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ITEM 6.2 Valerius Meadows0 Otkzo MINNESOTA C- DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner May 9, 2016 PRESENTER(s): REVIEWED BY: ITEM #: Assistant City Engineer Larson City Administrator Johnson 6.2 AGENDA ITEM DETAILS RECOMMENDATION: City Staff recommends approval of expenditure in the amount of up to $3,125 to complete exploratory soils boring near the storm pond on Valerius Meadows property along 701h St. ARE YOU SEEKING APPROVAL OF A CONTRACT? Yes IS A PUBLIC HEARING REQUIRED? No BACKGROUND/JUSTIFICATION: In light of the issues regarding an outlet to the 70th St pond located on an easement within Valerius Meadows, City staff has looked at alternative options. Three options appear viable but two need further investigation before proceeding. Option 1 A new option not considered before is removing the clay barrier to the more pervious glacial till. This option would allow storm water to drain through a layer of gravel and into the glacial till, essentially an infiltration basin. This option requires soils boring to determine the depth to glacial till. During design of 70th street, soil borings were obtained to a depth of 16'. None of these encountered the sandy gravel of the glacial till. During CSAH 37 and roundabout design, soil borings were obtained to a depth of 25'. Sandy gravel was encountered at a depth varying from 15' to 25' deep. If the glacial till can be found close enough to the bottom of the pond and water table is not a limiting factor, a volume of clay can be removed and replaced with pit run creating an infiltration basin at a reasonable cost. Option 2 A second new option would be considered if the glacial till is found too deep as to cause option 1 to not be economically feasible. In this option, a 2' diameter casing would be connected to the infiltration drain tile which rings the pond. This would allow filtered water to enter the casing and flow down to the glacial till. This would require approval of the MPCA as it would be considered a CL V injection well, but being that the water is pre -filtered a permit might be approved. We have reviewed several private wells suppling potable water to nearby homes and all are in an aquifer well below the glacial till. The glacial till and this sandstone aquifer are separated by a clay layer and a confining rock layer. For both option 1 and option 2, no agreement with downstream property owners would be necessary. Any storm water ponding outside of the City pond would be the responsibility of the property owner. A quote from a Geotechnical firm has been obtained and is attached. The cost is $2,585 for a 30' deep soils boring and $18/1-F after that. A short report detailing soils types will be included. Therefore, worst case scenario, a 60' soils boring would cost $3,125. The Geotechnical firm will be instructed to bore until glacial till is encountered to a max of 60' deep. Due to the CSAH 37 soils borings, we are confident glacial till will be encountered prior to 60' depth. If either option 1 or 2 are deemed acceptable alternatives after the soils boring results are obtained, a cost estimate will be brought forth for the council to approve at a later meeting. Option 3 Option 3 is the option discussed at the last meeting. Basically, it is to replace existing draintile from the pond to a connection node in the field 1285' to the south and east. If lack of downstream tile maintenance is an issue, a restrictor plate could be installed at the inlet of the new draintile to restrict outflow to a point acceptable to downstream landowners until such time they improve the condition of the downstream tile system. A quote for cost of the work was secured from the contractor and is $19,734. SUPPORTING DOCUMENTS: X ATTACHED X NONE Soils Boring Quote from NTI • Agreement Between City of Otsego and Valerius Property owners • Plan Sheets of drain tile improvements • Quote from Contractor to complete work MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve expenditure of up to $3,125 to complete an exploratory soil boring near the storm pond located on Valerius Meadows property. Or Motion to approve an agreement between Valerius Meadows Trust and Merlin Valerius regarding the installation of an 8" drain tile. and Motion to approve expenditure of $19,734 of State Aid funds on the 70th St project to install approximately 1285' of 8" drain tile contingent upon executed agreement with Valerius Meadows Trust and Merlin Valerius. Rynr.FT INFORMATION FUNDING: BUDGETED X YES State Aid NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: NTI' NORTHERN TECHNOLOGIES, LLC April 28, 2016 Hakanson Anderson Attention: Mr. Ronald Wagner 3601 Thurston Avenue Anoka, Minnesota 55303 RonW@HAA-inc.com 6160 Carmen Avenue East Inver Grove Heights, N1N 55076 P:651.389.4191 F:651.389.4190 www.NTIgeo.com RE: Proposal for Geotechnical Services 70th Street Pond Evaluation Otsego, Minnesota NTI Proposal P6326 