ITEM 6.1 Minor Work Order #50
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MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Public Works
City Engineer Wagner
October 24, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Engineer Wagner
City Administrator Johnson
6.1
AGENDA ITEM DETAILS
RECOMMENDATION:
City Staff recommends approval of Minor Work Order No. 5 for the installation of a new 8" draintile from
70th Street Ponds #5 to CSAH 37 ditch and signing of an agreement between the City and Valerius
Meadows, Inc. regarding the installation of the 8" draintile.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
Yes No
BACKGROUND/JUSTIFICATION:
Storm Pond #5 located along the south side of the 70th Street/CSAH 37 project, on the Valerius Meadows
property, has been holding water without draining down as designed. Many discussions and site visits
have occurred since February 2016 and a few options have been presented to the Council and affected
property owners.
Staff has met with the property owners twice to discuss their concerns and discuss the new draintile
option. Staff has also prepared an agreement (attached) which was sent to Valerius Meadows on October
19th for their review. Staff has also requested a meeting with Valerius Meadows just prior to the October
24th council meeting to determine if there are any remaining issues with the latest proposal. We expect
a representative from Valerius Meadows to be in attendance of the meeting and staff will update the
council at that time of any new items resulting from the meeting.
The current draintile option is to replace the first —500 feet of the existing draintile with new tile and then
reroute it to the east to discharge to the CSAH 37 ditch, just south of the roundabout. This discharge
point is adjacent to two new 18" culverts placed under CSAH 37 which would drain under the road, within
the ditch and to the large pond east of CSAH 37. This option requires a new outlet structure and 2,276
feet of 8" draintile with much deeper cuts during installation (up to 15' deep) than the first draintile
option. Therefore this option is more expensive than the previous option but does provide some benefits.
First, the property owner to the south of Valerius Meadows appears to be unwilling to work with the City
to allow the drainage or draintile to cross his land. This route eliminates the need to cross his property as
it is entirely on the Valerius Meadows property. Second, this route discharges directly to the CSAH 37
ditch which can handle the additional runoff without concern for flooding of downstream fields or taxing
existing downstream aging draintile, and third, by routing this draintile to the ditch we gain almost 5' of
fall allowing the pipe slope to be increased to —0.4% which is the typical grade for most 8" sanitary sewer
and therefore should be self-cleaning.
Staff has been in contact with Fehn Companies to get quotes for placing this draintile. The property
owners requested that we also contact a contractor that they have been talking to (Morris Excavating).
Morris Excavating prepared a quote, which after including prime contractor markup of 5%, is $42,484.05.
Morris Excavating prefaced their quote that it would not include pumping the pond down nor would they
be able to complete the work until next summer which would require at least 2 more pond pump downs
and maybe more at approximately $2,000 per. This option leaves a question regarding crop damage
estimated to be 2.6 acres next year and how that would be accounted for. For reference average soybean
(which the property owner stated would be the likely crop) yield is 55 bushels per acre so 143 bushels.
Soybean prices have been around $10/bushel, therefore potentially $1,430 of crop loss.
The 2"d quote obtained was from Burschville Construction who is currently already a subcontractor to
Fehn Companies. That amount was given in a lump sum amount that included everything needed
including storm pond pumping. The amount with prime contractor markup is $79,726.50. The work
would be completed later this fall so no additional pumping of the pond or potential crop damage would
need to occur.
Attached is the construction plan showing the work necessary to construct the new draintile. MNDOT has
previously stated in writing that the work would be State Aid eligible.
SUPPORTING DOCUMENTS: x ATTACHED ❑ NONE
List: Plan Sheet of Draintile Construction
Minor Work Order #5 (w/ Morris Excavating)
Minor Work Order #5 (w/ Burschville Construction)
Agreement with Valerius Meadows
Temporary Construction Easement Exhibit
POSSIBLE MOTION
Motion to approve Minor Work Order No. 5 (w/ Morris Excavating) for the installation of a new 8"
draintile from 70th Street Ponds #5 to CSAH 37 ditch and an agreement between the City and Valerius
Meadows, Inc., regarding the installation of the 8" draintile.
