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4.12 SR 06-06-2022Request for Action To Item Number Mayor and Ci T Council 4.12 Agenda Section Meeting Date Prepared by Consent June 6, 2022 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Morton Avenue Professional Service Ryan Sandhoefner, Engineer 1 Agreement Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Professional Service Agreement with Bolton and Menk, Inc., for the Morton Avenue Subwatershed Hydrologic Modeling Study and Recommendations Study for the Not -to -Exceed Fee of $14,830. Background/Discussion The intent of the Hydrologic Modeling and necessary surveying is to provide recommendations for potential solutions regarding the volume treatment of stormwater at Morton Avenue from 41h Street between Proctor Avenue and Norfolk Avenue. Temporary street flooding most recently occurred last month near 319 Morton Avenue due to a storm that produced a high rate of precipitation. Financial Impact Not -to -Exceed Fee of $14,830 to be funded by the City Stormwater Budget. Mission/Policy/Goal Meet changing needs - Agile Attachments Request for Proposal Information The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires pi ospei ly. M TUREJ Updated.• August 2020 REQUEST FOR PROPOSALS MORTON AVENUE SUBWATERSHED HYDROLOGIC MODELING STUDY AND RECOMMENDATIONS STUDY SECTION I: GENERAL INFORMATION Contract Administration All correspondence regarding this Request for Proposal (RFP) and the proposed project must be addressed to: Brandon Wisner Engineering Project Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 bwisner&elkrivermn.gov All firms whom download this RFP are requested to register their name and email address by sending an email to bwisner&ElkRiverMN.gov. Any revisions or corrections to this RFP, after it has been posted, will be communicated to those registered RFP holders. Failure to register your contact information is at your own risk. A proposal will not be considered if it fails to include all requested information as detailed in this original RFP and any subsequent modifications. Acceptance of Proposal Contents The contents of this RFP will be included as part of the contractual obligations if a contract ensues. All information in the proposal is subject to disclosure under the provisions of Minnesota Statutes Chapter 13 — Minnesota Government Data Practices Act. Project Overview The City of Elk River intends to retain a firm to provide full professional engineering services needed to successfully complete a Hydrologic Modeling Subwatershed Study and provide recommendations for potential solutions. The subwatershed is near the downtown area and consists of urban sized residential properties at approximately 1/3 d acre. Stormwater that contributes to this system are generally from the front half of homes and properties, midpoint of 41h Street between Proctor Avenue and Norfolk Avenue, Morton Avenue at Main Street (smaller diameter pipe connection, see as-builts) and eventually the area south of Main Street on Morton Avenue outfalls to a small sediment basin just south of 82 Morton Avenue, Elk River (see attached Request for Proposals Northeast Elk River Urban Services Expansion Study -------------------------- Page 2 of 6 survey). It is presumed that the storm system is undersized for the amount of volume it receives. The stormwater within Morton Avenue at 319 Morton Avenue has occasionally found its way through the private driveway, outside of the right-of-way. The intent of this study will require surveying in certain areas of the subwatershed in order to identify existing emergency overflow locations, and to identify potential areas for stormwater treatment and necessary proposed emergency overflow areas. The intent is not to purchase any property or homes for stormwater volume treatment, instead the intent is to use existing public right-of-way. Potential dialog may be started with the Minnesota Department of Transportation if necessary for potential recommendations in the 41h Street and TH10 area. SECTION 2: OVERALL SCOPE OF SERVICES The services required of the Consultant are anticipated to be provided beginning in June 2022. The following are general work tasks and deliverables that shall be included in the Consultant's proposal 1. Full hydrologic modeling of this subwatershed. An estimate of the subwatershed is attached but will need to be fully determined by the consultant during the study, along with any other associated details. 2. Topographic survey of necessary properties to determine drainage area, existing physical and/or overland emergency overflows, potential impoundments, and any other surveying necessary to determine potential recommended solutions that will provide volume treatment for stormwater in this subwatershed. 