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D-4. 10083 Great Plains Boulevard Slope Stabilization Project PW116D: Accept Bids and Award Contract; Approve Easement Agreements. 1110 -4- CITY OF MEMORANDUM CHANHASSEN TO: Paul Oehme, Director of Public Works/City Engineer 7700 Market Boulevard PO Box 147 FROM: Alyson Fauske, Assistant City Engineer 01- Chanhassen,MN 55317 ,gyp DATE: November 28, 2016 Administration Phone:952.227.1100 SUBJ: 10083 Great Plains Boulevard Slope Stabilization Project: Accept Fax:952.227.1110 Bids and Award Contract State Grant Agreement No. A-HMGP- Building Inspections DR4182-CHANHASCI-008 Phone:952.227.1180 Fax:952.227.1190 PROPOSED MOTION Engineering Phone:9522271160 "The City Council adopts the attached resolution accepting the bids and awards Fax:952.227.1170 the contract for the 10083 Great Plains Boulevard Slope Stabilization Project to Dryden Excavating in the amount of$175,999.19; and Finance Phone:952.227.1140 Approves the Easement Agreements for PIDs 25025390 and 251510020." Fax:952.227.1110 Park&Recreation City Council approval requires a simple majority vote of the City Council Phone:952.227.1120 present. Fax:952.227.1110 Recreation Center BACKGROUND 2310 Coulter Boulevard Phone:952.227.1400 During a storm on June 19, 2014, the City received five inches of rain over about Fax:952.227.1404 a six-hour period. Planning& Natural Resources On June 23, 2014, Gaye Guyton notified the City about a slope failure on her Phone:952.227.1130 property located at 10083 Great Plains Boulevard. To mitigate the failure, a slope Fax:952.227.1110 stabilization project is necessary. Federal funds are available for such projects and cover up to 75% of the project cost. In order to receive Federal funding, the Public Works City must sponsor the project. 7901 Park Place Phone:952.2271300 At the May 26, 2015 meeting,the City Council approved a Resolution of Support Fax:952.227.1310 for a Federal and State Funding Grant for the slope failure. Senior Center Phone:952.227.1125 On June 13, 2016, the City Council approved Grant Agreement No. A-HMGP- Fax:952.227.1110 DR4182-CHANHASCI-008 with the Minnesota Department of Public Safety, a Cost Share Agreement with Gaye Guyton, and a$59,930 engineering services Website contract with Barr Engineering. The agreement with Gaye Guyton was amended www.ci.chanhassen.mn.us on July 11, 2016, \\cfs5\cfs5\shared_data\eng\public\pwl 16d 2014 storm event\10083 great plains\staff reports\20161128 accept bids and award Ghanked&ea is a Community for Life-Providing for Today and Planning for Tomorrow 10083 Great Plains Blvd Slope Stabilization November 28,2016 Page 2 PROJECT SUMMARY The project includes placing fill within the channel to stabilize the slope. Storm sewer is proposed to be installed to direct storm runoff down the slope and into a surge basin. Easements necessary for the installation have been signed by the appropriate parties. PROJECT COST AND FUNDING The City acquired funding from the Federal Emergency Management Agency(FEMA) that covers 75% of the project cost. Under the agreement, the remaining 25% of the project cost is the City's responsibility; on July 11, 2016 the City entered into a cost share agreement with the affected property owner such that no city funds will be used for the project. The construction budget per the FEMA application is $225,000. BID OPENING/AWARD OF CONTRACT Bids were received, opened and read out loud on Monday, October 17, 2016 at 10:00 a.m. Nine bids were received. The lowest responsible bidder is Dryden Excavating with a bid amount of $175,999.19. The bids have been tabulated and checked for errors and are summarized below: Bidder Total Bid 1. Dryden Excavating $175,999.19 2. Minger Construction Company, Inc. $200,557.30 3. Fitzgerald Excavating & Trucking, Inc. $211,718.00 4. Rachel Contracting $224,992.40 5. SM Hentges & Sons, Inc. $227,407.80 6. Friedges Contracting Company, LLC $255,755.00 7. Park Construction Company $263,527.95 