Unearthing confidence - We are pleased to submit our proposal to perform Geotechnical Services for the above referenced project. The purpose of this study is to collect representative soil samples, analyze the subsurface soil and groundwater conditions and to furnish a detailed geotechnical engineering report with appropriate design and construction recommendations for the project. The project consists of evaluating the soils adjacent to an existing Stormwater Infiltration Pond that is located at 70th Street in Otsego, Minnesota. It is our understanding that the existing pond may be redesigned to allow for increased infiltration. SCOPE OF WORK The following is our proposed work scope based on the request for proposal provided by Hakanson Anderson. NTI will mark the proposed probe location. We will make you aware of these field activities before proceeding to the site to allow you the option to notify any pertinent parties prior to NTI's field work. We understand that the time of our fieldwork, the adjacent existing pond will be drained. NTI will contact the Minnesota "One -Call" system for clearance of public utilities within the area of the soil probe. NTI assumes that a representative of the owner will locate any existing private utilities that may be on - site. If the owner is unwilling or unable to locate the private utilities, NTI can provide a private locator. The cost of the locator would be a reimbursable expense and is not included within the fee indicated below. The total fee associated with the private locate services is based upon an hourly unit rate but typically ranges from $200 to $300 for a project of this scale. NTI will then mobilize a truck mounted Geoprobe rig to the site to perform one (1) direct push probe advanced to a proposed depth of approximately 30 feet below the existing ground surface near the existing pond. Precision Expertise . Geotechnical • Materials FARGO BISMARCK GRAND FORKS MINOT - INVER GROVE HEIGHTS RAMSEY Proposal for Geotechnical Services 70`h Street Pond Evaluation Otsego, Minnesota The total lineal feet of drilling proposed at this time is approximately 30 feet. The probe may be terminated early if soil/bedrock conditions resulting in practical auger refusal are encountered prior to the proposed termination depth. If suitable infiltration soils are not encountered within the 30 foot deep probe, we will contact the client. If authorized, we will continue drilling to a reasonable depth when suitable soils are observed. This field exploration program will take approximately 1 day to complete. To assist in ascertaining an estimated seasonal high groundwater level we will install a temporary standpipe. A geotechnical engineer will visually classify field -collected samples in general accordance with ASTM D 2488. Each soil sample's color, relative moisture, and will be documented on soil probe log. NTI has assumed that there is reasonable access to the proposed borehole location. This would include slopes suitable for traversing with a Geoprobe drill rig, safe working distances from utilities, removal of site obstructions that prohibit access to the proposed borehole location, etc. In addition, drill rig access to the proposed probe location may result in cracking of on -site pavements or sidewalks and rutting of site soils. NTI will take reasonable precautions to prevent such damage but repair and final restoration shall be performed by others at no charge to NTI. We will measure for the presence of groundwater or lack thereof when we complete the soil probe. We will backfill the soil probe with soil cuttings or high solids bentonite grout to comply with current Minnesota Department of Health Regulations. We will perform laboratory tests on selected soil samples, this may include: 1. Plastic/liquid limit tests on cohesive soils. 2. Moisture tests. 3. Gradations. Upon completion of the field and laboratory work, a geotechnical engineering report will be prepared. The report will include the probe log, a Probe Location Diagram and the results of the field and laboratory tests. In addition, the report will include our engineering opinions and recommendations regarding: 1. Site preparation and excavation recommendations. 2. Anticipation and management of groundwater for design and construction. 3. Potential construction difficulties regarding excavation and backfill. 