D-3. Stormwater Pond Clean Out Award Contract and Purchase of EasementCITY OF
CHAIVHA3SEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.2271120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
s
MEMORANDUM
TO: Paul Oehme, City Engineer /Public Works Director r
FROM: Terry Jeffery, Water Resources Coordinator -1
DATE: August 10, 2015
SUBJ: Stormwater Pond Clean out at Audubon Road and Lincoln Lane:
• Award Contract to Minnesota Dirt Works for stormwater pond
improvement
• Authorization of purchase of drainage and utility easement and
temporary construction easement to Patrick and Teresa Kocourek
PROPOSED MOTION
"The City Council approves a quote and awards a contract for the pond cleanout
improvement to Minnesota Dirt Works in the amount of $59,462.75 and acquisition
of a permanent drainage and utility easement and a temporary construction
easement from Pat and Teresa Kocourek in the amount of $1,545.00."
City Council approval requires a simple majority vote of the City Council present.
BACKGROUND
Annually, the City inspects stormwater treatment ponds so these ponds are working
Planning & as designed. The stormwater treatment and north of Lincoln Lane and east of
Natural Resources g p
Phone: 952.227.1130 Audubon Road has filled in over the years with sediment and debris. This sediment
Fax: 952.2271110 has formed a delta in the pond. Also, a gully has formed as a result of runoff from
Audubon Road. With the storm events of June, 2014, the gully increased
Public Works
7901 Park Place significantly in size. This project was placed in the Capital Improvement Plan budget
Phone: 952.227.1300 for 2015. This pond treats a portion of Audubon Road runoff however these ponds
Fax: 952.227.1310 are the City's to maintain.
Senior Center BACKGROUND
Phone: 952.221.1125
Fax: 952.227.1110
The project in general will clean out the pond to the original pond size and fix the
wehsite gully that has formed on the side slope. Rip rap will also be placed at the outlet pipe
www.ci.chanhassen.mn.us to help reduce future scouring.
On April 2, 2015, quote packages were sent to Parrott Contracting, Blackstone
Contractors, Kusske Construction and Minnesota Dirt Works.
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The quotes received are as follows:
Blackstone Contractors
$77,250.00
Kusske Construction
$67,731.50
Minnesota Dirt Works
$59,462.75
Parrott Contracting
$65,796.00
Minnesota Dirt Works had the low quote. They have worked in Chanhassen previously on the West
Central Lotus Lake Drainage Improvement Project and their work product was good. The work will
commence in the fall of 2015 with substantial completion by December 31, 2015. Restoration will
occur in the spring of 2016 when conditions allow.
In October of 2014, staff contacted the property owner that separates Audubon Road and the City -
owned pond. An on -site meeting was held in the winter to discuss acquisition of easement for
extension of the storm sewer to the pond. Staff left that meeting with the belief that all parties were
in agreement that an easement was needed and achievable. After extensive negotiation, the attached
Grant of Easement and consideration was agreed to by staff and the property owners.
The agreement calls for the Kocoureks to be compensated $1,545.00 by the City for the acquisition
of the permanent drainage and utility easement as well as the temporary construction easement. This
acquisition will be funded with $525.00 from the Project CIP SWMP -050 Audubon Road Storm
Sewer Outfall Improvement and the remaining $1,020.00 from Fund 720 - 0000 -4300 Fees for
Services. There are contingencies within the bid that may be available for land acquisition.
Attachments: Easement Document
Resolution
CIP Sheet SWMP -050
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and award to mn dirt works rev l.docx
GRANT OF PERMANENT AND TEMPORARY EASEMENT
PATRICK KOCOUREK AND TERESA KOCOUREK, husband and wife, "Grantors ",
in consideration of one thousand five hundred forty five Dollars ($1,545.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby
grant unto the CITY OF CHANHASSEN, a Minnesota municipal corporation, the Grantee,
hereinafter referred to as the "City," its successors and assigns, the following easements:
1. A permanent easement for public drainage including underground drainage piping
over, across, on, under, and through land situated within the County of Carver, State of Minnesota,
as legally described on the attached Exhibit "A" and depicted on Exhibit "B ", including the rights of
the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement
premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public
drainage over, across, on, under, and through the permanent easement premises, together with the
right to grade, level, fill, drain and excavate the permanent easement premises, and the further right
to remove trees, bushes, undergrowth, and other obstructions interfering with the location,
construction, and maintenance of said public drainage and utility easements.
