1l. Temporary Batch Plant Agreement
CITY OF
CHANHASSEN
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: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
::ti,
MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Paul Oehme, Dir. of Public Works/City Engineer
o~
DATE:'
May 14,2007
SUBJ:
TH 312/212 Project No. 03-09: Approve Agreement for
Temporary Batch Plant
REQUESTED ACTION
Approve agreement with Progressive Contractors Incorporated (PCI).
BACKGROUND
ZRC, the contractor for the 312/212 construction project, has hired Progressive
Contractors, Incorporated (PCI), a concrete paving company, to pave the mainline
lanes and ramps. The volume of concrete needed for this type of work requires a
temporary batch plant. This plant was setup in Eden Prairie for last year's paving
operation.
PCI has identified an area at the northwest quadrant of new Powers Boulevard
and TH 212 as the preferred location. The site is a 300 x 500 foot section located
along the northern border in the northeast quadrant of the Fox parcel, as shown on
the attached site plan map. The property owner will need to work out an
agreement separately with PCI for the use of their land. This agreement is not
valid unless PCI has an agreement with the property owner for use of the land.
This area is centrally located for the 2007 and 2008 work and away from
residential properties. Staff has reviewed at the application which included traffic
estimates, noise estimates, site grading, erosion control, and restoration plan and
finds it acceptable. The City will be billing PCI for the water usage for the batch
plant at the bulk rate of $4.00 per thousand gallons.
Attachments: 1. Agreement
2. Site Plan Map
3. Batch Plant Site Layout
4. Storm Water Pollution Prevention Plan
c: Joe Matchey, Progressive Contractors Incorporated
Jeff Fox
g:\eng\th 312\051407 approve agreement for batch p1ant.doc
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
CITY OF CHANHASSEN
SPECIAL PROVISIONS
SITE PLAN AGREEMENT
THIS AGREEMENT (this "Site Plan Agreement") dated May _,2007, by and
between the CITY OF CHANHASSEN, a Minnesota municipal corporation, (the "City"), and
PROGRESSIVE CONTRACTORS IN CORPORA TED, a Minnesota corporation (the
"Contractor").
1. Request for Approval. The Contractor has asked the City to approve an interim
use permit, site plan and grading plan for a temporary concrete batch plant associated with the
construction of Highway 212, as described more fully in the submittals referenced herein. The
subject site is a portion of a parcel (PID#250230300) owned by Fox Properties, LP, 27990
Smithtown Road, Excelsior MN
The site is a 300 by 500 foot section located along the northern border, in the northeast quadrant of
the Fox parcel, as shown on the attached site plan maps, and is legally described as the N Y2, SE 114,
Section 23, T116N, R23W.
2. Conditions of Site Plan Approval. The City hereby approves the site plan on
condition that the Contractor enters into this Site Plan Agreement and furnishes the security required
by it. The Contractor must work out an agreement with the property owner for use of the land. The
Contractor must obtain and comply with all necessary permits from other local, state and federal
agencies, and including but not limited to Property Owner, NPDES, Watershed District, and
applicable road permits.
3. Development Plans. The project shall be developed and maintained in accordance
with the following plans, as modified in accordance with applicable provisions of the Other Special
Conditions set forth in Section 7 hereof (the "plans"); it being agreed that certain of the permits
required in such Other Special Conditions may not, in fact, be needed. The plans shall not be
attached to this Site Plan Agreement. If the plans vary from the written terms of this Site Plan
Agreement, the written terms shall control. The plans are:
Plan A:
Submittal for Temporary Concrete Plant, Fox Properties Site, Powers Blvd.,
submitted by Joe Matchey, Progressive Contractors, Inc.
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Plan B:
Grading Plan Submittal, Fox Properties Site, Powers Blvd., submitted by Joe
Matchey, Progressive Contractors, Inc.
