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4.7. SR 07-20-2015 Request for Action To Item Number Mayor and City Council 4.7 Agenda Section Meeting Date Prepared by ConsentJuly 20, 2015Justin Femrite P.E., City Engineer Item Description Reviewed by Sewer and Water Connection Petition, Waiver, and Tim Simon, Finance Director Agreements Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the attached Petition, Waiver, and Agreements. Background/Discussion In accordance with city policy, Petition, Waiver, and Agreements received in excess of $20,000 require City Council approval. Financial Impact There is no financial impact associated with this approval. All costs will be assessed to the requesting properties. Attachments  Petition, Waiver, and Agreements (2) PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF INSTALLATION AND CONNECTION OF, OR REPAIRS TO, PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 TO: Coity Council of the City of Elk River ✓� kit e I M Gur if tole S(C k o f� h a'Pd(the Owners), owners of the property /-2& located at I N I I o tld R044, and legally described on Exhibit A attached hereto (the Property), Petition the City of Elk River (the City) to pay the costs of installation and connection of, or Repairs to, (the Work) private utility lines located on the Property or in the Right -of -Way directly adjacent to the Property, including: Installation and connection of private water service lines Installation and connection of private sanitary sewer service lines Repair of private water service lines Repair of private sanitary sewer service lines In an amount not to exceed that set forth on Exhibit B attached hereto (Cost of the Work); and, To levy a special assessment against the Property as an unpaid special charge pursuant to Minnesota Statutes, Section 429.101 in the amount of the Cost of Work plus the total of the following charges (if Applicable)% 13,351.0 0 4, 635.60 � 3,S3Z�9N Cost of the Work (from Exhibit B) Sewer Access Charge (fill in current year fee) Water Access Charge (fill in current year fee) Trunk/Lateral Charges (to be determined based on costs to provide services) TOTAL ASSESSMENT AMOUNT (Sum of all listed amounts) Owners acknowledge and agree: 4 Installation and connection: 1) that the Property is required to be connected to the City water and/or sanitary sewer systems; 2) that the Property is not connected to the public water and/or sanitary sewer services as required; 3) that the Work identified on Exhibit B is reasonable and necessary to connect the Property to the City water and/or sanitary sewer system; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Repairs: 1) that there has been a failure of the utility lines on the Property; 2) that the failure of the utility lines has created a public health and safety hazard on the Property; 3) that the Work identified on Exhibit B is reasonable and necessary to eliminate the public health and safety hazard on the Property; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Owners acknowledge that the City may accept or reject this Petition, Waiver and Agreement in its sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and Agreement: 1) to have the Work identified on Exhibit B completed as required by the policies and ordinances of the City; 2) that the Work performed shall be privately contracted by the Owners; 3) that the City shall bear no responsibility for or liability related to the performance of the Work; 4) that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Work; 5) to procure and pay the cost of all permits required for the work; 6) to submit evidence to the City that the Work has been inspected and accepted by the City Building Official; 7) that, upon completion and acceptance of the Work, City shall make payment to the Owner's contractor or other parties who performed the Work in an amount not to exceed the Cost of the Work identified on Exhibit B; 8) that payment by the City of the Cost of the Work shall create an unpaid special charge against the Property; 9) that this unpaid special charge shall be specially assessed against the Property by the City pursuant to Minnesota Statutes, Section 429.101; and 10) that the special assessment shall be payable in /5 equal annual installments with interest accruing on unpaid installments at the rate of All %. Owners expressly waive the right to a hearing on assessments levied pursuant to this petition; expressly waive objection to any irregularity with regard to the