2. A temporary construction easement over, across, on, under, and through the land
situated in the County of Carver, State of Minnesota, as legally described on the attached Exhibit
"A" and depicted on the attached Exhibit "B ". To have and to hold the same, unto the City, its
contractors, agents, servants and assigns, commencing on JulyW, 2015 and expiring AunustiPi
1, 2016. During this period having the right of ingress to and egress from the temporary easement
179208v2
premises, for the purpose of constructing, reconstructing, inspecting, repairing, and maintaining the
property of the City, at the will of the City, its successors and assigns in connection with the
construction of City Project No. SWMP 19: 2013 -01. Grantors hereby grant the uses herein
specified without divesting themselves of the right to use and enjoy the above described temporary
easement premises, subject only to the right of the City to use the same for the purposes and time
herein expressed. As a condition of said temporary construction easement grant, the City shall,
upon completion of construction and prior to termination, restore the ground surface of the
temporary construction easement premises to its original condition so far as is reasonably
practicable with the exception of any grade changes, bank sloping, ditching, fills, slope
construction, cuts and any removal of earth, other materials, trees and other vegetation.
The above named Grantors, for themselves, their successors and assigns, do covenant with
the City, its successors and assigns, that they are well seized in fee title of the above described
easement premises; that they have the sole right to grant and convey the easements to the City; and
that, to their knowledge, there are no unrecorded interests in the easement premises..
3. If the City destroys any trees or shrubbery during construction of the easement, the
City shall replace any such tree(s) or shrubbery with like kind.
4. The City may not specially assess the Grantors property for City Project No.
SWMP 19: 2013 -01.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this document this
day of J--- 1 A 2015.
GRANTORS:
n r /'
Patrick ocou
0
�., C, � L�e�
Teresa Kocourek
1792osv2 2
STATE OF MINNESOTA )
) ss.
COUNTY OF CARVER )
The foregoing instrument was acknowl
T � � 2015, by Patrick Kocourek
STATE OF 1 •
COUNTY OF
before me this A day of
CITY OF CHANHASSEN
M
and wife, Grantors.
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
The foregoing instrument was acknowledged before me this day of
2015, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of
Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNursoN
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
179208v2
EXHIBIT A
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
A 20.00 foot permanent easement for drainage and utility purposes over, under, and across that part
of the Northwest Quarter of Section 27, Township 116, Range 23, Carver County, Minnesota, the
centerline of said permanent easement is described as follows:
Commencing at the Northeast Corner of said Northwest Quarter; thence South 00 degrees
31 minutes 51 seconds East, assumed bearing along the east line thereof, 273.34 feet to the
point of beginning of said line to be hereinafter described; thence South 71 degrees 26
minutes 13 seconds West, 51.59 feet more or less to the east line of County State Aid
Highway 15, also known as Audubon Road, and there terminating. The sideline of said
easement are to be prolonged or shortened to end on the east line of said Northwest Quarter
and the easterly right of way line of said County State Aid Highway 15.
Together with temporary easements for construction purposes, 10.00 feet in width and adjacent to
the north and south lines of said 20.00 foot permanent easement. The sideline of said easement are
to be prolonged or shortened to end on the east line of said Northwest Quarter and the easterly right
of way line of said County State Aid Highway 15, also known as Audubon Road.
Said temporary easements will commence on July 1, 2015 and expire on July 1, 2016.
179208v2
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT AND TEMPORARY EASEMENT
AMERICAN INVESTORS BANK AND MORTGAGE, a Minnesota corporation,
which holds a mortgage on all or part of the property more particularly described in the foregoing
Grant of Permanent and Temporary Easement, which mortgage is dated December 9, 2011 and
recorded January 3, 2012, as Document No. A547710 with the office of the County Recorder,
Carver County, Minnesota, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consent, and is subject to the foregoing Grant
of Permanent and Temporary Easement.
