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ITEM 4.1 Trail Queens Ave/CSAH 37P OtCI�ezoF MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Public Works City Engineer Wagner July 11, 2016 PRESENTER(s): REVIEWED BY: ITEM #: City Engineer Wagner City Administrator Johnson 4.1 AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends entering into an agreement with Fehn Companies of Albertville MN to construct a trail between the intersection of CSAH 37 and 72"d St NE to the intersection of CSAH 37 and Queens Avenue NE. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes I No BACKGROUND/JUSTIFICATION: City Council approved Hakanson Anderson to design and request quotes for a trail on the south side of CSAH 37 between 72"d St NE and Queens Ave. The trail will connect Queens Avenue trail to the newly constructed Northwood Park and Quaday Avenue trail. Currently, pedestrian travel would have to use the shoulder of CSAH 37 to make those connections. The trail is located mainly within MNDOT ROW obtained when TH101 was upgraded to freeway status. A portion of the trail at the far west end near Queens is located within the property owned by Anoka Equine. Anoka Equine had applied for expansions of its facility along with a re -platting of their property in 2006. The plat was approved by the City but never recorded at the County. Recording of the plat was requirement of approval of the Anoka Equine expansion and connection to City services. City staff has met with Dr. Voller, owner of Anoka Equine, to review the plans for the trail and to give him instructions for what needs to be completed as far as preparation and recording the Anoka Equine plat. Dr. Voller stated he would complete the platting and in the meantime agree to provide the City with easement over the areas needed to construct the trail. Dr. Voller had one request for the signing of the easement and that was for the City to provide screening along 200' of the trail to help prevent horses of his clients from being "spooked" by passing pedestrian. The alternative would be to change the location of the trail to stay within existing MNDOT ROW. The cost to stay with MNDOT ROW is estimated at $10k to $12k due to additional storm sewer needs. The cost for screening consisting of a hedge of 20 arborvitaes has been determined to be $3k. In order to place a trail and a hedge of arborvitaes within MNDOT ROW, a Limited Use Permit (LUP) is needed from MNDOT. MNDOT has prepared a LUP for this project and requires the City to pass a resolution accepting the terms of the LUP. Basically, it states the City will maintain the trail within MNDOT ROW but MNDOT maintains all of its rights regarding ownership of the ROW. Total costs of the project have increased substantially from the CIP estimate prepared in June of 2015. The CIP estimate was for approximately $43,000. An estimate provided after design increased that amount to $56, 735.25 due to mainly increases in storm sewer and grading. The lowest quote received was Fehn for $52,103.00. Engineering expenditures are $12,500 with approximately $5,500 more in staking and inspection and easement descriptions. As stated above, screening will cost $3,000 for an estimated total project cost of $73,103 or $30,103 more than last year's CIP. SUPPORTING DOCUMENTS: X ATTACHED NONE A. Resolution #2016-61 Approving MNDOT Limited Use Permit B. CIP Estimate —June 2015 C. Engineers Estimate —June 2016 D. Easement Agreement —Anoka Equine E. Quotes from 1) Fehn Companies 2) Midwest Asphalt Corporation 3) GL Contracting, Inc. F. Contract with Fehn Companies G. Quote for Arborvitaes from Midwest Landscapes H. Plan Set POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to 1) Approve Resolution 2016-61 Approving MNDOT Limited Use Permit for a trail within MNDOT ROW and 2) Awarding a contract with Fehn Companies of Albertville MN in the amount of $52,103 for constructing a trail along CSAH 37 from 72nd St NE to Queens Avenue and 3) Accept the quote from Midwest Landsapes for suppling and installing 20 Arborvitaes as screening per easement agreement with Anoka Equine and 4) Approve easement agreement with Anoka Equine. BUDGET INFORMATION FUNDING: BUDGETED: X YES 203 Park Development Fund NO RESOLUTION NO 2016-61 CITY OF OTSEGO LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A PEDESTRIAN TRAIL IN THE RIGHT- OF -WAY OF TRUNK HIGHWAY 101 AT CSAH 37/70TH STREET WHEREAS , the City of Otsego is a municipal corporation, organized and existing under the laws of the State of Minnesota; and, WHEREAS, the City Council of the City of Otsego has approved a plan to construct a pedestrian trail in the right -of way of Trunk Highway 101 to promote the orderly and safe crossing of the highway; and, WHEREAS, the State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Otsego hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the following purposes: To construct, operate and maintain a pedestrian trail within the right- of- way of Trunk Highway 101 of the State of Minnesota along Wright CSAH 37/70th street. The City of Otsego shall construct, operate and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Clerk and the City Administrator are authorized to execute the Limited Use Permit and any amendments to the Permit. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Otsego at an authorized meeting held on the 11th day of July, 2016 as shown by the minutes of the meeting in my possession. Adopted by the council this 11th day of July, 2016. Motioned By: Seconded By: /G11"rM Those Opposed: Jessica Stockamp, Mayor Tami Loff, Clerk STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 8608 (T.H. 101) County of Wright LUP # 8608-0014 Permittee: City Of Otsego Terminates: 05/27/2026 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, ("MnDOT"), hereby grants a Limited Use Permit (the "LUP") to City Of Otsego, ("Permittee"), to use the area within the right of way of Trunk Highway No. 101 as shown in red on Exhibit "A", (the "Area") attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non -Motorized Recreational Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized recreational trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal -Aid Policy Guide. In addition, the following special provisions shall apply: PECIAL PROVISIONS TERM. This LUP terminates at 11:59PM on 05/27/2026 ("Expiration Date") subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, LUP — Standardized LUP Form Page 1 of 5 LU1001 7/7/2016 modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. The Permittee shall construct the Facility at the location shown in the attached Exhibit "A" subject to verification by MnDOT that the construction geometrics and procedures result in a Facility that is compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. LUP — Standardized LUP Form Page 2 of 5 LU1001 7/7/2016 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. 7. CIVIL RIGHTS. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any Facility. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the LUP — Standardized LUP Form Page 3 of 5 LU1001 7/7/2016 Permittee shall notify in writing MnDOT's District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC'S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 13. NOTICES. All notices which may be given, been fully given when served personally on addressed as follows: to Permittee at: City of Otsego City Hall 13400 - 90th Street NE Otsego, Mn 55330 by either party to the other, will be deemed to have MnDOT or Permittee or when made in writing and to MnDOT at: State of Minnesota Department of Transportation Metro Right of Way 1500 County Road B2 West Roseville, Mn 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall defend, indemnify, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damage to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, regardless of whether such injury, death, loss or damage is caused in part by the negligence of State of Minnesota or is deemed to be the responsibility of State of Minnesota because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person. (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance or operation of the Facility. LUP — Standardized LUP Form Page 4 of 5 LU1001 7/7/2016 MINNESOTA DEPARTMENT CITY OF OTSEGO OF TRANSPORTATION RECOMMENDED FOR APPROVAL By: Date District Engineer And By: Date Date APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. LUP — Standardized LUP Form Page 5 of 5 LU1001 7/7/2016 1 r TWO "ON 133HS 311JO d QN N l 01099 'ON 3DQI89 lonuSNOO l � r 1 M //4-4 0 or ,� o f O0 o , 00 I W w c i ft&� wbmw w LS P O Z ry S q OMEN"* � o C�Nfld 13i1�15go z dC i J i ■ fl— r-,lw J= N a N SEE SHEET 6 ZZ+9 H rn K 90'ZL+9 =YL 96'6BB .� n n o` u I0'Z66 = 33A3 i / W V n _ 69'L9+S = SOA3 j xoo:�oa W �q6w � I Ypw•..aa afr`oa LL'£69 d K ~� A ;a nkUP �� o a 0 O OIL _ _ m+eP{•nX _ 6S'969 'CL6Y T-8Y6 �n~mNo a it I n W >'Inof . L6'969 of 9'v69 Ld Ld LLI V) r In 00 = 33AS _ O I 9rol+v = SOA6 . n 2 e ry .' fS'006 v I wMlm`.RL'008 = 3OA3 II m = SOA3 n n . N11 In ==Co5 06 = 36A0 to U I as 9+£ = SOA6 n CnR OQ ....'..�..... ..................... ry� 6'106 �Yl �� W � r r 1 �iF>-C- Qa�hs a<C 6gIr1 l9'Z06 = 33A3 s LS'9Z 4 = SOA3, m C mo YWCp-1 oNr O iZOa o ' Rm Soros � zrcNJll ll�e � . x — e i e a \ - . . . ££'899=(3N'MS): ANI . L01(16=111N' . . . . . . . . 6f'£O6 � ry of 4 1'IOe y 6 = 30AII y tCu ' IL'I06 = 30A3 a 99'106 n�dH h. OCOS I - SOA3 _ _ .I'M Qy 2 OL'069=(3N)ANI^o � _ ZZG�dx_ P-c-6a . . . . . . . 10706 £I"f06 33AS Zen - 1Y99+0 = SOA9" I aG� .....................WWII , om^�y S9' +0 = SPA3 , II Uowpm p - w jj'',��� ROOD d� 60 - 33AH f1906 = N13 „� ®® E ROE 1 D I s3Se'10+0 =SOAK ' ,= f0'WO = Y1S Ina . .' 