assessment of the Property for the Cost of the Work; expressly agree that the amount assessed is reasonable; expressly waive any claim that the amount assessed is excessive; expressly waive all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the Cost of the Work; and expressly agree to pay when due all assessments levied for the Cost of the Work. Owners represent and warrant that they are the sole fee Owners of the Property; agree to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement for Payment of the Cost of the Work; agree that they shall be personally liable for payments not made; agree that this Agreement shall be binding on Owners and Owner's successors and assigns; agree that all assessments levied pursuant to this Petition shall be paid in full prior to or at the time of transfer of the Property to a subsequent owner; agree that this Agreement may be recorded against the title to the Property; and agree that any unpaid or outstanding trunk utility assessments already levied against the Property shall remain in effect and will not be rolled into the assessments authorized by this Petition, Waiver and Agreement. Dated this / day of ✓ 4 2015. OWNER ,OGn;el 4 Mavl�etne 5c4ee�, liaod, By: — Its: For Office Use Application Approved: By: Date: Permit No(s): Work completed on: Approved for Final Payment: _ By: Date: EI k R;ve, Rte e wood Sec -f oo 2 7 Lof il- hCreS Pooc�d 10 EXHIBIT A Legal Description C. ci St l .3 nn �d w v� sl' S ✓�ci �� P 6kck I 605,7 -01-7C EXHIBIT B Work: Cost of the Work: s�� COMPANIES, INC. 13792 247th Ave - Zimmerman, MN 55398 Phone: 763-274-0925 Fax: 763-274-0928 Name/ Address Dan Schoenhard 12011 Highland Rd Elk River, MN 55330 PROPOSAL Date Proposal # 4/8/2015 1752 Project 12011 Highland Rd Elk River Description Total City permit and inspection fee 65.00 Directional boring of 1" poly water line and 4" SC 40 sewer from service connections into basement. This 7,000.00T price also includes all excavation needed. All plumbing permit and inspections fee's. Breaking up concrete floor re route sewer as needed to make 4,600.00 full gravity. Owner provided water meter will be installed and all connections in house for water supply will be made. If possible we will leave outside faucets connected to well Concrete floor will be patched. Pumping and proper abandonment of existing septic tank. Tank will be filled with sand 850.00 20 yards of screened soil cover delivered, leveled, and seeded or disturbed area's 640.00 Two straw blankets, single sided, 8' wide x 112.5' long. Price includes material, installation, and 196.00T staking per blanket. JOB NOTES: 0.00 * We contact Gopher 1 for locates. Gopher State 1 does not locate private utilities. We are not responsible for any damage done to utilities that are unmarked, mis-marked, or private. * Owner is responsible for WAC & SAC charges, etc * Above price includes no repairs to landscaping. * Owner is responsible for all erosion of sediment, maintaining any landscaping, re-seeding/overseeding and washout that may occur. * We are not responsible for any damage done to driveway with heavy equipment. * Above price includes no removal of tree's * Terms are: 1/2 down is due upon signing proposal and balance due when job is complete and invoiced. Signature/Date Total 0=0 $13,351.00 By signing this proposal, this becomes a legal binding contract and paid according to Steinbrecher Companies terms. Should there be any circumstances where Steinbrecher Companies can not complete the job the customer still agrees to pay for time and materials used up to termination of job. Steinbrecher Companies terms are: Payment is due when customer is invoiced. Amounts 30 days past due will be charged a service charge of 1.5% per month or the maximum rate allowable; whichever is higher, until paid in full. Steinbrecher Companies shall be entitled to recover all reasonable costs, charges, expenses, and attorney fees expended or incurred therein from the customer. Checks returned due to ISF will be charged a $30.00 Fee All Parties agree that a signed, faxed copy of this form is "Legal Document." PETITION, WAIVER AND AGREEMENT FOR PAYMENT OF THE COST OF INSTALLATION AND CONNECTION OF, OR REPAIRS TO, PRIVATE UTILITY LINES AND ASSESSMENT OF AMOUNTS PAID AS A SPECIAL CHARGE UNDER MINNESOTA STATUTES, SECTION 429.101 TO: City Council of the City of Elk River D©ugl.9s M. N45on +'fillsYQ 4415 01Z (theOwners), owners of the property located at j I -� 6 d Mer+O I k Si • N 'vVy and legally described on