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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. 131461vOl JJJ: 05/0 l/2007 SP-l 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. 131461vOl JJJ :05/0 1/2007 SP-2 CITY OF CHANHASSEN BY: (SEAL) AND: 131461 vOl JJJ :05/0 1/2007 sp-3 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] 131461vOl JJJ:05/01l2007 SP-4 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 131461vOl JJJ:05/0l/2007 sp-5 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 131461vOI JJJ: 05/0 l/2007 GC-l 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 131461vOl JJJ: 05/0 1/2007 GC-2 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. 131461vOl JJJ: 05/0 1/2007 Gc-3 \ $ ~) 95:-;1. ....& "- ~ >J yman BlvJ ( Temporary Batch 0. Plant Location Park N W+E S g:/eng/th 312/batch plant location i I __J "8 ~ '.," ii'~ t., "'~ !.1 Q " .... :b " ~ :!> " !i' ::t> l4> ? ':b ~ \l ~ ~ ~ ~ ~ o ~ ,~" o ;;; n ~ '" ~ ~ i;. ..... 1l \ ~ 8 e ~ ~ ~ --'::0 . IT1 rv ~n:l ;v ~ ~N ~:x: s;y l;" "e: "1 lI) ~ r- ;" -< i 0 ! ~ l 3: ;, 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.