2009-11-09 Petition to Complete Water Line InstallationPETITION TO COMPLETE
WATER LINE INSTALLATION
qL
Wawj 'tr
DATE: V44HM _, 2009
PROPERTY: Lots 1-44, Block 1; Lots 1-5, Block 2 and Outlot B of the Towne Lakes 61h
Addition, Albertville, Minnesota
OWNER: M&I Marshall & Ilsley Bank ("M&I")
OWNER'S REPRESENTATIVE: City of Albertville ("City")
City of Albertville:
Pursuant to the Agreement Relating to Cost of Utility Installation dated October 14,
2009, by and between M&I and City ("Agreement"), M&I has reviewed and approved the Plans
and proposals delivered by Adam Nafstad, City's Engineer. M&I hereby petitions City to
complete the Work on behalf of M&I. Further, M&I directs City to award the Work to
Northdale Construction Co., Inc. ("Northdale") pursuant to Northdale's proposal in the amount
of $53,333,56 (a copy of which is attached hereto as Exhibit A). City shall enter into a
construction agreement with Northdale for the completion of the Work consistent with the
Project Manual dated October 12, 2009.
Prior to Northdale's commencement of the Work on the Property, City shall deliver to
M&I: (a) a copy of the fully executed construction agreement between City and Northdale, as
revised to incorporate M&I's comments circulated by email to Mr. Nafstad and Mr. Couri on
October 21, 2009 and revised by Mr. Couri on October 27, 2009; (b) copies of the performance
and payment bonds identifying M&I as a beneficiary owner; and (c) copies of Northdale's
insurance certificate(s) as required by the Project Manual identifying M&I as an additional
insured.
In accordance with Section 5 of the Agreement, M&I acknowledges and agrees that it
shall be responsible for the cost of the Work (in accordance with the proposal from Northdale) to
include the cost of the Feasibility Study, reasonable engineering, administrative and attorney fees
in connection with the preparation of the Feasibility Study, the Plans and the Agreement
(collectively, the "Project Expenses"). Pursuant to Section 6 of the Agreement, M&I
acknowledges and agrees that M&I shall reimburse City for the Project Expenses within thirty
(30) days of receipt of City's invoice and lien waivers consistent with the requirements of
paragraph 4 of the Addendum To Standard General Conditions of the proposed contract between
Northdale and the City.
As security for M&I's payment of the Project Expenses, M&I has delivered concurrently
with this Petition a letter from Alliance Bank authorizing City to draw on Alliance Bank's Letter
of Credit No. 6512-117 related to the Property to reimburse itself for the Cost of the Work to the
extent M&I wrongfully does not timely remit payment for the Project Expenses to City in
accordance with the terms and conditions outlined above. Notwithstanding the foregoing, City
shall provide M&I with at least ten (10) days' written notice prior to submitting a request to
Alliance Bank to draw upon Letter of Credit No. 6512-117 in the event M&I wrongfully
withholds payment for the Project Expenses. In the event M&I fails to reimburse the City and
the City is unable to be reimbursed from the Letter of Credit, the City may special assess all such
Project Expenses to the Property, including costs incurred in imposing the special assessment.
Capitalized terms not otherwise defined herein shall have the respective meanings
ascribed to them in the Agreement.
Please acknowledge receipt and acceptance of this petition and the terms contained herein
by signing in the space provided below.
M&I MARSHALL & BANK
By:
Name: CUr l r' j2nlr
Title: ,
The undersigned acknowledges receipt of this notice on
ACCEPTED AND AGREED:
CITY OF ALBERTVILLE
By:
Name: =CA &cw
Title: Wo- o (
2009.
2
10114:11-03M.11
a
f
DOCUMENT 00410 - PROPOSAL
for
Towne Lakes Trunk Watermain Improvements
City of Albertville
Albertville, MN
BID by K_)()t-+4 An A C _ (_chy{y ,tr i may, ('Z) �n E
<Name of Bidder>
TO: City of Albertville
i
s
Albertville, MN
1. The undersigned BIDDER; proposes and agrees, if this Bid is, accepted, to enter into an agreement .,
with OWNER in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract
Time indicated in this Bid and in accordance with the other terms and conditions' of the Contract
Documents.