Motion to approve Minor Work Order No. 5 (w/ Burschville Construction) for the installation of a new 8"
draintile from 70th Street Ponds #5 to CSAH 37 ditch and an agreement between the City and Valerius
Meadows, Inc., regarding the installation of the 8" draintile.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
MSAS Funds
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FRAME AND CASTING
ASSEMBLY M-11
(I.E. NEENAH R-4342
OR EQUIVALENT)
RIM ELEV = 941.0 —
27"
REMOVE TEE/WYE AND CUT PIPE
13LF 8"
NON -PERFORATED
PVC PIPE
INV. ELEV
= 937.75
'INV. ELEV t
= 939.5
8" CONCRETE BASE
2.8'
OVERFLOW STRUCTURE
DRAINAGE STRUCTURE DESIGN Hi
2276 LF 8"
NON -PERFORATED
PVC PIPE
INV. ELEV = 939.0
TOP BERM
LEV=944.0
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REVISION
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°t�ii Engineers and Land Surveyas
3801 Thurston Ave., Anoka, Minnesoto 55303
763-427-5860 FAX 763-427-05;
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POND #5 OUTLET EXHIBIT
70TH ST/CSAH 37 PROJECT
CITY OF OTSEGO
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STATE AID FOR LOCAL TRANSPORTATION
WORK ORDER FOR MINOR EXTRA WORK
Rev .July 2010
Page 1 of 2
SP 217-112-002 & 086-637_033LMinn. Proj. No. STPM 8615 (153) WO No. 5
Project Location: CSAH 37/70th Street, Otsego, MN
Local Agency: City of Otsego j Local Project No. 14-01 & 14-02
Contractor: Fehn Companies Contract No.
Address/City/State/Zip: 5050 Barthel Industrial Dr, Albertville, MN 55301
Total Work Order Amount $ $ 42,484.05
At the direction of the Engineer, the Contractor shall perform the extra work as
described below necessary to fully complete the Project as contemplated and within the
allotted time frame.
Pond No. 5 is not draining as designed due lack of flow through the existing
downstream draintile. The previously approved Work Order No. 4 provided a
solution (infiltration layer) which was later found to be infeasible prior to construction
and therefore was not installed. Work Order No. 5 will provide the pond with an
adequate outlet via a new storm sewer outlet structure and new non -perforated
draintile shall be installed.
The pond shall be dewatered to an elevation of 937 or below prior to any work taking
place (by others). A new 27" concrete outlet per the attached detail shall be placed
over the new 8" pond draintile. All labor and materials for furnishing and installing
the structure, frame and casting and inlet pipe shall be included in the Lump Sum
(LS) price and paid as Item 2502.502-Drain age System.
2,276 LF — 8" PVC SDR 35 non -perforated draintile shall be installed from this new
structure to the CSAH 37 (Oakwood Avenue) ditch south of the roundabout. All
labor and materials for furnishing and installing the draintile shall be included in the
Linear Foot (LF) price and paid as Item 2502.541-8" PVC Pipe Drain. Any existing
draintile lines discovered during the installation shall be connected to the new
draintile and shall be considered incidental to pay Item 2502.541.
All draintile shall be installed by open trench(s). During construction topsoil shall be
separated from the rest of the material and placed back on top of the trench(s).
Trenches shall be compacted to meet 90% specified density. No turf establishment
is required over the trench(s).
All unit prices below include prime contractor mark up.
This work shall complete by July 15th, 2017 thus extending the final competition of
the project 351 day from the final completion date of 15 work day extension from
July 1st, 2016 (per Supplemental Agreement #3) though all other work has been
completed at this time on the project.
STATE AID FOR LOCAL TRANSPORTATION Rev .July2010
WORK ORDER FOR MINOR EXTRA WORK Page 2of2
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)
**Group/Funding _ - -- + or— + or-
---Category Item No. Description Unit Unit Price Quantity Amount $
2 2502.502 Drainage System LS $1,260.00 1 $1,260.00
2 2502.541 8" PVC Pipe Drain LF $17.25 2,276 $41,224.05
Net Change this Work Order $42,484.05
"Group/Funding category is required for Federal Aid projects
Due to this change, the contract time: (check_ one)
() Is NOT changed ( x ) May be revised as provided in Mn/DOT Specification 1806
( ) Is Increased by Working Days ( x) Is Increased by 351 Calendar Days
( ) Is Decreased by Working Days — ( ) Is Decreased by Calendar Days
Approved by Project Engineer:
Print Name:
Approved by Contractor:
Print Name:
Date:
Phone:
Date:
Phone:
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This work is eligible for:
District State Aid Engineer:
Federal Funding _ State Aid Funding _ Local funds
Date:
STATE AID FOR LOCAL TRANSPORTATION
WORK ORDER FOR MINOR EXTRA WORK
Rev .July 2010
Pagel of 2
_SP 217-112-002 & 086-637-033I Minn. Proj. No_STPM 8615 (153) -I, WO No.- 5 -
Project Location: CSAH 37/701h Street, Otsego, MN
Local Agency: City of Otsego Local Project No. -14-01 & 14-02
Contractor: Fehn Companies Contract No.