4. Stormwater infiltration rates based upon soil type correlation with the Minnesota Stormwater Manual. NTI's engineers are also available to provide geotechnical guidance to the design team, evaluate value engineered alternatives, review earthwork, groundwater control, and other civil plans and specifications as an additional service. NTI's engineers, special inspectors and technicians are available to provide construction and materials testing services once the project construction begins. This provides professional continuity of services throughout the design and construction of the project. Proposal for Geotechnical Services 70`h Street Pond Evaluation Otsego, Minnesota DELIVERABLES NTI will provide two (2) paper copies and a PDF of the final report to the client. COST We will perform the base geotechnical exploration and report described above for a fixed fee of $2,585. Reading the water level in the standpipe will be performed for an additional fee of $150 per site visit requested by the client. The first reading is included in the base price shown above. If additional drilling footage on a started probe is required to reach suitable native soils we will invoice at a rate of $18/foot. SCHEDULE Upon receiving authorization to proceed, the field work will typically begin in approximately 7 to 10 business days and will take approximately 1 day to complete. The report will be issued to you within 5 to 10 business days of completion of the field work. Probe logs and verbal information regarding our findings can be provided within 2 to 3 days after the field work has been completed. ACCEPTANCE Please indicate your acceptance of this proposal by signing on the signature block below and returning a copy to us. The attached General Terms & Conditions are an integral part of this proposal. This proposal is effective until June 30, 2016. We thank you for the opportunity of submitting this proposal and look forward to working with you through both the design and construction phase of this project. If you have any questions regarding this proposal please contact the undersigned at 763-433-9175. NORTHERN TECHNOLOGIES, LLC CITY OF OTSEGO Debra A. Schroeder, P.E. Project Geotechnical Engineer Ryan M. Benson, P.E. Regional Manager/Principal Engineer Attachments: General Terms & Conditions By: Printed Name: Title: Date: GENERAL TERMS & CONDITIONS 1.0 CONTRACT a. The foregoing Proposal and these General Terms and Conditions constitute the contract (hereinafter, "Contract") between Northern Technologies, LLC, (hereinafter, "NTI") and the party signing the Client Authorization (hereinafter, "Client") b. If Client directs NTI to proceed with Services (as defined below) prior to execution of this Contract, or if Client allows NTI to continue with Services after having received this Contract, it is understood that each party is bound by the terms and conditions of this Contract whether or not Client has signed this Contract. 2.0 SERVICES a. NTI will provide Client with the services specified in the Proposal (hereinafter, "Services" or "Scope of Services") in accordance with the Contract's terms. Services enumerated in writing in the Contract are considered Basic Services. Services not specifically enumerated in writing in the Contract are not included in the scope of NTI's Services and are not NTI's responsibility. b. Should the need arise for NTI to expand our services in response to conditions or events outside our control, NTI would, under Client's direction, submit a separate proposal providing such Additional Services. Additional Services are not included under Basic Services nor are theycovered bythe compensation for Basic Services. C. NTI will provide Services to Client as an independent contractor and not as the Client's employee, agent, partner, or joint venturer. d. NTI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site. If, while performing the Services any hazardous substances or conditions are discovered or encountered that pose unanticipated risks or costs, it is agreed that the scope of Services, time schedule and the estimated Contract costs shall be reconsidered and that this Contract may, at NTI's option, be re -negotiated or terminated. If the Contract is so terminated, Client shall pay NTI for the Services performed up to the date of termination plus NTI's reasonable termination and demobilization costs and expenses. e. If NTI's performance of the Services is delayed by Client or by any other circumstance beyond NTI's direct and reasonable control, then the time for NTI's completion of the Services shall be automatically extended based upon the duration and impact of each such delay and NTI shall be entitled to additional compensation from Client 3.0 GENERAL RESPONSIBILITIES a. NTI shall not be responsible for the performance of any activity or obligation other than the Services specified in the Contract, and NTI's performance shall not be construed as relieving Client or any third party of their responsibilities. NTI shall have no responsibility for, or any liability pertaining to: (1) the superintending, supervising, or directing of the work of any independent contractor, agent or employee of Client or any third party; or (2) the results or consequences of work performed by any such independent contractor, agent or employee of Client or any third party; or (3) any claims or allegations of rights by any person or party other than Client relating to NTI's Services; or (4) for job site safety at the location which is the subject of this Contract (hereinafter, "Site"). b. NTI will be responsible for