4. Time of Performance. The Contractor may use the site as proposed in Plans A and
B until completion of the Highway 212 project, or until November 1,2008, and the site must be
cleaned up and restored on or before December 1, 2008. The Contractor may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the
security posted by the Contractor to reflect cost increases and the extended completion date.
5. Security. To guarantee compliance with the terms of this Site Plan Agreement, the
Contractor shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent
("security") for $ 12,400.00 (Erosion Control and Landscaping). This amount has been calculated
at a rate of 110% of the actual value of improvement. The City will release the security posted for
each of the items in accordance with the City Code.
6. Notices. Required notices to the Contractor and Owner shall be in writing, and shall
be either hand delivered to the Contractor and Owner, their employees or agents, or mailed to the
Contractor and Owner by registered mail at the following address:
Joe Matchey
Progressive Contractors Incorporated
14123 42nd NE
St. Michael, MN 55376
Telephone: (612) 716-5531
e-mail: imatchey@peiroads.com
Jeff Fox
Fox Properties,
27990 Smithtown Road
Excelsior, MN 55331
Telephone: (952) 443-2811
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by registered mail in care of the City Manager at the following address:
Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317,
Telephone (952) 227-1100.
7. Other Special Conditions. At the time of completion of this temporary use, the
owner may apply for an amendment to the approved restoration plan identified herein by application
for a grading or interim use permit.
8. General Conditions. The general conditions of this Site Plan Agreement are
attached as Exhibit "A" and incorporated herein.
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CITY OF CHANHASSEN
BY:
(SEAL)
AND:
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Thomas A. Furlong, Mayor
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 2007, by Thomas A. Furlong, 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
PROGRESSIVE CONTRACTORS
INCORPORA TED
BY:
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 2007 by , the
Progressive Contractors Incorporated, a Minnesota corporation, on behalf of the corporation.
day of
, of
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, Minnesota 55121
Telephone: (651) 452-5000
[JJJ]
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FEE OWNER CONSENT
TO SITE PLAN AGREEMENT
FOX PROPERTIES, LP, a Minnesota limited partnership, fee owner of the property
described in the foregoing Site Plan Agreement, hereby joins in and consents to the provisions of
the Site Plan Agreement.
Dated this _ day of
,2007.
FOX PROPERTIES, LP
By:
Its
STATEOFMINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2007, by , the
Fox Properties, LP, a Minnesota limited partnership, on behalf of the partnership.
of
NOTARY PUBLIC
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CITY OF CHANHASSEN
SITE PLAN AGREEMENT
EXHIBIT "B"
GENERAL CONDITIONS
1. Right to Proceed. Within the site plan area, the Contractor may not grade or otherwise
disturb the earth, remove trees, construct improvements, or any buildings until all the following
conditions have been satisfied: 1) Site Plan Agreement has been fully executed by both parties and
filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3), and
3) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the
Contractor may proceed.
2. Maintenance of Site. The site shall be maintained in accordance with the approved site
plan. Plants and ground cover required as a condition of site plan approval which die shall be
promptly replaced.
3. License. The Contractor hereby grants the City, its agents, employees, officers and
contractors a license to enter the site to perform all work and inspections deemed appropriate by the
City in conjunction with site plan development.
4. Erosion Control. Before the site is rough graded, the erosion control plan shall be
reviewed and approved by the City. The City may impose additional erosion control requirements if
the City determines they would be beneficial. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Except as
otherwise provided in the erosion control plan, seed shall be certified seed to provide a temporary
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored
as necessary for seed retention. The parties recognize that time is of the essence in controlling
erosion. If the Contractor does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion at the Contractor's expense. The City will endeavor to notify the
Contractor in advance of any proposed action, but failure of the City to do so will not affect the
Contractor's and City's rights or obligations hereunder. Erosion control shall be maintained until
vegetative cover has been restored. After the site has been stabilized to where, in the opinion of the
City, there is no longer a need for erosion control, the City will authorize removal of the erosion
control measures. After the batch plant is removed the site shall be restored as close to its original
condition, seeded and mulched.
