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Correspondence and Letters of CreditCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 TO: James H. Patrick, City Manager FROM: James C. Hansz, P.E., Director of Public W SUBJECT: Stillwater Bluffs Subdivision DATE: 4 January 2006 I researched the issue of construction verification raised by Councilman Herron during the discussion of Stillwater Bluffs Subdivision final plat. Shortly after Mark Crowley joined the PWD staff he assumed responsibility for this project and others. The Stillwater Bluffs subdivision was under construction but not complete. Mark met with the Stillwater Bluffs project engineer on the job and personally verified that construction was proceeding in accordance with City standards. The engineer's records were verified and Mark's personal observations and measurements of work in progress and materials in place confirmed that City standards were followed. In particular, the sidewalks were closely inspected to confirm their proper construction. As reported last night to Council, we are satisfied that these subdivision improvements meet City standards. Any future warranty related problems that may arise after construction will be addressed via the one-year warranty bond retained by the City for this purpose. Please forward this follow up information to Councilman Herron and the other members of the City Council who may be interested. memo0012006.doc September 1, 2006 James H. Patrick City Manager - City of Kalispell P.O. Box 1997 Kalispell MT 59901-1997 Sent Via Fax: 406.758.7758 Re: Stillwater Bluffs Subdivision Subdivision Improvements Schedule Dear Mr. Patrick: Pursuant to our meeting on August 30, 2006 concerning the above named development, I am forwarding a schedule from the developer for completion of the remaining improvements. Tease be advised that we have been hired to provide inspection and certification services for the improvements as they are constructed. We are not administrating the contracts with the subcontractors, so we have no control over their schedules. We will do everything we can, however, to help expedite this process. Sincerely, GINEERING, inc. obert.WW. S Enclosures Cc: Jim Hansz, Director, Public Works: 758.7831 Frank Castles, Public Works: 758.7831 Jeff Langan Project File # 1170.04 \\Soeserver\documents\Project Files\Langan, Jeff\Stillwater Bluffs\Inspection\Jim Patrick, September 1, 2006.doc SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com 09/05/2006 05:13 4067525005 PAGE 02/03 From: Langan, ;,, + ; t; • � �r Ir h ,` �f I i f i= • •; i slgil e-AWAYAHLAIRYME4' , /':f i f •: I t: ! is •I tf ! t •� f ! f • fi •r ! is • ,, I ': f '' • ,. '. +1 .- ,, .: i f ► f ii !! :f t i'. I i' ' !I t4 7` f ♦ • • f 1: f : • ♦ ♦ rl f 1 t. i • � i i • a: f t ', I f r • if Y + ♦ r • sr i f t i t' i • ► t r r # i 09/05/2006 05:13 4067525005 PAGE 03/03 6. The water system corrections f r • excepting two new taps and the abandonment of three taps. We have arranged with Evergreen Water to complete this work on 9-5 and 9-6, as they must actually do the new taps and inspect thq shut offs of a # # • s with Flathead Valley Concrete,original sidewalkscontractor who installed the sidewalks, to pull out the f'replacementof 9-5 • they 09/05/2006 07:19 4067551310 SCHWARZ PAGE 01/04 SCHWAR -' ► PC H 1 TECTU R E& ENGINEERING &t;t? FINANCIAL DRIVE 5VIT E � 120, K.ALUVEI. " MT 5 r9�`C}3 TEL 4C6.75513-53 mwixfrmm,com FAX 406.7551310 Fax Memorandum Date: September 5, 2006 Pages (including corner): 4 To: James Patrick, Kalispell City Manager From: Bob Stauffer Receiving Fax: 406.758-7758 Re: Stillwater Bluffs Subdivision Cc: Jim Hansz: 758.7831 Frank Castles: 768.7831 Project File ❑ Urgent Q For Review ❑ Please Comment D Please Reply ❑ Please Recycle Hard Copy to Follow Via USPS. Note: If you receive this fox in error, please return to (406) 755-1310 �\sacs,vGt�axuh,en�a�ra,,,s�rror�sdord rmc Mcmc snEd= 08/23/2006 08:52 4067551310 SCHWARZ PAGE 01 16=SCHWARZ ARCH ITECTURF & ENGINEERING 100 A NANCIAL DPJVE. SUITE 01220, KAU5PELL MT 59901 TEL 406755:1333 aw+ w-vJmrnr-com FAX 406-755.1310 Fax Memorandum Date: pj / ?-3�(0 Pages ('mcluding cover):] From:��il"'' Receiving Fax: 7rj 2,- 77 !