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CAS-16_WYNSONG - 7042 GALPIN BOULEVARDCA 27451 Recording Docs Warranty Deed from Easement Vacation Dev. Agreement Final Plat �?CCA&T ,er CountyAbstrad Bc:t eCO."Int Doc. No. GBP Warranty Deed to City - Outlot A, Wynsong Tree Preservation Declaration Bylaws Deed to Song - Lot 1, Block 1, Wynsong Construction Mortgage— LLots 2 and 3. Block 1, Wynsong 2"a Lots 2, 3 and 4, lock 1, Wynsong TIS(40.3c/ T/S(+ O`{D 1/eeoC/TI ! T1Sp��Ya Ig&3a`F_3 T)HO— T/v 0 l�90Y(0 rr&L Y 7 "When dpcument Nes. are available, please e-mail this completed form to nr.k acarvercountyabstract com'• If you have any questions, please contact Nick Moonen at (952) 448-5570. Thank you I wd5s ii r(oa aj ,dV 0 February 12, 2013 Steve Kroiss CITY OF Galpin Blvd. Partners, LLC CBAI� MSEN P.O. Box 218 Chanhassen, MN 55317 7700 Market Boulevard PO Box 147 Re: Wynsong — Planning Case #2012-16- Chanhassen, MN 55317 Final Plat Dear Mr. Kroiss: Administration Phone: 952.227.1100 This letter is to confine that on February 11, 2013 the Chanhassen City Council approved Fax: 952.2271110 the final plat for Wynsong creating four lots and approval of the development contract for Building Inspections the project. The final plat approval was subject to the following conditions: Phone: 952.2271180 Fax: 952.227.1190 Building Conditions: Engineering 1. Demolition permits must be obtained before demolishing any structures on the site. Phone: 952.227.1160 Fax: 952.227.1170 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. Finance Phone: 952.227.1140 Fax: 952.2271110 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Park & Recreation Phone: 952.227.1120 Engineering Conditions: Fax: 952.2271110 1. The private road must be within a 30 -foot wide easement recorded against all four Recreation Center properties. 2310 Coulter Boulevard Phone: 952.2271400 2. At the end of the project the developer must submit documentation stating that the Fax: 952.227.1404 private road meets a 7 -ton design. Planning & Natural Resources 3. The developer shall work with the existing homeowner to minimize service Phone: 952.227.1130 disruption during construction. Fax: 952.227.1110 4. Lot 1 has paid the sanitary sewer hook-up charge. Public World 7901 Park Place 5. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid Phone: 952227.1300 in cash with the final plat with the remaining 70% paid with the building permit at the Fax: 952.227.1310 rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid Senior Center with the final plat is $65Uunit x 3 units = $1,953. Phone: 952.227.1125 Fax: 952.227.1110 6. No water hook-up charges are due with this plat. The existing 12- drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. Web Site www.ci.chanhassen.mn.us SCANNED Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Steve Kroiss February 12, 2013 Page 2 7. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 8. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. 9. The final plat must be modified to show the existing easements and the scale of the drawing. 10. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 11. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. 12. A street light is required at the private street's intersection at Galpin Boulevard. Environmental Resource Specialist Conditions: I. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot4: #133,#134,#137,#138,#142,#143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. Fire Marshal Conditions: I. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Mr. Steve Kroiss February 12, 2013 Page 3 Park & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Water Resources Specialist Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or preservation easement. Natural Resource Protection All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less than 30 feet as required for Manage I wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 3. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. Mr. Steve Kroiss February 12, 2013 Page 4 4. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. 2. Outlot A shall be deeded to the City. Two signed mylar copies of the final plat shall be submitted to our office for signatures. One I "=200' scale mylar reduction of the final plat and one 1 "=200' scale paper reduction of the final plat with just street names and lot and block numbers shall be submitted. The executed development contract and the required fees ($58,536.50) and security ($153,359.72) specified therein shall be submitted to the City. In addition, a digital copy in .dxf format and a digital copy in .tif format (pdf compatible) in Carver County coordinates of the final plat shall be submitted. The City will submit all the necessary documents to Carver County for recording. A warranty deed for Outlot A, the preservation easement and private street easement shall be prepared and executed for recording with the final plat documents. Additionally, all current year taxes must be paid in full and any delinquent property taxes or green acres taxes must also be paid. Once everything is submitted, please contact Gordy Stauff at 952-227-1166 to coordinate the preconstruction meeting Should you have any questions, please contact me at (952) 227-1131 or by email at baenerous@ci.chanhassen.mn.us. Singzr4, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official c: Charles Song 9 Wan@012 planning as \2012-16 wynsong\final plat\approval letter fp dm CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA WYNSONG DEVELOPMENT CONTRACT (Developer Installed Improvements) TABLE OF CONTENTS SPECIAL PROVISIONS PAGE 1. REQUEST FOR PLAT APPROVAL............................................................................SP-1 2. CONDITIONS OF PLAT APPROVAL........................................................................SP-1 3. DEVELOPMENT PLANS............................................................................................SP-1 4. IMPROVEMENTS........................................................................................................ SP -2 5. TIME OF PERFORMANCE.........................................................................................SP-2 6. SECURITY....................................................................................................................SP-2 7. NOTICE.........................................................................................................................SP-3 8. OTHER SPECIAL CONDITIONS ............................................... ................................. SP -3 9. GENERAL CONDITIONS...........................................................................................SP-7 GENERAL CONDITIONS 1. RIGHT TO PROCEED.................................................................................................GC-1 2. PHASED DEVELOPMENT........................................................................................GC-1 3. PRELIMINARY PLAT STATUS ....................... :.......................................... :............. GC -1 4. CHANGES IN OFFICIAL CONTROLS.....................................................................GC-I 5. IMPROVEMENTS.......................................................................................................GC-1 6. IRON MONUMENTS..................................................................................................GC-2 7. LICENSE......................................................................................................................GC-2 8. SITE EROSION AND SEDIMENT CONTROL.........................................................GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OROTHER BUILDING..................................................................................GC-2 9. CLEAN UP...................................................................................................................GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS....................................GC-3 11. CLAIMS............................................................... ........................................................ GC -3 12. PARK DEDICATION..................................................................................................GC-3 13. LANDSCAPING..........................................................................................................GC-3 14. WARRANTY...............................................................................................................GC-4 15. LOT PLANS.................................................................................................................GC-4 16. EXISTING ASSESSMENTS.......................................................................................GC-4 17. HOOK-UP CHARGES.................................................................................................GC-4 18. PUBLIC STREET LIGHTING.....................................................................................GC-4 19. SIGNAGE.....................................................................................................................GC-5 20. HOUSE PADS..............................................................................................................GC-5 21. RESPONSIBILITY FOR COSTS................................................................................GC-5 22. DEVELOPER'S DEFAULT.........................................................................................GC-6 22. MISCELLANEOUS A. Construction Trailers........................................................................................GC-6 B. Postal Service....................................................................................................GC-7 C. Third Parties......................................................................................................GC-7 D. Breach of Contract............................................................................................GC-7 E. Severability................................................................................................... GC -7 it i F. Building Permits...............................................................................................GC-7 G. Waivers/Amendments.......................................................................................GC-7 H. Release..............................................................................................................GC-7 I. Insurance........................................................................................................... GC-7 J. Remedies...........................................................................................................GC-8 K. Assignability .....................................................................................................GC-8 L. Construction Hours...........................................................................................GC-8 M. Noise Amplification..........................................................................................GC-8 N. Access...............................................................................................................GC-8 O. Street Maintenance............................................................................................GC-8 P. Stone Sewer Maintenance................................................................................GC-9 Q. Soil Treatment Systems....................................................................................GC-9 R. Variances...........................................................................................................GC-9 S. Compliance with Laws, Ordinances, and Regulations.....................................GC-9 T. Proof of Title.....................................................................................................GC-9 U. Soil Conditions................................................................................................GC-10 V. Soil Correction................................................................................................GC-10 W. Haul Routes..........................................................................................................GC-10 X. DevelopmentrSigns..............................................................................,................GC-10 Y. Construction Plans...............................................................................................GC-10 Z. As-Built Lot Surveys...........................................................................................GC-11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) WYNSONG AGREEMENT dated January 28, 2013 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, Galpin Boulevard Partners, LLC, a Minnesota Limited Liability Company (the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for WYNSONG (referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, finnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A, the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved January 28, 2013, prepared by Otto Associates, Inc. Plan B: Grading, Drainage and Erosion Control Plan dated December 12, 2012, prepared by Otto Associates, Inc. Plan C: Plans and Specifications for Improvements dated December 12, 2012, prepared by Otto Associates, Inc. Plan D: Landscape Plan dated December 12, 2012, prepared by Otto Associates, Inc. SP -1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities (e.g. gas, electric, telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install ail required improvements by November 15, 2013. The Developer may, however, request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall famish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $153,359.72. The amount of the security was calculated as 110% of the following: Streets and Grading $64,017.50 Sanitary Sewer $19,996.00 Watermain $27,045.00 Stone Sewer, Drainage System, including cleaning and maintenance $7,478.00 Erosion Control $9,140.50 Sub -total, Construction Costs $127,677.00 Engineering, surveying, and inspection (7% of construction costs) $8,937.39 Landscaping (2% of construction costs) $2,553.54 Street signs $250.00 Sub -total, Other Costs $11,740.93 TOTAL COST OF PUBLIC IMPROVEMENTS $139,417.93 SECURITY AMOUNT (110% of $139,417.93 $153,359.72 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security, without SP -2 notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid, but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot comers have been installed, (3) all financial obligations to the City satisfied, (4) the required "record" plans have been received by the City, (5) a warranty security is provided, and (6) the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: Stephen R Kroiss Galpin Boulevard Partners, LLC P.O. Box 218 Chanhassen, MN 55317 Phone: 612-802-2600 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified 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. 