6.D dd S21C�SiUO�NiJ�A':M6I�3'Ov�6t-rW-a�:M �MZt sloe 4P b:l ENGINEER'S COST ESTIMATE Bid Schedule A - Trail Construction CSAH 37 STREET TRAIL ENGINEER'S COST ESTIMATE CITY OF OTSEGO G26-2015 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT COST TOTAL COST 1 MOBILIZATION 1 LUMP SUM $ 7,600.00 $ 7,500 2 SALVAGE TOPSOIL 195 CU YD $ 4.50 $ 878 3 SAWING BITUMINOUS PAVEMENT FULL DEPTH 126 LIN FT $ 5.00 $ 625 4 SUBGRADE PREPARATION 8 TRAIL STA $ 175.00 $ 1,400 5 COMMON EXCAVATION CV 70 CU YD $ 5.00 $ 350 6 AGGREGATE BASE CLASS 5 P 305 TON $ 20.00 $ 6,100 7 TYPE LV WEARING COURSE MIXTURE 4,B 85 TON $ 100.00 $ 8,500 8 6" CONCRETE WALK 400 SQ FT $ 7.50 $ 3,000 9 CROSSWALK MARKING 3'X6" BLOCKS - PAINT 175 LF $ 2.00 $ 350 10 TRUNCATED DOMES 40 SQ FT $ 50.00 $ 2,000 11 SILT FENCE 500 LIN FT $ 3.00 $ 1,500 12 ITURF RESTORATION 1 LUMP SUM $ 1,600.00 $ 1,500 13 1 RELOCATE UTILITY PEDESTAL 1 I LUMP SUM $ 250.00 $ 250 14 RELOCATE POLE 1 1 LUMP SUM $ 250.00 $ 250 SCHEDULE "A!' -Trail Construction $ 34,203 Bid Schedule B - Easement ITEM NO. I ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT COST TOTAL COST 15 EASEMENT* 0.05 1 ACRES $ 30,000.00 $ 1,500 SCHEDULE "A" - ROW Easement $ 1,500 'Private Appraisal Cost- Minimum Purchase Price Schedule "A" TRAIL CONSTRUCTION $34,203.00 Schedule "B" EASEMENT $1,600.00 Engineering and Construction Administration (20%) $7,140.60 TOTAL ALL SCHEDULES $42,843.60 Engineer's Estimate for 70th Street Trail Project (revised 6-21-16) (72nd Street to Queens Avenue) City of Otsego Project No. 16-03 Bid Schedule A - Trail Construction ITEM NO. Mn/DOT SPEC. NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT I UNIT PRICE I EXTENSION 1 2021.501 MOBILIZATION 1 LS $ 3,150.00 $ 3,150.00 2 2104.501 REMOVE CONCRETE CURB & GUTTER 11 LF $ 24.00 $ 264.00 3 2104.503 REMOVE BITUMINOUS PAVEMENT 12 SY $ 22.00 $ 264.00 4 2104.513 SAWING BIT PAVEMENT (FULL DEPTH) 84 LF $ 4.50 $ 378.00 5 2104.523 SALVAGE AND REINSTALL SIGN 2 EA $ 105.00 $ 210.00 6 2112.501 SUBGRADE PREPARATION 7 RDST $ 250.00 $ 1,750.00 7 2105.501 COMMON EXCAVATION (EV) 77 CY $ 15.00 $ 1,155.00 8 2105.523 COMMON BORROW (LV) 191 CY $ 14.00 $ 2,674.00 9 2105.535 SALVAGE TOPSOIL FROM STOCKPILE (LV) 278 CY $ 5.00 $ 1,390.00 10 2211.501 AGGREGATE BASE CLASS 5 MOD 248 TON $ 21.00 $ 5,208.00 11 2360.501 TYPE LV4 WEARING COURSE MIXTURE (4,B) 117 TON $ 89.00 $ 10,413.00 12 2531.501 CONCRETE CURB & GUTTER DESIGN B612 38 LF $ 42.00 $ 1,596.00 13 2531.501 4" CONCRETE WALK (PED RAMPS) 353 SF $ 9.00 $ 3,177.00 14 2531.618 TRUNCATED DOMES 60 SF $ 52.50 $ 3,150.00 15 2545.602 ADJUST UTILITY HANDHOLE (QWEST) 1 EA $ 160.00 $ 160.00 16 2573.502 SILT FENCE, MS 265 LF $ 4.20 $ 1,113.00 17 2574.525 ORGANIC TOPSOIL BORROW 50 CY $ 24.00 $ 1,200.00 18 2575.523 EROSION CONTROL BLANKET - CATEGORY 2 240 SY $ 3.15 $ 756.00 19 2575.555 TURF ESTABLISHMENT 1 LS $ 3,150.00 $ 3,150.00 Bid Schedule A - Trail Construction $ 41,158.00 Bid Schedule B - Storm Sewer NO. SPEC. NO. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE I EXTENSION 20 2503.541 12" RC FLARED END SECTION 1 EA $ 733.00 $ 733.00 21 2503.541 12" RC PIPE SEWER DESIGN 3006 CL V (ALL DEPTHS) 116 LF $ 40.00 $ 4,640.00 22 2506.501 CONSTRUCTEDRAINAGE STRUCTURE -30" 2 EA $ 5,132.00 $ 10,264.00 23 2506.501 CONSTRUCTE DRAINAGE STRUCTURE - 48" 1 EA $ 5,000.00 $ 5,000.00 24 ADJUST EX. SANITARY MANHOLE AND CASTING (NEW 24" SECTION) 1 EA $ 1,500.00 $ 1,500.00 25 2506.522 SALVAGE AND REINSTALL FRAME AND CASTING 1 EA $ 250.00 $ 250.00 26 2515.503 ARTICULATED INTERLOCKING BLOCK OPEN CELL, TYPE A 7 SY $ 212.00 1 $ 1,484.00 Bid Schedule B - Storm Sewer $ 23,871.00 green = est. prices Bid Schedule A - Trail Construction $ 41,158.00 red = revised item or quantity Bid Schedule B - Storm Sewer $ 23,871.00 CONSTUCTION TOTAL $ 65,029.00 ENGINEERING, INSPECTION, CONTRACT ADMIN, CONTINGENCY =15% $ 9,754.35 TOTAL $ 74,783.35 AGREEMENT BETWEEN THE CITY OF OTSEGO AND ANOKA EQUINE REGARDING CONSTRUCTION OF 70TH STREET TRAIL EXTENSION AND GRANTING OF PERMANENT AND TEMPORARY EASEMENTS THIS AGREEMENT made this _ day of July, 2016 by and between the City of Otsego (CITY), a Minnesota Municipal Corporation and Anoka Equine (ANOKA), a corporation under the laws of the State of Minnesota. WHEREAS, ANOKA is the Owner of certain real property located in Wright County, Minnesota and legally described as follows: See Exhibit A. WHEREAS, CITY intends to construct a trail extension adjacent to the property and primarily on MNDOT right of way; and WHEREAS, ANOKA has previously platted the property, which plat was approved by the City in 2006; and WHEREAS, the proposed trail would be entirely within CITY easements in the event that the Plat was recorded, but without recording the proposed trail impedes slightly on ANOKA property; and WHEREAS, the approved Plat was never recorded; and WHEREAS, ANOKA has raised concerns regarding the trail and its effect on horses under its care; and WHEREAS, City staff has met with representatives of ANOKA and has taken steps to address those concerns through appropriate screening; and WHEREAS, CITY needs to acquire certain permanent and temporary easements upon the current legal description of the property in order to timely proceed with the Project. NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. CITY shall, at its cost provide screening for a certain portion of the trail as follows: 2. ANOKA will, and hereby does grant to CITY and Wright County permanent and temporary easements for construction of the trail as follows: See Exhibit B. 3. ANOKA agrees to take all necessary steps to record the approved Plat as soon as practicable. 