�76 7l:�-b - -7-771 Cc: File i I 0 Urgers 0 For Review Q Please Comment D Pimse Reply ❑ Please Recycle Note: If you receive this fax in error, please return to (406) 755-1310 t� Fa "mo sA.ax wiz 08/23/2006 08:52 4067551310 SCHWARZ PAGE 02 ARCHITECTURE 50-iWARZ August 22, 2006 James H. Patrick City Manager - City of Kalispell P.O. Box 1997 Kalispell, MT 59901-1997 Re: Stillwater Bluffs Subdivision Subdivision Improvement Agreement Extension Dear Mr. Patrick: At the request of the owner of the above named development, we hereby request an extension of the Subdivision Improvement Agreement per the enclosed schedule. Sincerely, ING, Inc. Enclosures Cc: Project File # 1170.04 \\$ceservnr\documents\Proleci Hles\Joff Ipngon\S iMater 510s\ Arn Pa4kk,AUau3122.2OD6.doc m Z n Z m rM z n 5CHWARZ ARCHITECTURE AND ENGINEERING, INC. i r n r ate.. - V n i r rnn^i r.1 A—r. -7CC 1»> r•_.. dnG 7CC torn ....,��L... 08/23/2006 08:52 4067551310 SCHWARZ PAGE 03 Aug 17 06 03:28p 4065410408 4066410408 p•2 From: Mission NorthwestDe. r A • 6f: 0■ Completion of R Subdivision ■ spoke with Frank CasVeson a and agreed to provide M •icompletion improvementsandalsohe requested that you provide for 4 of ■ complete these items. Our irrevocable letter of credit is good through September1/6 so Frank agreed that it does not require 1, Q Q 5. Station.Lift # . and paid Glacier Precast to complete the lift stationand they expectto be the system by •- 006. We have contractedwith Nelson4 provide electrical interface for ♦'.as well to complete wiring for the street lights in the subdivision. They will also be finished by September1 1 0 We have contractedwith Steve KnollExcavating to ■ o final grade work an the site as well as to prep for the park improvements. The grading rcomplete complete the rest of r by r /1 addition, we have contracted with They Sprinkler and Landscape to complete the sprinklerand seed for the park and the disturbed areas. They will complete their work by Septemberi! As you ♦completed of the Engineering and Survey work necessary for the project. We are currently assessinghow many boulevardtrees safely plant and will be planting those in boulevards without waterThe system corrections ♦ ! 0, 25 06 09:04a 4065410408 4065410408 p.2 Mr. James Patrick, Chief Executive City of Kalispell Fax 9406-758-7755 Dear Mr. Patrick I am a Member 1 Partner of Mission Northwest Development LLC which is the Corporation responsible for the improvements on Stillwater bluffs Subdivision in Kalispell. I wish to meet with you or speak with you on the phone with regard to these improvements. I understand that the City of Kalispell has requested liquidation of the Letter of Credit 4121405 which we used to guarantee the completion of the subdivision improvements. I apologize for the inconvenience that we have caused the City due to lack of communication on my engineer's part regarding the schedule of completion. After speaking with the City Attorney yesterday, I understand that numerous requests for that information have been made and the schedule of completion wasn't provided. e had numerous problems with our Contractor on this project and have had to complete a good deal of the work by hiring other contractors. I have a copy of a letter to Frank Castles from Mark Crowley regarding the improvements and apparently, the most pressing issue there is the Lift Station. The Lift Station is 80% complete and will be entirely complete by Tuesday, 9-5-06. In fact, we have already paid the contractor, Glacier PreCast, 90'% of the completion cost. The only item left is to set the generator, which is in their shop, run the wire to it and fence the site. Other items of concern have been completed or are scheduled to complete within the next week, the only one which will complete as late as 9-6-06 has to do with abandoning and installing new water taps which we have scheduled with .evergreen water on 9-5-05 but which may take two days to complete. The park and boulevards will be seeded on that same day as we need one of those water lines in order to sprinkle those. An updated schedule of completion, forwarded to Frank Castles is included here also. I am aware that going through the process of liquidating the bond and bidding final work is time consuming and we will be complete by the time that process could be completed in any event. I am hoping we can discuss any extension required in order for us to complete this work with as little additional effort on your part as necessary. Our Irrevocable Letter of Credit is good through 9-30-06 and again, we will be complete well in advance of that date. Again C am sorry for the inconvenience this has already caused you and I hope to hear from you soon. My ce)PPh—one is 406-529-3030 and I can be reached at any time there. M Aug 25 06 09:05a 4066410408 4066410408 pA To: Frank Castles CrowleyMark Department of Public Works,Kalispell mcrowley9kalispell.com From: Jeff Langan, • `` Mission• Development 406-529-3030 1 t R �' • r Re: Updated Completion of improvements at Stillwater Bluffs Subdivision appreciateI am sorry for failure to update you with regard to Stillwater Improvements. I had requested that Stauffer do so and he hadn't so I am forwarding this update to you directly. I will be updating you every few days and I would tu wouldcontact me directly regarding any don'tfuture issues. I ♦ • a appreciate you } 1' forwardthis tohim also • let me knowyou r to r • so, and give me his e-mail if possible. Station.I. Lift • • Glacier Precast to complete the lift station and they expect to be finished with the system by Septemberfl•. The station is abouti0A complete, pumps are installed and central control box is installed also. Nelson putting in the conduitfor interface Monday 8-28-06 and the exterior• t box will , set so that we can pour the slab for the generator by Wednesday 8-1 f• The gas line will •,,• in next weekalso and as soon as that happens, on • a ;f • previously c•r . misinformation on • for lightsthe street / ) r •is complete Northwesternand we are only waiting for the meter to be set by s be Aug 2 0 0g4 464100 465100 pa 3. The »+2< prep far the park, °©± *v:\ < putting green, and 1» westerly boulevard with no lots a¥:>:!