AMERICAN INVESTORS BANK
AND MORTGAGE
By:
Its
And
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF )
[print name]
[print name]
The foregoing instrument was acknowledged before me this _ day of
2015, by and , respectively the
and of American Investors
Bank and Mortgage, a Minnesota corporation, on behalf of said corporation.
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452 -5000
AMP /cjh
17920M
POINT OF
COMMENCEMENT
NORTH QUARTER
CORNER SEC. 27,
TWN. 116, RNG 23
EAST RIGHT OF WAY LINE
C.S.A.H. 15IAUDUBON ROAD
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PROPOSED
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POINT OF BEGINNING
POINT OF 10.00' 5�•r'9 xv.J 10.00'
TERMINATION 51,2613
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10.00' /
10'TEMPORARY
EASEMENT
OWNER:
_
PERMANENT EASEMENT: 1030 SOFT
PATRICK KOCOUREK
PID:
250270300
TEMPORARY EASEMENT: 1031 SQFT
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9401 AUDUBON ROAD
CHANHASSEN, MN 55317
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Drainage and Utility Easement
MEMEL
Chanhassen, Minnesota
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November 18, 2014 Project No:
1694 -650
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: August 10, 2015 RESOLUTION NO: 2015 -XX
MOTION BY:
SECONDED BY:
A RESOLUTION ACCEPTING QUOTE AND AWARDING
CONTRACT FOR THE STORMWATER POND CLEAN OUT AT
AUDUBON ROAD AND LINCOLN LANE
SWMP -19- 2013 -01
WHEREAS, pursuant to a request for quotes for the stormwater pond clean out at Audubon
Road and Lincoln Lane, four quotes were received and opened. The quotes are as follows:
Blackstone Contractors
$77,250.00
Kusske Construction
$67,731.50
Minnesota Dirt Works
$59,462.75
Parrott Contracting
$65,796.00
AND WHEREAS, Minnesota Dirt Works submitted the lowest responsible quote with a total
amount of $59,462.75.
NOW THEREFORE, BE IT RESOLVED by the Chanhassen City Council:
The mayor and clerk are hereby authorized and directed to enter into a contract with Minnesota
Dirt Works in the name of the City of Chanhassen for Stormwater Pond Clean Out at Audubon
Road and Lincoln Lane according to the plans and specifications therefore approved by the
City Council and on file in the office of the city clerk.
2. The city clerk is hereby authorized and directed to return forthwith to all bidders the deposits
made with their bids, except that the deposits of the successful bidder and the next lowest
bidder shall be retained until a contract has been signed.
Passed and adopted by the Chanhassen City Council this 10`h day of August, 2015.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
Projects By Funding Source 2015 thru 2019 Department Surface Water Management
City of Chanhassen, MN Contact Paul Oehme
Project# SWMP -050
Project Name Audubon Road Stormsewer Outfall Improvement
Account #1 720 -7025
Account #2
Account #3
Account #4
Type Improvement
Useful Life
Category SWMP
Priority n/a
Total Project Cost: $60,000
project will install 225 feet of storm sewer, a sump manhole and a SAFL Baffle to repair a severe gully that has formed and increase the
/cle of the downstream pond. This stormsewer was installed when Audubon Road was installed. The stormwater drains into a pond that was
Tucted with the Liberty on Bluff Creek development.
gully is likely to expose an 8 inch forcemam gas line and has been depositing significant quantities of sediment into a stormwater detention
thus decreasing its water quality benefits as well as flood attenuation and rate control benefits.
Expenditures 2015 2016 2017 2018 2019 Total
Maintenance 60,000
60,000
Total 60,000 60,000
Funding Sources 2015 2016 2017 2018 2019 Total
Surface Water Utility Fund 60,000 60000
Total 60,000 60,000
crews will need to regularly inspect and clean sump
108