0
ACRE
$800.00
$815.3
Hydromulch
4,933
SY
$0.70
$3,452.95
Tackifier
4,933
SY
$0.251
$1,233.2
Subtotal
$ 529,940
5) Rail — Limited rail access is provided to the main rail line owned by BNSF. Additional
spur lines will need to be constructed within the Rail Park to provide access to the main
line.
Engineer's cost estimate for rail infrastructure:
Dnsite Rail Construction (from spur into the park including rail to nonCHS lots)
Geotextile
41,844
SY
$ 1.25
$ 52,305
Geognd
41,844
SY
$ 2.50
$ 104,610
Subballast
20,922
CY
$ 35.00
$ 732,270
Ballast, Ties Et Rail
8,069
TF
$ 175.00
$ 1,412,075
Ho. 9 Turnout
13
EA
$ 60,000.00
$ 790,000
Retaining wall
I
LS
$ 50,000.00
$ 50,000
Subrtota(I
$ 3,131,260
6) Utilities — Telephone, natural gas, lighting, internet and electric services are not readily
accessible within the plan boundary. These services will need to be installed for new
businesses choosing to operate within the Rail Park TEDD.
Engineer's cost estimate for utilities:
Misc. Utilities
Lighting, telephone, Ix fiber
I
LS
$ 100,000.00
$ 100,000
Power & Electrical
I
LS
$ 110,000.00
$ 110,000
Hatural Gas
I
LS
$ 100,000.00
$ 100,000
Subtotal
$ 310,000
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7) General — Additional infrastructure and public service deficiencies will be identified over
time. For example, grading, demolition, traffic control, security fencing, etc.
Engineer's cost for some "general" infrastructure:
Grading
Demolition
1
L5
$ 75,000.00
$ 75,000
Hydroseed slopes & slope stabilization
8.0
AC
$ 25,000.00
$ 200,000
Cut and onsite Fill
164,229
CY
$ 4.50
$ 739,031
Cut and Waste Fill Offsite
192,713
CY
$ 12.00
$ 2,312,556
Sub,totatl
3,326,587
XVI. Environmental:
The project will NOT negatively impact the natural, social or economic environment. Phase I
and Phase II assessments were conducted in 2011 on the Glacier Rail Park site. The project falls
under the purview of the FRA as it is primarily a rail project. As such, the FRA has already
reviewed and commented on the NEPA document. Environmental studies and other documents
demonstrate no negative environmental impacts and therefore no mitigation needed. Properties
outside of the proposed TEDD district, but within the proposed Glacier Park Plan Boundary, will
obtain the appropriate environmental documentation prior to infrastructure being extended to the
property.
XVIL TEDD Program Criteria:
The City of Kalispell could use tax increment financing in conjunction with other funding
mechanisms to support the development of secondary value -adding industry within the Glacier
Rail Park TEDD. Infrastructure projects selected for funding will be required to meet certain
criteria, based on the goals of this plan. Suggested eligibility criteria for reviewing both publicly
and privately initiated requests for infrastructure improvements might include the following:
1) The project must be located within the authorized TEDD.
2) Additional specific criteria which will be used to evaluate applications for assistance will
include but are not limited to:
a) Job creation — Developments will be evaluated based upon the number of jobs
created. Advantage will be given to developments where the wages and benefits for
jobs meets or exceeds the current average County wage.
b) Taxable valuation — In most cases, developers who contribute more to the
community's tax base will be eligible for greater assistance.
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c) Value -adding — Developers must be engaged in secondary industries, defined as those
industries that use a process to transform materials or substances into new products.
d) Leverage ratios — Tax increment funds will be used to construct infrastructure in
support of secondary value -adding economic development. Those investments of tax
increment financing which result in larger infusion of private or other public capital
will generally be viewed more favorable, compared to those which result in smaller
infusion of private or other public capital.
XVIII. Management:
The City of Kalispell TEDD program would be managed by the City of Kalispell Urban Renewal
Agency advisory to City Council. Additionally, the City of Kalispell's Community Development
and Finance Departments have the capacity to manage the Glacier Rail Park TEDD. The City of
Kalispell currently has four TIF Districts located within its boundary and is well versed in the
state regulations pertaining to management of TIF's.
XIX. Amendments:
The plan provides the ability for the tax increment finance district (TIFD), of which a TEDD is a
subset, to be extended into adjacent properties within the Flathead County. If the boundaries of
the TEDD are amended to include new properties, the provisions of Title 7, chapter 15, parts 42
and 43, MCA, shall submit the information described in ARM 42.19.1410 to the department
manner described in ARM 42.19.1402.
Property that is removed from a TEDD as a result of an amendment or change shall be
considered newly taxable property pursuant to 15-10-420, MCA.
XX. Proposed Findings of Fact:
In the event that the Kalispell City Council determines that it wishes to create a TEDD to overlay
the Glacier Rail Park, it must first pass a resolution of necessity setting forth its findings that
certain facts exist to support the creation of such a tax increment district. Based upon the
evidence presented in this report the following findings would be appropriate:
a. The document entitled the "Glacier Rail Park Development Plan" is hereby adopted by
the City of Kalispell as its comprehensive development plan as such plan identifies the
use and purpose for which a Targeted Economic Development District [TEDD] may be
created for this land area; and;
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b. The property upon which the Glacier Rail Park will be developed is deficient in the
infrastructure necessary to encourage and retain value -adding industry within the rail
park; and
c. The property upon which the Glacier Rail Park will be developed has been designated to
be within an Economically Distressed Area in part due to a decline in the traditional
industries of timber, mining and aluminum production; and
d. The property upon which the Glacier Rail Park will be developed is annexed within the
City of Kalispell, is zoned for purposes consistent with the Glacier Rail Park
Development Plan and said zoning is consistent with the City of Kalispell Growth Policy;
and
e. The property upon which the Glacier Rail Park will be developed consists of a continuous
area with an accurately described boundary and is not included within an existing tax
increment financing district; and
f. The Glacier Rail Park Development Plan is specifically of the size and design to host a
diversified base of multiple independent tenants; and
g. The property upon which the Glacier Rail Park will be developed meets the state
statutory criteria for the creation of a TEDD.
XXI. Conclusion:
Taken as a whole, the Glacier Rail Park is transformative. Investment in this project transforms
an old gravel pit into an active industrial rail park creating a long term boon to the local
economy. The Glacier Rail Park will transform acres and decades of disinvestment and decay
into a robust and vibrant economic hub. Even with the infusion of funds from the TIGER grant,
such funds must be properly focused and leveraged with such economic development tools as a
TEDD to bring the project of the Glacier Rail Park to a successful completion.
151 Page