Exhibit A attached hereto (the Property), Petition the City of Elk River (the City) to pay the costs of installation and connection of, or Repairs to, (the Work) private utility lines located on the Property or in the Right -of -Way directly adjacent to the Property, including: Installation and connection of private water service lines Installation and connection of private sanitary sewer service lines Repair of private water service lines Repair of private sanitary sewer service lines In an amount not to exceed that set forth on Exhibit B attached hereto (Cost of the Work); and, To levy a special assessment against the Property as an unpaid special charge pursuant to Minnesota Statutes, Section 429.101 in the amount of the Cost of Work plus the total of the following charges (if Applicable):. 1 V21 L� q 1.00 Cost of the Work (from Exhibit B) 4, 6 3 S X Q Sewer Access Charge (fill in current year fee) $3,532-19 Water Access Charge (fill in current year fee) r S I 00.00 Trunk/Lateral Charges (to be determined based on costs to provide services) TOTAL ASSESSMENT AMOUNT (Sum of all listed amounts) Owners represent and warrant that they are the sole fee Owners of the Property; agree to make payment of all assessments levied pursuant to this Petition, Waiver and Agreement for Payment of the Cost of the Work; agree that they shall be personally liable for payments not made; agree that this Agreement shall be binding on Owners and Owner's successors and assigns; agree that all assessments levied pursuant to this Petition shall be paid in full prior to or at the time of transfer of the Property to a subsequent owner; agree that this Agreement may be recorded against the title to the Property; and agree that any unpaid or outstanding trunk utility assessments already levied against the Property shall remain in effect and will not be rolled into the assessments authorized by this Petition, Waiver and Agreement. Dated this —!?— day of 2olf Its: For Office Use Application Approved: Permit No(s): Work completed on: Date: Approved for Final Payment: 0 Date: Owners acknowledge and agree: Installation and connection: 1) that the Property is required to be connected to the City water and/or sanitary sewer systems; 2) that the Property is not connected to the public water and/or sanitary sewer services as required; 3) that the Work identified on Exhibit B is reasonable and necessary to connect the Property to the City water and/or sanitary sewer system; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Repairs: 1) that there has been a failure of the utility lines on the Property; 2) that the failure of the utility lines has created a public health and safety hazard on the Property; 3) that the Work identified on Exhibit B is reasonable and necessary to eliminate the public health and safety hazard on the Property; 4) that the Cost of the Work identified on Exhibit B is reasonable and necessary to affect the Work and is the responsibility of Owners; and 5) that Owners have been provided the opportunity to pay the Cost of the Work without the City's involvement and have elected, instead, to petition the City to pay the Cost of the Work and to assess the full amount of the Cost of the Work to the Property. Owners acknowledge that the City may accept or reject this Petition, Waiver and Agreement in its sole discretion, for any reason, including, but not limited to, the availability of City funds to pay the Costs of the Work and agree, if the City accepts this Petition, Waiver and Agreement: 1) to have the Work identified on Exhibit B completed as required by the policies and ordinances of the City; 2) that the Work performed shall be privately contracted by the Owners; 3) that the City shall bear no responsibility for or liability related to the performance of the Work; 4) that Owners shall hold harmless and indemnify the City from any claims related to the performance of the Work; 5) to procure and pay the cost of all permits required for the work; 6) to submit evidence to the City that the Work has been inspected and accepted by the City Building Official; 7) that, upon completion and acceptance of the Work, City shall make payment to the Owner's contractor or other parties who performed the Work in an amount not to exceed the Cost of the Work identified on Exhibit B; 8) that payment by the City of the Cost of the Work shall create an unpaid special charge against the Property; 9) that this unpaid special charge shall be specially assessed against the