obtaining only those government permits, approvals and authorizations that are specified in the Scope of Services of the Contract. NTI is not responsible for project delays, damages or impacts due to the government's failure to issue said permits in a timely fashion. C. Unless otherwise expressly agreed by NTI and Client In writing NTI's performance of its Services is solely and exclusively for the benefit of the Client and no party other than Client shall be entitled to rely upon any documentation, representation, report, statement or service made or performed by NTI. 4.0 CLIENT RESPONSIBILITIES a. Client will make available to NTI all known information regarding existing and proposed requirements which affects the work, including but not limited to: specifications, contracts, recommendations, plans and change orders. b. Client will immediately transmit to NTI any new information that becomes available to Client or Client's contractors or subcontractors, so that recommended actions can be reviewed. C. Client will provide a representative to answer questions about the project when required by NTI upon 24-hour notice. d. Client will not hold NTI liable for any incorrect advice, judgment, or decision based on any inaccurate information furnished by or on behalf of Client, and Client will indemnify NTI against liability arising out of or contributed to by such information. e. NTI shall be entitled to additional compensation for all extra work caused by or resulting from the failure of the information provided to accurately describe the Site conditions. f. With the exception of those specified as NTI's responsibility in the Scope of Services, Client shall timely obtain all necessary permits, governmental approvals and access agreements to allow NTI and its agents access to the Site and any buildings thereon. g. Client is responsible for notifying property owner(s) of the nature, scope and timing of NTI's work, along with any potential damage that may occur during the execution of said work. h. Client shall provide reasonable safe access to the proposed location of work including but not limited to slopes, distance from unities, removal of site obstructions, etc. 5.0 NTI RESPONSIBILITIES a. NTI will perform its Services consistent with the level of care and skill ordinarily exercised by members of the geotechnical and materials testing profession currently practicing under similar conditions (the "Standard of Care"). No warranty of any kind, expressed or implied, is made by NTI. b. NTI will be responsible for its data, interpretation and recommendations, but will not be responsible for interpretation by others. C. NTI will take reasonable precautions to prevent damage to property. However unless specifically included in the Scope of Services NTI will not be responsible for the repair or cost of repairs of property including but not limited to pavements, turf, walks, vegetation, utilities, irrigation, buildings or any other site improvements. 6.0 INSURANCE a. NTI will carry worker's compensation insurance and public liability, property damage, and errors and omissions insurance policies, which NTI considers adequate. In addition to any other limitations set forth in this Contract, it is agreed that in no event will NTI be responsible for loss, damage or liability beyond the limits and conditions of NTI's available insurance. NTI will not be responsible for any loss or liability arising from the negligence of Client or by other persons or entities employed by Client. 7.0 COMPENSATION a. NTI's Proposal specifies if the fee is a fixed fee or an estimate based on set rates. Unless specifically stated in the Proposal Client acknowledges that the fee estimate will not be construed to be a maximum or not to exceed amount. b. NTI will submit invoices to client monthly, and a final invoice upon completion of Services. Invoices will show charges based on current NTI Fee Schedule or other basis agreed upon in writing. A detailed separation of charges and backup data will be provided at Client's request. C. Client shall notify NTI immediately if there are any issues relating to the invoice format, amounts, name of responsible party or any other factors preventing payment of the invoice as submitted. d. Unless specifically stated in the Proposal, NTI's fees will not be subject to retainage. e. Unless specifically stated in the Proposal, payment of invoices for NTI Services shall not be contingent upon project financing or payments received by the Client from other parties. f. The Client will pay the balance stated on the invoices unless Client notifies NTI in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. NTI will strive to resolve Client's concerns in a timely manner as long as the balance of the invoice is paid within the terms of this Contract. In r.