8. Other Special Conditions. A. SECURITIES AND FEES A $153,359.72 letter of credit or escrow for the developer -installed improvements, the $58,536.50 cash administration fee and the fully -executed development contract must be submitted and shall be submitted prior to scheduling a pre -construction meeting. A summary of the cash fees is as follows: Administration fee: 3% of $127,677 $3,830.31 Final platprocess: $450 attorney's fee + $240 filing fees $690.00 GIS fee: $25 lar + $10/parcel x 4 parcels $65.00 Surface Water Management Fee $34,598.19 Park Dedication Fee $17,400.00 Partial Sewer Hook- Fee: $651/unit x 3 units $1,953.00 TOTAL $58,536.50 B. ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL The private road must be within a 30 -foot wide easement recorded against all four properties. SP -3 2. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 5. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is $651/unit x 3 units = $1,953. 6. No water hook-up charges are due with this plat. The existing 12- drain file and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. 10. The final plat must be modified to show the existing easements and the scale of the drawing. 11. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 12. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. C. WATER RESOURCES COORDINATOR CONDITIONS OF APPROVAL 1. Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or preservation easement. SPA 2. All wetland buffers shall meet the requirement codified in Sections 20411 and 20- 412 of city code. 3. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 4. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 5. The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less than 30 feet as required for Manage 1 wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. 6. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 7. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 8. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 9. All applicable details shall be included within the plan set. The city can make these available to the applicant. 10. Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. D. ENVIRONMENTAL RESOURCE SPECIALIST CONDITIONS OF APPROVAL 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 SP -5 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to showall inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. E. BUILDING OFFICIAL CONDITIONS OF APPROVAL 1. Demolition permits must be obtained before demolishing any structures on the site. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. F. PARKS DIRECTOR CONDITIONS OF APPROVAL 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. G. FIRE MARSHAL CONDITIONS OF APPROVAL 1. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP -6 CITY OF CHANHASSEN 1-ya (SEAL) Thomas A. Furlong, Mayor Todd Gerhardt, City Manager Galpin Boulevard Partners, LLC: 1B STATE OF MINNESOTA ) (ss. COUNTY OF CARVER ) Stephen R. Kroiss, Chief Manager The foregoing instrument was acknowledged before me this day of 2013, 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 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2013, by Stephen R. Kmiss of Galpin Business Partners, LLC, a Minnesota Limited Liability Company, on behalf of the company. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP -7 NOTARY PUBLIC EXIMIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lot 1, Block 1, Song Addition of Carver County, Minnesota. MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of 20_. STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this _ day of STATE OF MINNESOTA ) (ss. COUNTY OF ) am The foregoing instrument was acknowledged before me this 20_, by DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952)227-1100 day of NOTARY PUBLIC IRREVOCABLE LETTER OF CREDIT No. _ Date: TO: City of Chanhassen 7700 Market Boulevard, Box 147 Chanhassen, Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $ available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. dated 2 of (Name of Bank) b) Be signed by the Mayor or City Manager of the City of Chanhassen. c) Be presented for payment at (Address of Bank) on or before 4:00 p.m. on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terns of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, MN 55317, and is actually received by the City Manager at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 500. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. FFA Its CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" KI D10.1__ 101 111_ 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this 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) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the frill extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary GC -1 permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s) and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if 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 and sediment 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 and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where, in the opinion of the City, there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence_ The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash GC -2 escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and constriction required by this Contract, the improvements lying within Public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materiahnen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety (90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the fiords in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys' fees. 12. Park Dedication. The Developer shall pay fiill park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (2%2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of four (4) inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of $750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between GC -3 October I through May 1 these conditions must be complied with by the following July 1 st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent (251/o) of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re -spread against the plat in accordance with City standards. 17. Hook-up Charges.. At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect, unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City GC -4 ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of $300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty (20) months. 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as -built' plans indicating the amount, type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress, processing pay requests, processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent (3%) of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent (21/4) of construction costs over $500,000; iii) if the cost of the construction of public improvements is over $1,000,000, two and one-half percent (2%x%) of construction costs for the first $1,000,000 and one and one-half percent (1 %x%) of construction costs over $1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. GC -5 C. The Developer 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 plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attomeys' fees. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract 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. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre -construction meeting for installation of public improvements. Trailers shall be removed from the subject property within GC -6 thirty (30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten (10) days for processing. I. Insurance. Developer shall take out and maintain until six (6) months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not 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 the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City 101M must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies.. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed 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 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. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 am. to 6:00 p.m. on weekdays, from 9:00 am. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so. Under emergency conditions, this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third & subsequent violations All site development and construction must cease for seven (7) calendar days M. Noise Amplification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. O. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street RM base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two (2) years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (2(r) of the storm sewer costs, shown under section 6 of the special Provisions of this contract, will be held by the City for the duration of the 2 -year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer 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 platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violatiorddisturbance 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. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws Ordinances and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota, its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government, its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer 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 Developer may make use of such property. The Developer 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. GC -9 V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi -lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x17" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as -built plans, (2) two complete full-size sets of blue linelpaper as -built plans, (3) two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as -built plans in both Axf & Af format (the Axf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either Aoc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As -Built Lot Surveys. An as -built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as -built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as -built survey is completed. If the weather conditions at the time of the as -built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as -built escrow withheld until all work is complete. GC -10 CHANHASSEN CITY COUNCIL REGULAR MEETING FEBRUARY 11, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, and Councilwoman Ernst COUNCIL MEMBERS ABSENT: Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Paul Oehme, Todd Hoffman, and Roger Knutson PUBLIC PRESENT: Vicki Handler & Eric Newton Bruce Olson Steve Wanek Drew Vohs John & Carri Hammett Ingrid & Jon Steele Julie & Rick Kolbow Chris Engel Ben Paulson Bruce Nord Tom & Pat Peterson 500 Indian Hill Road 2432 Lake Lucy Road 6615 Horseshoe Curve 31 Sandy Hook Road 6697 Horseshoe Curve 6941 Highover Court 7015 Sandy Hook Circle 7016 Sandy Hook Circle 7013 Dakota Avenue 551 Indian Hill Road 7020 Sandy Hook Circle Mayor Furlong: Thank you and welcome to everybody here in the council chambers as well as those watching at home. We're glad that you joined us this evening. At this time I would ask members of the council if there are any changes or modifications to the agenda. If not, without objection we'll proceed with the agenda as published. CONSENT AGENDA: Councilwoman Tjornhom moved, Councilwoman Ernst seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session Minutes dated January 28, 2013 -City Council Verbatim and Summary Minutes dated January 28, 2013 Receive Commission Minutes: -Park and Recreation Commission Verbatim and Summary Minutes dated January 22, 2013 b. Resolution #2013-08: 2013 Inflow/infiltration (1/1): Approve Resolution Applying for and Executing a Grant with the Metropolitan Council. C. TH 101 Improvement Project, Lyman Boulevard to Pioneer Trail: Approve Wetland Alteration Permit (WAP) and Wetland Conservation Act (WCA) Mitigation. d. Resolution #2013-09: Approval of Clean Water Fund Grant. Chanhassen City Council —February H, 2013 f. Wynsong, 7042 Galpin Boulevard: 1) Final Plat Approval 2) Approval of Development Contract g. Approval of 2013 Key Financial Strategies. h. Resolution #2013-10: Approve 2013 Vehicle and Equipment Purchases: 1) Public Works Equipment 2) Fire Department Command Vehicle i. Approve City Consent to Assignment, Limited Revenue Tax Increment Note, as related to Rottlund Homes/Northbay. j. Authorization for Agency Distribution, Knoblauch Land Use Amendment. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: Mayor Furlong: If you'd like to address the council under visitor presentations I'd invite you to come forward to the podium at this time. Very good, thank you. We'll move onto our first item of business this evening which will include a public hearing and that will be consideration of. Todd Gerhardt: Mayor? Mayor Furlong: Oh, I'm sorry. Bruce Olson: Sorry, is this where the public to present topics, the visitor presentation? Mayor Furlong: For something that's not on our agenda this evening? Bruce Olson: Correct. Mayor Furlong: Yes, it would be. Did you want to do that tonight? Bruce Olson: Yes. Mayor Furlong: Why don't you come forward to the. If you could state your name and address for the record. Bruce Olson: Thank you. My name is Bruce Olson and I'm a resident of Chanhassen. I live at 2432 Lake Lucy Road and I've been a resident there for about 7 years. Actually 1 had some. Mayor Furlong: And the other gentleman, just for the record please. Jon Steele: My name is Jon Steele. My wife Ingrid and I are here tonight. We live at 6941 Highover Court North. We've lived there for 14 years, if I do my math quick. Mayor Furlong: Thank you Mr. Steele. SCANNED Administration Re: Wynsong—Planning Case #2012-16 Phone: 952.2271100 Fax: 952.227.1110 Dear Mr. Kroiss: Building Inspections This letter is to confirm that on November 13, 2012, the Chanhassen City Council Phone: 952.2271180 Fax: 952.2271190 approved the preliminary Plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following Engineering conditions: Phone: 952.227.1160 :. , Fax: 952.227.1170 Building Official Conditions: Finance November 16, 2012 OF Phone: 952.227.1140 (�IICfgff❑ CI111LIQp I SEN Steve Kroiss 7700 Market Boulevard Galpin Blvd. Partners, LLC PO Box 147 P.O. Box 218 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Wynsong—Planning Case #2012-16 Phone: 952.2271100 Fax: 952.227.1110 Dear Mr. Kroiss: Building Inspections This letter is to confirm that on November 13, 2012, the Chanhassen City Council Phone: 952.2271180 Fax: 952.2271190 approved the preliminary Plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following Engineering conditions: Phone: 952.227.1160 :. , Fax: 952.227.1170 Building Official Conditions: Finance 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be Phone: 952.227.1140 shown on the final plat of the property. Fax:952.2271110 Park & Recreation 2. Demolition permits must be obtained before demolishing any structures on the Phone: 952.227.1120 site. Fax: 952.227.1110 3. A final grading plan and soils report must be submitted to the Inspections Recreation Center Division before permits can be issued. 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Planning & Natural Resources 5. Each lot must be provided with separate sewer and water services. Phone: 952.227.1130 Fax: 952.227.1110 Engineering Conditions: Public Works 7901 Park Place 1. The private road must be within a 30 -foot wide access and maintenance easement Phone: 952.227.1300 recorded against all four properties. Fax: 952.227.1310 2. At the end of the project, the developer must submit documentation stating that Senior Center the private road meets a 7 -ton design. Phone: 952.227.1125 Fax: 952.227.1110 3. The developer shall work with the existing homeowner to minimize service Web Site disruption during construction. www.ci.chanhassen.mn.us 4. Lot I has paid the sanitary sewer hook-up charge. SCANNED Chanhassen is a Co mmun it for Life - Providing for Today and Planning for Tomorrow Steve Kroiss November 15, 2012 Page Page 2 of 5 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected asset forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. 7. The existing 12 -inch drain file and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1: The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop preservation easements to preserve existing wooded areas on Lots 1, 3 and 4. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Steve Kroiss November 15, 2012 Page Page 3 of 5 Parks & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 3. The eastern limit of the preservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Steve Kroiss November 15, 2012 Page Page 4 of 5 Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within preservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Steve Kroiss November 15, 2012 Page Page 5 of 5 Should you have any questions, please contact me at (952) 227-1131 or by email at bbenerousnaci.chanhassen.mn.us. Sincerel Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official c: Charles Song 91p1an12012 plmming c \2012-16 wymmmg\appmval letter prelim plat.dm ITEMS REQUIRED FOR FINAL PLAT CONSIDERATION The following items are required to be submitted a minimum of 30 days prior to City Council meeting and payment of a $250.00 final plat review fee: Submit three (3) sets of full size, 50 scale construction plans and specifications for staff review and redline. • Utility plans shall show both plan view and profiles of all utilities (sanitary sewer, water and storm sewer lines). The plan view must show all drainage and utility easements. • Grading and drainage plans shall show dwelling type and elevations, wetlands and wetland buffer areas, stormwater pond NWL and HWL, EOF and catch basin and storm manhole numbers. • The construction plans and specifications shall be in accordance to the City's latest edition of Standard Specifications & Detail Plates. • The plans shall include traffic signage and street light placement. 2. Drainage calculations for water quantity and quality ponding with maps showing drainage areas for pre -and post -development conditions and contributing areas to catch basins. 3. Hydraulic calculations and drainage map for the storm sewer design. 4. Tree Preservation Easements (if applicable). 5. Trail Easements (if applicable). 6. Engineers Cost Estimate of Improvements: a. Sanitary sewer system. b. Water system. c. Storm sewer drainage system including cleaning and maintenance. d. Streets, sidewalk and trails. e. Erosion control. f. Site restoration (seeding, sodding, etc.). g. Site grading h. Street lights & signs i. Engineering, surveying & inspection j. Landscaping Five (5) sets (folded) of final plat, one (1) set of reductions (8'/2" x 11"), and a digital copy in .tif format. 8. Digital copy of the legal description of the property in a .doc format. 9. Lot tabulations. Failure to provide any of the above items by the required deadline will result in delaying consideration of final plat before the City Council. Updated 11-29-06 91engWormsVinal plat submittal.doc November 16, 2012 CITY OF CIMNSEN Steve Kroiss 7700 Market Boulevard Galpin Blvd. Partners, LLC PO Box 147 P.O. Box 218 Chanhassen, MN 55317 Chanhassen, MN 55317 Administration Re: Wynsong — Planning Case #2012-16 Phone: 952.227.1100 Fax:952.227.1110 Dear Mr. Kroiss: Building Inspections This letter is to confirm that on November 13, 2012, the Chanhassen City Council Phone: 952.20 Fax: 952.22711907.1190approved the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following Engineering conditions: Phone: 952.227.1160 Fax: 952.227.1170 Buildine Official Conditions: Finance 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be Phone: 952.227.1140 shown on the final plat of the property. Fax: 952.227.1110 Park & Recreation 2. Demolition permits must be obtained before demolishing any structures on the Phone: 952.227.1120 site. Fax:952.227.1110 3. A final grading plan and soils report must be submitted to the Inspections Recreation Center Division before permits can be issued. 2310 Coulter Boulevard Phone: 952.227.1400 4. Retaining walls over four feet high require a permit and must be designed by a Fax: 952.227.1404 professional engineer. Planning & Natural Resources 5. Each lot must be provided with separate sewer and water services. Phone: 952.227.1130 Fax: 952.2271110 Eneineerina Conditions: Public works 1. The private road must be within a 30 -foot wide access and maintenance easement 7901 Park Place Phone: 952.227.1300 recorded against all four properties. Fax: 952.227.1310 2. At the end of the project, the developer must submit documentation stating that Senior Center the private road meets a 7 -ton design. Phone: 952.227.1125 Fax: 952.2271110 3• The developer shall work with the existing homeowner to minimize service Web Site disruption during construction. www.ci.chanhassen.mn.us 4. Lot 1 has paid the sanitary sewer hook-up charge. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Steve Kroiss November 15, 2012 Page Page 2 of 5 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop preservation easements to preserve existing wooded areas on Lots 1, 3 and 4. Fire Marshal Conditions: I . A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Steve Kroiss November 15, 2012 Page Page 3 of 5 Parks & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Stormwater efficacy calculations shall,be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 3. The eastern limit of the preservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Steve Kroiss November 15, 2012 Page Page 4 of 5 Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within preservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. Final plat documents must be submitted to the City 30 days prior to the City Council meeting in which you wish to have your final plat approved. Conditions of the preliminary plat approval must be addressed for final plat approval. Enclosed is the list of items required for submittal for final plat approval. Steve Kroiss November 15, 2012 Page Page 5 of 5 Should you have any questions, please contact me at (952) 227-1131 or by email at bgenerous@—ci.chanhassen.mn.us. Sincerely, Robert Generous, AICP Senior Planner Enclosure ec: Kate Aanenson, Community Development Director Alyson Fauske, Assistant City Engineer Todd Gerhardt, City Manager Terry Jeffery, Water Resources Coordinator Jerry Mohn, Building Official c: Charles Song gAplan\2012 planning ca es12012-16 wynsonglapproval letter prelim plat.doc Chanhassen City Council —November 13, 2012 e. Approval of Findings of Fact, Appeal of Administrative Decision, Naomi Carlson. All voted in favor and the motion carried unanimously with a vote of 4 to 0. VISITOR PRESENTATIONS: None. WYNSONG; LOCATED AT 7042 GALPIN BOULEVARD, LOT 1, BLOCK 1, SONG ADDITION; APPLICANT: STEVE KROISS, GALPIN BOULEVARD PARTNERS, LLC; OWNER: CHARLES SONG: A. CONSIDER APPROVAL OF PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4 LOTS WITH A VARIANCE FOR A PRIVATE STREET. B. PUBLIC HEARING TO CONSIDER APPROVAL OF VACATION OF DRAINAGE AND UTILITY EASEMENTS. Mayor Furlong: There will be a public hearing, is that correct Ms. Aanenson with regard to the drainage and utility easement? Kate Aanenson: Yes there will. Mayor Furlong: Okay. Public hearing did take place for the preliminary plat at the Planning Commission if I recall correctly. Kate Aanenson: That's correct. Mayor Furlong: So we will have a public hearing with regard to the utility easements, drainage easements in due course. Let's start with the staff report please and that will be followed by the applicant and questions from council. Kate Aanenson: Thank you Mayor, members of the City Council. As you indicated this item did appear before the Planning Commission at their October 16"' meeting. The Planning Commission did hold a public hearing and voted 5 to 0 to recommend approval of the plat with the vacation. And then the additional item, as you indicated on this would be vacation of drainage and utility easement. The subject site is located on Galpin Boulevard. The Song property. Again this is the site itself. There's an existing one home that access via Galpin Boulevard. One large lot. This property was actually part of the, was the original property that included the Big Woods and that property was subdivided back in '93294 so this is the large estate that was left as a remnant piece that is now coming before you for subdivision. The proposal includes 4 large estate lots so the 9 acres, just short of 9 1/2 acres be platted into 4 lots so 3 new lots which the existing homestead. The city ordinance does allow for a private street if it can be demonstrated that it's used to be preserve natural features. In your staff report a private street criteria was reviewed in there. In looking at the prevailing development pattern does it make sense. Again there's 4 large lots. Significant amount of natural features including wetlands, trees, some slopes so looking at that we believe that the use of a private street would enhance the natural features in the area so with that we do believe it meets the criteria for the variance and are recommending approval of that. As did the Planning Commission. There's a significant amount of trees on this property so on this slide we're showing the homes. We do request that these, because they are being custom graded so as those projects come in they will show which trees will be removed but we do require that they show at least a pad of 60 by 60 to give some indication of where those trees will be removed. In your packet from the staff in your report we did include the neighbors to the south located in this area here that did have some concerns regarding tree loss SCANNED Chanhassen City Council —November 13, 2012 and wanted some additional trees preserved in that area, particularly in this area here which the applicant has demonstrated, indicated that those trees probably would be removed. The Planning Commission did not consider at this time adding additional preservation for those trees at this time but I just wanted to make sure that you were aware of the fact that they were concerned about some of that trees loss so they had identified those in trees and number and those are kind of illustratively shown with a picture and a number at the beginning of your staff report. So there are existing easements on this property. When, again as I indicated in '93-'94 when the Big Woods plat was put in place there was easements put on, on the wetlands at that time and those were, at the time that they were put in place there were actually conservation easements. So the manages, with this proposal and looking at the storm water and this is on page 5 of 16 in your staff report, where