3. Provide recommended solutions to achieve alleviate highwater caused by stormwater during precipitation events (i.e. wet pond(s), dry pond(s), underground infiltration or filtration pipe system(s) or existing stormwater pipe modifications within reason etc. SECTION 3: REQUEST FOR PROPOSALS (RFP) The RFP submittal shall contain only the information requested below. RFP Format The submittal should follow the Table of Contents listed below: 1. General Information 2. Project Understanding 3. Project Approach 4. Proposed Project Team and Experience 5. Schedule 6. Any Additional Information as Needed 7. Total Consultant Cost 8. Insurance Certificate A brief description of each section is as follows: \\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement Projects\Morton Avenue Subwatershed Hydrologic Modeling\RFP Morton Avenue.doc Request for Proposals Northeast Elk River Urban Services Expansion Study -------------------------- Page 3 of 6 General Information Give general information and a brief history of the Consultant's firm. Include similar information on key subconsultants, if any, proposed for the project. 2. Project Understanding Include a summary of the Consultant's understanding of this project. 3. Project Approach Provide specific approaches, methods, and assumptions that will be utilized to accomplish each work item as listed in Section 2. 4. Proposed Project Team and Experience ■ Identify the key project team members and describe their specific roles on the project. Include key team members from sub -consultant firms if any. ■ Describe relevant experience and provide information on at least three (3) reference projects completed in the last six (6) years. Provide references and contact information. ■ Include one -page resumes only for key members of the project team ■ Include specific descriptions of proposed team members' roles on reference projects. Schedule Provide a proposed schedule from project initiation to final completion of construction. The schedule should include a listing of key tasks within each phase, key milestones and approximate dates, and deliverables. 6. Additional Information Include any other information that is believed to be pertinent, but not specifically requested elsewhere in this RFP. 7. Total Consultant Cost The consultant cost should be broken out as follows: a. Proposed costs for each scope of work as listed in Section 2. b. Hourly rates for all consultant employees who are expected to work on this project. These rates shall be the agreed upon costs for any additional services requested by the City of Elk River, above what is detailed in the RFP. c. Reimbursable costs including detail of service or item and applicable charge per unit. d. Not to Exceed cost for the project. Proposals that do not include a `Not to Exceed' cost will be disregarded with no further consideration. It is the responsibility of the proposing firm to accurately predict the amount of time that they will need to spend on design services. 8. Insurance Certificate \\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement Projects\Morton Avenue Subwatershed Hydrologic Modeling\REP Morton Avenue.doc Request for Proposals Northeast Elk River Urban Services Expansion Study Page 4 of 6 -------------------------- Indicate ability to provide all necessary insurance certificates. SECTION 4: CONSULTANT SELECTION Proposals will be reviewed and evaluated by a team of City staff on the basis of the following criteria: 1. Consulting firm and key project staff experience with similar projects to this, including the conducting of State Aid plan development, approval and administration. Preference will be given to firms with experience in the geometric design and construction of multi -lane roundabouts. In addition to understanding technical issues and having sound technical/engineering expertise, the Consultant must also have an awareness and understanding of the social/political issues that can surround a project of this nature, and must possess the personal and leadership skills necessary to navigate the project through the public process. 2. Proven track record in successfully completing similar projects on time and within budget. Successful experience of both the firm itself and the individual team members will be considered. 3. Proposed approach to completing the project 4. Proposed consultant cost Following review of the Proposal's by the City, only selected Consultants may be asked to make oral presentations of their proposals to City representatives. Upon conclusion of the presentations, staff will select a Consultant to negotiate a contract as follows: 1. If, for any reason, a firm is not able to commence the services in that firm's Proposal within 30 days of the award, the City reserves the right to contract with another qualified firm. 2. The City shall not be liable for any expenses incurred by the Consultant prior to the signing of a contract including, but not limited to, the Proposal preparation, attendance at interviews, or final contract negotiations. 