SIA dated 06/03/93JUNIPER BEND
SUBDIVISION PRO
PHASE I & PHASE II
The undersigned, as the developer of, Juniper Bend Development
No.l, a.k.a. Juniper Bend, a subdivision located in Kalispell,
Montana, does hereby undertake and agree to be bound to the City of
Kalispell, a political subdivision of the State of Montana, to
construct the improvements described herein in accordance with the
plans and specifications on file with the city, copies of which
have been furnished heretofore, and which are, by this reference,
incorporated herein.
Substantial completion of portions of the Phase I improvements, as
contained in the Subdivision Improvements Agreement dated April 8,
1993, has occurred as evidenced by the Engineer's Certificate of
Partial Completion, Exhibit 5, attached hereto. Remaining
improvements to be installed and included in the Phase I
Subdivision Improvements Agreement are hereby included within this
Agreement.
As used in this document, Phase I includes: Blocks 7 and 12; Phase
II includes: Blocks 9, 11, 13,-14 and 15, and the lots sited
thereon.
Phase II improvements will consist of water system and services,
basic sewer collection and services, and paving roadways to Phase
II as shown on the attached plat Exhibit 4. Portions of the
required Phase II improvements have been acceptably installed as
evidenced by the Engineers Certificate of Completion, Exhibit 5.
Remaining Phase I & Phase II improvements consist of:
A. Basic water system improvement;:,, testing , and
disinfection. The estimated cost of this work is $200.00.
B. Basic sewer system improvements, testing and lift station
improvements. The estimated cost of this work is
$44,487.00.
C. Roadway grading, subbase gravel and base course gravel to
each lot. The estimated cost of installation is
$10,605.00.
D. Paving of curb & gutter as construction continues so each
lot upon which a residential unit is placed will be
served by completed roadway when ready for occupancy.
The estimated cost of this improvement is $42,882.50.
The total estimated cost of the work remaining in Phase I and II
and included in this agreement is $98,174.50, its evidence by the
Certified Engineers Estimates, Exhibits 1 and 2.
Completion of Phase I & Phase II work is guaranteed by:
1) A Letter of Credit for Phase I & Phase II
$122,718.13.
The Certificate of Licensed Engineer, attached hereto as Exhibit 1,
is incorporated herein and Developer agrees to be bound by the cost
estimates set forth therein, Exhibit 2.
City of Kalispell will be afforded a reasonable opportunity to
inspect work before it is covered or concealed by other work as to
its agents and employees, request notice and opportunity to
inspect. In instances where the City requests an opportunity to
inspect particular items of work, or testing procedures for any
work, notice of the time when said work will be available for
inspection or when such testing will occur will be given to the
requesting official by telephone at least 24 hours in advance of
such time. It shall be the responsibility of the representative of
the City to be present at the noticed time or to waive the right to
inspect that work.
Juniper Bend shall provide for inspection of all required public
improvements by a registered professional engineer. Upon
completion of the inspection, the registered professional engineer
shall file with the City of Kalispell a statement certifying the
public improvements have been completed in accordance with the
approved plans or listing the defect in those improvements. The
City of Kalispell shall release Juniper Bend from the Subdivision
Improvements Agreement.
Should Juniper Bend fail
requirement for inspection
professional engineer, the
inspections completed and the
to meet the requirements of the
and certification by a registered
City of Kalispell shall have the
costs borne by Juniper Bend.
Juniper Bend Company does warrant to the City of Kalispell the
design, construction materials, and workmanship of the improvements
against any failure or defect in design, construction, material, or
workmanship which is discovered within one year of the date of
notification to the City of the substantial completion of such work
on. Obligations and responsibilities under this paragraph of the
undersigned shall commence with substantial completion of Phase I
and II, in total and not in part thereof. Substantial completion
shall be the date the work is acceptably completed, accepted by the
owner and accepted by the city.