4. CITY will not record the above described easements in anticipation of the Plat being recorded, in the event that the Plat is not recorded within three (3) months from the date of this Agreement CITY shall proceed to record this Agreement and the easements herein contained. 5. This Agreement is the entire Agreement between the Parties and supersedes any prior Agreement either written or oral. 6. This Agreement is enforceable under the laws of the State of Minnesota. ANOKA EQUINE By: Its CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) 2 Subscribed and sworn before me this _ day of July, 2016 by the of Anoka Equine, a Minnesota Corporation with authority and on behalf of the corporation. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WRIGHT ) Subscribed and sworn before me this _ day of July, 2016 by Jessica Stockamp, Mayor and Tami Loff, City Clerk, of the City of Otsego a Minnesota municipal corporation with authority and on behalf of the corporation. NOTARY PUBLIC DRAFTED BY: Andrew MacArthur MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue North Suite 103 Anoka, MN 55303 763-231-5850 EXHIBIT A- LEGAL DESCRIPTION PERMANENT DRAINAGE, TRAIL AND UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Anoka Equine Property, LLC, a limited liability company under the laws of the State of Minnesota, Grantor, does hereby convey and warrant to the City of Otsego, a municipal corporation under the laws of the State of Minnesota, Grantee, the following described Permanent Drainage, Trail and Utility Easement over, under and across the described property located in the County of Wright, State of Minnesota: See Exhibit A. Along with a Temporary Construction Easement over, under and across the following described property located in Wright County, Minnesota: See Exhibit B . Said Temporary Construction Easement to terminate on December 31, 2016. Said Grantor hereby grants permission to place underground utilities and related structures such as trails, ditches, underground pipes, and other structures within the Permanent Easement area. During construction, the Grantee shall have sufficient amounts of original topsoil placed in areas of disturbance to re-establish turf. 1 ANOKA EQUINE PROPERTY, LLC By: Its: STATE OF MINNESOTA) ) ss. COUNTY OF ) Subscribed and sworn before me this day of , 2016 by on behalf of Anoka Equine, LLC a Minnesota limited liability company, Grantor, with authority and on behalf of the company. NOTARY PUBLIC DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3601 Thurston Avenue N. Suite 103 Anoka, MN 55303 763-231-5850 0) *'4 . I In 0 in PERMANENT EASEMENT DESCRIPTION: A perpetual easement for street, utility, drainage, and trail purposes over, under, and across that part of the East Half of the Northwest Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota, described as follows: Commencing at Monument B-5, as depicted on MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109, said Wright County; thence North 80 degrees 08 minutes 15 seconds East, assumed bearing along the South line of said MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109, a distance of 8.39 feet to the point of beginning of the easement to be described; thence Easterly a distance of 127.87 feet along a non - tangential curve concave to the South, having a radius of 2216.83 feet, a central angle of 03 degrees 18 minutes 18 seconds, and a chord which bears North 88 degrees 47 minutes 46 seconds East, to the intersection with a line described as follows: Commencing at the Northeast corner of said East Half of the Northwest Quarter; thence South 89 degrees 59 minutes 39 seconds West, assumed bearing along the North line of said East Half of the Northwest Quarter, a distance of 56.00 feet to the point of beginning of the line to be described; thence South 00 degrees 08 minutes 06 seconds West, a distance of 112.82 feet and said line there terminating. thence North 00 degrees 08 minutes 06 seconds East, along said last described line, a distance of 58.14 feet to the intersection with said South line of MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109; thence South 80 degrees 08 minutes 15 seconds West, a distance of 129.79 feet to the point of beginning. EXHIBIT B TEMPORARY EASEMENT DESCRIPTION: A temporary easement for slope and construction purposes over, under, and across that part of the East Half of the Northwest Quarter of Section 35, Township 121, Range 23, Wright County, Minnesota, described as follows: Commencing at Monument B-5, as depicted on MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109, said Wright County; thence