©1 to it is being completed < o«:#l• on 1 2 * and « :.-- sprinkler« system and 2 ,>,,. for :hose same items ar. being installed on : ;; and f and we will seed 2the park and boulevards and »:k1+< ** the putting green on + < or f ¥. The grading is mostly complete n we will .+»mletet the rest of thesite work ¥<* including additional 2 ¥.»?:¥ sidewalks<* that these areas can . seeded by f ¥ also. > As you know, we have completed all of the Engineering v « ¥ Survey work ©--seer» fort:! project ©.y to meet with +<:\» and rec regarding the *7§-° boulevard trees in order to determine whichthey believe can be safely planted now and 1+ make an arrangement for th©:<« pant the others. ¥. We have completed >2 of the work on the «»:<, system was identified by Evergreen water and which we could complete ourselves without their § direct involvement.The rest, new taps and : abandoned taps, require»their«» involvement n we have them scheduled;* do that nose on * < and I think it 2 also ;7\ fEssentially, we need to dig these up but they need :, ctuall» do the system taps and shut offs. 7. With regard to warrantee work on thsidewalks,the contractor who « installed them scheduled :* replace those necessary beginning on * » and anticipate © will :v2. ©: * days to complete and backfill. Please let me know if you are >»_: * _»< §:gene 2that requires » -< attention and I'll get right # « horn < oc a k, > k /\ \ m % \ �. _ # 0 & > a i � e q\ƒ R00 \\\ 0 co S%$ �2m q &oq /\\ 77/O ®E� z \ � � o q CD p k \CD \ \ 0� 0 n m - za� j m r r � % S �] k O m ƒ_ \ f ® CD m / z > 9 K® \ -69 k _ �� k p \f MCD o k / ® \ > / \ = O Q \ O c $ \ > ( Cl) \ � n 2 \ k % CD \ z \ kc / k / / \ / � » / ] \ \ ( \ / - }- City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7730, Fax (406)758-7831 MEMORANDUM December 4, 2008 To: Deb Deist, Ci Treasure From: ro ons Manager Re: Stillwater Bluffs subdivision The developer has requested a return of the financial security for the referenced project. A recent examination of the referenced project was performed. Public Works City of Kalispell concurs that all of the items have been constructed and the Record Drawings have been received and accepted. Please return the existing security to Mr. Jeffrey Langan at the address below. Cc: without attachments Planning Department J. M. Langan; 1805-C Montana St.; Missoula, MT 59801 Deb Deist From: Chad Fincher [cfincher@kalispell.com] Sent: Tuesday, October 14, 2008 11:01 AM To: 'Mark Crowley (Public Works)'; Deb Deist Cc: jmideveloper@hotmail.com Subject: Stillwater Bluffs Bond Release...... We have been on site and checked the irrigation and trees at Stillwater Bluffs. We are in agreement to release the bond if Public Works does not have any more outstanding issues either. If you have any questions, feel free to contact us. Thank you. Chad fincber Parks Superintendent, APRP, CPSI Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 59903 (406) 758-7960 office (406) 758-7719 fax cfincher@kalispell.com From: JEFFREY LANGAN[mailto:jmldeveloper@hotmail.com] Sent: Friday, October 10, 2008 3:03 PM To: Chad Fincher Kai Parks & Rec Subject: Stillwater Bluffs Bond Release...... Hey Chad, Thanks for taking the time to meet with me on Moe's Run yesterday. Please request that the City release the remaining Bond in the amount of $10,000.00 to us per your final inspection. I appreciate your attention to this matter. Thanks, Jeffrey Member, Mission Northwest Development LLC Get more out of the Web. Learn 10 hidden secrets of Windows Live. Learn Now 0 D r V G ® 0 m n °0 xd a C O N N O N pi co z N a Q 7 O In T. o C(D CD m m "0 v a .� r m N. 2 [79 r cn O C O CD N Z r p ffi cn —1 co 0 M. co 0 0 0 0 0 N_ N O O cn W j N C?7 Cat Page 1 of 1 From: Mark Crowley [mcrowley@kalispell.com] Sent: Tuesday, January 29, 2008 11:00 AM To: 'Deb Deist' Cc: 'Chad Fincher' Subject: Stillwater Bluffs Deb, This email will confirm that the developer has satisfied the Public Works Dept. we concur with the Parks Dept's reduction of the outstanding security. Mark D. Crowley, CFM Construction Manager 1/29/2008 of KalisPC fl Parks and Recreation January 25, 2008 Jeffery Langan 1805-C Montana Street Missoula, MT 59801 Re: Stillwater Bluffs Dear Jeffery: 35 1 st Ave East — P 0 Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: clincher@kalispell.com This letter is to serve as notice to you that the above referenced subdivision will need a bond for the following work/warranty; 1. Irrigation system along Country Way South on the west side of the road. We can not verify that this system is complete. There is no irrigation timer or FEC meter for the power pedestal. We also can not verify there is a water connection or if water flows through the irrigation system because of weather. 