8. Veit& Company, Inc. $264,645.50 9. Blackstone Contractors, LLC $272,640.50 The City's engineering consultant has worked with Dryden Excavating on previous projects of this nature and finds that their work is acceptable. SCHEDULE Work begins December, 2016 Project completion July 1, 2017 Attachments: 1. Resolution 2. Easements g:\eng\public\pw116d 2014 storm event\10083 great plains\staff reports\20161128 accept bids and award contract.docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES,MINNESOTA DATE: November 28,2016 RESOLUTION NO: 2016-XX MOTION BY: SECONDED BY: A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 10083 GREAT PLAINS BOULEVARD SLOPE STABILIZATION (GAYE GUYTON) PROJECT,PW116D WHEREAS,bids were received, opened and tabulated for the 10083 Great Plains Boulevard Slope Stabilization(Gaye Guyton)Project. The following bids were received: Bidder Total Bid 1. Dryden Excavating $175,999.19 2. Minger Construction Company, Inc. $200,557.30 3. Fitzgerald Excavating&Trucking, Inc. $211,718.00 4. Rachel Contracting $224,992.40 5. SM Hentges & Sons, Inc. $227,407.80 6. Friedges Contracting Company, LLC $255,755.00 7. Park Construction Company $263,527.95 8. Veit & Company, Inc. $264,645.50 9. Blackstone Contractors, LLC $272,640.50 AND WHEREAS,Dryden Excavating, Inc. submitted the lowest responsible bid with a total bid amount of$175,999.19. NOW THEREFORE,BE IT RESOLVED by the Chanhassen City Council: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Dryden Excavating, Inc. in the name of the City of Chanhassen for the 10083 Great Plains Boulevard Slope Stabilization (Gaye Guyton)Project 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 28th day of November,2016. ATTEST: Todd Gerhardt, City Manager Denny Laufenburger, Mayor YES NO ABSENT (reserved for recording information) GRANT OF PERMANENT EASEMENTS MARY J. TEICH, a widow and not remarried person, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, permanent easements for public drainage, utility and access purposes over, across, on, under, and through land situated within the County of Carver, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit"B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage, utility and access systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the access to, location, construction, and maintenance of said public drainage,utility and access systems. 1 189651v1 V-03 The above named Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that she is well seized in fee title of the above described easement premises; that she has the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. Gam' INS� TESTIMONY/ WHEREOF, the Grantor hereto has signed this easement this 3�sf day of ,2016. GRANTOR: Mary J. Teich STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this `j I day of X64-vb,'r ,2016,by Mary J. Teich, a widow and not remarried person, Grantor. Cern A AY_ No .ry Public Drafted by: CAMPBELL KNUTSON,P.A. 860 Blue Gentian Road, Suite 290 I 41;,, JEAN M. STECKLING Eagan, MN 55121 ° , Notary Public-Minnesota IP- My Commission Expkas Jan 31,2019 Telephone: 651-452-5000 [RNK] 2 189651v1 V-03 EXHIBIT"A" TO GRANT OF PERMANENT EASEMENTS A 30.00 foot access easement over and across that part of the Southwest Quarter of Section 25, Township 116,Range 23, Carver County,Minnesota. Said easement being southerly and westerly of the following described line: Commencing at the northwest corner of said Southwest Quarter;thence North 89 degrees 30 minutes 39 seconds East, assigned bearing, along the north line of said Southwest Quarter, 1279.23 feet to the centerline of State Highway No. 101;thence South 03 degrees 25 minutes 00 seconds West 198.77 feet;thence southwesterly 401.01 feet along a tangential curve, concave to the northwest,having a radius of 546.83 feet;thence South 45 degrees 26 minutes 00 seconds West 826.78 feet; thence South 23 degrees 51 minutes 00 seconds East 158.43 feet;thence South 89 degrees 08 minutes 00 seconds East 633.65 to