the Water Resources Coordinator spent some time going through talking about the size of the, because of the scale of the project's relative small that they recognize that treatment options, of pre -treating it before it goes into the wetlands and Lake Harrison would be more difficult that they thought that preservation of some of these more wooded areas, indicated here on the slide and then this area here would also provide in some of that rate reduction before it would go into the wetlands. So you can see where, and this area here. So this would hold some of that water before it go into this wetland so we're pre -treating that and then in this area on Lot 2, excuse me this was Lot 3. Then on Lot 2 again that wooded area would pre -treat before going into that wetland so again that was the goal of that. Now when we looked at the stormwater calculations, those areas that were slated for preservation were not calculated into any of the stormwater fees and again that is detailed in the staff report. A little bit more detail on the lots itself. There is some change in topography. Again meeting the wetland setbacks and the slopes. As indicated there is an existing drainage and utility easements and they will be vacated and creation of new drainage and utility easements will be provided so with that we do request that you hold a public hearing. I don't know if you wanted to wait til the end Mayor to do that. Want to go through the entire presentation? Mayor Furlong: Why don't, l guess let's keep going on the presentation. Kate Aanenson: Okay. Mayor Furlong: At least to the point that we get staff, or council questions. Kate Aanenson: Sure. So on the orange here, the top one would be the drainage and utility easements again that were dedicated with the Woods at Longacres, so the drainage and utility easements dedicated with the Song plat and then finally the drainage and utility easements vacated in 2000, excuse me drainage and utility easements dedicated in 2001 and 2002 so you can see how those play in. Mayor Furlong: Ms. Aanenson, what were the dates of each of these events occurring, do you recall? Kate Aanenson: Well the drainage and utility easements with the Woods would have been probably '94. Mayor Furlong: Okay. Kate Aanenson: So they're going in chronological order here. Mayor Furlong: Okay. So the Song plat occurred between Longacres plat and the dedication in 2001- 2002? Kate Aanenson: Yes. I believe that's correct. Mayor Furlong: Okay, thank you. Chanhassen City Council — November 13, 2012 Kate Aanenson: So this again would show those easement areas but I think I don't know if Paul wanted to spend some time with a little bit more detail on any of the vacation for the easements or if you had any other questions on that. Other than that we believe it's the best use of the property creating these larger estate lots because based on the fact that there's slopes, heavily wooded, significant wetlands, higher quality and one of again natural environment wetland which we have limited of so we believe that this is well suited for this type of estate lots and would recommend approval based on the public hearing and your recommendation on the vacation of the drainage easements. With that I'd be happy to answer any questions that you have. Mayor Furlong: Thank you. Questions for staff from council. Councilwoman Ernst. Councilwoman Ernst: Kate, can you tell me based on the public hearing at the Planning Commission, did you get any feedback other than the removal of, the concern for the removal of trees? Kate Aanenson: That was the only person that spoke at the meeting Councilwoman Ernst: Okay. So no other feedback? Kate Aanenson: No. Again the subdivision to the south did have significant trees too. I mean that was called the Woods at Big Acres, the Big, I said that wrong. Big, now I cannot say it. Anyways that subdivision, when that went into place that was controversy at times because we had the Meadows at Longacres on the one side then the Big Woods on the other side and actually you know we worked really hard to save some of the significant trees and that's when we were refining our tree preservation ordinance so some of those lots, there probably was more significant tree removal done on those lots unfortunately on some of those and it's always hard for the Planning Commission, the staff when we're looking at other people's property when we had already recommended kind of those what we believed were the higher quality trees kind of worked into those sloped areas and also provided the opportunity through the preservation to increase the water quality for stormwater management so we believe that was the appropriate way to go but that was the biggest concern is the loss of that visual barrier there. Councilwoman Ernst: Thank you. Kate Aanenson: And I'm sorry Mayor, 1 did want to point one other thing too. In the staff report we did use the term conservation easement on those new easements and that would be under a condition. We referenced adoption of the conditions and we would change that word specifically under the condition under environmental resources conditions that we change the word conservation to preservation. Legally they have different tests for them. Mayor Furlong: What's the, what is the difference between conservation easement and you said preservation easement? Kate Aanenson: I'll let the City Attorney answer that. Mayor Furlong: Good evening Mr. Knutson. Roger Knutson: Good evening Mr. Mayor. Council. The conservation easement is an easement recognized by statute that has a bunch of rules to it. One of the rules is once it's created it takes the District Court to vacate it. A normal easement that you're involved in like a preservation easement or drainage and utility easement, you can vacate that on your own elision but if you want to get rid of a conservation easement you have to go to court and start an action and then it's quite a complicated process. Chanhassen City Council — November 13, 2012 Mayor Furlong: Okay. Alright, thank you. And I guess the questions I had with regard to the purpose of those, of this preservation easement is for stormwater management? Kate Aanenson: That's correct. What the Water Resources Coordinator did is using the calculations provided through Carver County for best management practices you calculate based on canopy coverage a ratio so that ratio instead of putting a stormwater pond based on the topography, those meetings were held early with the developer to say instead of trying to create a pre-treatment using stormwater and eliminating or grading into the slope or eliminating some of those trees, that we would use a factor of the canopy to help with the extraction of holding back that water before it went into the additional stormwater pond so again with the preservation if there needed to be some tweaking or relocation of trees in the future that the council would then through that terminology have the ability to adjust that in the future. Mayor Furlong: And I guess the question I would have with regard to the preservation easement, is it in terms of putting that in place, is that something that could be managed by staff if there's a desire by the future property owners to work with that? I don't want to get into comments but vacation of a preservation easement or something like that would certainly. Councilman Laufenburger: Or modification. Mayor Furlong: Or modification may require council action but I would believe. Roger Knutson: Yes. Mayor Furlong: The administration of that and how, what's allowed, we allow people to do things in drainage and utility easements periodically with agreement and I would assume that a preservation easement would fall into a similar type of management. Roger Knutson: That's correct, yes. Mayor Furlong: Administration as well. Okay. Alright, thank you. That's good information. Any other questions for council or for staff at this time? And I guess. Councilman Laufenburger: I do have, yeah please. Mayor Furlong: Please. Councilman Laufenburger: Kate would you just, would you go back one screen to there, multicolored. So if I read this correctly the portion on the, call it on the right side of these 3 diagrams. The orange, the blue and the green, all of those are, you're asking that those all be vacated, is that correct? Kate Aanenson: I'll let the City Engineer speak to those. What those drainage easements were for. Paul Oehme: Councilman Laufenburger, council, we are asking for those easements to be vacated at this time but when the final plat comes in those easements over the existing utility lines would be dedicated at that time so there would be no loss of maintenance or access to that infrastructure. At the final plat time. Councilman Laufenburger: So these easements will be vacated but they will be replaced by easements that serve the 4 lots, is that correct? Paul Oehme: That serve the existing utilities Chanhassen City Council —November 13, 2012 Councilman Laufenburger: The existing, okay. Look at the blue one. That large triangle, actually it looks more like a ballfield but on the upper right, I'm looking at the screen now. Is that in fact a utility and drainage easement or is that the conservation easement? Kate Aanenson: That's actually a conservation easement. That's the wetland one and I apologize on that. If you look on, can I just go to. Councilman Laufenburger. Yeah, show up the page. Kate Aanenson: Yeah, that's actually part of that is, I believe in this area here where there's a wetland and this area shaded around here is the buffer. That's in a conservation easement right now. Councilman Laufenburger: Okay. So if it were possible to overlay the utility easements on this, could you go back to that colored slide again. Is it possible for you to show with an arrow where the driveway is? The private drive. Kate Aanenson: I'm not sure 1 can on this one. Let me just see. Councilman Laufenburger: Oh wait, okay. Kate Aanenson: It's this one coming further south. Councilman Laufenburger: Okay, right there, okay. Alright, so the request is to vacate these easements at this time but there will be dedicated easements on top of the utilities that exist, is that right? Paul Oehme: Correct. The vacation would be contingent on the final plat being approved and those new easements dedicated. Councilman Laufenburger: Okay. Paul Oehme: It's a lot easier for platting to vacate the easements instead of describing it and then replatting so there's some nuances there. Councilman Laufenburger: Okay. Kate Aanenson: Yeah, and I just want to be clear we're only vacating drainage and utility easements. We're not vacating conservation easement and I'm not sure that that's worded in the motion correctly but it does say drainage and utility easement. We're not vacating a conservation easement and I think that's, misrepresented on this illustration. Councilman Laufenburger: Can you go back two slides? There. Where is, there's a culvert on the property right now that goes under the driveway. Is that the yellow line that goes kind of in a, from a southwest to a northeast direction? No. Farther, between Lots 2 and 4, yeah. Right there. Kate Aanenson: Yeah. Councilman Laufenburger: Do I read correctly that that culvert will be replaced or is it a dual? Kate Aanenson: Yeah, it's going to be a culvert there. That's kind of what we're talking about. Chanhassen City Council —November 13, 2012 Councilman Laufenburger: So that facilitates water movement from Lot 2 under the drive, under the new private street to that wetland area which is in a conservation easement, is that correct? Kate Aanenson: Correct, and we're adding a preservation area around that conservation easement to add additional tree preservation for the ability to slow down the rate of the water before it goes into the wetland here. Councilman Laufenburger: Okay. Okay, I understand that. Now would you go to the, there was an area where you showed a concern at the public hearing regarding trees in Lot 3. Could you go to that? I guess that's it right there. Kate Aanenson: Yeah. Councilman Laufenburger: So what was expressed by the, at the public hearing about these trees? Kate Aanenson: The neighbor to the south actually got up and we included in your packet illustratively enumerated trees that they would like to see saved that they would see out their, out their deck. Councilman Laufenburger: What was their argument for that? Just that they wanted a better view? Kate Aanenson: That they wanted to continue to preserve that view, right. Councilman Laufenburger. Does that property owner have anytrees of their own on their own property, do you know? Kate Aanenson: I'm not sure in that area if you look on the photo from their back yard looking out their deck, it doesn't appear to be too many. Councilman Laufenburger: Is there any restriction that the City has on how many trees somebody can put in their yard? Kate Aanenson: Put in their yard? No. No. Councilman Laufenburger: Okay good, thank you. Those are my questions Mr. Mayor. Mayor Furlong: Alright, thank you. Other questions for staff at this time? Let's, since we've talked about the utility, drainage and utility easements and there have been questions. Let's go ahead, well let's go with the applicant first and we'll get all the information on the table and then we'll have our public hearing with regard to the drainage and utility easements only. Is there a representative, or is the applicant here or their representative that would like to address council? Good evening. Todd Simnig: Good evening council. Todd Simnig. Kroiss Development, 2051 Pioneers Drive in Chanhassen, 55317. 