2. There also needs to be a warranty for the trees that where planted last year. We did a few spot checks and found several trees were stressed with a lack of water. An inspection in early summer will reveal any associated problems with the trees. As a note: a technique that works well to water trees is to put a % hole in the base of a five gallon bucket and let it leach slowly through the top of the root ball. This should be done at least once a week when there is no precipitation. Using a hose tends not to permeate the soil, it causes a sheeting action that provides little benefit to the tree. I understand that the City has a bond that is to be released for this project pending our review. We, Kalispell Parks and Recreation Department, request that the City retains $10,000.00 (125%) out of the original bond for these outstanding landscape issues. ($5,100.00 for trees and $2,900.00 for irrigation = $8,000.00 X 125% = $10,000.00) If you have any questions or concerns, please give me a call. Sincerely, � r L' Chad Fincher Parks Superintendent cc: Mike Baker, Parks and Recreation Director Sean Conrad, Kalispell Planning Mark Crowley, Public Works Deb Deist, Finance Department F01/29/08 askme ACCOUNT MASTER INQUIRY gb610-±q Co#1 Nei: N� 7940-000-021412-000 DEPOSIT PAY/STILLWATER BLUFF S Fiscal Yr- 2008 Ac ct Typ e - L Normal BalCR JUL AUG SEP OCT JAB FEE MAY JUN ACTUALS -00 .00 ENCUMBRANCE .00 -00 :URRENT O. 11 BEG YR BALANCE: IONTHLY POSTING- ,CCOUNT BALANCE: STATISTICS: -00 _00 _00 .00 -00 -00 BUDGET BGT ADJ 0 -00 0 -00 YEAR-TO-DATE FISCAL YEAR 27,532-55 -00 _00 27,532_55 27,532-55 -00 .00 0 _00 0 -00 0 _00 History Totals Account DB-CR Open PO Notes VndInq VndTot jBgtItms A/P-Wrk PreEnc Print STATE .00 _00 -00 .00 -00 -00 �00 .00 -00 -00 .00 -00 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM December 5, 2006 To: Deb Deist, City Treasurer From: Frank Castles, P.E., Deputy Public Works RE: Stillwater Bluffs Subdivision Director/Assistant City Engineer The developer has requested a reduction of the amount of financial security to $27,532.55 for the referenced project. An examination of the referenced project was performed recently. Public Works concurs that the items remaining to be constructed are as they appear in EXHIBIT B (attached). Please retain monies from the -cashed financial instrument in the above amount of $27,532:55 Cc w/o attachments: Sean Conrad, Kalispell Planning Office Page 1 of 1 Deb Deist From: Frank Castles [fcastles@kalispell.com] Sent: Friday, December 01, 2006 1:48 PM To: Deb Deist Cc: Charlie Harball Subject: Stillwater Bluffs Bond Deb, We have the release of lien from Helena Sand and Gravel for the referenced project. Helena Sand and Gravel was the prime contractor on the City infrastructure construction. I have chatted with Charlie and the following should be done: Write a check to Glacier Precast Concrete, Inc. for $6,742.50 Write a check to Nelson Electric, Inc. for $7,150.00 ' Write a check to Mission Northwest Development, LLC, for $40,449.95. This should leave a balance in the Stillwater Bluffs Bond accound of $27,532.55 which is the amount of the EXHIBIT B of the Subdivison Improvement Agreement. Glacier Precast Concrete, Inc. and Nelson Electric, Inc., should issue a release of lien to the City as a condition of getting their check. Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer City of Kalispell Public Works Department Kalispell, Montana Phone: 406-758-7724 V 1 J 12/1/2006 n N H C7 z o x m H N � r r Ln o v D mrn rt P- £ Sv rt (D a m rn Z 1-A F ((D ko Ln ul (D r N- N N (D N 0 o m p o D { ,a D P co 1p m k Ln ( C o v ` n n � O C o o Z ur D o �P tD o O %D P Z U1 ko C:7 w r m U1 i■ ru ru .a O 03 ru O r O r w Ln 03 u-+ a I� Cl y m , r )r y SC L M r r e O o L w "C J r c� rn Q H m n m 0 H roxcn [" N •A Ln ID w \ > � j o 0m 0 0 8 m 9 . # _ i\ \\ CO \ `2 \ �4D93 § m ¥2% k 7 §¢/� 3-n k 2 $ s R ® $ m ( k r mFn CDm z / 2 0 p f 2 � \ e Q 0 00 k \ /\ \ j f� \ w \ _ Ul / \ 0 a \ f \ > \ ± 0 \ � \ } % O , \ ¥ G g \ ® ± z 2 / / E � o , P A a $ ( \ § C rn R� O K 2i O N F' to Ln rn z N O tj til (D C� cr h F'- n r# L v a r 00 0 r > 4 > z m --q m m 0 0 9 A -n ro 0 X Xc 00 a: > Cl) m CA) CA N) -4 it U) U) U) Ll gi Cl) Z -n m ti 0 0 x Cl) A;a o Zb Z5 E 0) z m 0 0 V) a 0 ;u r- m c 0 55 X m ;a S' s* 1? (? XE z 0 M 9 m z C) Oo w N3 C > Z CD o > 0 0 o z 0 C31 p CA 9 0 0 CONDITIONAL RECEIPT AND/OR WAIVER OF LIEN RIGHTS FROM: Nelson Electric, Inc. P.O. Box 1260 Bigfork, MT 59911 TO: City of Kalispell P.O. Box i I �' 17 Kalispell, MT 59903 Attn: Deb Deist PROJECT: Stillwater Bluffs, (Mission Northwest Dev. LLC) 1. Upon receipt of $ 7,150.00 , the undersigned does hereby waive, release and surrender any claim, lien or right of lien resulting from labor, skill, and/or materials, subcontract work, equipment or other work, rent services or supplies heretofore furnished in and for the construction, improvement, alteration or additions to the above described project prior to the date hereof. 