1d TH 212 Approve Agreement With ZRC
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CITY OF
CHANHASSEN
MEMORANDUM
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
FROM:
Todd Gerhardt, City Manager
""'\"'7 (f) ,
Paul Oehme, P.E., Director of Public Works/City Engineer \'"
June 16, 2006 6~
TO:
DATE:
Administration
Phone: 952.227.1100
Fax 952.227.1110
SUBJ:
TH 212, Project 03-09: Approve Agreement with Zumbro River
Constructors for Grading and Restoration in City Right-of-Way.
Building Inspections
Phone: 952.227.1180
Fax 952.227.1190
REQUESTED ACTION
Engineering
Phone 952.227.1160
Fax 952.227.1170
Approve agreement with Zumbro River Constructors for grading and restoration
work within City right-of way.
BACKGROUND
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Zumbro River Contractors (ZRC) is the contractor the TH 212 Improvements. The
project has excess soil material that is suitable for screening berms. Jeff Reitan,
8900 Quinn Road and the adjacent property owner Richard Chadwick,
9530 Foxford Road has requested a benTI be constructed to help screen their
property from the TH 212 Improvements.
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax 952.227.1110
The MnDOT plans for TH 212 did not include any noise mitigation or screening in
this area because the existing properties did not meet the requirements for
mitigation under the noise modeling. The back of Jeff Reitan's house faces the
TH 212 westbound exit ramp to TH 101. Headlight spillage onto the Jeff Reitan
property may be a problem, especially in the winter months when the foliage is
gone. Also traffic noise from the ramp may be a future problem. Mr. Reitan and
Mr. Chadwick have been working with ZRC to design a screening berm to help
screen their properties from TH 212.
Public Works
1591 Park Road
Phone: 952.227.1300
Fax 952.227.1310
The proposal is to construct approximately a 17 ft. high berm mainly in MnDOT
right-of-way for screening. The berm would be half the size of other berms being
constructed in Eden Prairie. Due to the grades in this area, the grading and fill
would need to extend past MnDOT right-of-way and onto the adjacent properties
including City right-of-way. City Code 7-33(3) does not require ZRC to apply for a
grading permit since the TH 212 is a state project. However, the city has reviewed
this work from an engineering perspective and finds it acceptable. The City forester
has also reviewed the project.
Senior Center
Phone 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
The low depression on the adjacent properties and City right-of-way would be filled
and leveled. Trees in the grading limits would need to be removed. The City right-
of-way contains mainly low value trees and brush. ZRC is required to work with
the City to try to save some trees from the private property and establish new trees.
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.
Mr. Todd Gerhardt
June 16, 2006
Page 2
ZRC would be responsible for constructing the berm to MnDOT specifications.
The drainage has been reviewed by the City and MnDOT. The Watershed District
has also reviewed the plans. There are no wetland impacts associated with this
improvement.
The agreement between the City and ZRC establishes working requirements for the
work in City right-of-way.
Attachment -Agreement
c: Tim O'Dell - ZRC
G:lcnglth 3121bkgd 062606 app agr ZRC hemtdoc
AGREEMENT
0-1.6. ~
AGREEMENT made this ~ day of CJl..-If"...L- , 2006, by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("City"), and ZRC, a DC/C:./...Jc,rc..
corporation
("ZRC").
RECITALS
1. ZRC has entered into a contract with the Minnesota Department of Transportation to construct
Highway 212 (the "Design Build Project").
2. In conjunction with the Project, ZRC must dispose of excess soil.
3. ZRC proposes to dispose of the excess soil by constructing a berm along Quinn Road ill
Chanhassen (the "Project").
NOW, THEREFORE, in consideration of the mutual covenants, the parties agree as follows:
1. ZRC shall construct a berm in accordance with the plans on file with the City prepared by ZRC
dated May 5,2006 (the "Plan").
2. ZRC must secure the written permission of the private property owners where the berm will be
constructed before commencing work.
3. Before work cornn1ences, the City forester and ZRC shall walk the site and mark all trees for
replanting in accordance with the Plan.
4. The area within City right of way shall be stripped of topsoil and organic material and backfilled
with suitable material. A minimum of 6" oftop soil shall be placed and graded to Plan.
5. Trees of a size and species approved by the City forester shall be planted by ZRC along the west
right of way line at a distance of no more than 30' spacing. This work shall be coordinated with the City forester.
6. A total of 20 trees shall be planted within the project limit. The quota of 20 trees will consist of
those trees on-site deemed to be transplantable by the City Forester and the remainder will be supplemented by
ZRC to meet the 20 tree quota. This work shall be coordinated with the City forester.
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7. All MnDOT specifications and requirements for the Project shall apply and are incorporated herein.
MnDOT Specification 2105.3.F2 "Quality Compaction (Visual Inspection) Method" shall govem for placement of
fills, except that the use of tamping, vibratory, pneumatic-tired, steel-wheeled, or grid rollers may be eliminated if
density is achieved dming placement activities.
8. ZRC shall follow MnDOT and the City's erosion control practices. In the event of conflict, the
more stringent shall control.
9. ZRC shall hold the City and its officers, employees and agents harmless from claims made by itself
and third parties for damages sustained or costs incurred resulting from the Project. ZRC shall indemnify the City
and its officers, employees and agents for all costs, damages or expenses which the City may payor incur in
consequence of such claims, including attorneys' fees.
10. ZRC shall reimburse the City for costs associated with not complying with the Plan for the Project.
Costs are limited to engineering and attorney fees and construction costs associated with corrections due to
deficient work.
11. ZRC shall take out and maintain or cause to be taken out and maintained until six (6) months after
Project completion, public liability and property damage insurance covering personal injury, including death, and
claims for property damage which may arise out ofZRC's work or the work of its subcontractors or by one directly
or indirectly employed by any of them. Limits for bodily injury or death shall not be less than $1,000,000 for one
person and $2,000,000 for each occurrence; limits for property damage shall not be less than $500,000 for each
occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional
insured on the policy, and ZRC shall file with the City a certificate evidencing coverage prior to commencing work
on the Project. The certificate shall provide that the City must be given ten (10) days advance written notice of the
cancellation of the insurance.
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CITY OF CHANHASSEN
BY:
(SEAL)
Thomas A. Furlong, Mayor
AND
Todd Gerhardt, City Manager
ZRC
c~)
Tim Odell, Deputy Project Manager
BY:
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of , 2006, by
Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor and City Manager of the City ofChanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
the of ZRC, a
corporation, on behalf of the corporation.
, 2006, by
Notary Public
THIS INSTRUMENT DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
[RNK]
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