Property by the City pursuant to Minnesota Statutes, Section 429.101; and 10) that the special assessment shall be payable in /S equal annual installments with interest accruing on unpaid installments at the rate of .4.18 %. Owners expressly waive the right to a hearing on assessments levied pursuant to this petition; expressly waive objection to any irregularity with regard to the assessment of the Property for the Cost of the Work; expressly agree that the amount assessed is reasonable; expressly waive any claim that the amount assessed is excessive; expressly waive all rights of appeal, including any rights under Chapter 429, Minnesota Statutes, from the assessment by the City of the Cost of the Work; and expressly agree to pay when due all assessments levied for the Cost of the Work. EXHIBIT A Legal Description c I k Rwu- Cz-+ L�� �+ . (�lock3 SC ��� 2 l (- 7 ow, i� 6,'jo 53 Ro z 26 Nk�r?1 10 � 5-- q26-030 Work: Cost of the Work: s�� COMPANIES, INC. 13792 247th Ave - Zimmerman, MN 55398 Phone: 763-274-0925 Fax: 763-274-0928 Name/ Address Anita Nelson 19360 Norfolk Street NW Elk River. MN 55330 PROPOSAL Date Proposal # 2/12/2015 1719 Signature/Dat �,-v - I Total �,_v— � $12,491.00 By signing this p(Qp6salfothis becomes a legal binding contract and paid according to Steinbrecher Companies terms. Should there be any circumstances where Steinbrecher Companies can not complete the job the customer still agrees to pay for time and materials used up to termination of job. Steinbrecher Companies terms are: Payment is due when customer is invoiced. Amounts 30 days past due will be charged a service charge of 1.5% per month or the maximum rate allowable; whichever is higher, until paid in full. Steinbrecher Companies shall be entitled to recover all reasonable costs, charges, expenses, and attorney fees expended or incurred therein from the customer. Checks returned due to ISF will be charged a $30.00 Fee All Parties agree that a signed, faxed copy of this form is "Legal Document." Project 19360 Norfolk ST NW Elk River Description Total City permit and inspection fee 65.00 Directional boring of 1" nater line from outside garage to inside utility room in house 2,000.00T All labor and material to install new 1" plastic water line from curb stop to outside garage. New 4" SC40 6,000.00 sewer pipe from service connection to begriming of septic tank. All plumbing permit and inspections fee's. Breaking up concrete floor re route sewer drains as needed. 2,855.00 Owner provided water meter will be installed and all connections in house for water supply will be made. If possible we will leave outside faucets connected to well Concrete floor will be patched. Pumping and proper abandonment of existing septic tank. 550.00 Removal and disposal of 2 pine tree's in proposed excavation area. 600.00 12 yards of screened soil cover delivered, leveled, and seeded or disturbed area's 225.00 Two straw blankets, single sided, 8' wide x 112.5' long. Price includes material, installation, and 196.00T staking per blanket. JOB NOTES: 0.00 * We contact Gopher 1 for locates. Gopher State 1 does not locate private utilities. We are not responsible for any damage done to utilities that are unmarked, mis-marked, or private. • Owner is responsible for WAC & SAC charges, etc • Above price includes no repairs to landscaping. • Owner is responsible for all erosion of sediment, maintaining any landscaping, re-seeding/overseeding and washout that may occur. • We are not responsible for any damage done to driveway with heavy equipment. • Terms are: 1/2 down is due upon signing proposal and balance due when job is complete and invoiced. 0.00 Signature/Dat �,-v - I Total �,_v— � $12,491.00 By signing this p(Qp6salfothis becomes a legal binding contract and paid according to Steinbrecher Companies terms. Should there be any circumstances where Steinbrecher Companies can not complete the job the customer still agrees to pay for time and materials used up to termination of job. Steinbrecher Companies terms are: Payment is due when customer is invoiced. Amounts 30 days past due will be charged a service charge of 1.5% per month or the maximum rate allowable; whichever is higher, until paid in full. Steinbrecher Companies shall be entitled to recover all reasonable costs, charges, expenses, and attorney fees expended or incurred therein from the customer. Checks returned due to ISF will be charged a $30.00 Fee All Parties agree that a signed, faxed copy of this form is "Legal Document."