The obligation of the undersigned under this warranty shall be
limited to the repair or replacement of the defective work or
material, plus the restoration of any area or improvement disturbed
during the course of such repair or replacement. Should Juniper
Bend Company fail to fulfill this warranty by a prompt repair or
replacement of defective work or material, the City of Kalispell
shall have the right to contract for such work to be performed at
N
the expense of Juniper Bend Company, and Juniper Bend Company
agrees to pay the cost thereof on demand.
Juniper Bend has obtained an irrevocable commitment for financing
as evidenced by the Glacier Bank letter attached hereto and
by this reference incorporated herein.
In the event that Juniper Bend Company does not complete the
improvements by the completion date for the various items of work
shown on Exhibit 3, attached hereto and by this reference
incorporated herein, plus any extension granted in writing by the
City of Kalispell, the City shall, on demand to the issuer of the
financing commitment, be paid the amount of the financing, less the
estimated cost for each item listed on the Engineer's Certificate
incorporated in the Improvement Agreement that has been completed
to the satisfaction of the City. The City shall utilize such funds
to complete the work that remains to be done and upon completion
shall return any surplus funds to the entity from whom received.
If the City of Kalispell determines that any improvements are not
constructed in compliance with the specifications, it shall furnish
the Subdivider with a list of specific deficiencies and may
withhold collateral sufficient to ensure proper completion. If the
City of Kalispell determines that the Subdivider will not construct
any or all improvements to required specifications, or within the
time limits, it may withdraw collateral and use these funds to
construct the improvements and correct any deficiencies to meet
specifications. Unused portions of these funds shall be returned
to the Subdivider or crediting institution.
This agreement, Subdivision Improvements Agreement Phase I and
Phase II, supersedes and replaces Subdivision Improvements
Agreement Phase I.
Dated this 300 day of
ATTEST:
, 1993.
JUNJ,PER BEND COMPANY
Dan Mitche 1, General Partner
3
n
Dated this 3 'l day of
ATTEST:
Secret ry, Assistant
, 1993.
City of Kalispell
Dougl Rauthe, Mayor
The undersigned, acting for Thomas, Dean & Hoskins, Inc., does
hereby certify that said firm is duly licensed to practice Civil
Engineering in the State of Montana and has performed such services
in connection with Juniper Bend Subdivision in Flathead County,
Montana.
The undersigned further certifies that the cost estimates
attached hereto and by this reference incorporated herein he has
prepared. The undersigned further represents that the estimates
are comparable to similar work completed in and by the City of
Kalispell.
Dated this day of
5
1993.
_ THOMAS, DEAN & HOSKINS, INC.
B Y
y a
MlHael W. Fraser 3826 E.
EXHIBIT 2
JUNIPER BEND
CONSTRUCTION ESTIMATES
PHASE I & II
SCHEDULE I
SANITARY SEWER
Estimated Unit
Item
Description
Quan/Unit Price
1.
Sewer Pipe
811 PVC DR35
Complete
2.
Sanitary Sewer
Manhole ( 48" x
41 deep)
Complete
Testing
Complete
3.
Extra Depth
Complete
4.
Wye Branch
Complete
41, PVC Service
Complete
5.
Lift Station Changes
Lump Sum
0 01 ".1
SCHEDULE II
WATER
1. Polyvinyl Chloride
Water Main
8" PVC DR18
Complete
6" PVC DR18
Complete
Testing
2. Fittings
Complete
3. Gate Valve Box
Complete
811
619
4. Fire Hydrant w/ Complete
Auxiliary Valve
5. Connect to Existing
Water Main Complete
M
Amount
44,487.00
44,487.00
200.00
Estimated Unit
Item Description Quan/Unit Price Amount
6. Water Service to
Right -of -Way 8 EA
TOTAL
SCHEDULE III
ROAD
CONSTRUCTION -GRADING AND
SUBGRADE
1.
Excavation & Subgrade
Preparation, Backslope
Shaping*
2.
Subgrade Course
Material 6" Lift**
Juniper Bend
2750
S.Y.
Grand View Lane
2300
S.Y.
SUBTOTAL
1.
Gravel Surface
6" Lift
Juniper Bend
2750
S.Y.