5. Clean-up. The Contractor shall maintain a neat and orderly work site and shall daily clean,
on and off site, dirt and debris, including blowing materials, from streets and the surrounding area
that has resulted from construction work by the Contractor, its agents or assigns.
6. Responsibility for Costs.
A. The Contractor shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from site
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plan approval and development. The Contractor shall indemnify the City and its officers and
employees for all costs, damages, or expenses, which the City may payor incur in consequence of
such claims, including attorneys' fees.
B. The Contractor shall reimburse the City for costs incurred in the enforcement of this
Permit, including engineering and attorneys' fees.
C. The Contractor shall pay in full all bills submitted to it by the City for obligations
incurred under this agreement, including water bills, within thirty (30) days after receipt. If the bills
are not paid on time, the City may halt all plat development work and construction. Bills not paid
within thirty (30) days shall accrue interest at the rate of 8% per year.
7. Contractor's Default. In the event of default by the Contractor as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Contractor shall
promptly reimburse the City for any expense incurred by the City, provided the Contractor is first
given notice of the work in default, not less than four (4) days in advance. This Site Plan Agreement
is a license for the City to act, and it shall not be necessary for the City to seek a Court order for
permission to enter the land. When the City does any such work, the City may, in addition to its
other remedies, assess the cost in whole or in part.
8. Miscellaneous.
A. Construction Trailers. Placement of on-site construction trailers, equipment and
temporary job site offices shall be approved by the City Engineer.
B.
Permit.
Third Parties. Third parties shall have no recourse against the City under this
C. Breach of Contract. Breach of the terms of this Permit by the Contractor shall be
grounds for denial of building permits.
D. Severability. If any portion, section, subsection, sentence, clause, paragraph, or
phrase of this Permit is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Site Plan Agreement.
E. Waivers/Amendments. The action or inaction of the City shall not constitute a
waiver or amendment to the provisions of this Site Plan Agreement. To be binding, amendments or
waivers shall be in writing, signed by the parties and approved by written resolution of the City
Council. The City's failure to promptly take legal action to enforce this Site Plan Agreement shall
not be a waiver or release.
F. Remedies. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy, express or implied, now or
hereafter arising, available to City, at law or in equity, or under any other agreement, and each and
every right, power and remedy herein set forth or otherwise so existing may be exercised from time
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to time as often and in such order as may be deemed expedient by the City and shall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
1. Construction Hours. The normal construction hours under this Site Plan Agreement
shall be from 7:00 a.m. to 7:00 p.m. on weekdays and Saturdays, with no such activity allowed on
Sundays or any recognized legal holidays. Operation of all internal combustion engines used for
construction or dewatering purposes beyond the normal working hours will require City Council
approval.
K. Soil Treatment Systems. If soil treatment systems are required, the Contractor shall
clearly identify in the field and protect from alteration, unless suitable alternative sites are first
provided, the two soil treatment sites identified during the site plan process for each lot. This shall
be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall
render them as unacceptable and replacement sites will need to be located for each violated site in
order to obtain a building permit.
L. Compliance with Laws, Ordinances, and Regulations. In the temporary use of the
property pursuant to this Site Plan Agreement, the Contractor shall comply with all laws,
ordinances, and regulations of the following authorities to the extent any of the same have
jurisdiction over the work:
1. City of Chanhassen;
2. State of Minnesota, its agencies, departments and commissions;
3. United States Army Corps of Engineers;
4. Watershed District;
5. Metropolitan Government, its agencies, departments and commissions.
M. Proof of Occupancy. Upon request, the Contractor shall furnish the City with
evidence satisfactory to the City that it has the authority to use the site from the Owner.