the beginning of the line to be described; thence continue South 89 degrees 08 minutes 00 seconds East 721.35 feet to the northwest corner of Outlot C, GREAT PLAINS GOLF ESTATES;thence South 00 degrees 52 minutes 00 seconds West, along the west line of said Outlot C,230.00 feet, and said line there terminating. The sidelines of the easement are to be prolonged or shortened to terminate on the boundaries of the encumbered parcels. Together with a drainage and utility easement over and across that part of the Southwest Quarter of Section 25,Township 116,Range 23, Carver County, Minnesota, further described as follows: Beginning at the terminus of the above described line;thence North 89 degrees 08 minutes 00 seconds West 30.00 feet to the east line of Block 1, BURESH ADDITION; thence South 00 degrees 52 minutes 00 seconds West, along said east line,409.82 feet;thence South 66 degrees 01 minutes 11 seconds East 65.44 feet;thence South 17 degrees 40 minutes 17 seconds East 61.75 feet;thence North 75 degrees 21 minutes 43 seconds East 31.79 feet;thence North 11 degrees 27 minutes 49 seconds West 66.08 feet;thence North 07 degrees 56 minutes 24 seconds East 35.97 feet;thence North 23 degrees 46 minutes 22 seconds West 169.76 feet to the southwest corner of Outlot C, GREAT PLAINS GOLF ESTATES;thence North 00 degrees 52 minutes 00 seconds East, along the west line of said Outlot C,237.00 feet to the point of beginning. 189651v1 V-03 EXHIBIT"B" TO GRANT OF PERMANENT EASEMENTS '•Y -1 T1.. 1111[ C T '1:•T I1+M. C ?P[T t T 41 - 'LT -e • 'T_ SAO::._ . .. .1 r n i.or ., 1•.111,.1-• 1• r , - .. t o 1:::: rt { coc e�Th (> aa Invim` oN0 <m U,� o,f, c) tO rn c m 1r1 t0 {nc. Gn.cW - 7) (Ni.,IA ?'gym - . 4)Q .�-�� �) V Q x r N NNrn R.,:,,, '..1., ` 2-zi J. ()0Rl S o - er n rt m O G7-ft t`RI Z cn 0 Z 7 2 5 u -. u. LL }�.. . / s • em_ , _L1. TIG. �'' i� m..o _ D I � L -, cnNUWZ _ -i owl _= I h ,...•••••• • 589'08'00"E 721.35'........ ... G- Cio J N -' N �1 OD O Ch N( I AilL\ W �' Q N .-.< 1- n - 1m� 1m, S AT. &4 c, E ` $ *' - 1 T_ d $'10 DI PI IV 01 0 x I V Wm% pO • s GY ` n CJ/ 0 Wo- • m-I `m co. • V N 'r-+ _ l .p O ,08,3 q •• I o • N -i •a -'I -1 = N d N. •- C-) (ir:1,1/';Cr..(1)1-.0`. . m m m -i xi - . ,j iD A Rl -I r � � �i'�� -�IRI t i .z r�, ', , �+ N V r21 rl C7 tO cz rnD rnN t G1cm x c I -Im rn cn0 / . p "1 O N $ V 1 N ' rn a I IVD N rn ' m) V ,, ~ i R7 G1 M ` rn 189651v1 V-03 (reserved for recording information) GRANT OF PERMANENT EASEMENT GAYE L. GUYTON, a single person, hereinafter referred to as "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF CHANHASSEN, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on,under, and through land situated within the County of Carver, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit"B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain and excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the access to,location, construction, and maintenance of said public drainage and utility systems. 1 189654v1 V-02 The above named Grantor, for herself, her successors and assigns, does covenant with the City, its successors and assigns, that she is well seized in fee title of the above described easement premises; that she has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that she will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this 10 day of NJ +IhWul ,2016. GRANTOR: III 9 dl. Si aye Guyton STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of Iv ovejm( ,2016,by Gaye L. Guyton, a single person, Grantor. lJ � Notary Public Drafted by: /4.4 ANNE KATHRYN OBEREMBT J1. Notary Public-Minnesota CAMPBELL KNUTSON,P.A. �: 4'>>E My Commission Ex**.,a,31,2021 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 [RNK] 2 189654v1 V-02 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A drainage and utility easement over and across that part of the Lot 2, Block 1,BURESH ADDITION, located in Section 25,Township 116, Range 23, Carver County, Minnesota, further described as follows: Commencing