2. This release is given for and in consideration of the total amount of $ 7,150.00 received from the City of Kalispell. 3. In further consideration of the payment made as set forth above, and to induce the City of Kalispell to make said payment, the undersigned agrees to defend and hold harmles: the City of Kalispell, the Owner or Lender, and/or the principal and surety from any claims hereinafter made by the undersigned and/or its material suppliers, subcontractors or employees, servants, agents or assigns of such persons against the project. 4. It is acknowledged that the designation of the above project constitutes an adequate description of the property and improvements for which the undersigned has received consideration for this release. 5. This instrument shall constitute a full, final and complete release of all rights and claims of the undersigned, for the work completed to date. Executed this 5th day of December 2006 By: STATE OF MONTANA COUNTY OF FLATHEAD Personally came before me this 5th day of December 2006, known to be such person and. officer, Barry V. Nelson, who executed the foregoing instrument and acknolwedged that he executed the same as such officer as the deed of such corporation, by its authority. .. Nota Public` X State of Montana is My Commission expires 5/23/2009 { a 4L P.O. BOX 1260 BIGFORK, MT 59911 Phone Number - (406) 837-5558 Fax Number - (406) 837-5536 Bill To City of Kalispell PO Box 1997 Kalispell, MT 59903 Attn: Frank Castles Ship To Stillwater Bluffs Lift Station Date Invoice # 10/30/2006 10839 P.O. No. Terms Project CONTRACT Due on receipt Stillwater Bluffs Qty Description Rate Amount COMPLETION OF BILLING AT STILLWATER BLUFFS LIFT STATION. 2,637.00 We now accept Visa and Mastercard for your convenience. ET:O'ta1 $2,637.00 P.O. BOX 1260 BIGFORK, MT 59911 Phone Number - (406) 837-5558 Fax Number - (406) 837-5536 City of Kalispell PO Box 1997 Kalispell, MT 59903 Attn: Frank Castles Stillwater Bluffs Lift Station Date Invoice # 10/6/2006 10752 P.O. No. Terms Project CONTRACT Due on receipt Stillwater Bluffs Qty Description Rate Amount PROGRESSIVE BILLING FOR LABOR AND MATERIAL THROUGH 9/29/06. 1,878.00 We now accept Visa and Mastercard for your convenience. ET::Otc1 1 $1,878.00 P.O. BOX 1260 BIGFORK, MT 59911 Phone Number - (406) 837-5558 Fax Number - (406) 837-5536 City of Kalispell PO Box 1997 Kalispell, MT 59903 Attn: Frank Castles Ship To Stillwater Bluffs Lift Station Date Invoice # 9/27/2006 10702 P.O. No. Terms Project Due on receipt Stillwater Bluffs Qty Description Rate Amount PROGRESSIVE BILLING FOR LABOR AND MATERIAL THROUGH 9/22/06. 2,342.00 IL We now accept Visa and Mastercard for your convenience. ET O'Ea 1 $2,342.00 LSON ELECTRIC, Inc. T.O. BOX 1260 BIGFORK, MT 59911 Phone Number - (406) 837-5558 Fax Number - (406) 837-5536 Bill To City of Kalispell PO Box 1997 Kalispell, MT 59903 Attn: Frank Castles Ship To Stillwater Bluffs Lift Station Invoice Date Invoice # 9/6/2006 10607 P.O. No. Terms Project CONTRACT Due on receipt Stillwater Bluffs Qty Description Rate Amount BILLING FOR ELECTRICAL PERMIT ONLY. 293.00 U � la; � J We now accept Visa and Mastercard for your convenience. Total $293.00 NJ-.'I,,SON 1`111--'CTRIC, Inc. 11.0BOX 1260 BIGFORK, MT 59911 L Date 11/13/2006 Amount Due Amount Enc. $7,150.00 Date Transaction Amount Balance 08/31/2006 Balance forward 0.00 Stillwater Bluffs- 09/06/2006 INV # 10607. Due 10/06/2006. 293.00 293.00 09/27/2006 INV # 10702. Due 10/27/2006. 2,342.00 2,635.00 10/06/2006 INV #10752. Due 11/05/2006. 1,878.00 4,513.00 10/30/2006 INV # 10839. Due 11/29/2006. 2,637.00 7,150.00 Frank, The attached are the invoices we mailed to Jeff Langan, only I have changed the address to be the City of Kalispell now. We called him numerous times at 406- 529-3030 and left messages regarding payment and he has not returned our calls, Tuesday, November 14, 2006 he finally returned my call and said he had never received the invoices., which is odd, as I have been billing him and sending statements since September 6, 2006 and never received any of them back. He told me to fax the invoices to 406-541-0408 and he would pay us immediately. I did do that, but have no idea what his intentions are. If you have any questions, please give me a call at 837-5558. Thanks, Marilyn CURRENT L.111% '"" DUE ' I-uu Lin 1 0 rr%Q 1 DUE V I -VU Lim 1 0 r /-%%0:) 1 DUE V C-UN au Ljr% 1 13 PAST DUE Amount Due 0.00 2,637.00 4,220.00 293,00 0.00 $7,150.00 o z 00 0 m --I m o > 1 m 8 0 m 0 ;C 0 X -n T 0 c XD (1) CAt Q!