3. The Proposal must be signed in ink by an official authorized to bind the Consultant to its provisions that will be included as part of an eventual contract. The Proposal must include a statement as to the period during which the Proposal remains valid. This period must be at least 90 days from the date of the submittal. 4. The City reserves the right to reject any and all Proposals submittals or to request additional information from any or all of the proposing firms. SECTION 5: CONTRACT TERMS AND CONDITIONS Upon selection of a Consultant, an Agreement or Contract for Services shall be entered into by the City and the Consultant. Attached is the City of Elk River standard contract that will be used. It is expected that the contract will provide for compensation for actual work \\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement Projects\Morton Avenue Subwatershed Hydrologic Modeling\RFP Morton Avenue.doc Request for Proposals Northeast Elk River Urban Services Expansion Study -------------------------- Page 5 of 6 completed on a not to exceed basis, and the following conditions. The contract will be amended as appropriate for each successive phase. 1. Deletions of specific components, such as individual project meetings, will be at the discretion of the City. Payment or reimbursement shall be made based on actual hours worked on the various tasks required for the project plus necessary subcontractor work (as applicable) and out of pocket expenses. Billing that exceeds the not to exceed amount will not be compensated unless a contract extension has been approved in advance by the City Council. 2. The City shall retain ownership of all documents, plans, maps, reports and data prepared under this proposal. In addition to being provided hard copy and digital documents throughout the project, upon completion, the consultant shall supply the City of Elk River with a fully scanned (Laserfiche) project file. 3. If, for any reason, the Consultant is unable to fulfill the obligations under the contract in a timely and proper manner, the City shall reserve the right to terminate the contract by written notice. In this event, the firm shall be entitled to just and equitable compensation for any satisfactory work completed to that point at the discretion of the City Engineer. 4. The Consultant shall not assign or transfer any interest in the contract without prior written consent of the City. 5. The Consultant shall maintain comprehensive general liability insurance in accordance with Section 466.04 of the Minnesota Statutes. 6. The Consultant shall defend, indemnify and hold harmless the City of Elk River, its officials, employees and agents, from any and all claims, causes of action, lawsuits, damages, losses or expenses, including attorney fees, arising out of or resulting from the Consultant's (including its officials, agents, subconsultants or employees) performance of the duties required under the contract, provided that any such claim, damages, loss or expense is attributable to bodily injury, sickness, diseases or death or injury to or destruction of property including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission or willful misconduct of Consultant. 7. The Consultant contract shall be governed by the laws of the State of Minnesota. 8. Project summaries shall be submitted with each invoice during the course of the project. Each summary shall detail the amount billed to date, work items that need to be completed, the estimated costs to complete these tasks and the projected timeline for the completion of the project. Invoices submitted to the City shall include a detailed breakdown of times, personnel, mileage, etc. chargeable for that period. SECTION 6: CONCLUSION Any requests for additional information that may be needed for the preparation of the proposal should be directed to Brandon Wisner at 763.635.1000 or bwisner&ElkRiverMN.gov. All questions must be received before 4:30 pm, May 25, 2022. No questions after that time will receive a response. Submittal of Proposal \\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement Projects\Morton Avenue Subwatershed Hydrologic Modeling\REP Morton Avenue.doc Request for Proposals Northeast Elk River Urban Services Expansion Study -------------------------- Page 6 of 6 Please provide 3 paper and one electronic (pd� copy of the Proposal for the evaluation process. Submittals shall be addressed to: Brandon Wisner Engineering Project Manager City of Elk River 13065 Orono Parkway Elk River, MN 55330 Proposals will be accepted until 4:30 p.m. on May 31, 2022. \\dc3-elkr\shared\Departments\Public Works\Engineering\$IMPROVEMENT PROJECTS\2022 