� GENERAL TERMS & CONDITIONS the event Client fails to bring a billing dispute to NTI's attention within the 15-day period, Client waives the right to later dispute the invoice. g. Payment is due upon receipt of invoice and is considered past due thirty (30) days from invoice date. On past due accounts, Client will pay a late charge of 1.5(%) per month, or the maximum allowed by law. h. In the event Client fails to pay NTI within sixty (60) days following invoice date, NTI may consider the default a total breach of this Contract and all duties of NTI under this Contract will be terminated. I. Partial payments received will first be applied to accrued late charges, then expenses and then to the principal balance. j. Client agrees that NTI may increase its billing rates/fees on each anniversary of this Contract. 8.0 OWNERSHIP OF DOCUMENTS /SAMPLES a. The Client acknowledges that the reports, data, plans, specifications, representations, correspondence and all other documents prepared by NTI as part of its Services under this Contract (collectively referred to as "Documentation") are instruments of NTI's service to Client. Client agrees to save, defend, indemnify and hold NTI and its officers, directors, shareholders, employees and agents harmless from and against all claims, damages, losses and related expenses (including, without limitation, all reasonable attorney fees, disbursements, expert witness fees and all costs of court and litigation) in any manner arising from or pertaining to: (a) any re -use of the Documentation without the prior written authorizationof NTI or, (b) claim(s) by any third party ( other than Client) to whom Client distributed or provided any of the Documentation,either directly, through an agent, or by requesting that NTI provide it to the third party, without the prior written authorization of NTI. b. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose. C. NTI will retain all pertinent records concerning Services performed for a period of two (2) years after the report is sent; during that time the records will be made available to the Client during NTI's normal business hours. d. NTI will retain representative samples for 30 days after submission of NTI report. Upon request by Client, samples can be shipped, charges collect, to destination selected by Client; or NTI can store them for an agreed upon storage charge. 9.0 DISPUTES a. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Contract, including, but not limited to, breach thereof, shall be referred for mediation under the then current Construction industry Mediation Rules of the American Arbitration Association prior to any recourse to litigation. b. In the event of any litigation arising out of or relating to this Contract or the Services, the prevailing party shall be entitled to reasonable attorneys' and experts' fees, court costs and other costs of collection including NTI's labor costs in connection with the prosecution of any collection lawsuit. 10.0 LIMITATION OF LIABILITY a. CLIENT understands that the Services provided by NTI involve the application of scientific and technical skill, judgment and discretion that is not an exact science and that NTI cannot and does not guaranty the results of its Services. Instead, NTI agrees to perform the Services according to the Standard of Care. b. NTI's liability to the Client and all contractors and subcontractors on the project, for damages due to professional negligence, negligence or breach of any other obligation to Client or others, will be limited to an amount not to exceed $20,000 or NTI's fee, whichever is less. C. Client will notify any contractor or subcontractor who performs work in connection with any work done by NTI of the limitations of liability for design defects, errors, omissions, or professional negligence, and to require as a condition precedent to their performing their work, a like indemnity and limitations of liability on their part as against NTI. in the event the Client fails to obtain a like limitation and indemnity, Client agrees to indemnify NTI for any liability to any third party. d. NTI shall have no liability for any failure to perform or delay in performance due to any circumstances beyond its reasonable control. Additionally, in no event shall NTI be liable or responsible to Client or any other person for any consequential, special, incidental, exemplary, or punitive damages, including but not limited to, governmental fines, penalties or liabilities, lost profits or other economic loss (whether arising from negligence, errors, omissions, breach of contract, breach of warranty, tort, strict liability or otherwise), resulting from any claimed defect or deficiency in the Services provided by NTI or any failure by NTI to provide Services. 