> k-7 Cl) 3: 0 CO) 0 c N m -q 0 0c in Z 10 0 < m .... .... ---- N > 0 0 O . . . . . . . . .. .. .. Glacier Precast Concrete, Inc. 2721 Highway 93 South Kalispell, MT 59901 406-752-7163 Bill To MISSION NORTHWEST DEVELOPMENT,LLC 2621 BROOKS STREET MISSOULA, MT 59801 Phone # 406-752-7163 Invoice Date Invoice # 11/13/2006 476322 Project Stillwater Bluffs Description Quantity Rate Amount BALANCE ON 1 3,742.50 3742.50 EQUIPMENT INSTALL & START 35000.00 000.00 UP Total $65742.50 Glacier Precast Concrete, Inc. 2721 Highway 93 South Kalispell, MT 59901 406-752-7163 To: MISSION NORTHWEST DEVELOPMENT,LLC 2621 BROOKS STREET MISSOULA, MT 59801 Amount Due Amount Enc. $6,742.50 Date Transaction Amount Balance 10/31 /2006 11/13/2006 Balance forward INV #476322. 6,742.50 0.00 6,742.50 DISC OF $ ONLY --IF ACCOUNT IS PAID IN FULL BY NOVEMBER 10TH. Amount Due $6,742.50 Glacier Precast Concrete Inc. 2721 Hwy. 93 South Kalispell, MT 59901 (406) 752-7163 FAX (406) 752-7167 LIEN WAIVER The undersigned person who performed labor upon or who furnished labor or materials to be used in the construction, alteration or repair of the improvements on the following described real estate: Mission Northwest Development, LLC/Jeff Langan City of Kalispell Public Works Department Each for himself/herself, and not one for the other, represents that the information set forth opposite his/her name is accurate, and in consideration of payment, receipt of which is acknowledged, waives and releases his/her right to file or claim a lien upon the above -described real estate under the laws of the State of Montana as to services, materials or labor furnished prior to the date set opposite his/her name, and agrees to indemnify and hold the above party(ies) harmless from any claims or losses they may incur by their reliance upon the undersigned's representations herein. Lien Claimant: Glacier Precast Concrete Address: 2721 Hwy 93 South Kalispell, MT 59901 Nature of Work/Materials: I I V)C,-+ .r- OU XS f o 1 %-Aa I 41--6Y 42, S O Invoice/Statement: Invoice/Statement: Invoice/Statement: Invoice/Statement: Invoice/Statement: Invoice/Statement: The Lien Claimant is hereby waiving the right to file a Construction Lien and the Lien Claimant has full knowledge of his/her rights and is voluntarily waiving those rights. Signature: Date: % ��C/ /&0 �aJ O-Ae-K4- 139/7Z) ARCHITECTURE November 15, 2006 SCHWARZ James H. Patrick City Manager - City of Kalispell P.O. Box 1997 Kalispell, MT 59901-1997 Re: Subdivision Improvement Agreement - Stillwater Bluffs Subdivision Dear Mr. Patrick: The Subdivision improvement Agreement for the above referenced development included completion of the lift station, street lights, site grading & seeding, street trees, parkland improvements, and remaining engineering inspection fees, The street lights, lift station, site grading & seeding and parkland improvements have been completed. The remaining items to be completed on the project include planting of the remaining boulevard trees, which will be done as the construction of buildings is completed, per Mike Baker's letter of October 17, 2005. Approximately 209/o of the required trees have been planted to date, In addition, the developer will chip seal the internal subdivision road in the spring of 2007, as was agreed upon in our meeting on August 30, 2006. A bid from an independent contractor to apply the chip seal is enclosed. The City currently holds a cash bond in the amount of $81,875.00. We are requesting that this amount be reduced to 125% of the cost of the remaining improvements. Enclosed is a new Subdivision Improvement Agreement which itemizes the remaining work. Please call me if you have any questions. Sincerely, Enclosures Cc: Frank Castles, Public Works Jim Hansz, Director of Public Works Mission Northwest Development, LLC Project File \\Skywolker\Project Files (Documents)\Langan, Jeff\Stillwater Nuffs\Inspection \Jim Patrick, November 14, 2006.kc.doc SCHWARZARCH ITECTUREAND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com ARCHITECTURE November 15, 2006 James H. Patrick City Manager - City of Kalispell P.O, Box 1997 Kalispell, MT 59901-1997 Re: Subdivision Improvement Agreement - Stillwater Bluffs Subdivision Dear Mr. Patrick: Z -71 Z SCHWARZ m m Z n The Subdivision improvement Agreement for the above referenced development included completion of the lift station, street lights, site grading & seeding, street trees, parkland improvements, and remaining engineering inspection fees, The street lights, lift station, site grading & seeding and parkland improvements have been completed. The remaining items to be completed on the project include planting of the remaining boulevard trees, which will be done as the construction of buildings