1 thought Kate did a very good job of describing the project so if you guys have additional questions for me I'd be happy to answer otherwise it's I think fairly self explanatory in what the project is. Mayor Furlong: Okay, any questions? Mr. Laufenburger. Councilman Laufenburger: Simnig, is that correct? Todd Simnig: Yes. Chanhassen City Council —November 13, 2012 Councilman Laufenburger: I'm looking at the drawing that shows the 60 by 60 foot squares or pads on which the homes are intended to be built. Are you comfortable with that? Mayor Furlong: Excuse me, these are the ones on the screen right now that you're talking about? Councilman Laufenburger: Yeah, the ones on the screen right now. Todd Simnig: The ones on the screen right now we're very comfortable with where the houses will be placed, yes. Councilman Laufenburger: And you're also comfortable with the trees that would likely remain and the trees that would be removed? Todd Simnig: Yes. You know with the, we worked with staff actually quite a bit with the two conservation/preservation easements. Councilman Laufenburger: Preservation easements. Todd Simnig: And our only, our only real concern was Lot number 4 and we were trying to get a walkout lot out of that one and because of, actually and I have to admit that I thought staff did a really good job with us in working the line. We really wanted to get a walkout lot out of that one. Councilman Laufenburger: Walking out towards the wetland? Todd Simnig: Yes. We weren't able to. We got a lookout and so we were fine with that and so everything that we showed on there as far as trees to be removed and pad wise worked out for us as well. And you know a lot of developments somebody might go in and develop and sell the lots off and somebody else build. My partner and myself, Steve Kroiss will actually be building the houses in this development so. Councilman Laufenburger: Good, thank you Todd. Todd Simnig: You're welcome. Mayor Furlong: Just a follow up question with regard to the house pads delineated here. The drawing actually shows 100 by 100 and I thought Kate our ordinance requires 60 by 60, is that correct? Kate Aanenson: Yeah. I'll just comment on it a little bit because these are executive homes. They're not going to be in a perfect box. You're going to have a buyer that has specific needs and getting that lookout or that walkout, potentially a pool so I think what we wanted to do is have a rough estimate. I know the neighbors wanted to know exactly where the houses are going to go. Part of the challenge for engineering too is to make sure that we follow the lowest floor elevation and each lot falls within that certain range but you give flexibility to the builder who is trying to meet a buyer's need so what we try to do is approximate what we think you know the shape is not going to be a square more than likely but that we try to estimate what we think is going to be the tree loss and that's really to the neighbors so we don't increase or decrease expectations. We try to be realistic in what we think will happen based on past practices of a typical executive home. Mayor Furlong: Okay. Alright, and other questions for the applicant at this point? With regard to the grading plan, that's going to be a custom grade as opposed to a mass grade? Chanhassen City Council —November 13, 2012 Todd Simnig: Yes. Mayor Furlong: Could you explain that a little bit for people who may not understand the difference. Todd Simnig: You know we'll actually, we'll actually grade the private street coming in. We'll put the private street in there but as we design each individual house, depending on whether it's a two story, whether it's a rambler, you know size, that's one of the reasons why we showed a 100 by 100 pad. It's always best to I guess over emphasize it and then tone it down versus giving a smaller pad and then saying oh boy, we need more. And so in this case they're I to 2 acre lots and we really wanted to give everybody the opportunity to decide whether they wanted a rambler, two story, a walkout, or whatever and so at the time of every house that we design we'll actually come up with a custom grading plan. Submit that to the City. The City will actually look back and review it over and give us the okay, whether it's, here's the trees that can go. Here's the ones that can't and here's where the walkout will be and here's where it won't and so once we actually dig the foundation we'll actually grade it out per that individual house. Mayor Furlong: Okay. Todd Simnig: And so our hope is to save as many trees, and that's the interesting thing about this you know unique site is that there's so many nice trees on it. We're hoping to be able to save some of the bigger trees depending on the home design and hopefully we can encourage people, as we're designing to say hey, there's trees on this side over here. Let's move the house over here a little bit and here's what we can do with it and then we'll go ahead and take down the trees that need to be and grade that out so that's how the process would work. Mayor Furlong: Okay, that's helpful. Thank you. Any other questions? Mr. Simnig, thank you. Todd Simnig: Thank you. Mayor Furlong: Appreciate the comments this evening. Let's go ahead and open up a public hearing with regard to the vacation of the drainage and utility easements and I would invite all interested parties to come forward with regard to that matter and address the council at this time. No? Okay. Thank you. Without objection we'll close the public hearing and bring it back to council for comments. Thoughts. Comments, thoughts, observations. Mr. Laufenburger. Councilman Laufenburger: Just I was, 1 went into the property earlier today and it's kind of, I'm very excited to see the possibility of 3 new homes coming into Chanhassen obviously but I think it's just a beautiful area and I think the developer is going to have a, they may have a hard time fighting people off from finding space there. Mayor Furlong: Such a problem. Councilman Laufenburger: Yeah, such a problem and I just think that it's, I think it's a good addition for Chanhassen and I would support the, both the subdivision as well as the vacation of the utilities, or the easements. Mayor Furlong: Thank you. Other comments? Discussion. Councilwoman Ernst. Chanhassen City Council — November 13, 2012 Councilwoman Ernst: No, and I agree. I think the developer has done a great job of trying to accommodate the development and trying to save trees and I think it's going to be a great area. Beautiful area so I would support it. Mayor Furlong: Okay. Mr. McDonald, any comments? Councilman McDonald: No comments. I'd say that again everybody's done a real good job and I appreciate the fact that what he's trying to do is custom build these within the lots so that there is a minimal damage to the landscape and such and so I look forward to it also. Mayor Furlong: Okay, thank you. I think it's a nice development. It's a beautiful piece of property and will make very nice, nice spots for some new homes. I do also want to thank Ms. Aanenson, city staff for their recommendation with regard to the elimination of a conservation easements being placed on, new ones and moving it over to a preservation area and again, the reason we're looking at this and I think credit is deserved as well for staff for saying that sometimes the one size tits all process doesn't work. The whole reason we're looking at these preservation areas is because anytime there's a development we have to deal with the storm water runoff and there are some pretty nice natural features around this property that we want to try to minimize any effects from the development and one way to do that is to put in a stormwater pond, which we see all across our city. This particular site doesn't really lend itself to that and so by looking for some other alternatives such as recognizing the heavily forested areas in some parts of this property and that the simple facts that plants absorb water and reduce runoff, reduce erosion themselves and utilize that I think makes a whole lot of sense so thank you for doing that. I think that's absolutely the right way to go and 1 think by moving the, by looking at a preservation area and treating them similar to how we look at drainage and utility easements, that will also, one of our concerns always is to make sure we're balancing public interest with private property rights. Each of these lots will be owned by someone and someone who wants to develop their property as they think is best for them and we want to try to encourage that but keep that balance there against the public interest of stormwater runoff and such and so I would encourage staff as the property owners, the new residents that move into these homes want to try to do some things perhaps in these preservation areas that we look to work with them flexibly so they can achieve their goals of home ownership and at the same time make sure that we're looking out for the natural resources and so it's, you know when applying best practices is good and that's what we try to do all the time but we also recognize that there are, there are qualitative factors that are included in that quantitative process of identifying the areas and so I think there, to the extent that we can approach with some flexibility if requested by the property owners I think that would certainly be the right way to go and I think by establishing preservation areas 1 think that that's appropriate. 1 did notice there was some, one of the conditions here under environmental, I think number 5 talks about some signage being put up. I assume that we don't need to be doing that. I can't imagine having signs in the back of my yard or someone else at the edge of an easement so if it's a temporary sign and such for construction purposes, that would certainly make sense but if that's something that we can remove as a condition or however you think. It's number 5 under the Environmental Resource, if you see that. Kate Aanenson: Yep. Mayor Furlong: And again since this isn't a conservation easement we obviously don't need signage outlining such. But with that I commend staff and the developer and the property owner for working so well together. I think that the people that are going to be buying these lots are going to be buying wooded lots and that's what they want to buy and so there's going to be a natural hesitancy to be cutting down a bunch of trees, especially the significant ones and so by moving forward with the process that's been laid out here with the custom grading and the permits on, when the site's designed and as the, as Mr. Simnig said, you know work to preserve trees, I think that's going to be everybody's interest so I thank everybody for all their involvement in that. With that, this is a preliminary plat recommendation, correct? 10 Chanhassen City Council —November 13, 2012 Kate Aanenson: Correct. Mayor Furlong: For preliminary and so this will come back to us with final. Is that the point, if we do a motion tonight eliminating references to conservation easements and replacing them with preservation areas, is that, can that language be incorporated in the final? Kate Aanenson: Yep. Yes Mayor, typically those. Mayor Furlong: Without us having to go through tonight. Kate Aanenson: That's correct. Typically we would make those changes as they come back on your consent typically agenda. Mayor Furlong: And that would be fine. That would be fine. Okay. Thank you. Any other discussion? If not, would somebody like to make a motion? Todd Gerhardt: Mayor, council, before you motion. I just wanted to emphasize the Mayor's point. Typically we'll sign anywhere from 50 to 60 encroachment agreements per year allowing residents to encroach into encroach into drainage and utility areas or setback areas so you know the same would hold to this development. If somebody would want to encroach in an area, our engineering department, Paul Oehme's staff reviews those and works with Roger's office to draft the necessary agreement. And then lastly the Mayor signs it and reviews it and. Mayor Furlong: Sometimes asks questions. Todd Gerhardt: Sometimes. Mayor Furlong: Thank you. Would somebody like to make a motion? Councilwoman Ernst: I'll make a motion. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: So do we want to make the modification in here too with replacing the word. Mayor Furlong: Including the change in language from conservation to preservation? Councilwoman Ernst: Yeah. We just add that in. Mayor Furlong: Why don't you add that in. Councilwoman Ernst: Okay. I make a motion we approve the vacation of the drainage and utility easement and the preliminary plat creating 4 lots with a variance for the use of a private street subject to the conditions of the staff report and adoption of the Findings of Fact and replacing the word conservation with the word preservation. Mayor Furlong: Preservation areas. Todd Gerhardt: Eliminate item 5? 11 Chanhassen City Council —November 13, 2012 Mayor Furlong: And eliminate item 5. Councilwoman Ernst: And eliminate number 5. Mayor Furlong: Under Environmental Resources. Councilwoman Ernst: Under Environmental Resources. Mayor Furlong: Okay, thank you. Is there a second for the motion? Councilman Laufenburger: Second. Mayor Furlong: Motion's been made and seconded. Any discussion on the motion? Hearing none we'll proceed with the vote. Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council approve the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Engineering Conditions: 1. The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. 2. At the end of the project, the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 12 Chanhassen City Council —November 13, 2012 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop conservation easements to preserve existing wooded areas on Lots 1, 3 and 4. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. 13 Chanhassen City Council —November 13, 2012 Parks & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate. in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment 1. Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded conservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Appropriate signage demarcating the boundary of the conservation easement must be placed by the applicant before release of the final plat. The signage must be at any point the easement boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 3. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 4. The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of 14 Chanhassen City Council —November 13, 2012 deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading.plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management The applicant shall provide the city with an exhibit quantifying those areas within conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 15 Chanhassen City Council —November 13, 2012 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. All voted in favor and the motion carried unanimously with a vote of 4 to 0. Resolution #2012-63: Councilwoman Ernst moved, Councilman Laufenburger seconded that the City Council adopt a resolution to vacate the drainage and utility easements on Lot 1, Block 1, Song Addition as shown on the attached exhibits prepared by Otto Associates. All voted in favor and the motion carried unanimously with a vote of 4 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: Comments or discussion from council. Councilman McDonald: Mr. Mayor. Mayor Furlong: Mr. McDonald. Councilman McDonald: Yep. Well I just wanted to say that as everybody knows there was an election last week and spent a lot of time out campaigning and such and I just wantto thank all the residents and. everybody who allowed us to come up to their front door and knock on their door and spend some time talking to us. I know that a lot of people kind of get swamped out with all of this stuff but I'm really appreciative of everybody who supported both myself and also speaking for Ms. Tjomhom who's not here right now but we are very grateful for everyone who would listen to us and we're very grateful for all the support and the votes that we did receive so thank you Chanhassen and look forward to serving you for another 4 years. Mayor Furlong: Thank you. And I think in that regard maybe if there are other comments about the election, earlier this evening the 5 of us sat as the Canvassing Board and approved the election results and voter turnout was very high in Chanhassen. I think we all appreciate that and thank everybody that took the time and effort to, in their day to come out and vote and that's really, it's a right that all of us have but it's also a responsibility to exercise that right to be an informed voter and so we certainly appreciate everyone's involvement in that. And I'd also like to thank Karen Engelhardt who is our Chief Election Officer in town. All the election judges. What do we have Mr. Gerhardt, about 120? Does that sound right or over 100 election judges many of whom spent their entire day from before 7:00 in the morning til after 8:00 at night at some of the polling places so there were a lot of changes in where people voted this year. It seemed to go fairly smoothly and that's a credit to the planning ahead of time. The election judges on site and then also to the many partners, the churches and others that open their doors and allowed us in as a city to help us conduct our elections. We appreciate all their support as well. Other comments. Councilwoman Ernst: Yes. Mayor Furlong: Councilwoman Ernst. Councilwoman Ernst: I just want to talk a little bit about the Yellow Ribbon. What a great event at the Legion and I want to recognize Laurie because I know Laurie played a big part in that. Mayor Furlong: She did. 16 /D- -I�- Chanhassen Planning Commission — October 16, 2012 36. Any dewatering needed shall have a plan which shall be included with the SWPPP. This plan shall be provided to the City and the City shall be notified at least 48 hours prior to commencement of dewatering activities. 37. Stockpile areas shall be shown on the plan and shall include the anticipated sediment control practices which will be implemented. These additional quantities shall be added to quantities currently in the plan. 38. Encroachment agreements are needed for any structure located in the drainage and utility easements. This includes but is not limited to the parking lot and light poles located in drainage and utility easements. 39. The applicant shall work with staff on minor plan modifications. 40. The trash enclosure shall utilize the same exterior materials as the proposed building. Recycling space and other solid waste collection space should be contained within the same enclosure. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Aanenson: Mr. Chair, just for the record. This is proceeding to the City Council next Monday on the 22nd Aller: So those of you interested in following this matter before the City Council should look to the City Council on October 22, 2012. And all these documents and records can be found on the City of Chanhassen website. Moving onto item 3. PUBLIC HEARING: WYNSONG: REOUEST FOR PRELIMINARY PLAT TO SUBDIVIDE 9.37 ACRES INTO 4 LOTS WITH A VARLINCE FOR A PRIVATE STREET, AND VACATION OF DRAINAGE AND UTILITY EASEMENTS ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT - RESIDENTIAL (PUD -R) LOCATED AT 7042 GALPIN BOULEVARD (LOT 1 BLOCK 1 SONG ADDITION). APPLICANT: STEVE KROISS GALPIN BLVD PARTNERS LLC OWNER: CHARLES SONG, PLANNING CASE 2012-16 Generous: Thank you Chairman Aller, commissioners. As you stated this is a public hearing for a subdivision approval for the development's name is Wynsong. This property is located on Galpin Boulevard between Highway 5 and Lake Lucy Road. It's on the west side. It's just south of the Lake Harrison development and if you go to the next slide. Too far. Just to the north of this is the Lake Hanson development. That's a single family residential development with a large wetland complex that this property connects into it. To the south of this is the Woods of Longacres, the development which is a single family detached housing with a larger area of open space, wetlands and then there's a private park area. Originally this property was part of the Woods of Longacres subdivision. It was an oudot for that development. The Song's replatted it as the Song Addition and built their home in the mid to late 90's and then now they're coming in requesting a subdivision of their site into 4 lots. Each of these lots is over 1 acre in area and that's on a net basis so when we did our review we took out all the wetland area on the individual lots. It has a lot of significant environmental features on the property. To the west is Lake Hanson which is a natural environmental lake. There are 3 wetland complexes within the property boundaries. There's a significant 15 SCANNED Chanhassen Planning Commission —October 16, 2012 elevation change that goes 45 foot increase in height as you go from the east to the west of the property. There are 3 high points on the property. It's currently zoned, served by a long driveway. As a part of the development they're requesting a variance to use a private street and this would follow approximately the alignment of the existing driveway. Private streets require a 20 foot pavement width and they're built to a 7 ton design but they're smaller than our public streets and the use of a private street in this instance is appropriate because there's no other properties that need to receive access from the street system. Both to the north and the south they are accessed by their own public streets. There are significant environmental features that can be preserved through the use of the smaller street cross section. The wetlands as you immediately come in force the location of the private street or any public roadway and so if we widen this roadway to meet our public street standard they would significantly impact those environmental features as well as additional tree removal within the existing roadway easement. Again private streets are allowed for up to 4 single family homes so this would be the maximum development that could take place within this project area. So as far as the use of a private street we believe it meets all the criteria for that and are recommending approval of the variance. As we said the middle portion of the site is heavily wooded. It is an example of the Big Woods. With the street, private street extension they also are putting in public utilities, both sanitary sewer and water service for all the properties. The existing home is served right now by city sewer and water and they will reconnect to the new system that's put in place with the development. As part of the tree removal plan the developer has proposed a worst case scenario if you will and they're using 100 by 100 foot building envelope area that they're saying that they'll remove everything. However as these sites develop each of them will be custom graded and will review the development proposal. One of the conditions under the, our forester was that we look at, as part of the building permit process if there's additional trees that are shown for removal that could be preserved by the house design or use of other environmental features like retaining walls around trees such as the City did with the public works building to preserve the large oak right in front of the entrance to that building. So there are things that we can do with the siting of a building but they'rejust using a gross plan to say this is where we would take out the trees and so we think that we can do a better job when the final building permits come through. As part of this project, because of the unique environmental features we've also requested that, or are requiring that the developer provide conservation easements to preserve these trees, or significant portions of these trees. Instead of providing a standard stormwater ponding system as part of this development we're using a system that by preservation of trees they get credit towards meeting their stormwater requirements and we found out that trees do treat a lot of water and they, not only are they beautiful feature for the site but they are environmental improvement to our stornwater system. We have worked out an agreement for the extent of the conservation easement on Lot 4 which is the northerly lot in the project. What it does is it probably limits that house site to a lookout house on the northwest elevation rather than a full walkout on the property. Which is Lot 4 is here and so originally, this preserved area is larger than would normally be required under the City's buffer yard standards for wetlands. This is a significant wetland up here because it's an example of a wooded wetland so it has very high quality. It's connected to a larger system which extends up to the north and actually to the northwest through the Lake Harrison development. They are providing additional buffer area for the wetland setbacks and those are shown in red on the property and like I said there's 3 areas of wetlands within this development. We believe that the proposal meets all the requirements of the city ordinances and we are recommending approval of the preliminary plat with the variance for the private street. With that I'd be happy to answer any questions. Colopoulos:... Private street, is that an expansion of what is essentially his existing driveway? Generous: That's correct. Colopoulos: Okay. And the maintenance of the street will be the responsibility of the residents? Generous: Correct. They'll have a maintenance and access agreement that's recorded over it benefitting the 4 properties. 16 Chanhassen Planning Commission — October 16, 2012 Aller. I think the report follows through with all the questions and again I don't see anything in the report so you're just confmning right now that the, that we don't see anything and there's nothing presented to us that is in violation or would not meet the city requirements? Generous: That's correct. They exceed minimum requirements of our ordinance. Oh except for on Lot 1 they need to add 2 feet of frontage on the lot so they adjust the lot line and that's one of the conditions of approval. Aller: It's a condition on the report? Generous: Yes. Aller: Okay. I'll open up the public hearing portion of this matter. Is there anyone wishing to speak for or against on this request, please come forward. State your name and address for the record. Steve Buska: Hello, my name is Steve Buska. I live at 7054 Northwood Court and I'm against the proposal as it's presented. I have a few photos that I'd like to show. If you can zoom in on that that'd be great. So overall at a high level, I mean this is a great proposal and I look forward to being a neighbor of this proposal. My home though is located right here on the southern edge of Lot 3 and my concern is that they're going to take out 40 mature trees from 25 inches in diameter to 40 inches. I'm sorry to 35 inches in diameter for the 40 trees and I'm also concerned that the concentration of those trees all being on Lot 3, which is shown here so my concern is that they've come in with a large 100 foot by 100 foot pad and they're requesting that all the trees be removed from the pad, as well as they're requesting trees be removed outside of the pad. Again my home is on the southern edge here and the City has requested that some of the trees be preserved. I'd like to put in record that I'd also like to see you know trees 57 and 58 be preserved. And then additional photos is looking out the back of my yard. You can see I've marked some trees but tree 50 would be preserved. Tree 49, tree 57, and tree 58 would all be taken out and again this is the south edge of the Lot 3 and then looking a little bit further to the west you can see trees 63 and 64 being removed as well as some of these large trees will be removed so just concerned that the raw number of trees being 40 trees being removed. Also concerned with the location of the trees. The oversized pad and the number of trees being removed. And then this is an aerial view. Again this is the south edge of the lot so it's... from the north/south direction but again examples of trees 49, 57, 58, 63,64. By preserving those trees you can create a buffer between the Longacres community and this community. Preserve some of the sight lines of everyone in the neighborhood as well as provide plenty of room to put a house on Lot number 3 so again emphasizing, try to preserve additional trees especially trees 57 and 58. For the trees that the City has requested to be preserved, stronger language. Making sure that a majority of those trees are preserved and then just making sure that additional information is considered on the justification on why those trees need to be preserved and that information is not available on the current proposed plan. Thank you. Aller•. Thank you. And Bob for clarification, that lot that's going to be directly across from that, is that 1, 2, 3 or 4? Generous: That was Lot 3. Aller: 3. So there's no present decision or determination on the actual size of anything that's being put on that particular lot. Generous: That's correct. We don't have a specific building pad. They are proposing, that's a worst case scenario. 