11.0 TERMINATION a. This agreement may be terminated by either party upon seven (7) days written notice if there is substantial failure by the other party to perform. Termination will not be effective if substantial failure is remedied before expiration of the seven days. Upon termination other than for NTI's default, NTI will be paid for Services rendered plus reasonable termination expenses. b. If the Contract is terminated prior to completion of all reports contemplated by the agreement, or suspended for more than three (3) months, NTI may complete analysis and records as are necessary to complete its files and may complete a report on the Services performed. Termination or suspension expenses will include direct costs of completing analysis, records and report. 12.0 ASSIGNS a. Neither party may assign duties or interest in the Contract without the written consent of the other party. 13.0 MISCELLANEOUS a. If any provision or provisions of this Contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. b. This Contract is the entire agreement between NTI and Client and it supersedes all prior written or oral agreements with respect to the subject matter hereof. No amendment or assignment of the Contract shall be effective unless agreed to in a writing signed by authorized representatives of both parties. C. The provisions of this Contract relating to the limitation of liability and damages, warranties, indemnification, use of plans, specifications, reports and all other Documentation provided by NTI and those specifying choice of law, dispute resolution, notice, waiver, and severability shall survive termination of this Contract. d. The terms of this Contract and its enforcement and interpretation shall be governed by the laws of the state where the project is located. If any provision of this Contract is determined to be unlawful, invalid or unenforceable, that provision shall be severed from the Contract and shall not render this Contract, or any other of its other provisions, unlawful, invalid or unenforceable. 14.0 PRE -LIEN NOTICE a. By signing this Contract Client represents and warrants that it either owns fee title to, or has the legal right to direct NTI to perform Services in connection with, the site of the project and that there is presently nothing to prevent NTI from filing a lien against the site of the project. b. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. C. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. TEMPORARY EASEMENT AND AGREEMENT For valuable consideration Valerius Meadows, Inc., a Minnesota Corporation (GRANTOR) hereby grants to the City of Otsego, a Minnesota Municipal Corporation, (GRANTEE) a temporary easement for excavation and construction purposes over, under and across the following described property in Wright County, Minnesota: See Exhibit A. IT IS FURTHER AGREED between the Parties as follows: GRANTEE shall construct over, under and across the described properties an approximately 1,085 foot eight (8) inch drainage line as set forth on Exhibit B. GRANTEE its officers, employees agents, consultants and contractors shall be granted blanket easement to enter the properties described in Exhibit A and construct the pipeline in the general location as set forth on Exhibit B. It is understood that the location of the pipeline on said Exhibit B is conceptual in nature and that the actual location may slightly deviate from this Exhibit based upon conditions found upon the properties. GRANTEE will need a construction area of at least ten (10) feet on each side of the path of the pipeline. 2. GRANTEE shall restore the property to acceptable condition, as close to the original condition as possible. Once constructed, the pipeline shall become the property of the GRANTOR, subject only to conditions as set forth in this Agreement. 3. GRANTOR shall maintain and repair the line in such condition that it can provide uninterrupted flow of water discharged from GRANTEE's retention pond and the public drainage system. 4. GRANTOR hereby waives and forever discharges GRANTEE, its employees, officers, contractors, consultants and agents and Wright County, its employees, officers, contractors, consultants and agents from any and all claims or causes of action of whatever nature related to or arising from the retention pond and the pipeline including its construction , operation and maintenance. 5. GRANTOR agrees to hold harmless and indemnify GRANTEE, its employees, officers, contractors, consultants and agents and Wright County its employees, officers, contractors, consultants and agents from any and all claims or causes of action of whatever nature related to or arising from the retention pond and the pipeline, including its construction, operation and maintenance except for the grossly negligent or intentional acts of GRANTEE or Wright County, their employees, officers, contractors, consultants and agents. 6. GRANTEE shall have no responsibility for removal or repair of the existing tile drainage system on GRANTOR's property, except that if installation of the pipeline affects an existing tile line deemed to be a lateral, GRANTEE shall repair any damage to that lateral at no cost to GRANTOR. 