Grand View Lane
1850
S.Y.
2.
Asphaltic Cement
Grandview Lane 4"
480
S.Y.
Juniper Bend 4"
1300
S.Y.
Grand View Lane 2"
1350
S.Y.
3.
Curb and Gutter.
Juniper Bend
1000
S.Y.
Grandview Lane
300
S.Y.
SUBTOTAL
TOTAL
Complete
$ 200.00
Complete
2.10 5,775.00
2.10 4,830.00
$10,605.00
3.25 8,937.50
3.25 6,012.50
6.75 3,240.00
6.75 8,775.00
8.05 6,817.50
7.00 7,000.00
7.00 2,100.00
$ 42,882.50
$ 98,174.50
7
EXHIBIT 3
COMPLETION
JUNIPER x
II
Start Utility Construction
Complete Utility Construction
Complete Road Base Course
Complete Curb & Gutter
Complete Paving
Final Acceptance
June 10, 1993
August 15, 1993
August 15, 1993
August 15, 1993
September 15, 1993
October 8, 1993
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EXHIBIT 5
CERTIFICATE OF PARTIAL COMPLETION
JUNIPER BEND
PHASE I & PHASE II
I, Michael W. Fraser, a Registered Professional Engineer'in the
State of Montana, do hereby certify that the following listed
improvements have been completed in substantial conformance to the
approved plans and specifications. The quantities and unit prices
are accurate estimates of the cost of construction of the completed
improvements.
SCHEDULE I
SANITARY SEWER
Item Description
1. Sanitary Sewer
8" PVC DR35
2. Force Main
4" PVC DR18
3. Sanitary Sewer
Manhole
4. Extra Depth Manhole
5. Wye Branch
4" PVC Service
6. Connection to Existing
Main
SUBTOTAL PHASE I
PHASE II
1. Sanitary Sewer
8" PVC DR35
2. Force Main
3. Sanitary Sewer
Manhole
4. Extra Depth
Manhole
Estimated
Unit
Quan/Unit
Price
Amount
760 L.F.
9.00
6,840.00
338 L.F.
11.00
3,718.00
6 EA.
1042.00
6,252.00
72 L.F.
80.00
5,760.00
4 EA.
80.00
320.00
2 EA.
215.00
430.00
Lump Sum 500.00 500.00
$ 23,820.00
117 L.F. 9.00 1,053.00
Complete Phase I
Complete Phase I
Complete Phase I
m
Estimated
Unit
Item
Description
Quan/Unit
Price
Amount
5.
Wye Branch
10
EA.
80.00
800.00
411 PVC Service
10
EA.
215.00
2,150.00
6.
Connection to
Existing Main
Complete Phase I
SUBTOTAL PHASE II
$ 4,003.00
TOTAL SEWER
$ 27,823.00
SCHEDULE II
WATER MAINS
PHASE I
1.
Polyvinyl Chloride
Water Main
811 PVC DR18
64-L.F.
11.00
704.00
6" PVC DR18
340
L.F.
9.50
3,230.00
2.
Cast Iron Fittings
450
LBS.
2.00
900.00
3.
Gate Valves & Box
800
1
EA.
620.00
620.00
61,
2
EA.
535.00
1,070.00
4.
Fire Hydrant with
Auxiliary Valve
1
EA.
1,975.00
1,975.00
5.
Connection to
Existing Water Main
1
EA.
1,000.00
1,000.00
6.
Water Service to
Right -of -Way
4
EA.
371.00
1,484.00
SUBTOTAL PHASE I
$ 10,983.00
PHASE II
1.
Polyvinyl Chloride
Water Main
611 PVC DR18
82
L.F.
9.50
779.00
2.
Cast Iron Fittings
295
LBS.
2.00
590.00
3.
Gate Valves & Box
Complete - Phase
I
11
Estimated Unit
Item
Description
Quan/Unit Price
Amount
4.
Fire Hydrant with
Auxiliary Valve
Complete -
Phase I
5.
Connection to
Existing Main
Complete -
Phase I
6.