Improvement Projects\Morton Avenue Subwatershed Hydrologic Modeling\REP Morton Avenue.doc mover 13065 Orono Parkway Elk River, MN 55330 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made this day of , 20, between the City of Elk River, Minnesota ("City"), whose business address is 13065 Orono Parkway, Elk River, MN 55330 and ("Consultant") whose business address is PRELIMINARY STATEMENT The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms, or corporations providing such services enter into written agreements with the City. The purpose of this agreement is to set forth the terms and conditions for the professional services Consultant will provide in connection with , herein referred to as the "Work". The City and Consultant agree as follows: Work. The Consultant agrees to provide the professional services described in Exhibit "A" attached hereto (the "Work"). 2. Time for Performance of Services. The Consultant shall perform the services described in Exhibit A according to the schedule attached as Exhibit B, hereto. Compensation for Services. City agrees to pay the Consultant $ for the Work. Any changes in the scope of the Work which may result in additional compensation due to the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. 4. The City agrees to provide the Consultant with the information required to complete the Work. Page 1 of 9 Standard Agreement For Professional Services Method of Payment. The Consultant shall submit itemized bills for professional services performed under this Agreement on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. Project Manager and Staffing. The Consultant has designated the individuals identified in Exhibit A as the Project Manager to serve on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs or damages arising from unreasonable delays in the completion of the Work. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to the work performed under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. Term. The term of the Agreement shall be from through the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 10. Termination. This Agreement may be terminated by the Consultant effective upon sixty (60) days' written notice delivered to the City at the address written above. The City may terminate this Agreement effective immediately, upon with notice to the consultant. Upon termination under this provision, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If, however the City terminates this Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Page 2 of 9 Standard Agreement For Professional Services Consultant, and the City may retain another consultant to undertake or complete the Work. 11. Independent Consultant. At all times and for all purposes herein, the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Non -Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 13. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the prior written consent of the other party. 14. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for in Exhibit A shall be honored by the City. 15. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 16. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 17. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. The Consultant and City, together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Page 3 of 9 Standard Agreement For Professional Services 18. Waiver. Any waiver by either party of a breach of any provision of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. Indemnification. Consultant agrees to defend, indemnify and hold harmless the City and its officials, employees and agents from any liability, claims, damages, costs, losses judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. 20. Insurance. A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims for bodily injury or death, or for damage to property, including loss of use, which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Workers Compensation Employer's Liability Comprehensive General Liability Statutory Limits $500,000 each accident $500,000 disease policy limit $500,000 disease each employee $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Complete Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 9 Standard Agreement For Professional Services Comprehensive Automobile Liability Umbrella or Excess Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non -owned vehicles. $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products -completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG 0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Elk River" as an Additional Insured, on ISO form CG 20 10 07 04 or such other endorsement form as is approved by the City. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation Insurance is provided through a state fund if Employer's liability coverage is not available. i. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a Page 5 of 9 Standard Agreement For Professional Services professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of $2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Agreement at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be applied on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Elk River"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Elk River" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All policies shall contain a provision that coverages afforded thereunder shall not be canceled or non -renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph 20, must be filed with City prior to the start of Consultant's Work. Upon request, a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of Page 6 of 9 Standard Agreement For Professional Services insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees, or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Records Access. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse Page 7 of 9 Standard Agreement For Professional Services of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in Exhibit A, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. In addition, no subcontractor can file alien against the City. 24. Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Elk River unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a Mediated Settlement Agreement, which Agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 25. Conflicts. No salaried officer or employee of the City and no member of the City Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. Any federal regulations and applicable state statutes shall not be violated. 26. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Page 8 of 9 Standard Agreement For Professional Services 27. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. 28. Governing Law. This Agreement shall be controlled by laws of the State of Minnesota. Executed as of the day and year first written above. City of Elk River Mayor City Clerk Firm Name B Page 9 of 9 Standard Agreement For Professional Services ,� ------------ "- -: �v E4^f h �v Iwo 0* X OFF very FF EmPa f 98 how$ 4th St f• . .., t. Ir � . r 0 � i r , r Main St r `LJ Norfolk Ave< t` 41, ,.� Morton Ave. -ATs h $ City Approximate Subwatershed _ E Area for Morton Ave Sewer lA.1VeY' .. 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ITY OF ELK RIVER FOURTH STREET -� ow�rd R Gri:en C ornp ny 15+00 TO zo+oo 17 STREET SEE SHEET 2c DAIRY OVEEN INFORMATION: K ". CONTACT SCOTT MITCHELL JR. 163-441 1S25 2. "OURS OF OPLRANON f 11AM--IQPM DAILY 3. WATER SHUT OFF MUST BE DONE 0 TSIDE OF BUSINESS HOURS DELIVERY SCHEDULE GAR©AGE: MON,, WED., FRID, T BREAD: DAILY EXCEPT 4 BUD. & SUN. OTHER WED. ('2) SAT. ( 1 ) 5. CONCRFTE TO BE. HIGH EARLY STRENGTH rvao z CONNECT TO Fe - EXISTING WATFRMAIN MILL EXISTING BITUMINOUS URFACE i 5' DEEP X 4' WIDE. iRAIGH1 LINE CUT, TACK & MACH ENS TING BITUMINOUS SEE SH_FT 13 925 925 - — ` — — - HIGH RNIN F R V 904 22 - i OW POINT TIFV BSC53i j -. HCH ATNT STA 11 =AX?4. 1: I RR POINT LT I �' 20.03 s3 L_ PC TA 2 as Ao -.. j 920 . - PVI 5 A 20+?5 - - ` '— - -_ PVI n FV'- 904 48 - -- L__ - �. _ . PVI Fl FV 907,17 - . ( _ A D - : DA 1.51 915 r K 60?- �_—_ y -.-- _-. . -. ,____ 1 _ _ Lncnc- + __ 915__ 1.D6 b VC� + -E�r ( + .. + - — - -_- 910 vj - oPQ 7 PIQF X- 905 -m -- I __ ;0 ti� J,1 PR t --- -- -- 905 — - ..-i fib% __ -.- _ _ ---. -.- - - 900 &97,21 IN __ MIN 7 t - IN SAM! r 890 --- — :-- - �— -- A -- -- " �� NU 2 I� �, ECG? PLAN x A -- i?04 - II FN R r AN R _� a. - TrzR P a.ve __— 0+� O 8 e, EET PLAN PROF ry._ .. ` :rf c F 4$u' sCiTY OF12003 RELK 14Efl IMPROVEMENTS FOURTH D STREET 18 1 C7VV?,Rrd R. �.il"C.E2(1 Ci�i71 Je3(i T 2 T 23t 2 I i,-MATCH EOSTING N TE NORFOLK AVENUE /I CURB & GUTTER —TR SERVICE OCAFIONS TO BE DETERMINED , F I SIGN IN Ot FIE BY ILE ENCINIE-H, INSTALL CURB STOP AT NOW T&! FIGN AS (24�24) P8 64P (24,12 (SCHOOL HOURS) A RFFT NAMF AN I XjSTNo 517 5MINTUS WIDE. LEEP X "�—R&l STRAI F 'N TEA SIGN KB --CA jA 124x24 W 11A,1117Z 'R'av` CONSTRUCTION LIMITS DI'h�RFH TO 'Yorp 32T19' RAP G i SEE NI I/ IT I I )IIT'o FX S I ' ' __7 GjU N�, A A A- i T. TV SFWFR SERVICE HYD A/ VALVEF�V�1�1,"' T I I, , , �J� , N& SIGN Ci -2 (3 LIFA� Rl ­D'�/ V LVE C A ROTF T 11 11E , ' �j ' _S' -6 LEAD GA RDEN 12%6" TFP` G CONCRETE DO,EWAY— ADJUST L RCP RING & CASTINC ULU 4 0% APRON (TYP.) 