at the northwest corner of said Southwest Quarter;thence North 89 degrees 30 minutes 39 seconds East, assigned bearing, along the north line of said Southwest Quarter, 1279.23 feet to the centerline of State Highway No. 101; thence South 03 degrees 25 minutes 00 seconds West 198.77 feet;thence southwesterly 401.01 feet along a tangential curve, concave to the northwest,having a radius of 546.83 feet;thence South 45 degrees 26 minutes 00 seconds West 826.78 feet;thence South 23 degrees 51 minutes 00 seconds East 158.43 feet; thence South 89 degrees 08 minutes 00 seconds East 1325.00 feet;thence South 00 degrees 52 minutes 00 seconds West 287.60 feet to the northeast corner of said Lot 2 and the point of beginning; thence South 42 degrees 16 minutes 33 seconds West, along the north line of said Lot 2, 91.49 feet; thence South 02 degrees 21 minutes 13 seconds East 80.69 feet;thence South 10 degrees 17 minutes 23 seconds West 120.94 feet; thence South 16 degrees 58 minutes 37 seconds East 61.48 feet; thence South 65 degrees 15 minutes 26 seconds East 62.27 feet to the east line of said Lot 2; thence North 00 degrees 52 minutes 00 seconds East along said east line, 352.22 feet to the point of beginning. 189654v1 V-02 EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT .•- - + -r - •-r - ill I. I I T.l lir n_ _T l llr 1% 1- r V) Z /n 41 3 7 ko Ca im art l N To � W • 0n — - O v00t00 o -1 pa �rU0 j ( •ml ,nVI n,,, 7 O51AO= til f' rc• t -a �nSN � �4� II I tpU NZm I cN.-1 N p• " ,0 0 c7 al 0 V 0 iir • t--- TI ! =� ....CI D N S89'08'00"E Z AI0) Ln 4. / D oo r.3 1 1325.00' N 0 -I - p JN ND rril o 1\01 oo O f oow SIN -iD m- :it. u' ��clj p '/ n D N z - 1 r = CS Fpr %i � �tN(n 0 PI Ci A o rn(7Om 0y co,'4� N > 6 Fl Z <04 N. • 'N �m 0 no *� zcNilmJ r pi- / ../ n0U -Ioc / /i. -Ivt �mcm fTl .. rrrr11 0_,/" o- T z�—I I D - - ' ' "/ m I t°4;%;, mnn OW�0 G)T.O -I 0 11 --1 -1 z %� , Z Z z�Z� OZ mm /'�j�ji ten 2 :0 z -1 �,/ ' NN � 00 ,, . X W 4O v '/i.rn .- mAm .(-7 C 03 Sti x Nr-0 6 x N A' .'J \\N N Z c (C (p. // %," A O in� A �i6 z M < mN I NO�i 1 -1 W to N —, o ri iT CO-1 eo -1 N ni • O fTl b 189654v1 V-02 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT MIN: 1002491-2000049388-7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,a Delaware corporation,as nominee for the Lender WELLS FARGO HOME MORTGAGE, a division of Wells Fargo Bank NA, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement,which mortgage is dated December 28, 2012 and recorded January 8, 2013 as Document No. A569332 with the office of the County Recorder for 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 Easement. Dated this day of ,2016. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., as nominee for the Lender WELLS FARGO HOME MORTGAGE By Name: Title: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016,by ,the of Mortgage Electronic Registration Systems,Inc., a Delaware corporation, as nominee for the Lender Wells Fargo Home Mortgage, a division of Wells Fargo Bank NA, on its behalf. Notary Public Drafted by: CAMPBELL KNUTSON,P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 [RNK] 189654v1 V-02 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT WELLS FARGO BANK,N.A., a national banking association organized under the laws of the United States, which holds a mortgage on all or part of the property more particularly described in the foregoing Grant of Permanent Easement,which mortgage is dated August 6, 2014 and recorded August 22, 2014 as Document No. A598406 with the office of the County Recorder for 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 Easement. Dated this day of , 2016. WELLS FARGO BANK, N.A. By Name: Title: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2016,by ,the of Wells Fargo Bank,N.A., a national banking association organized under the laws of the United States, on its behalf. Notary Public Drafted by: CAMPBELL KNUTSON,P.A. 860 Blue Gentian Road, Suite 290 Eagan,MN 55121 Telephone: 651-452-5000 [RNK] 189654v1 V-02