Water Service to
Right -of -Way
10 EA. 371.00
3,710.00
SUBTOTAL PHASE II
5,079.00
TOTAL
$ 16,062.00
SCHEDULE II
• • A r CONSTRUCTION - GRADINGAND SUBGRADE
1. Excavation & Subgrade
Preparation Backslope
and Shaping
10,942 L.Y. 2.70 29,543.40
TOTAL COMPLETED IMPROVEMENTS $ 29,543.40
11 i
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MICHAEL W. FRASER 3826E
HE
EXHIBIT 5
CERTIFICATE OF PARTIAL COMPLETION
JUNIPER BEND
PHASE I & PHASE II
I, Michael W. Fraser, a Registered Professional Engineer'in the
State of Montana, do hereby certify that the following listed
improvements have been completed in substantial conformance to the
approved plans and specifications. The quantities and unit prices
are accurate estimates of the cost of construction of the completed
improvements.
SCHEDULE I
SANITARY SEWER
Item Description
1. Sanitary Sewer
8" PVC DR35
2. Force Main
4" PVC DR18
3. Sanitary Sewer
Manhole
4. Extra Depth Manhole
5. Wye Branch
4" PVC Service
6. Connection to Existing
Main
SUBTOTAL PHASE I
PHASE II
1. Sanitary Sewer
8" PVC DR35
2. Force Main
3. Sanitary Sewer
Manhole
4. Extra Depth
Manhole
Estimated
Unit
Quan/Unit
Price
Amount
760 L.F.
9.00
6,840.00
338 L.F.
11.00
3,718.00
6 EA.
1042.00
6,252.00
72 L.F.
80.00
5,760.00
4 EA.
80.00
320.00
2 EA.
215.00
430.00
Lump Sum 500.00 500.00
$ 23,820.00
117 L.F. 9.00 1,053.00
Complete Phase I
Complete Phase I
Complete Phase I
m
Estimated
Unit
Item
Description
Quan/Unit
Price
Amount
5.
Wye Branch
10
EA.
80.00
800.00
411 PVC Service
10
EA.
215.00
2,150.00
6.
Connection to
Existing Main
Complete Phase I
SUBTOTAL PHASE II
$ 4,003.00
TOTAL SEWER
$ 27,823.00
SCHEDULE II
WATER MAINS
PHASE I
1.
Polyvinyl Chloride
Water Main
811 PVC DR18
64-L.F.
11.00
704.00
6" PVC DR18
340
L.F.
9.50
3,230.00
2.
Cast Iron Fittings
450
LBS.
2.00
900.00
3.
Gate Valves & Box
800
1
EA.
620.00
620.00
61,
2
EA.
535.00
1,070.00
4.
Fire Hydrant with
Auxiliary Valve
1
EA.
1,975.00
1,975.00
5.
Connection to
Existing Water Main
1
EA.
1,000.00
1,000.00
6.
Water Service to
Right -of -Way
4
EA.
371.00
1,484.00
SUBTOTAL PHASE I
$ 10,983.00
PHASE II
1.
Polyvinyl Chloride
Water Main
611 PVC DR18
82
L.F.
9.50
779.00
2.
Cast Iron Fittings
295
LBS.
2.00
590.00
3.
Gate Valves & Box
Complete - Phase
I
11
Estimated Unit
Item
Description
Quan/Unit Price
Amount
4.
Fire Hydrant with
Auxiliary Valve
Complete -
Phase I
5.
Connection to
Existing Main
Complete -
Phase I
6.
Water Service to
Right -of -Way
10 EA. 371.00
3,710.00
SUBTOTAL PHASE II
5,079.00
TOTAL
$ 16,062.00
SCHEDULE II
• • A r CONSTRUCTION - GRADINGAND SUBGRADE
1. Excavation & Subgrade
Preparation Backslope
and Shaping
10,942 L.Y. 2.70 29,543.40
TOTAL COMPLETED IMPROVEMENTS $ 29,543.40
11 i
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MICHAEL W. FRASER 3826E
HE