'T S' VAI 'E_- ,II T, GONG ETE PEDESTRIAN S, 101, _oN RAMP TYPj' CIT. COUN(3:1 RPSERYES TIE RIGHT 10 DELETE THE SIDEWALK AND TREE - -- ----- -------------- REMOVAL TOR NORFOLK AVENUE ND MODIFICATIONS 10 ANY BID UNIT 2, .'RACES DOES WILL BE ALLOWED IT SIDEWALK 15 DELETED, A IT INSTALLED, SIDEWALK Wl)3H TO BE 5' SEE SHEET 17 -- ---------- ­­------- ------- — --- ----- - - 'E -100,00' V(" 915 - ----------- -------- - - POINT CLE� 0 904.23 915 + 10 V POINT SIA 0179 73 I PET STA 0+80 910 --- - ----- ----- ..... ... - -------- -- — — ------ A PVI ELEV 9 h AZ� 01 9 IN, '/L P"o, A­� I/L YOU ILE K SS45 ------ --- -----oYr 905 - ------------- - L5 -------- 990 _1 -- — --- - - - — -- - ---------------- AS AN IS 895 ---- --8-95 - -------- 4 890 ---------- — ----- 890 885 --------- ------------ - -- --------- ----- -- ----- -- -88, - ---------- - S80 PLAN ... . ....... JANUA� 9`004 880 ----------- Sig 81 'AT g — --------------- - - ------- - -- L - - -- - ----------- 4+0 3 00 ?'n0 i on r) Lon R,FR- .. ......... 131, --------- "A pany I A __"_j , STREET IMPROVEMENTS A,, 1­1 J' P"N'-) BY 1. 1 11, N­ PLAN AND PRORL IF cnu A', crry OF ELK RIVER NCfFOLK AVENUE YS� L L=_ - ­­­ Howard R. Green Com ----------- ' - - _ _ 0+00 TO 5+93 22� MORi AV ENUI i I r MATCH EXISTING CURB & C TER I . �\ I { E&i SIGN PROTEcr RES 'S`^ `L5 iRFET NAME 32 12 RCP CLV I (S 0 SlJi GONCRr 7E DRIVI-Wr y 5 ? APRON ( GARDEN a t� \, AO115T 4A VF __-._ U'$913 f —�- - _ > �? RSi 3�� 4 2 2 '' ''. y' ( R8-3A (7 12) 2AM FAM) k oi_ �j 3 \ % w GLWP65HlfT `.\ it 33 R MILL XE 10' DEEP N9US r SUf ACE 1 5 UELP X G WIDE FFGFJRP ,irt. -12" RCP CtJll 0.50% MADJU T CIRS SMN BtTUMANO` RVI T LIL DARE IF _ AINEOM !' ZO 1'I DTk 90 V w( i H MATCH EXISTING CURB & Ot1TTER NOTE WATER SERVICE LOHE FN SI TO BE INSTALL CUD IN THE I ROW. BX THE rNCYYCIEER_ INSTALL CURB STOP' At R9W. fr SEE S4EET 7& 91 rJ 29IN CJEtEV 835 L_ __ -. -. HOW PORN S A N 3--. -. , 90.0VC PVI STA= 3 7147 __� 9000 VC __- ASS)AC- 0+1p I PM FIE I SD5 37 ( ( - ( -. PVI ELHV -. B02 C& "' PV STA 2++SC 2 ACt V 2C m -- 910 9�fl ... _. .. '- 4 -�« AD - 26 M1t _--_) l PA (7V 2 06,85 K S-2 {�4 KM 915 fit X -3945 _-- ( 7do 905 905 f r 90 W VC I � m� � i II 60 900 6 7� PROPase9 c/F PA,CH - i 900 E - n w— cx;-ri7i t neoF e,. _ m m t - 896,05 5N� - :. 895 i _ —a— � � 7a' RCP 895 142 21' RCF UJII lG23,$' 892.47 N - i - ..ago 89197 S __ -RECORDsaa -PLAN 88-5�880880 _-mI m min �'� �I mid wiN my i� n ---- m ---- `-------- m. ------ m xi w �ro — m m� �0 ( 3+00 11 11 R D. t (F FDP 01 Wh BY P -� F)G44 i8 ,..., x.. r r 1 u — -" �PHovSar ~f` r `s' 2003 STREET IMPROVEMENTS PLAN AND PROFILE a9 ' OF ELK RNER ON AVENUEOf7Y IMppT-d R Green Company o+ooros sOJ---------------- -- " 23---- I , i I I _7 777 CURBSTOP TIES: CURBSTOP TIES; CURBSTOP TIES: CURBSTOP TIES: CURBSTOP TIES: S-SM-MH=111' S-5TM-MH=154' 5TM-MH=45� S-STM-MH=42' S-SAN-MH=89' N-STTM-MH=166* N-STM-MH=122' 5AN-MH=78 SAN-MH=20' N-SAN-NiHzI55' fRIM VI EXISTING SIDEWALK REMOVE All SIDEWALK (BITUMINOUS AND REPLACE WITH NEW REMOVE EXISTING SIDEWALK- MATCH EXISTING AND/OR CONCRETE) BOTH SIDES OF SAN-TAP; 216'L SAN-TAP; 312'V SIDEWALK (TYP,) STREET EXCEPT MERE NOTED TO SAVE AND REPLACE NTH NEW "U-H SAN-TAP: 127'V 5 227 "3 243N-TAp179:V SAN-TA��Y,4V MORTON AVENUE R � - - I j' 9, ENDS HER.'., : d= ' �' P; 21. E RE EXEC, 226 R �8 23,t E 5.57 IN STORM SEWER (20IFT PEz886.86 REMOVE AND REPLACE NORTH OF MANHOLE SAN-TAP: 154'R EPA rFR 5 S WA NIE=88LO1 YARD DRAIN E=880.9 NIE=875 38 5 LF EXISTING CURB (2 R S-Top OF PIPE 0 E�875.34 AND GUTTER 15 VERY SHALLOW q REMOVE EXISTING SIDEWALK I L I US REMOVE EXISTING SIDE SAN-TAP: 267'V SERVICE TAP-PLUSGrAND SAWCUT AND E W MA AND REP WALK A" LACE NTH NEW AND REPLACE NTH NEW MATCH OF (STING C ELNM AND REPAVE SAN- TAP: 270 SERVICE ABANDUSED N IF NOT CURRENTLY EXISTING PAVEMENT T, RE TE: PROTECT AL BEING OSE (AFT SOUTH OF m STREET -CURB TO CURB NO D CURBSTOP TIES: (PROTECT CURB) TORM SEWER INLETS MANHOLE) STILL IN SERVICE M 5 STM-TAP 273-V CURBSTOP TIES: 55 -MH=105* U N-STTCUP95rOP TIES: C P95TOP TIE CURBSTOP TIES: CUP85TOP TIES: M-MH=167' S-STM-MH=156' 5STM-MH=226' S-STM-MH=46' 5-STM-MH=86' S-SAN-MH=174' FOR WATER SERVICE REPAIRS N-STM-MH=118' N-STM-MH=49* SAN-MH=24' IAN-MllO' N-SAN-MH=110* SEE TABULA TTON IN FILE MORTON AVENUE x -- - - ---------- J w 0 C TE a: IL z w Z IL�7�1 EXISTING CONCRETE EXISTING REMOVE AND REPLACE F_ NEW CON RE RECLAIM AND REPAVE uj a: Lu DRIVEWAY/SIDEWALK BITUMINOUS L CONCRETE SIDEWALK SIDEWALK BITUMINOUS STREET CB-22-JZE=877.77 >02 z set —IT NIE=872.57 z W w SIE=872.47 > L > ao CLARBSTOP TIES: CB-23-RE=877.76 z W-ca=lo, 0 0 IE=874.66 a: 4c In RE=860.37 STM-MH=35' CR-24-RE�878,55 LL' L Z IE=858.22 RECLAIM AND REPAVE REMOVE 24 X 517 G rE_8 75.30 L6 0 Dii 02 P j B;aU STREET -CURB TO CUR'I3--, E P 0 33 LF ADD 24,K36 (PROTECT CURB) SAN-AAH 15Q. SILT FENCE CASTING '13 RE=878.98 r j lu 0 W REMOVE AND 7 J W MORTON AVENUE A MOLD )TABLE 00 CURB A z REMOVE AND REPLACE 5 LF EXISTING CURB NrE=860,79 > ORTON AVENUE yIWIE=857 0 NO GUTTER z RAISE STORM SEWER SIE=860.76 0 MANHOLE TO STREET 200 21 S" m GRADE ADD 24�36 WET TAP 6". 