2007-05-11 Executed Pond Construction Agreement polvn c�NTRucTION
AGREEMENT BETWEEN CITY OF ALBERTVILLE
AND INDEPENDENT SCHOOL DISTRICT 885
THIS AGREEMENT, entered into this�day of/� , 2007 by
and between the City of Albertville, County of Wright, State of M' esota referred
to herein as "Albertville" and Independent School District 885, hereinafter referred
to as "ISD 885";
WITNESSETH:
WHEREAS, Alberiville is considering undertaking a storm water ponding
project pursuant to Minn. Stat. § 429 to alleviate drainage problems in the Albertville
Villas subdivisions; and
WHEREAS, ISD 885 has previously granted Albertville an option to
purchase an easement or fee interest in a parcel of land intended to be used for storm
water ponding; and
WHEREAS, ISD 885 has bid the grading portion of the construction of a
new high school on the property where the drainage project is being considered; and
WHEREAS, ISD 885 included Albertville's proposed pond in ISD 885's bid
plans and specifications; and
WHEREAS, Minnesota Statute 429.041, subd. 5 allows ISD 885 and
Albertville to work cooperatively on a project without requiring both entities to
request bids; and
WHEREAS, ISD 885 has previously agreed to work cooperatively with
Albertville and attempt to coordinate the pond construction with the construction of
ISD 885's new high school; and
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WHEREAS, the purpose of coordinating the projects was to enable
Albertville and ISD 885 to bid the excavation work for both projects in one bid, with
Albertville paying the portion of the bid to cover additional costs associated with the
stonn «-ater pond.
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set
forth, as follows:
1. Bidding: ISD 885 has included in i+s bid plans and specifications for its proposed
new high school an alternate bid which includes a requirement to build a storm
water drainage pond ("Pond") to the specifications shown in those plans and
specifications prepared by Bolton & Menk, Inc. and dated February 14, 2007, as
on file with Albertville's City Clerk. ISD 885 shall keep the alternate bid from
Frattalone for Albertville's Pond open for 90-days after the date ISD 885 opened
the bid.
2. Acceptance: Albertville shall inform ISD 885 in writing whether or not to
accept the Frattalone's alternate bid for the Pond within the following time
frames: 1) by May 25, 2007; or 2) if after May 25, 2007, Albertville shall inform
ISD 885 with sufficient time remaining for Frattalone to complete the Pond by
July 15, 2007. If Alberlville requests ISD 885 to accept the alternate bid, ISD
885 shall accept such bid. ISD 885 reserves the right to reject all bids for any
reason whatsoever.
3. Exercise of Option: In the event that Albertville requests ISD 885 to accept the
alternate bid, Albertville must also exercise the option to purchase an easement or
fee simple in the area where the Pond is to be located pursuant to the terms of that
certain option agreement between the parties recorded as document number
1010260 in the Wright County Recorder's Office, Wright County, Minnesota.
4. Payment:If the alternate bid is accepted, Albertville agrees to reimburse ISD
885 for all fees, costs and expenses charged by the contractor and incurred by
ISD 88� associated with the work performed to construct the Pond pursuant to
the alternate bid. Progress payments shall be made from Albertville to ISD 885
concurrent with and in the same amounts as pay requests from the contractor for
such Pond work are approved by ISD 885. All change orders related to the
alternate bid for the Pond must be approved by both ISD 885 and the City of
Albertville prior to their implementation.
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�,�
�. Payment of Additional ISD 885 Expenses. Albertville shall reimburse ISD 88�
for all reasonable expenses it incurs in reviewing Albertville Pond plans,
modifying its engineering plans and specifications to accorrunodate Albertville's
Pond, any additional engineering, inspection and staking costs related to the Pond
should it be constructed, and any additional costs it incurs as a result of including
the alternate Pond bid in its bid packet, and including additional Donlar
Construction fees arising as a result of the Pond construction and spreading of
excavated Pond soil (to be billed at $87.30 per hour for ponlar's superintendent;
Donlar shall separately track time devoted to the Pond portion of the project).
Albertville shall also reimburse ISD 885 for any soil testing required to construct
the Pond and any additional seeding or landscaping required around the Pond.
6. Inspection of Ponding. In the event the pond is constructed, ISD 885 shall have
its engineer inspect the Pond construction as necessary. However, Albertville's
engineer shall have the right to inspect the construction of said Pond as he deems
necessary, shall provide staking for the Pond, and shall determine whether the
Pond is constructed according to the plans and specifications (at Albertville's
expense}. In the event Albertville's engineer believes that the Pond is not being
constructed according to the plans and specifications referred to herein, ISD
885's engineer and Albertville's engineer shall meet to discuss the issue and shall
jointly determine whether the construction is in accordance with said plans and
specifications, and if it is not in accordance, both engineers shall jointly work
with the contractor, and as necessary, with ISD 885 and Albertville to resolve the
issue to the satisfaction of ISD 885 and Albertville.
