2009-11-18 Petition to Complete Water Line Installation
GODFREY
~KAHNs.c.
ATTORNEYS AT LAW
780 NORTH WATER STREET
MILWAUKEE. WI 53202-3590
TEL 414-273-3500
FAX4I4-273-5I98
www.gklaw.com
November 18, 2009
City of Albertville
Attention: Mike Couri
5976 Main Avenue NE
Albertville, MN 55301
RE: Petition to Complete Water Line Installation - Towne Lakes, Albertville, MN
Dear Mike:
Enclosed please find three (3) originals of the Petition to Complete Water Line
Installation signed by M&I Marshall & Ilsley Bank. Please coordinate for the City to execute the
enclosed documents where indicated and return one original to my attention. If you have any
questions regarding the enclosed documents, please contact me.
Very truly yours,
GODFREY & KAHN, S.C.
~~~
Beth A. Jacobs
BAJ:cjl
Enclosures
4390185_1
OFFICES IN MILWAUKEE, MADISON, W AUKESHA, GREEN BAY AND APPLETON, WI; WASHINGTON, DC; AND SHANGHAI, PRC
GODFREY & KAHN IS A MEMBER OF TERRALEX@, A WORLDWIDE NETWORK OF INDEPENDENT LAW FIRMS.
PETITION TO COMPLETE
WATERLINE INSTALLATION
NOJ~
DATE: ~!L,2009
PROPERTY: Lots 1-44, Block 1; Lots 1-5, Block 2 and Outlot B ofthe Towne Lakes 6th
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 ofthe 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 ofthe 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 ofthe 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 ofthis petition and the terms contained herein
by signing in the space provided below.
:y~7HALL~
Nmne:~ .
Title: ..:S:-. 'f
The undersigned acknowledges receipt ofthis notice on
,2009.
ACCEPTED AND AGREED:
CITY OF ALBERTVILLE
By:
Name:
Title:
2
EXHIBIT A
ER,'hj~fai1l.riill!'izeditself\yithihe,1!lt\!re and,eif,tentofthe ConiractDocuments lilt .. .
Jistedin Document 00010 . TabJeof Contenti, '!lIii:! ~fi!iciIi~.~lfwith.tMDIItuJ"e!ll1d
the extent oftbeWoIk,Sito, l~it)'..andaul#(#idi#PnsJnd-LaWsand RcguIati~ i!Iat.. .
n in any manner mily atrei:;t cqst, pro~ ~or>mmjSh1lIg~ftlu: Work...n ........ .
(c) . BIDDER !1as~~~lx~i;~r#"~'dra~~~t;~~!i9rJMo;'~
. dr;t.~~fl'h~JcaJ con<llii<iM,w!1W~anlidentified intM ~~~Co~itiol1ll as
.... providedhlparasnlpb 4'()2 Qflhe Genc.nlCoDdltions,and ~ .tbed<<cimination set forth
" inSlIPPlementary.COhditionsSC-4.02A.l ancl4,()2.A.~ to'the eiaentofthetechnical data
COntained iDsuch ~ris and dra~ upon~~~~~?f~ ~.~tIed to rely' '.'
(d) BIDDER has obtained~d Cl!1'!l~Y$dl~ (<<assumes ~i1>iJiJ.y. for o~tl!Jningllnd
carefully'studying)a1ls~~ationS. investigations, explOi'i!ti~; tilstslllld.studies (in
additiop to or to supplement those referred to in (c) libove) which pertain to the subsurface or
C BoIlm &:Ment;Jnc;2009.An Ri&his.~..'
physical conditions at the site or otherwise may affect the cost, prosrlIlII, perfonnanco or
furnishing oftbe Work as BIDDER considers necesaBIY for the performance or tilmishing of
the Work at the Contract Price, within the Contract Time and in aecordance with the other
tllnns and conditions of the Contract Documents, including specific:ally the provisiona of
Paragraph 4.02 of the General Conditiona; and no additional examinations, investigationa,
explorations, tests, reports or similar information or data are or will be required by BIDDER
for such purposea.