N. Soil Conditions. The Contractor acknowledges that the City makes no
representations or warranties as to the condition of the soils on the property or its fitness for
construction of the improvements or any other purpose for which the Contractor may make use of
such property. The Contractor further agrees that it will indemnify, defend, and hold harmless the
City, its governing body members, officers, and employees from any claims or actions arising out of
the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or
pollutants were caused to be there by the City.
O. Soil Correction. The Contractor shall be responsible for soil correction work on the
property. The City makes no representation to the Contractor concerning the nature of suitability of
soils nor the cost of correcting any unsuitable soil conditions which may exist.
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Storm Water Pollution Prevention Plan
USH 212 Concrete Batch Plant Site
Fox Properties Parcel
Powers Blvd, City of Chanhassen, MN
1 Introduction
This Storm Water Pollution Prevention Plan is submitted for a temporary concrete batch
plant site. The site will be used for the Minnesota Department of Transportation USH
212 project. The site is located on Powers Blvd in the City ofChanhassen, MN.
2 Description of Activity
The majority of the work on the site consists of preparing the site. This will entail
stripping topsoil and storing it in berms along the perimeter of the site. Upon completion
of the topsoil removal, the site will be covered with a crushed aggregate to facilitate truck
traffic. Once the base course is complete the concrete batch plant will be placed.
Aggregates will be hauled and stock piled at the west end of the site.
Once the preparatory work is complete the next operation will be the production of the
concrete. This will involve mainly truck traffic. There will be trucks hauling aggregate,
cement and fly ash to the site and truck hauling concrete from the site to the project.
Upon completion ofthe project, the concrete plant will be removed and the site will be
restored to the original state, which is a plowed agricultural field.
3 Chain of Responsibility
The inspection and maintenance of erosion and sediment control devices will be the
responsibility of all persons working on the site. The primary responsibility will fall on
the Plant Foreman, Cory Krohn. In the event that Mr. Krohn is not available, the Paving
Superintendent will assume the responsibility. The Paving Superintendent is Don
Shonyo.
4 Erosion and Sediment Control Device
The site will employ three main types of control devices. They are berms, berm
overflows and re-vegetation. The berms will be used to contain storm water on the site
and direct its discharge. The berms will be located on the west and south boundaries of
the site. Most of the berms will be quite high and used to store the topsoil from the site.
There will also be smaller berms, 3 to 4 feet installed at the discharge points of the
project. There are two discharge points associated with the site once the grading is
completed. They are located in the south east and north east comers of the project. The
berms at these discharge points will be constructed to allow a small settling basin to be
created above the berm. The berms will have a riprap overflow constructed at each ofthe
discharge points. The overflow will allow storm water to build to approximately 2 feet
prior to discharging over the overflow.
Vegetation will also be used to control runoff and sediment. The berms created around
the perimeter of the site will be seeded with and approved ground cover to stabilize the
new slopes.
;. t".
5 Timing of Installation
Installation of all erosion and sediment control devices will be completed as part of the
grading operations. Once berms are constructed and shaped, the rip rap will be placed on
the overflows and see will be sown on the topsoil berms. The seeding will be completed
a maximum of 3 days after berms have been completed. The time to complete grading is
expected to be no more that 5 days.
6 Inspection and Maintenance
Inspections of the erosion and sediment control devices will take place on a daily basis.
Formal documented inspections will occur one every 7 days. In addition to the weekly
inspection, the devices will be inspected after any rainfall that exceeds 0.5 inches.
The inspection will involve reviewing the effectiveness of the erosion and sediment
control devices. If it appears that the devices are not providing sufficient control,
additional or new control devices will be employed. MnDOT and City of Chanhassen
will be asked for input on device selection should they be needed.
Following inspections, recommendation or direction will be given for maintenance of the
devices. With the devices employed for this site, the primary maintenance will be the
removal of sediment form the area above the berms. When this is required, the areas will
be dewatered and the sediment removed with onsite equipment. Additionally, there may
be maintenance required on the berms. In the event that erosion occurs on the slopes, the
areas will be regarded and reseeded.