7. Site Coordination. AlberlVille shall cooperate with ISD 885, ARY Architects
and Donlar Construction (as construction manager for the high school project) in
the construction of the Pond.
8. Indemnification. Albertville agrees to indemnify, defend and hold harmless
ISD 885, its officers, Board Members, employees and agents, from and
against any liability, loss, cost or expense, including reasonable engineering
and attorneys' fees and expenses, arising from or relating to the construction of
the Pond.
9. Integration Clause, Modification by Written Agreement Only. This
Agreement represents the full and complete understanding of the parties and none
of the parties is relying on any prior agreement or statement(s), whether oral or
written, with the exception of that agreement between the parties recorded as
document number 1010260 in the Wright County Recorder's Office, Wright
County, Minnesota. In the event of a conflict between the terms of this
Agreement and those in document number 1010260, the terms of this Agreement
shall control, and to the extent possible, the parties intend for this Agreement and
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document number 1010260 to be read to�ether in a consistent manner.
Modification of this Agree�ment may occur only if in writing and signed by a duly
authorized agent of all parties.
10. Severability. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of
this Contract
11.Notification Information. Any notices to the parties herein shall be in«�riting,
delivered by hand (to the City Clerk for Albertville) or registered mail addressed
as follows to the following parties:-
City of Albertville
c/o City Clerk
P.O. Box 9
Albertville, MN 55301
Telephone: (763) 497-3384
Independent School District 885
c/o Superintendent
St. Michael-Albertville Senior High School
11343 SOth St. NE
Albertville, MN 55301
Telephone: (763) 497-2192
12.Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
13.Jointly Drafted Agreement. For purposes of interpreting this Agreement, both
parties shall be deemed to have jointly drafted this Agreement.
CITY OF ALBERTVILLE,
By �ow—%���o�
Its Mayor
BY�� 1 � I ���X�`�-ti,
4
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Bridget Miller, Its Clerk
INDEPENDENT SCHOOL DISTRICT 885
�, ��
By 7 ��:ti; r�� �����
Its: Superintendent ��
STATE OF l�iINNESOT� j �
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ���'
day of _ yYlu,c, , 2007, by Ron Klecker as Mayor of the City of
Albertville, a Mi esota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
��"i��J�l *�!��'�1E.�3�7�����,rk����
��,." `, c i: ' OU±,"�-k LANMES �, �� 'lFa—�
� � �.)��v?'(FU�LIG•D�INNESOTA
� -. ,,�,; Notary Public
R , y Q,nim �,o JHn 31 2QA9�
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ((��
day of ►'n cc,v� , 2007, by Bridget Miller, as Clerk of the Ciry of
Albertville, a Minnesota municipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
;�'a:•��:..r+.-rn,--,a9���it�n�'x a�:u'�� _
�Z. ��-<,G
��`°'� T�r�,� �.��isE i�'r�t�E�. Nota Public
���te� NO`,�;'(PUBUC•�91�:NESOTA �
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
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�
The faregoing instrument ��as acknov��ledged b ore me this �,S
dati� of , 2007, by �
of Independent School istrict 885.
ota � blic
ROSEANN LEKATZ
DRAFTED BY: - Notary Publlc
� " � ' State of Mtnnesota
Couri, MacArthur & Ruppe PLLP � '•� MY���y�y�j,��0 p0 eS
P.O. Box 369 - `
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
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C��Td��q ,!�lA���ld.!/Ll.11! (k.
RUPPE, P.L.L.P.
Michne!C Couri� .4ttoYnevs ar Law Kristen H. Carr
Andrew J. �tilacArthur 'os C��zrrul�1ve��te East Kyle R. Hartnett
Robert T. Ruppe�• PO Box 369
St. Michael, MN 55376-0369
•,�i.r�u��,�.,«r r,�urr,���r.�� (763) 497-I930
"`"`Alsa lice��sed in California �763�497-2599�Ff�r�
courimacarthur(u�earthlink.net
May 16, 2007
Mr. Larrv Kruse
Albertville City Adrriinistrator
Ai�P�-±��i1Je Citv Hall
P.O. Box 9
Albertville, MN 55301
Re: City of Albertville; Albert Villas Flooding Problem.
Dear Larry,
Please find enclosed for your records a fully-executed original of the Pond
Construction Agreement between the City and ISD 885. Please contact me with any
questions you may have. Thank you.
Sincere ,
���
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
L:��1os�ar