North 80 degrees 08 minutes 15 seconds East, assumed bearing along the South line of said MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109, a distance of 8.39 feet to the point of beginning of the easement to be described; thence Easterly a distance of 127.87 feet along a non - tangential curve concave to the South, having a radius of 2216.83 feet, a central angle of 03 degrees 18 minutes 18 seconds, and a chord which bears North 88 degrees 47 minutes 46 seconds East, to the intersection with a line described as follows: Commencing at the Northeast corner of said East Half of the Northwest Quarter; thence South 89 degrees 59 minutes 39 seconds West, assumed bearing along the North line of said East Half of the Northwest Quarter, a distance of 56.00 feet to the point of beginning of the line to be described; thence South 00 degrees 08 minutes 06 seconds West, a distance of 112.82 feet and said line there terminating. thence South 00 degrees 08 minutes 06 seconds West, along said last described line, a distance of 13.18 feet to the intersection with the South line of the North 87.40 feet of said East Half of the Northwest Quarter; thence South 89 degrees 59 minutes 39 seconds West, along said South line of the North 87.40 feet of the East Half of the Northwest Quarter, a distance of 211.47 feet to the intersection with an Easterly line of said MINNESOTA DEPARTMENT OF TRANSPORATION RIGHT OF WAY PLAT NO. 86-109; thence Northerly and Easterly, along said Easterly and South lines of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 86-109, to the point of beginning. Said temporary easement shall expire on December 31, 2016.EXHIBIT B QUOTATION FORM To: City of Otsego Project: 70th Street Trail, City Improvement Project No. 16-03 Proposalof. thcAtO CiW`f-'1' 7vie I^ ,,.,,,�/� (hereinafter called the 'Bidder"), organized and existing under the laws ofthe State of M WIIJZ 1 �'s and doing business as 'FTV4Ny CbMPWOS The Bidder hereby proposes to perform all work for the construction of the above referenced Project in accordance with the attached Construction Plans and Contract Documents. Work will be awarded on June 13, 2016. Work may commence upon execution of signed contract documents (approx. 10 days after award). Once work has started the project shall be completed within 30 working days with a final completion date with final completion no later than September 15, 2016. All labor, material, equipment and other expenses required to complete this project as shown on the Construction Plans shall be considered incidental unless otherwise noted and provided for below. Bidder agrees to perform all the work described in the Construction Plans and Contract Documents for the following unit prices and/or lump sums, which include sales tax and other applicable taxes and fees. ITEM NO. Mn/DOT SPEC. NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION 1 2021.501 MOBILIZATION 1 LS •.0D 2 2104.501 REMOVE CONCRETE CURB & GUTTER I I LF CO 3 2104.503 REMOVE BITUMINOUS PAVEMENT 12 SY 2.2.E .00 4 2104.513 SAWING BIT PAVEMENT FULL DEPW 84 LF eb 'co 5 2104.523 SALVAGE AND REINSTALL SIGN 2 EA 105A0 0.00 6 2112.501 SUBGRADE PREPARATION 7 RDST 26v 7 2105.501 COMMON EXCAVATION EV 113 CY Ps.ov Q� 8 2105.523 COMMON BORROW LV 185 CY 4.ct> 'fAERacc 9 2105.535 SALVAGE TOPSOIL FROM STOCKPILE CV 256 CY JE00IL'Zeaco 10 2211.501 AGGREGATE BASE CLASS 5 MOD 248 TON V .CO t'J ZOO 11 2360.501 TYPE LV WEARING COURSE MIXTURE 4,B 117 TON 12 2531.501 CONCRETE CURB & GUTTER DESIGN B612 38 LF 13 12531.501 4" CONCRETE WALK PED RAMPS 353 SF 3 14 2531.618 TRUNCATED DOMES 60 SF 3 15 2545.602 ADJUST UTILITY HANDHOLE WEST 1 EA . Od 16 2573.502 SILT FENCE MS 265 LF 17 2574.525 ORGANIC TOPSOIL BORROW LV 50 CY 2 00 18 2575.523 EROSION CONTROL BLANKET - CATEGORY 2 240 SY 19 2575.555 TURF ESTABLISHMENT I LS 31. n 3 a 20 12503.541 12" RC FLARED END SECTION 1 EA 21 2503.541 12" RC PIPE SEWER DESIGN 3006 CL V ALL DEPTHS 76 LF 3 22 2506.50I CONSTRUCTE DRAINAGE STRUCTURE - 30" (CONNECT TO EXISTING PIPE 1 EA 111�1. 23 2506.522 ADJUST FRAME AND CASTING 1 EA -2A0,vd vo.m 24 2515.503 ARTICULATED INTERLOCKING BLOCK OPEN CELL, TYPE A 7 SY -ZIs. TOIRI QnetAtlOa � �I'y/ �r Respectfully submitte i ture � C7Cit— Attest.. Title i1i�� UJAUS- D2t�i'c Address %«�( }� �j0 Date V UME -7, 'ZO I ( QF-1 00300 RESPONSIBLE CONTRACTOR VERIFICATION OF COMPLIANCE (UNIVERSITY DOCUMENT 00900) Minnesota Statutes, Section 16C.285, subdivision 3. Responsible Contractor, Minimum Criteria. "Responsible Contractor" means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria: 1. The Contractor: i. is in compliance with workers' compensation and unemployment insurance requirements; ii. is currently registered with the Department of Revenue and the Department of Employment and Economic Development if it has employees; iii. has a valid federal tax identification number or a valid Social Security number if an individual; and iv. has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative. 