2. BIDDER accepts all ofthe terms and conditions ofthe Advertisement or Invitation to Bid and
Instructions to Bidders, including without limitation those dealing with the disposition of Bid
security. This Bid will remain subject to acceptance for forty-five days after the day of Bid
opening.; BIDDER will sign and submit the Agreement with the Bonds and other documents
required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of
Award
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged):
ADDENDA
Date Number
(b) BIDDER has familiarized itself with the nature and extent of the Contract Documents as
listed in Document 00010 - Table of Contents, and has familiarized itself with the nature and
the extent ofthe Work, Site, locality, and all local conditions and Laws and Regulations that
in any manner may affect cost, progress, performance or furnishing ofthe Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions which are identified in the Supplementary Conditions as
provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth
in Supplementary Conditions SC-4.02.A.I and 4.02.A.2 to the extent of the technical data
contained in such reports and drawings upon which BIDDER is entitled to rely.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
City of Albertville - R13.101489 PROPOSAL
10/1/2009 0 Bohm & Menk, Inc: 2009, All RigMs Reurved PAGE 00410-1
physical conditions at the site or otherwise may affect the cost, progress, performance or
furnishing of the Work as BIDDER considers necessary for the performance or furnishing of
the Work at the Contract Price, within the Contract Time and in accordance with the other
terns and conditions of the Contract Documents, including specifically the provisions of
Paragraph 4.02 of the General Conditions; and no additional examinations, investigations,
explorations, tests, reports or similar information or data are or will be required by BIDDER
for such purposes.
(e) BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in accor-
dance with the other terms and conditions of the Contract Documents, including specifically
the provisions of paragraph 4.04 of the General Conditions.
(f) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it
has discovered in the Contract Documents and the written resolution thereofby ENGINEER
is acceptable to BIDDER
(h) BIDDER certifies that this proposal is made and submitted without fraud or collusion with
any other firm or corporation whatsoever, This Bid is genuine and not made in the interest of
or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity
with any agreement or rules of any group, association, organization or corporation; BIDDER
has not directly or indirectly induced or solicited any other Bidder to submit a false or sham
Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any
other Bidder or over OWNER-
(i) The BIDDER acknowledges the right of the OWNER to reject any or all Bids, waive any
irregularities or informalities therein and award the Contract to other than the lowest Bidder
if, in its discretion, the interests of the OWNER would be best served thereby.
4. The BIDDER will complete the Work for the prices shown in the BIDDING SCHEDULE.
BIDDER understands that the quantities of work shown on the BIDDING SCHEDULE are
approximate only and are subject to increase or decrease; that all quantities of Work, whether
increased or decreased within the limits described in Supplementary Condition SC-11.03.0 are to
be performed at the unit prices shown on the BIDDING SCHEDULE, and that, at the time of
opening the Bids, totals only will be read, but that comparison of Bids will be based on the correct
summation of item totals obtained from the unit prices bid.
(a) If the project is bid in sections, the Contractor must bid all sections. The sum of the
respective bids for each section will be used to determine the total bid price.
(b) After the bids are opened and prior to award of the Contract, the OWNER, at its discretion,
may revise the project scope to eliminate all or portions of the project to meet budget
constraints. In this event, no payment will be made to the CONTRACTOR for the deleted
work, nor shall any adjustment be made to the unit prices bid due to the reduction of the scope
of the project or the reduced quantities of work items. The OWNER shall use the total
amount bid for the entire project to determine the lowest bidder.
(c) The award of the contract will be made to the lowest, responsible bidder, based on the
proposal with the lowest TOTAL PROJECT BID PRICE.
City of Albertville - RI3.101489 PROPOSAL
10/I/2009 0 Bolton & Menk, Inc. 2009, All Rights Reserved PAGE 00410-2
(d) All bids shall include sales tax and all applicable taxes and fees.
5. The BIDDER agrees that the Work shall commence in accordance with the requirements of the
Contract Documents and shall be completed in accordance with Article 3 of the AGREEMENT
and the Specifications. The BIDDER accepts the provisions ofthe AGREEMENT as to Contract
Time and liquidated damages in the event of failure to complete the work on time.
6. The following documents are attached to and made a condition of this Bid:
(a) Required bid security in the form of a Certified Check or Bidder's Bond, being at least 5
percent of the amount bid, and made payable to the OWNER.
(b) Additional;information required to be included with the bid that is listed in the individual
technical sections of the Contract Documents.
7, The Contractor may use Document 00420 - BID BOND in submitting a bidder's bond.
8. Communications concerning this Bid shall be addressed to:
BIDDER: 00r+Vy4111G CO _TY1
ADDRESS:9I Ec) ys'�- a -I, r f �E
CITY & STATE:A%p a l t_.. _ m re s5 ;mil
TELEPHONE: Fad Z I aFZ y 8 6`�
FAX: �%� • �qq 7
CONTACT PERSON: h0r-T�t W • ik>�iC
E-MAIL ADDRESS:�pr+�tJGt1(?x-i4�cir+1P f4rtS3C�rv1
9. The terms used in this Bid, which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents, have the meanings assigned to them in the
General Conditions. '
City of Albertville - R13101489' PROPOSAL
10/1/2009 ® Bohm de Murk Inc. 2009, All Rights itescrved PAGE 00410-3
9-I
If BIDDER is:
An Individual SUBMITTED on 20_.