6"TaU SA TAP: 267'V r- HYDRANT, 6' RSV AND NIE=856.90 REMOVE AND REPLACE i4cl�v SEIE 856.85 NOTE: PROTECT ALL 7 LF EXISTING CURB CASTING �(TlftLEW STORM SEWER INLETS AND GUTTER HYDRANT, 6-DIP X D' RE=866.24 ADD 24x36 IY WAIK E) 1) CA N CB-18-RE-865.46 EIE=862.14Ll2"PCP) REMOVE 2OLF EXISTIN NOTE: PROTECT ALL STM-M as s-y000z m -CONSTRUCT STORM SEWER INLETS Z NIE=862.14 PEDESTRIAN RAMP NIE=873.69 24"ACP(No FE)TE 856.4 IE=861.41 C CURB RE=87& ­- ­ JLY NIE=861.21 5:EE=873.69 AVE DRIVEWAY ctiFcrcEo..o Na em VVIE=86 16 CURBSTOP TIES: CURBS TOP TIES; CLARBSTO TIES� CB-20-REI*=865.94 T 5-6713=32' 5-Ce=103' 5-CR=32' P no NC7226_214 IE=861.24see N-CR=145 N-478=74' STM-MH=11' MORTON AVENUE SAN-TAP: 1681 6 " 0 Office of the County Recorder Sherburne County, MN Doc. No. 903246 Certified, filed, and or recorded on October 21, 2020 10:IS AM Michelle Ashe, County Recorder By SD Deputy Fees: $46.00 III IIIIIIIIIIIIIIIIIIIIII III 903246 GRANT OF EASEMENT FOR STORMWATER DRAINAGE PURPOSES THIS GRANT OF EASEMENT is made to this day of ()JL1 r e , 2020, by the Riverview Place Townhomes Association of Elk River ("Grantor") to the City of Elk River, a Minnesota municipal corporation ("Grantee"). RECITALS Grantor is the owner in fee simple of real property in the County of Sherburne, Minnesota, which is legally described as: That part of Lot Two (2), Block Two (2), Riverview Addition in the Village of Elk River lying South of a line at right angles to the West line of said Lot Two (2) at a point Two Hundred Fifteen (215) feet South of the Northwest corner thereof. AND Lot One (1) of Auditor's Subdivision Number Three (3) lying West of the West line of Lot Two (2), Block Two (2), Riverview Addition, in the Village of Elk River (the "Property"). Grantee desires to use a portion of the Property for stormwater management purposes, including a stormwater drainage pipe and swale. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor: Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent, non- exclusive easement (the "Easement") for the purpose of permitting Grantee to install, operate, maintain, repair, remove and replace a drainage pipe and swale to carry stormwater across that portion of the Property legally described and depicted on the drawing attached hereto as Exhibit A (the `Basement Area") together with the right of reasonable and necessary ingress and egress to and from the Easement Area in connection with the exercise of the rights granted herein. The Easement shall permanently run with the title to the Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns, including, without limitation to, all subsequent owners of the Property and all persons claiming under them. 2. Use of Easement Area by Grantor: Reservation of Ri41ts. Grantor hereby agrees that it will not perform or allow or cause the construction of any improvements on the Property which could damage or obstruct the drainage pipe or the drainage improvements in the Easement Area; or interfere with Grantee's access to or use of the Easement. Grantor hereby reserves and retains all other property rights in and to the Easement Area including, without limitation, the right to make aesthetic improvements and to use the Easement Area for any purpose which does not interfere with the purpose of the Easement or the Grantee's rights hereunder. 3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair and/or removal of the drainage pipe or other drainage improvements performed by Grantee, its agents and employees, shall be performed at Grantee's sole cost and expense. Grantee shall have the right to enter on the Easement Area for the purpose of maintenance and repair of the drainage improvements at any time. Maintenance or other work which requires the surface of the Easement Area to be excavated shall only be commenced after ten (10) days' notice to the Grantor, except that in an emergency the work may be initiated upon such notice as is reasonable under the circumstances. 4. Restoration by Grantee. Grantee will restore and maintain the Easement Area to the same standards as similar stormwater facilities within the city. If the surface of any portion of the Property outside of the Easement Area, or any landscaping, curbing, pavement or other improvements thereon, shall be disturbed by the installation, operation, maintenance, replacement, removal or other activities performed by or on behalf of Grantee in connection with the Easement, said surface and improvements shall be restored by Grantee to their condition prior to such disturbance. 