2. The contractor or related entity is in compliance with and, during the three-year period before submitting verification, has not violated section 177.24, 177.25) 177.41 to 177.44. 181.13, 181.14) or 181.722, and has not violated United States Code, title 29. sections 201 to 219, or United States Code, title 40, section 3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity: i. repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period; ii. has been issued an order to comply by the commissioner of labor and industry that has become final; iii. has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees; iv. has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27; V. has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or vi. has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction. Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;* 3. The contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;* 4. The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* Revised: 01-01-201S 5. The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran -owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;* *Any violations, suspensions, revocations, or sanctions, as defined in clauses 2 to 5 occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. 6. The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions; and 7. All subcontractors that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses 1 to 6. Certification By signing this document, I am certifying that I am an owner or officer of the contractor and am verifying under oath that: 1. Contractor is in compliance with Minnesota Statutes, Section 16C.285, 2. I have included Attachment A-1 with contractor's solicitation response, and 3. if contractor is awarded a contract, I or another owner or officer will also submit University Document 00901 as required. Fo4r,3 Co1PA4QleS Contract r Com any Naple A t rized i tore f Owner or Officer �2ad��6t'U2 Title State of 6,X&Vjk County of �//�6 ) Signed an sworn to before me on , the Q. ,(l /' of . MICHELLE LYNN WILLIAMSON a ` " NOTARY PUBLIC•MINNESOTA 1 .:r My Commission Expires Jan.31, 2018 JUG 7, 2Ib Date SODTT -� . CZKAT7. Printed Name 20 I yr , by. kk- , 1—'dA 4 S gnature of not -ial officer Ak—in Tit e (and Rank) ( An 31, &l Commission Expiration Date Revised: 01-01-2015 ATTACHMENT A-1: LIST OF FIRST -TIER SUBCONTRACTORS SUBMIT WITH CONTRACTOR RESPONSE Minnesota Statutes, Section 16C.285, subdivision 5. A prime contractor or subcontractor shall include in its verification of compliance ... a list of all of its first -tier subcontractors that it intends to retain for work on the project. NAMES OF FIRST TIER SUBCONTRACTORS (Legal name of company as registered with the Secretary of State) Company Address Work To Be Performed '�I� S0� v I I�� v (� ��C.�s CGkJL, <i�C(4yli (D-T DJZ6 WC PVaL A„I►J& Revised: 01-01-2015 • 9 • • To: City of Otsego Project: 70thStrmt'/I'r4, City Improvementproject No. 16-p03 Proposal of'.(� • n (��`r <% �'+ 1.. J/L 1 t /� / (hereinafter called the "Bidder"), organized and existing under the laws of the State of / A and doing . business as ti• L� �y-.`�Y•...�'h{^7 The Bidder }hereby proposes to perform all work for the construction of the above referenced Project in accordance with the attached Constuctioa Playas and C=traot Documents. Work will be awarded on June 13, 2016. Work may oommeace upon execution of signed contract doeumeats (approx. 10 days after award). Once work has started the project shall be completed within 30 working days with a find completion date with final completion no later than September 15, 2016, All labor, material, equipment and other expenses required to complete this project as shown on the Coustruction Plans shall be considered incidental imless otherwise noted and provided for below. Bidder agrees to perform all the worst described in the Construction Plans and Contract Documents for the following umlt paicas and/or lump suns, which include sales tax and other applicable taxes and fees. ITEM NO, nMOT SPEC. NO ITEMDESCRIPTION ESMIATED OUANTITY UNITPRICH �TIENSY0IY 1 2021,501 MOBILIZATION 1 IS ' j o f u 2 2104.501 REMOVE CONCRETE CURB & GUTTER 11 IF //y 3 2,104.503 REMOVE BITUMINOUS PAVEMENT 12 Sy c+ % % ' 4 2104,513 SAWING BIT PAVEMENT ULLDHPTT 84 LT ' y 5 2104, 523 SALVAGE AND REINSTALL SIGN 2 BA 6 2112.501 SUBGRADl3PR13PARAT10N 7 RDST Z y c�u 7 2105.501 COMMONEXCAVATION 113 CY L 3 Y 8 2105.523 COMMON BORROW V 185 Cy Ii 5' 7 9 2105.535 SALVAGE TOPSOILFROM STOCKPILE C 256 CY 10 2211,501 AGGREGATE BASE CLASS 5 MOD 248 TON 11 2360.501 TYPE IV WEARING -COURSE MlC= 4 117 �? '1511W le 12 2531.501 CONCRETE CURB & GUTTER DESIGN B612 38 d =' 13 2531,501 4" CONCRETE WALK (PEP RAMPS 353 MEA� 14 2531.618 TRUNCATED DOMES 60 15 2545.602 ADJUST UTILITY 13MHOLF, WEST 1 r f= 16 2573.502 SILT FENCE, MS 265 Is 17 2574.525 ORGANIC TOPSOIL BORROW 50 CY 18 2575.523 EROSION CONTROL nLANM - CATEGORY 2 240 Sy 19 2575.555 TURFISTABLISBT4ENT I is %1r %�i ~' 20 2503.541 12" RC FLARED