is completed, per Mike Baker's letter of October 17, 2005. Approximately 20% of the required trees have been planted to date. In addition, the developer will chip seal the internal subdivision road in the spring of 2007, as was agreed upon in our meeting on August 30, 2006. A bid from an independent contractor to apply the chip seal is enclosed, The City currently holds a cash bond in the amount of $81,875.00, We are requesting that this amount be reduced to 125% of the cost of the remaining improvements. Enclosed is a new Subdivision Improvement Agreement which itemizes the remaining work. Please call me if you have any questions. Sincerely, C. Enclosures Cc: Frank Castles, Public Works Jim Hansz, Director of Public Works Mission Northwest Development, LLC Project File \\Skywalker\Project Files (Documents)\Langan, Jeff\Stillwater Buffs\ Inspection \Jim Patrick, November 14, 2006.kc.doc SCHWARZ ARCH ITECTU RE AN D ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com 010 NOV-1121- 10:35P FRUMIF M S (4O5CS92-7325 ■ I-'Aut d1 P.1 (406) 766-2189 Novembw 10, 2006 Name Mission N W 10ml nt Addme 2028 strand AY5 Missoula, MT 59801 Solutions, l m P.O. Sou 9290 - Kalit;pcl, NIT 59004 Chip Baal Kallspeil St4WIvlston (approMmata area 43,808 a9 n) v:----. - -------- We propose to Install & chip seal In accordance with the Following apecilkations, Furnish and spread CRAP at 0,90 gams per ware yard, furnish and piece 316' chlpg at 26 pounds per square yard. Sweep and pickup excess chips for diapasai off site. CONDITIONS; One MoliAzatlon. Payment within 30 days of Invoice. Roadway to be often and ready to clip prior to PS work starting, Traffic Control to 156 provided by &Amer. Prlaos 8 0,"4 rag ftforestIrmthd total of $14 026-04 Pl ass call If you ho" any questions, to- CC49 CttNe R.r�musson Rrojed Manager Pavernmt Ma ant S,oftttions, IttC, By siprarm this pra"al eustnmr la ptfca End Is" ks ®tared fthw4, tote b vdd Par 80 days trot» ahmm data AN and matmtfaln are lr#&LWOad to aomWdM aro W n eletat stave. { City of Kalispell Public Works Department = Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM November 30, 2006 To: Charlie Harball, City Attorney From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer RE: Stillwater Bluffs Seized Bond Attached are statements received from two suppliers of material and/or labor for the referenced project: Glacier Precast Concrete, Inc... Statement Dated 11/14/2006....... $6,742.50 Nelson Electric, Inc...................Statement Dated 11/13/2006....... $7,150.00 These amounts were approved by Jeff Langan of Mission Northwest Development, LLC, during a conference on November 29, 2006. In addition, attached is a request to reduce the bond amount and extend the Subdivision Improvement Agreement (SIA) construction completion date to July 30, 2007, for those items listed on EXHIBIT B of the SIA. Public Works recommends that payments be issued to Glacier Precast Concrete, Inc., and Nelson Electric, Inc., in the amounts listed above. Glacier Precast Concrete, Inc., and Nelson Electric, Inc., each should issue a waiver of all claims against the City for their and their subcontractor(s) work and material. Prior to reducing the amount of the seized bond as requested in the attached letter from Schwarz Engineering and Architecture, Inc., Public Works must have copies of all prior waivers of all claims against the Developer, Mission Northwest Development, LLC, for the City owned and maintained infrastructure. Cc w/o attachments: Deb Deist, City Treasurer Tom Jentz, Planning Director Glacier Precast Concrete, Inc. 2721 Highway 93 South Kalispell, MT 59901 Nelson Electric, Inc. P.O. Box 1260 Bigfork, MT 59911 Robert W. Stauffer Schwarz Architecture and Engineering, Inc. 100 Financial Drive, Suite 120 Kalispell, MT 59901 Jeff Langan Mission Northwest Development, LLC P.O. Box 1858 Missoula, MT 59806 City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 August 21, 2006 First National Bank of Montana P. O. Box 1996 Kalispell, Montana 59903-1996 Re: First National Bank of Montana Irrevocable Letter of Credit #121405 Dated: December 14, 2005 Subject: Stillwater Bluffs subdivision Attention: Wade E. Elder Dear Mr. Elder; Attached are copies of the following: First National Bank of Montana Irrevocable Letter of Credit #121405 Expiration Date: September 30, 2006 Mission Northwest Development, LLC has failed to make the necessary improvements to the subdivision in accordance with the Subdivision Improvements Agreement. The City hereby calls on the referenced Letter of Credit. In accordance with the City's agreement with the developer, we require that funds in the amount of $81,875.00 be deposited in the City bank account. These funds are required to cover the cost of completion of the electrical, water and sewer systems, as well as the lift station, bike path and other unspecified items. Sincerely, mes H. atrick, City Manager ity of Kalispell Cc: Mission Northwest Development, LLC; POB 1858; Missoula, Montana 59806 Schwarz Engineering Planning Department .