By (Seal)
cS•I
Doing business as
Business Address
Phone No.:
A Partnership SUBMITTED on 20_.
By (Seal)
(Fi- N—)
co—rp. )
Business Address
Phone No.:
City of Albertville - RI3.101489 PROPOSAL
10/12009 ® Bolton & Menk, Ito. 2009, All Rights Reserved PAGE 00410.4
4
A Corporation
SUBMITTED on Cr.'-ELTlC(
20QS
By k')QC ale
C , Et on rp 7TnrnC:
(Caportlion Neme7
-(sisie of inwipaetion)
By
Ae-bglt',
PSAek'
trove)
(Corporate Seal)J.10 Sea-'
Attest . -k?-, 4�r
Business Address q'1 b 0
"71 �?Cttdk
rnn,�b1
Phone No.: n 6?2 ' ua-s
A Joint Venture
SUBMITTED on
20_
By
(Add—,)
(si�euue>
By
(+—)
(Aadme)
(Each Joint Venture must sign. The manner of signing for each individual, partnership and corporation that is a
party to the joint venture should be in
the manner indicated above.)
****END OF SECTION""
City of Albertville - R13.101489
PROPOSAL
10l1/2009
® Bolton & Men, Inc. 2009, All Rights Reserved
PAGE 00410-5
5
BID FORM
TOWNE LAKES TRUNK WATERMAIN EXTENSION
CITY OF ALBERTVILLE, MINNESOTA
BMI PROJECT NO. R13.101489
BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices:
NOTE: BIDS shall include sales tax and all applicable taxes and fees.
BIDDER must fill in unit) prices in numerals, make extension for each item, and total.
CY (LV) = Cubic Yards, Loose Volume
CY (EV) =,Cubic Yards, Excavated Volume
CY (CV) = Cubic Yards, Compacted Volume (Measured in Place)
(P)=Planned Quantity Basis of Measurement
F ITGNI APPRnX_ UNIT
NO.
ITEM
QUANT.
UNIT
PKIGt
AMUUIM I
z_eK°
1
MOBILIZATION
1
LS
.Oa-=
2
EXPLORATORY EXCAVATION (1)(2)
4
HRS
t'aS Op
600,00
3
COMMON EXCAVATION (CV)(P)(3)
3,350
CY
1.47
L491 3"00
4
CONNECT TO EXISTING
2
EA
6$1 • -7I-/
IS; & LIE,
5
6" PVC WATERMAIN C900
33
LF
qc?t(Zy
6
8" PVC WATERMAIN, C900
93
LF
u,5a
t6a 4s �b
7
10" PVC WATERMAIN, C900
1,140
LF
O 3
as $ !y_ O
8
6" GATE VALVE & BOX
2
EA
99D.Oci
1?qy. le
9
10" GATE VALVE & BOX'
2
EA
1'76L.L/6
3S3 a.9 3
10
HYDRANT--WATEROUS PACER WB-67-250i 8' BURY
2
EA
aSi t a•ot1
561?"q.09_
11
WATERMAIN FITTINGS - EPDXY COATED (1)(2)
900
LB
6.16
"S57 yy, 0
.12
4' THICKNESS POLYSTYRENE INSULATION (1)(2)
4
SY
aa.as
g9• vo
13
SILT FENCE, PRE -ASSEMBLED (1)(2)
450
LF
1•b0
?�O•Ga
14
CONSTRUCT ROCK ENTRANCE
1
LS
650,1>0
bhp pp
15
SEED, FERTILIZER, AND TYPE 1 MULCH (1)(2)'
2
ACRE
60"a.Op
J20y.0y
TOTAL AMOUNT BID = a crb
(1) = NOT SUBJECT TO MN/DOT SPEC 1903. --- -
-
(2) = ESTIMATED QUANTITY ONLY, EXACT QUANTITY TO BE DETERMINED IN THE FIELD AS DIRECTED BY ENGINEER. _
-(3) = INCLUDES ALL EXCAVATING AND GRADING REQUIRED FOR MINIMUM COVER REQUIREMENTS --
(4) = INCLUDES SUPPORTING OF STORM SEWER CROSSING
(P) = PLANNED QUANTITY BASIS OF MEASUREMENT
CITY OF ALBERTVILLE
4306200_3
2009 TRUNK WATERMAIN EXTENSION.-
R13.101489 PROPOSAL
6