END SECTION- 1 EA `t 21 2503.541 12" RC F'1PE SE+WBR DESIGN 3006 CL V ALL DEPTHS 76 1.1+ 22 2506,501 CONSTRUCTE DRAINAGE STRUCTURE , 30" (CONNECT TO EMSTING PIPE 1 EA r �, d G0 ' 23 2506.522 ADJUST FRAME AND CASTING I 13A 24 2515.503 ARTICULATED INTBRLOCKINGBLOCK OPEN CELI,, TYPE A 7 Sy Total Quotation �DRespectWy aubmittect, Si zeII) Attest: Title Address bate QF t 00300 QUOTATION FORM To: City of Otsego Project: 70th Street Trail, City Improvement Project No. 16-03 Proposal of: V + (hereinafter called the "Bidder"), organized and existing under the laws of the State of+/1nC sad e. and doing business as The Bidder hereby proposes to perform allwork for the construction of the above referenced Project in accordance with the attached Construction Plans and Contract Documents. Work will be awarded on June 13, 2016. Work may commence upon execution of signed contract documents (approx. 10 days after award). Once work has started the project shall be completed within 30 working days with a final completion date with final completion no later than September 15, 2016. All labor, material, equipment and other expenses required to complete this project as shown on the Construction Plans shall be considered incidental unless otherwise noted and provided for below. Bidder agrees to perform all the work described in the Construction Plans and Contract Documents for the following unit prices and/or lump sums, which include sales tax and other applicable taxes and fees. ITEM NO. 1%In/DOT SPEC. NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENSION 1 2021.501 MOBILIZATION l LS 1; t o. x 1060 • X 2 2104.501 REMOVE CONCRETE CURB & GUTTER 11 LF it-1- Oa 0 4 . Ou 3 2104.503 REMOVE BITUMINOUS PAVEMENT 12 Sy "I .(Z OBI . to 4 2104.513 SAWING BIT PAVEMENT (FULL DEPTH) 84 LF ;Ci 3� ,Cx. 5 2104.523 SALVAGE AND REINSTALL SIGN 2 EA G - X 6 2112.5011 SUBGRADE PREPARATION 7 RDST ' d , 0& 9w, 01� 7 2105.501 COMMON EXCAVATION E 113 CY 6 16, 8 2105.523 COMMON BORROW LV 185 CY . ()3 5 5570-M 9 2105.535 SALVAGE TOPSOIL FROM STOCKPILE (CV) 256 CY yOO• (.Y 10 2211.501 AGGREGATE BASE CLASS 5 MOD 248 TON ILA .Qu c*J, bb 11 2360.501 TYPE LV WEARING COURSE MIXTURE (4,B) 117 TON 6(1. ob 0 12 2531.501 CONCRETE CURB & GUTTER DESIGN 13612 38 LF 10 . ou 13 2531.501 4" CONCRETE WALK (PED RAMPS 353 SF 0 00 U. 2 14 2531.618 TRUNCATED DOMES 60 SF (3. Z 15 2545.602 ADJUST UTILITY HANDHOLE WES I EA iA> G 16 2573.502 SILT FENCE, MS 265 LF C i 3Z5. 0L, 17 2574.525 ORGANIC TOPSOIL BORROW (L 50 CY LiG . ow. x 18 2575.523 EROSION CONTROL BLANKET - CATEGORY 2 240 Sy `• CX 19 2575555 TURF ESTABLISHMENT 1 LS la600,06 5-W.00 20 2503.541 12" RC FLARED END SECTION 1 EA 5§0, 5Y2% 21 2503.541 IT' RC PIPE SEWER DESIGN 3006 CL V (ALL DEPTHS) 76 LF 22 2506.501 CONSTRUCTS DRAINAGE STRUCTURE - 30" (CONNECT TO EXISTING PIPE) I EA (� . O6 J C1+ $Q5 .A;+ 23 2506.522 1ADJUST FRAME AND CASTING 1 EA 24 2515.503 JARTICULATED INTERLOCKING BLOCK OPEN CELL, TYPE A 7 SY si Total Quotation {� S `lr7 dU.t .(XJ Respectfully submitted: Signature �C�% � 7���cct �✓�uin�� Attest: Title PQx nl 5y'1�, Address Date QF-1 00300 CITY OF OTSEGO SERVICES CONTRACT AGREEMENT, made this lld' day of July, 2016, between the CITY OF OTSEGO, a political subdivision ("CITY") and Fehn Companies, Inc. ("CONTRACTOR"); RECITALS CITY has awarded to CONTRACTOR the job described below, Description of Project: The work consist constructing a trail from 72❑d St NE to Queens Ave NE along the south side of CSAH 37 in accordance to the plans and specs dated May 5, 2016. The Contractor's Quotation dated June 7, 2016 is attached as part of this contract. The project will be completed by September 15t' of 2016. 1. Contract Performance. CONTRACTOR shall complete performance of the PROJECT in accordance with the Project Description, Construction Plans, and Contractor's Quote dated June 7, 2016. 2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to performance, comply with all applicable rules, regulations, statutes or ordinances of any other unit or agency of government, including but not limited to those relating to non- discrimination in hiring or labor practices, payment of all required withholding taxes, workers' compensation and unemployment compensation insurance, liability insurance, OSHA. or other safety rules and regulations, construction practices, environmental practices, wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal practices, and notices to employees, whether or not such rules, regulations, statutes or ordinances are set forth or adopted by reference in the Submission Requirements herein. Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any subcontractor hired by CONTRACTOR under this project within 10 days after CONTRACTOR receives payment from CITY for work for which CONTRACTOR is liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of enforcement, be considered a third -party beneficiary of this contract. However, nothing in this contract shall be deemed to impose upon CITY any duty to monitor, enforce or otherwise become involved in payments from CONTRACTOR to any subcontractor. 