5. Prohibition Against Liens. Grantee shall not permit any mechanics', materialmen's or other liens to be filed against the Property, or any part thereof, for works or materials furnished by Grantee in connection with the Easement, and Grantee agrees to indemnify, defend and hold Grantor harmless from and against the same. 6. Warrant\ of Title. Grantor represents and warrants to Grantee that Grantor is the only owner of fee simple title to the Property, and that there are no (i) owners of mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other encumbrances or verbal or written agreements of any nature whatsoever affecting title to the Property. Grantor, on behalf of itself, its successors and assigns, hereby indemnifies and holds harmless Grantee against and from any and all claims for loss, damage, or expenses which may be incurred by Grantee based upon any claim from a party whose consent was required (but was not obtained) for this Grant of Easement. 7. Govemin4 Law. This Grant of this Easement shall be construed and governed by the laws of the State of Minnesota. [signature pages follow] 2 IN WITNESS WHEREOF, the parties hereto have executed this Utility Easement Agreement on the above date. GRANTEE: CITY OF ELK RIVER By: i� f Jo J. etz Its ayor By: Tina Allard Its City Clerk STATE OF MINNESOTA ) ss. COUNTY OF _ ) The foregoing instrument was acknowledged before me this day of " 2020, by John J. Dietz and Tina Allard, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation under laws of the State of Minnesota, on behalf of the corporation. 2� JESSICA R MILLER Notary Public NOTARY PUBUC• MINNESOTA My Commission 150a Jan. 31, 2022 GRANTOR: RIVERVIEW PLACE TOWNHOMES ASSOCIATION OF ELK RIVER By: G& — N Charles E. Larso Its Secretary STATE OF MINNESOTA ) ss. COUNTY OF / ; C � ) The foregoing instrument was acknowledged before me this IS- day of 2020, by Marianne J. Jackson, President, and Charles E. Larson, Secretary, of the Riverview Place Townhomcs Association of Elk River. Drafted by: City of Elk River 13065 Orono Parkway Elk River, MN 55330 763-635-1032 Notary Pub ' SANDIRA E. GEHRING Notary Publiq INyCgnMmlon 31,2025 4 EXHIBIT A DRAWING OF THE EASEMENT AREA �^ NN oomm of "1 2. e+eck 2, RIV6RNEW z I �AODITON / \ [)I1 If71.1 Y E�6 P-421- 7 & PIDPIlI 7 (PD ]9-421-1YI30 h PIO N0. 73-40Y-DOf e) - PER DOC N0. 960.:SB O V ILc-1VV 1— W I I \ I V L7_ I \ V I L\ Y Y \ ` , W. T,et Ix.l a bl Tw (2N 9oa4 Tw (2), Al— Aeella+ n 1ne It a Rh. of a Er > `J 1 — IM d rgkl vr1�o b lfle YAa! Ina el aetl Ld Tw (E) d e petit Tw Hmeretl Fiflem (216) N•l C 0 O m : �+�I d I \ Y La w (1) a Auexda swaeNpn N, Tbrm (s) An W t a ma Lnet pee a lx Tw (2). 0— tM p Tw (2)• It— Aedtlm. N wapa of M W— Po \ J r �;: L f 4'i ILai YCF i vl i,5 +cI,FY:N Olc_ry I4 C_. C� IA 111r_wo.\ \ \ L• 'A.. _ \ L� J .•\ - �� A Iv.,enml m W RO bo11o°p ma Oft—ty, pw— o, M . me meu liwt Perl d bk z, Seek L RW AO0D1W, 9nrkuma Oamb, tam.av, m1 1M pot a Lel +. AOIXfaRY W ., -. aYo�e d 0. �. / /r� n~p -y %� '/TbII..�,.�Nr,f. \ 54T•�yJ 'H 91®Ixvlax xw9FN T1EiL ava sn.mun. ramtx aantl.a .a ploee .. ee°E.�L�a eyepu�,.mpenA..el m,,,.. el to e. eua L nlLmarCplsls. mle ptwe,.ne r.ma. nww �' p ? 3 (�` }p f \ / �� `2 P I L - 1--1 u L_ d d 6Lm fnu Um Eoua m d.�..n 17 nOr l�n]f wmn°s N4 a 6Mm°IvmA 116M W4 seua n eFo.L. m minaw a ..cane. Pan, v almm� a n 1..L maa r Nn, ks w Ip�.}�-. \ • §j X ' •+' i /swlr a 1M Nt.JdW Rlw: tAna Soulhwvlrly. abn0 mw w 4W n fhe U—*t RMe, to Ua 1• p o \ \ lrt x Wn Ob a Rr to be hmFaRer lelerFH !o a Me 1• me derhee e. later. i% z N89ro3b� \E ti t ' mmmmenz d we a bwn mama . 1... lwu m e.l w x ml. m. as ..eme. Wes. drta efmluw elm0 the YNef IMma la s er m.9wwseplew+; u00rWme .�04-0 ;`—• —N_iK.08 �t ` - iI kh w®aca mm00 enptiev•eeeefl6memtwmu.e9eea.d em.l amnf A1eu1 9U ONNUMBER TAMU, oN,, Ino1 Uf 1, p eMwf ]as ht W U. obpi,lba eo1 '- A'. dtl Po �J^3 % R99P0E �/ $�`9 a •. p.i "-� \i yi \ ♦ 1•-SouU p gT,eS,+ e� •I X"' \� \ 'i!y \-_ W ry�O Ilk, 41 La! 9, PIVEWWEW ! pn bapnninp to b xmwll. nfand le av 'Pant 9': Drrev 9mU 49 ee 21 —1. i9 aamnea Wt a dpta,a of 2sm Nat; Uele. swN p eap.e. 6] mnvW �n ZB wpo:M Est. a aFlwio pl EBe N ~wle li,e l�ry 1 w � 3,¢ I ie• \ \ — .J 1 / (-- �) \ `,l I �- 1 A I PLACE °e Egan a°L mmu�]4 a�ipmG Eml a4di— of ]b or Nn,�m dm a me t1Nr•Yq Rlw me .etl 7AI. A' klw. emananv. -�qq i\ r\L. I \ V'• I L_ V V -� \�t V \ \ `a � lr >ti�e xa,u.ml.fn de.a ea env. a.c h.a 1n. A• h .da me.. dented •peak P•; Mnu xvU m Fe .awm sa aam.ea �.! dmo :+e Wrk Ina a bl L e tlalmn a men hat IMna w°�depm. os mo-aN, m aaemaa EeaL a wfinee a seen Nd is as Imery Ylen wln vatl EYaI E' �( [� t P \ \ ! C J S ' \ \ ! \ \\ �O � , ea�f ld a Nmx 2ulA W capon Lb nmuln aeama Eat abnp vela seat Itle a lot s e d . m .m h.l m a,a pent of epr E. � I Total Am of Proposed OraNa9a and Utility Easanmt - 7.949 Sa.FI or 0.181 Aaw I•- W I I LIJ r \i \i e• \°4\ U Szo L I J �-• i(- lby;. i\ il.YY \\ egFb\ 'hf4 !.`.1 ,� �m I L >V� Vj IQ)'flD\\5-4Qi-02� mR �"wl �'J1 � •i! SH IF —I s� C� uJ ri n nnlTlnIN h ` `?8- LEGEND _ r\ Li LJ I I I vl VI C _ ) a iaa SBB�Z - qD Na 79-4z1-02M • -Iran me.vmnnt fauna qD NO. 79-4R2-0016 fl I OWNER! RWERWEW PLACE TOWNHOMM ASSOCIATION OF E(K RIYEP N - Ss! Spke @Lath Easement Exhibit le m ..l P11 EL I MI NAA Y for �¢ City of Elk River A-1