Address/City/State/Zip: 5050-Barthel Industrial Dr, Albertville,-MN_55301
Total Work Order Amount $ $ 79,726.50
At the direction of the Engineer, the Contractor shall perform the extra work as
described below necessary to fully complete the Project as contemplated and within the
allotted time frame.
Pond No. 5 is not draining as designed due lack of flow through the existing
downstream draintile. The previously approved Work Order No. 4 provided a
solution (infiltration layer) which was later found to be infeasible prior to construction
and therefore was not installed. Work Order No. 5 will provide the pond with an
adequate outlet via a new storm sewer outlet structure and new non -perforated
draintile shall be installed.
The pond shall be dewatered to an elevation of 937 or below prior to any work taking
place. A new 27" concrete outlet per the attached detail shall be placed over the
new 8" pond draintile. 2,276 LF - 8" PVC SDR 35 non -perforated draintile shall be
installed from this new structure to the CSAH 37 (Oakwood Avenue) ditch south of
the roundabout. All labor and materials for dewatering, furnishing and installing the
structure, frame and casting, inlet pipe and all draintile shall be included in the Lump
Sum (LS) price and paid as Item 2502.502-Drainage System. Any existing draintile
lines discovered during the installation shall be connected to the new draintile and
shall be considered incidental to pay Item 2502.502.
All draintile shall be installed by open trench(s). During construction topsoil shall be
separated from the rest of the material and placed back on top of the trench(s).
Trenches shall be compacted to meet 90% specified density. No turf establishment
is required over the trench(s).
All unit prices below include prime contractor mark up.
This work shall complete by December 31st, 2016 thus extending the final
competition of the project 154 days from the final completion date of 15 work day
extension from July 1st, 2016 (per Supplemental Agreement #3) though all other
work has been completed at this time on the project.
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)
- - - - - +or- +or-
**Group/Funding
Category Item No. Description Unit Unit Price Quantity Amount $
1 2502.502 Drainage System LS $79,726.50 1 $79,726.50
Net Change this Work Order I $79,726.50
—Group/Funding category is required for Federal Aid projects
STATE AID FOR LOCAL TRANSPORTATION Rev .July2010
WORK ORDER FOR MINOR EXTRA WORK Page 2of2
Due to this change, the contract time: (check one)
() Is NOT changed ( x) May be revised as provided in Mn/DOT Specification 1806 J
( ) Is Increased by Working Days ( x) Is Increased by 154 Calendar Days
( ) Is Decreased by Working Days ( ) Is Decreased by Calendar Days
Approved by Project Engineer:
Print Name:
Approved by Contractor:
Print Name:
Date:
Phone:
Date:
Phone:
Distribution: Project Engineer (Original), Contractor (copy), DSAE (copy for funding review)
DSAE Portion: The State of Minnesota is not a participant in this contract. Signature by the
District State Aid Engineer is for FUNDING PURPOSES ONLY and for compliance with State
and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This work is eligible for: _ Federal Funding _ State Aid Funding _ Local funds
District State Aid Engineer:
Date:
TEMPORARY EASEMENT, AGREEMENT AND RIGHT TO CONSTRUCT
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:
1. GRANTEE shall construct over, under and across the described properties an approximately
2,276 foot eight (8) inch drainage line as set forth on Exhibit B (the Project). 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
twenty five (25) feet on each side of the path of the pipeline. GRANTEE shall make all good faith
efforts to identify and provide connection from the pipeline being constructed to existing field
tiles, as identified by GRANTOR, during construction.
2. GRANTEE shall restore the property to acceptable condition, as close to the original condition as
possible including replacing existing disturbed topsoil wherever possible or providing equivalent
quality topsoil.
3. Once constructed, the pipeline shall become the property of the GRANTOR, subject only to
conditions as set forth in this Agreement. GRANTEE shall provide a one year warranty period
(commencing upon the date of Project completion) to GRANTOR, guaranteeing the materials
and workmanship on the Project. Said guarantee only relates to the pipe being constructed in
the Project and the connection points to existing field tiles, it does not include any obligation to
correct or repair any field tile beyond its connection point to the installed pipeline.
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,
except for claims related to the one year warranty provided herein.
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, except for claims related to the one
year warranty provided herein.
6. GRANTEE shall have no further responsibility for removal or repair of the existing tile drainage
system on GRANTOR's property, except for the one year warranty provided herein.
7. GRANTEE shall provide GRANTOR with a copy of as built plans for the Project as well as GPS
coordinate of all identified points of intersection between the Project pipeline and existing field
tiles
Said temporary easement and right to construct to expire on December 31, 2017.
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 October, 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
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