3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph 2 above, specifically including, without limitation, liability arising out of the improper disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used by CONTRACTOR for such disposal. 4. Warranty of Workmanship and Timel Completion. In addition to any warranty which might be a part of the Plans and Specifications/Proposal, CONTRACTOR warrants that all work completed in connection with the PROJECT shall be done in a workmanlike and timely manner in accord with applicable industry standards. Where materials are being furnished by CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and suited for the purpose for which they are intended. 5. Compliance with Statutory Requirements A. Data Practices Compliance: Contractor may have access to data collected or maintained by the City to the extent necessary to perform Contractor's obligations under this contract. Contractor agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Contractor will not release or disclose the contents of data classified as not public to any person except at the written direction of the City. Contractor agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of Contractor's failure to comply with the requirement of the Act or this contract. Upon termination of this contract, Contractor agrees to return data to the City, as requested by the City. B. Worker's Compensation Contractor shall, at the time of execution of this contract, furnish evidence satisfactory to the City that Contractor maintains or is exempt from maintaining Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182. C. Income Tax Withholding Prior to the time of final payment of any amounts owing to Contractor under this agreement, Contractor shall furnish a copy of Form IC-134, certified by the Minnesota Department of Revenue, documenting that all withholding tax requirements have been observed by Contractor. D. Audit Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of Contractor which are relevant to the services being performed under this Contract shall be subject to inspection in accord with said statute, for a period of six years from the date of final payment hereunder. 6. Performance and Payment Security (Check One) X Contractor is not required to post any performance and payment security as a condition of this Contract by reason of the fact that the contract amount is for less than $75,000.00, and City is not requiring performance security. Contractor is required to post performance and payment security acceptable to the City, even though the contract price is less than $75,000.00. Contractor is required to post performance and payment security because the contract price is more than $75,000.00. Note: Regardless of which option above is checked, if performance and payment security is required, the security shall meet that standards outlined in Minnesota Statutes Chapter 574.26. 7. Notices Any notice which is or should be required to be given to CONTRACTOR shall be sufficient if addressed as follows, and deposited, postage prepaid, in the regular United States Mail. Notice shall be deemed to have been received on the third business day following the postmark: Fenn Companies, Inc. 5050 Barthel Industrial Drive Albertville, MN 55301 8. Termination Either party may terminate this agreement on 30 days written notice to the other. 9. Payment City shall remit to Contractor the amounts billed for services assuming that Contractor has fully complied with all of the terms of this agreement, completing the project in a timely and compliant manner. IN WITNESS WHEREOF, the parties have executed this Agreement the date above written. CITY OF OTSEGO By Jessica Stockamp Mayor By Tami Loff City Clerk CONTRACTOR I: Its LANDSCAPES City of Otsego Trail Plant July 6, 2016 DATE TO Ron Wagner City of Otsego 612-919-9657 ronw(a�haa-inc.com QTY SIZE DESCRIPTION 10 ea #10 cont. - Pyramidal Arborvitae $118.00 $1,180.00 10 ea #10 cont. - Techay Arborvitae $113.00 $1,130.00 2 CY Shredded Hardwood Mulch (rings) $72.00 $144.00 -4------ea-- 1-Year Watering- _ .. _ ... _ $2,400.00, _ . _$2,400.00 QTY 20 2 1 QTY 12 2 .1 ALTERNATE SIZE DESCRIPTION ea 6' bb - Techuy Arborvitae CY Shredded Hardwood Mulch (rings) ea 1 Year Watering ALTERNATE SIZE DESCRIPTION ea 6' bb - Black Hills Spruce CY Shredded Hardwood Mulch (rings) ea 1 Year Watering _ r NOTES: * Price includes: plant, installation, mulch ring, I year watering and 1 year warranty TOTALS -$4;854.00 $238.00 $4,760.00 $72.00 $144.00 $2,400.00 $2,400.00 TOTALI $7,304.00j $238.00 $2,856.00 $72.00 $144.00 $2,400.00 52,400.00 t, TOTAL $5,400-.00 6221 Oakwood Ave. NE * Otsego, MN 55330 * 763-241-1320 ph 763-241-1340 &' 1 In v'QP is c W Q 6F x Goo ' Uw O �_ppZ U�Q F N1 ' N x UQ x t Zvi NU Q�� too p Z C) Z UN 5-i w— CLeG< ��' oao �i o O Z u �hwaN 30'J•rn .. 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