(e) BIDDER bas reviewed and chocked all infonnation and data shown or indicated 011 the
ContnK:t ~ with respect to existing Undqround. Faeilitiea at or.!lOIItiguous to the
site and lISSUIIleS responsibility for the lCCurate location of said Underpound FaeiIities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground FaciHties are or will be required by BIDDER in otdel' to
perform and tilmish the Work at the Contract Price, within the Cauract Time iIIId in acc0r-
dance with the other terms and conditiona of the Contract Documents, inclvding specifically
the provisioos of pII'IgrBph 4.04 of the General Conditions.
(f) BIDDER bas correlated the resu1ts of aIlll1Ch obHrvadOlll, examinations, invastigations,
exp1oratioos, tests, reports and studies with the terms aDd conditions of the Contract
Documents.
(g) BIDDER bas given BNOINEER written notice of all conflicts, errors or discrepencies tbat it
has discovered in the Contnict Doc\lDl8Dts and the written resolution tbereofby BNGINBER
is acceptable to BIDDER.
(h) BIDDER certifies that this proposal is made and submitted without fraud or collusion with
any other firm or corporatiOll whatsoevar. This Bid Is puine and not made in the interest of
or on blIbalf of any undisclosed person, firm or corpondiOll and is DOt lubmitted in conformity
with any agnIIlIIIeIlt or ruIcs of any group, association, orpnization Dr' corporation; BIDDER
bas not directly or indirec:tIy induced or solic:ited any other Bidder to submit a fiIIse Dr' sham
Bid; BIDDER has not solieited or induced BI'1y person, firm or cozporation to RIfrain from
bidding; and BIDDER bas not sought by collusion to obtain for illelf BIlY advantage over any
other Bidder or over OWNER.
(i) The BIDDER acknowledges the right oftbe OWNER to reject any or all Bids, waive lID)'
irregularities or iofunnalities therein and award the Contncl to other than the lowest BIddar
it; in its discretion, the intm'ests 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 qUBl1tities ofwork shown on the BIDDING SCHEDULE are
approximate ooly and are subject to increase or decreue; that all quantities of Wodc, wbCllher
inaeased or dec:reased within the limits deacribod in Supplementary Condition sc- I I.03.C are to
be performed at the unit prices shown on the BIDDING SCHEDULE, iIIId that, at the time of
opening the Bids, tota1s only win be read, but that compIII'ison of Bids will be based on the COIftl:t
smnmation of item totals obcained from the unit prices bid.
(a) If the project is bid in sectioos, the Contractor must bid an sections. The sum of the
respective bids for 0lK:h section will be used to determine the total bid price.
(b) After the bids are opclIIIld and prior to award of the Contract, tho OWNER, at its disc:retion,
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 tho CONTRACTOR for the deleted
work, nor ahaIl any adjustment be I1lll&! to the unit prices bid due to the reduction of the scope
of the project or the reduced qlllllltities of work items. The OWNER sbaIl use the tota1
ll1DOUIlt bid for the entire project to determine the lowest biddcc.
(c) The award of the contract win be made to the lowest, responsible bidder, based 011 the
proposal with the lowest TOTAL PROJECT BID PRICE.
City of Albertville - R13.101489
10/112009 c Bolton &; MaIk, Inc. 2OO!l, All JUsbII RIsoned
PROPOSAL
PAGE 00410-2
2
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IrBIDDERis:
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SUBMfITED on
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Doing bllBineas .
Business Address
Phone No.:
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SUBMITI'ED on
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Business Address
Phone No.:
city of Albertville - R13.101489
10/112009 C Bolton '" MeoIc, IIlc. 2009, All RiIhls Ra<<wd
PROPOSAL
PAGE 00410-4
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TOVVNEi:LAKES TRUNK WATERMAIf.J ExTE~SION
. Crryq.f:~L.aERfVILLE,MINNESOTA .... ...
8M1 PROJECT NO.R13.101489
2(109TRUNKWATERMAlN EXl'ENSION-
PROPosAl..
4306200_3
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