�illl Florst National Bank of Montana P.O. Box 1996 -Kalispell, Montana 59903 ® (406) 755-9999 • Fax (406)755-1534 IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 121405 Dated: December 14, 2005 Expiration Date: September 30, 2006 Amount: $81,875.00 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $81,875.00 at the request of Mission Northwest Development, LLC. If Mission Northwest Development, LLC fails to complete the specified subdivision improvements in the Stillwater Bluffs Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. First National Bank of Montana, Inc. Wade E Elder CITY OF KALISPELL 09/01/06 11:21 AM CASH 1ST HAT BK/ RECEIPT NO:B147583 AMOUNT FMSM 1ST HAT BK/ 81,875.00 STILLWATER BLUFF SUB/SEIZED LTR CREDIT PAYMENT RECEIVED AMOUNT CK 165739 81,875.00 TOTAL 81,875.00 7'� iL�Z�7 C II �'11 DTI Ill�l �I: 1 Wre "111 Letter of Credit No. 121405 Dated: December 14, 2005 Expiration Date: September 30, 2006 Amount: $81,875.00 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $81,875.00 at the request of Mission Northwest Development, LLC. If Mission Northwest Development, LLC fails to complete the specified subdivision improvements in the Stillwater Bluffs Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. First National Bank of Montana, Inc. k Wade E Elder City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM January 4, 2006 To: City Treasurer From: Frank Castles, P.E., Assistant City Engineer RE: Stillwater Bluffs Subdivision Attached is a Irrevocable Letter of Credit in the amount of $39,129 for the maintenance bond for the city owned infrastructure within the referenced subdivision. The one year warranty period for the gravity sewer system, streets, and sidewalks, began on November 21, 2005, as evidenced by the certification from the engineer that the listed improvements were constructed in accordance with the approved plans and specification. Cc: Tom Jentz, Kalispell Planning Office First National Bank of Montana P.O. Box 1996 ®Kalispell, Montana 59903 ® (406) 755-9999 ® Fax (406)755-1534 IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 121420052 Dated: December 14, 2005 Expiration Date: December 14, 2006 Amount: $39,129.00 City of Kalispell PO Box 1997 Kalispell, MT 59903 RE: One Year Warranty Bond We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $39,129.00 at the request of Mission Northwest Development, LLC. If Mission Northwest Development, LLC fails to maintain the specified subdivision improvements in the Stillwater Bluffs Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. First National Bank of Montana, Inc. Wade E Elder ARCHITECTURE m n z SCHWARZ m m _71 Z n November 18, 2005 Frank Castles, P.E. City of Kalispell Public Works Department P.O. Box 1997 Kalispell, MT 59901-1997 Re: Stillwater Bluffs Subdivision Dear Frank: Pursuant to my conversation and project walk-through with Mark Crowley on November 3, 2005, we submit the following: • Updated Subdivision Improvement Agreement • One year Maintenance Bond in the amount of 10% of the improvements The street signs have been installed as requested. Please call me if you have any questions. Sincerely, Inc. Enclosures Cc: Project File # 1170.04 \\Saeserver\documents\Project Files\Heuscher, Larry\Stillwater Bluffs\Inspection\Frank Castles, November 18, 2005.doc SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com Stillwater Bluffs Maintenance Bond Total Contract Infrastructure Improvements - Water System Sanitary Sewer $ 81,340.00 Lift Station & Forcemain $ 70,000.00 Storm Sewer $ 22,750.00 Streetlights $ 29,400.00 Roadway - Interior Subdivision $ 67,500.00 Roadway - Country Way South $ 35,000.00 Curb & Gutter $ 28,800.00 Sidewalk $ 39,000.00 Street Trees & Street Signs $ 9,500.00 Bike Path $ 8,000.00 Total Estimated Project Costs $ 391,290.00 ARCHITECTURE November21, 2005 Frank Coshes, P.E. City of Kalispell Public Works Department P.O. Box 1997 Kalispell, MT 59901-1997 Re: Stillwater Bluffs Subdivision Clear Frank: We hereby certify that we have inspected the improvements to Stillwater Bluffs Subdivision. To the best of our knowledge and belief, we have found those improvements not included in the Subdivision Improvement Agreement to be in substantial conformance with the approved plans and specifications. A One Year Warranty Bond in the amount of 10% of the cost of the infrastructure improvements has been submitted_ Sincerely, SCHWAR7 ARCHITECTURE & ENGINEERING, Inc, Erik Garberg, P.E. Cc: Project File # 1 170.04 \V%c*ervar\documents\pr0)ec1 Fk--AHeuscher, Lary\Stillwate( 01uffs\Inspeo1)on\Cr..r11FlcatJon LL-11rr to Frank Casilr.:, November 21, 2,M,'9,doc SCHWARZARCHrrECTUREAND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755,1333 - Fax: 406.755,1310 - www.schwarzaexom