7. This Agreement shall be assignable by GRANTEE to Wright County at such time as Wright County assumes control of 70th Street. Said temporary easement to expire on December 31, 2016. GRANTOR VALERIUS MEADOWS, INC. Allen Valerius Its Chief Executive Officer GRANTEE CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT Subscribed and sworn before me this _ day of April, 2016 by Allen Valerius, Chief Executive Officer of Valerius Meadows, Inc. with authority. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Subscribed and sworn before me this _ day of April, 2016 By Jessica Stockamp, Mayor and Tami Loff City Clerk of the City of Otsego With authority and on behalf of the City. NOTARY PUBLIC DRAFTED BY: MacArthur Law Office, LLC 3601 Thurston Ave N. Suite 103 Anoka, MN 55303 763-231-5850 TEMPORARY EASEMENT AND AGREEMENT For valuable consideration Merlin R. Valerius (GRANTOR) hereby grants to the City of Otsego, a Minnesota Municipal Corporation, (GRANTEE) a temporary easement for excavation and construction purposes over, under and across the following described property in Wright County, Minnesota: See Exhibit A. IT IS FURTHER AGREED between the Parties as follows: GRANTEE shall construct over, under and across the described properties an approximately 200 foot eight (8) inch drainage; line as set forth on Exhibit B. GRANTEE its officers, employees agents, consultants and contractors shall be granted blanket easement to enter the properties described in Exhibit A and construct the pipeline in the general location as set forth on Exhibit B. It is understood that the location of the pipeline on said Exhibit B is conceptual in nature and that the actual location may slightly deviate from this Exhibit based upon conditions found upon the properties. GRANTEE will need a construction area of at least ten (10) feet on each side of the path of the pipeline. 2. GRANTEE shall restore the property to acceptable condition, as close to the original condition as possible. Once constructed, the pipeline shall become the property of the GRANTOR, subject only to conditions as set forth in this Agreement. 3. GRANTOR shall maintain and repair the line in such condition that it can provide uninterrupted flow of water discharged from GRANTEE's retention pond and the public drainage system. 4. GRANTOR hereby waives and forever discharges GRANTEE, its employees, officers, contractors, consultants and agents and Wright County, its employees, officers, contractors, consultants and agents from any and all claims or causes of action of whatever nature related to or arising from the retention pond and the pipeline including its construction , operation and maintenance. GRANTOR agrees to hold harmless and indemnify GRANTEE, its employees, officers, contractors, consultants and agents and Wright County, its employees, officers, contractors, consultants and agents from any and all claims or causes of action of whatever nature related to or arising from the retention pond and the pipeline, including its construction, operation and maintenance except for the grossly negligent or intentional acts of GRANTEE or Wright County, their employees, officers, contractors, consultants and agents. 6. GRANTEE shall have no responsibility for removal or repair of the existing tile drainage system on GRANTOR's property, except that if installation of the pipeline affects an existing tile line deemed to be a lateral, GRANTEE shall repair any damage to that lateral at no cost to GRANTOR. 7. This Agreement shall be assignable by GRANTEE to Wright County at such time as Wright County assumes control of 701h Street. Said temporary easement to expire on December 31, 2016. GRANTOR Merlin R. Valerius GRANTEE CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT Subscribed and sworn before me this _ day of April, 2016 by Merlin R. Valerius, Grantor NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Subscribed and sworn before me this _ day of April, 2016 By Jessica Stockamp, Mayor and Tami Loff City Clerk of the City of Otsego With authority and on behalf of the City. NOTARY PUBLIC DRAFTED BY: MacArthur Law Office, LLC 3601 Thurston Ave N. Suite 103 Anoka, MN 55303 763-231-5850 From: Scott Lekatz <slekatzna,fehncompanies.com> Date: 04/20/2016 4:10 PM (GMT-06:00) To: Ron Wagner <RonW(cr7,HAA-inc.com> Cc: Brent Larson <brentl e,HAA-inc.com>, "Bret Schoen" <bschoen@fehncompanies.com>, Gary Fehn <afehn ,fehncompanies.com> Subject: RE: drain tile Ron, Proposed pond work as follows: • Remove Existing Tee • Install Each Clean Out's • Install Structure • Install Drain Tile • Connect Drain Tile to Structure • Install Rodent Guard at End of Drain Tile • Repair Disturbed Ring Filtration Area Sand & Topsoil • Install Erosion Control Blanket with Seed at Disturbed Areas Lump Sum ... $19,734.00 Thanks, Scott J. Lekatz Estimator / Project Manager Febn Companies, Inc. 5050 Barthel Industrial Drive Albertville, MN 55301 (763) 497-2428 Office (763) 497-3893 Fax (763) 219-2011 Cell ***PLEASE CHANGE YOUR RECORDS*** WE NO LONGER HAVE A P.O. BOX slekatz .fehncompanies.com www.fehncompanies.com 1 j I r - � { 1 ,j� I