17 Chanhassen Planning Commission — October 16, 2012 Aller: Okay. Aanenson: Again these lots are well in excess of one acre and it's part of that original project. All the lots in the Longacres are under the PUD so they could be as small as I 1 and when we did the Woods of Longacres there was a lot more woods in that area too. I think by doing these custom grading it helps us preserve but we don't know until we get a buyer. That's the challenge of the custom grading but the developer has to provide you know a certain footprint area so when the plan comes in we'll try to work with it so obviously our goal is to always try to preserve as many trees as we can but until you have an individual buyer, you have to have a plat first before you can offer it up and then we try to work with it that way. Certainly we recognize that saving those trees and providing that buffer's important and the area that they're going is the area with the least amount of grading so if you were to go further to the Galpin Boulevard side, there's significant grade changes in there so that would, putting a house there would also take out the trees and providing a lot of additional grading that doesn't make a lot of sense so you try to work within that so depending on the style of house that comes in, whether walkout or whatever, they're going to use some of those grades on the other, on the higher piece there so that's part of the challenge but like we said you know sometimes you can save those trees. Individual trees through retaining walls but what we've learned in our past history is that trying to over protect those trees will lead to a lot of disappointment of people who say it's our expectation they're going to say when they go down later so we always try to provide the worst case scenario so you know we have clear expectations so that is the worst case scenario and that's what we try to present because we've moved along in our tree preservation. When we fust started we tried to save trees too close to the house and then we had an unhappy homeowner in 2 years when the tree died and we made them save it and they worked around it so we've worked really diligently when they're that close we just make that decision in looking at whether or not it's possible to try to save it or not so it's a very you know careful consideration when the home plan comes in and can we tweak it. Can we move it and try to find the best solutions so our goal here tonight is just to present the worst case scenario. Certainly hope we can save more trees but it depends on the house. Aller. But I think it's important to recognize the concerns of the neighbors as well as the recognition of the city certainly since I've been dealing with different committees in their efforts to maintain those trees and keep them. The importance of the overstory and understory plantings that occur in these developments so it's a good discussion and good to have it on the record. Any other individuals wishing to come forward, either for or against? Come forward. Please state your name and address for the record sir. Todd Simnig: Todd Simnig, 2051 Pioneers Drive, Chanhassen, 55317. Aller. Welcome. Todd Simnig: I'm actually the, developer and builder of the lots, Wynsong. Particularly for Lot 3, just to answer any questions you have, we actually do have a buyer for that one. Interestingly enough the back grade of that house, as the neighbors are looking back and where our house is because of the slope of the private street coming up, there's actually going to be a retaining wall in that back area to keep our house down because we have a, you know a limited 10% driveway to come up and so with that 10% driveway we know that the house foundation's going to be at a certain level and that is actually going to be dropped from what that area is in the back back there. So with a retaining wall sitting back there and we know what the buyer actually has a swimming pool that they're going to be putting in the back yard, I can't guarantee that those trees are going to be saved or not. At this stage we're still designing the house. Still going through the process. Technically speaking we have a little over 2 acres of trees that we can take out of the site to meet requirements within the City. Now our goal is, I mean you guys know this, I mean really nice lots back there. The goal isn't just to take down every tree and you know to completely take it out and then not have a nice development but to unequivocally say today that you're going to be able to save those trees or come up with some hard line language saying hey, we're going to make certain those trees are there. It'd be very difficult until we actually are able to design the houses, particularly with the custom lots. Custom grading as Bob and 18 Chanhassen Planning Commission —October 16, 2012 Kate had mentioned, as well as working with the City to actually preserve 2 large pieces of gees particularly on Lot number 4 where we gave up a walkout lot just to be able to go with a lookout to save more trees and the City really worked well with us with that. I think we still exceed the minimum requirements on that so to put additional requirements on tree preservation today is I think very difficult until we actually get into the design of the houses. Grading. Finishing it out because as Kate and Bob also stated, and we've been builders for 25 years, my partner and I, in Chanhassen and other areas where all of a sudden we try to save these nice oaks with a retaining wall 10 feet away and 2 years later they're dead. If you can't stay a long ways away from the trees that are there the chances of them living are really, really slim so anyway I understand because I live in Chanhassen. Live in the area also but to put a hard definitive yes, we're going to be able to save something is difficult tonight so, and I'll open that up to any questions you guys have for us too. Hokkanen: I have a question. Can you share with us, is that going to be a rambler or a two story that you're thinking of? Todd Simnig: That one's going to be a two story and it's going to be most likely a lookout to the side. It's going to be a full basement in the back because I don't, if you look at the grade it goes uphill so fast that that's the reason why we have to have a retaining wall in the back side back there drop down just to have a decent level back yard back there. Hokkanen: Okay. Todd Simnig: And minimum of, at least that would actually help bring the house down and not look at a big you know back yard. And additionally the house will actually be facing obviously not to you guys but it's actually going to be facing you know people are going to take advantage of the southwest, not looking back at the, I guess that'd be the, what would be? More of the south. The house is going to be facing this way so you might see a little bit of a side of it but you're not going to see you know a great big structure in the back. Aller. And then you're going to need to be dealing with the wetlands and your water runoff and all those things so that is to come in the future and I'm sure that you'll be dealing with the appropriate authorities with regard to which trees should and shouldn't be maintained or attempted to be saved based on the natural resources and where they want the water to be so. Todd Simnig: Correct. Aller. Okay. Anything further? Thank you. Anyone else wishing to come forward either for or against? Seeing no one come forward, close the public hearing. Comments from commissioners. Anything? Hokkanen: I just love the trees. It's a very wooded development so the less, you know if someone, hopefully someone would not come in and want to take down a lot of trees. The purpose they're going to want to be there is in a wooded development. A little concerned with a pool. You're going to need to take down trees for a pool but you know I think they'll deal with that at each specific time. Aller. And as I stated before, I think the City's done a good job in looking to preserve those things. It's in the report. Certainly the backing of several environmental agencies indicating that the overstory trees are just as good or better than trying to put in other alternatives for maintaining the wetlands and the water runoff so with that I'll entertain any motions. Undestad: I'll propose that the Chanhassen Planning Commission recommends City Council approve the subdivision creating 4 lots with a variance for the use of a private street subject to conditions of the staff report and adoption of the Findings of Fact and Recommendations. 19 Chanhassen Planning Commission —October 16, 2012 Colopoulos: Second. Aller. I have a motion and a second. Any further discussion? Just I think digit's a, just an addition. We didn't really cover, although it's in the report, it's in the Findings, the variance issue with regard to the street. I think it's absolutely fits the bill for purposes of a variance in that it's a unique property. It would be a hardship on other individuals not to have that use in that fashion so... Undestad moved, Colopoulos seconded that the Chanhassen Planning Commission recommends the City Council approve the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Engineering Conditions: 1. The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. 2. At the end of the project, the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 20 Chanhassen Planning Commission — October 16, 2012 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop conservation easements to preserve existing wooded areas on Lots 1, 3 and 4. 5. Conservation easement signage will be required to be installed by the developer at property lines and angle points on each lot. Signage shall be approved by the city prior to installation. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Parks & Recreation Conditions: 21 Chanhassen Planning Commission — October 16, 2012 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Plannine Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded conservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Appropriate signage demarcating the boundary of the conservation easement must be placed by the applicant before release of the final plat. The signage must be at any point the easement boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 3. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 4. The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater 22 Chanhassen Planning Commission —October 16, 2012 than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management I . The applicant shall provide the city with an exhibit quantifying those areas within conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. 23 Chanhassen Planning Commission — October 16, 2012 All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Hokkanen noted the verbatim and summary minutes of the Planning Commission meeting dated October 2, 2012 as presented. CITY COUNCH. UPDATE. Aanenson: The Riegert variance on 620 96" Street, the City Council did approve that variance. You had recommended, you didn't have a super majority so they did recommend approval of that as submitted. And then the Bretton Way one actually we just dealt with the one use there and so actually the City Council also has the review to actually look at all the uses in there so instead of just taking that one issue, because to kind of clarify what should be in there and shouldn't be, we'll be addressing all that at their meeting on Monday night. Your other variance request actually chose instead of going up to the City Council to appeal is actually come back before you but because of the meeting dates we had this agenda full. It will actually be on your November meeting, which is kind of my next point. So we just have 2 more meetings before the end of the year. We will not be meeting at our next one. I'm assuming you're going to be voting or watching the elections so our next meeting will be November 20`s and that's when we'll have the one variance request on and then the other one will be December 4h, yeah. And we do have some other applications. Another variance of course but we are working on some other projects and some pretty nice ones that will be coming probably the fust of the year. A couple of big ones so that's all I have. Aller: Great. Thank you. Thank you all. Aanenson: Thank you. Aller: Motion to adjourn? Colopoulos moved, Undestad seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:10 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 24 Chanhassen City Council —January 28, 2013 CONSENT AGENDA: Councilwoman Tjornhom moved, Councilman Laufenburger seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: a. Approval of Minutes: -City Council Work Session dated January 14, 2013 -City Council Verbatim and Summary Minutes dated January 14, 2013 Receive Commission Minutes: -Planning Commission Verbatim and Summary Minutes dated January 15, 2013 b. Resolution #2013-04: Rice Marsh Lake Trail Extension: Resolution Approving a MnDOT Limited Use Permit to Use TH 212 Right -of -Way. C. Wynsong, 7042 Galpin Boulevard: Table Final Plat and Development Contract. e. Approval of Request for a Temporary On -Sale Intoxicating Liquor License, Athletic Department Fundraiser, February 23, 2013, St. Hubert Catholic Community. f. Approve City Consent to Assignment, Limited Revenue Tax Increment Note, as related to Rottlund Homes/Northbay. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. None. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Mayor Furlong: Good evening Lieutenant. Lt. Jeff Enevold: Thank you Mr. Mayor, council, good evening. I have a short power point there if you could pull that up for me. It's crime comparisons in your upper left there Paul. Or upper right, I'm sorry. Therewe go. Just want to take a few minutes and do a little comparison. A 4 year comparison of'09 through `012 on some of the crimes, Part I and Part II and kind of show you what that looks like. If we can move on. Does this work? Look at that. You can take a look at the Part I crimes here from '09 to '12. They're pretty steady but what I found interesting here is, if you look on the left there's the total Part I crimes and then the darker color are the thefts so you can see the majority of our Part I crimes are thefts. We've had a, you've heard me up here talking about thefts from vehicles and thefts from garages so you can see we did drop down a little bit in 2012, and my goal was to reduce thefts but I'm not going to shout from the rooftops on you know 3 of those. I got more work to do so, and you can see burglary's was another high percentage of our Part 1 crimes so those are the two items that I'm going to work on for this year. Try and reduce those numbers. Part 11 crimes, you can see at the bottom what the Part 11 crimes are. The total, and you can see property damage and theft related are the two biggest out of those Part II crimes so those are the crimes that I'm going to focus on for next year. For this year. See the same thing for non -criminal calls for service. The two biggest, or two of the largest ones were alarms and medicals. Then 1 found this next slide pretty interesting. With all the discussion and debate on gun control and gun safety going on, you can see '09 to 'I 1 how the stats stayed pretty steady and then in `012 when the debate started going up, you can see the increase in acquire permits of 65% and the carry permits of 180% so be interested to see if that carries into this year also. Councilman Laufenburger: Lieutenant, is this across Carver County or only the city of Chanhassen? SCANNED CITY OF 7700 Market Boulevard PO Bax 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: 952.22T1 170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.2271110 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 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.d.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: February 11, 2013 c� SUBJ: Wynsong Final Plat Planning Case 42012-16 PROPOSED MOTION City Council approves the final plat for Wynsong Addition creating four lots subject to the conditions of this staff report. City Council approval requires a majority of City Council present. PROPOSAL SUMMARY The developer is requesting final plat approval for the property located at 7042 Galpin Boulevard to subdivide 9.37 acres into four lots. Access follows the existing driveway alignment. A hammerhead turnaround will be provided at the end of the private street. The existing home will remain. BACKGROUND On November 13, 2012, the Chanhassen City Council approved the preliminary plat creating four lots with a variance for the use of a private street as well as vacating existing drainage and utility easements granted with the Song and Longacres developments. The developer is proposing a four -lot subdivision of the property, which will permit the construction of three new homes. The existing house will remain. Access to the site will be via a private street. Wooded area of the property will be preserved via dedication of preservation easements. Chanhassen is a Community far Lite - Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 February 11, 2013 Page 2 of 15 WYNSONG moo; :- FINAL PLAT The final plat must be modified to show the existing easements and the scale of the drawing. ACCESS Access to the proposed development will be from the existing driveway location on Galpin Boulevard. The developer proposes to construct a 20 -foot wide privately -owned and maintained road to serve the four lots within the subdivision. The homeowners will be responsible for the maintenance of the private street. No parking is permitted on a private street. Staff supports the proposed access due to the environmental sensitivity of the property and the expected low traffic volumes. A 60 -foot wide hammerhead turnaround is proposed at the west end of the private road. The private mad must be within a 30 -foot wide easement recorded against all four properties. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. The first 20 feet of the driveway to Lots 2 and 3 will be graded with the site improvements. The driveway location for Lot 4 is unknown due to the large frontage to the private street, and the gentler slopes relative to Lot 3. GRADING, DRAINAGE AND EROSION CONTROL All the grading is taking place in conjunction with the private street construction and utility installation. Individual lots will be custom graded at the time of building permit review. At that time, a grading and erosion control plan shall be submitted as well as a tree removal plan for city review and approval. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 3 of 15 WETLAND PROTECTION It is believed that the applicant, at the suggestion of city staff, straightened the buffer lines in an effort to make recording and maintenance of buffers less onerous. However, the revised buffers failed to maintain the minimum buffer width as required by code. For the wetland along the western and southern boundary, which is contiguous with Lake Harrison, the minimum buffer width is 30 feet. This is also true for the isolated wetland located centrally along the northern boundary of the original parcel in the area that is now the divide between Lot 1 and Lot 4. In some cases the buffer width, when scaled, appears to be 30 feet in width but is mislabeled as 25 feet. In other cases, the buffer width is as narrow as 18 feet. These discrepancies will need to be rectified and the plat modified to accommodate these changes and must show the placement of wetland buffer monuments. The Stormwater Pollution Prevention Plan, or other appropriate sheet within the plan set, needs to clearly demarcate planting areas by seed mix. Because of the overstory conditions and the desire to preserve the native plant community in certain areas, the use of State Seed Mix 36-211 "Woodland Edge South & West" or comparable mix is strongly encouraged in the disturbed buffer area and the disturbed areas within the preservation easement. In any case, a suitable native mix must be used in the preservation easement areas. Any release of sediment into the wetland areas as a result of construction activities would be considered a violation of the Minnesota Wetland Conservation Act. To minimize the risk of sediment entering the wetlands, sediment control BMPs must be placed at the downstream end of all culverts prior to their removal and shall remain in place until final stabilization is achieved. UTILITIES The existing home on the property is currently connected to City sewer and water. These services will be removed or abandoned with the Wynsong improvements. The developer shall work with the existing homeowner to minimize service disruption during construction. There are several sanitary sewer lines on the east side of the property. The 30 -inch Met Council interceptor sewer was installed in 1991. The lateral extending east of the interceptor is a City- Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 4 of 15 owned and maintained sewer that extends north to serve the Ashling Meadows development located southeast of Galpin Boulevard and Lake Lucy Road. The lateral that extends south of the interceptor serves Northwood Court. The developer proposes to extend 8 -inch diameter public sanitary sewer from this lateral to serve the lots within this development. Based on the minimum lowest floor elevations noted on the grading plan, the proposed sanitary sewer will provide gravity service to all of the lots. The developer proposed to wet tap the existing 18 -inch diameter trunk watermain within Galpin Boulevard and extend a 6 -inch diameter public watermain to serve the lots within the proposed development. A hydrant will be installed at the end of the private road. In 1991 the property was assessed one unit of trunk sanitary sewer benefit. This sanitary sewer hook-up credit will be applied to Lot 1. Sanitary sewer hook-up fees must be paid for Lots 2, 3 and 4. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is as follows: $651/unit x 3 units = $1,953 The property is not subject to the Lake Ann Interceptor or sub -trunk fees. In 1992 the trunk watermain benefit was assessed for the ultimate development condition of the property; therefore, no water hook-up charges are due with this plat. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. RETAINING WALLS A retaining wall is proposed on the north side of the private drive near the wetland on Lots 1 and 4. The top and bottom of wall elevations must be shown on the plan. The maximum height of the wall is proposed to be two feet. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 5 of 15 COMPLIANCE TABLE REVIEW CONDITIONS OF APPROVAL The preliminary plat for Wynsong Addition creating four lots pians prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions: Building Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. *This condition has been met. Since this is a private street, the name does not actually appear on the plat, but is shown as part of the final construction plans. 2. Demolition permits must be obtained before demolishing any structures on the site. *This condition still applies. Lot Area Wetland Street Net Lot Width (ft.) Depth Notes (sq. ft.) (sq. ft.) Easement Area ft. (sq. ft. Code 15,000 15,000 100 non- 125 Setbacks: non- non- riparian, 125 front/rear 30 riparian, riparian, riparian ft., side 10 ft., 40,000 40,000 Shoreland 150 riparian riparian ft., wetland buffer 30 ft. Lot 1 72,986 4,150 401 68,435 125 668 Riparian lot (1.68 ac./1.57 ac net Lot 2 90,176 18,969 1,238 69,969 228 449 Riparian (2.07 ac./1.61 ac. net Lot 3 56,388 553 760 55,075 460 353 (1.29 ac./1.26 ac. net Lot 4 114,614 37,153 8,349 69,112 364 516 (2.63 ac/1.59 ac. net. Outlot A 74,042 Lake Harrison 1.7 ac. Total 408,205 9.37 acres REVIEW CONDITIONS OF APPROVAL The preliminary plat for Wynsong Addition creating four lots pians prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions: Building Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. *This condition has been met. Since this is a private street, the name does not actually appear on the plat, but is shown as part of the final construction plans. 2. Demolition permits must be obtained before demolishing any structures on the site. *This condition still applies. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 6 of 15 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. *This condition still applies. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. *This condition still applies. 5. Each lot must be provided with separate sewer and water services. *This condition has been met. Engineerine Conditions: 1. The private road must be within a 30 foot wide easement recorded against all four properties. *This condition still applies. 2. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. * This condition still applies. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. *This condition still applies. 4. Lot 1 has paid the sanitary sewer hook-up charge. *This condition still applies. 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. *This condition has been modified as follows: As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is $651/unit x 3 units = $1,953. 6. No water hook-up charges are due with this plat. *This condition still applies. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 7 of 15 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. *This condition still applies. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. *This condition still applies. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. *This condition still applies Based on review of the final plat documents, staff recommends the following additional conditions of approval: 1. The final plat must be modified to show the existing easements and the scale of the drawing. 2. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 3. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. 4. A street light is required at the private street's intersection at Galpin Boulevard. Environmental Resource Specialist Conditions: I . The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 *This condition still applies. 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. *This condition still applies. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 8 of 15 *This condition still applies. 4. The applicant shall work with staff to develop preservation easements to preserve existing wooded areas on Lots 1, 3 and 4. *This condition shall be modified as follows: Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. Fire Marshal Conditions: 1. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. *This condition still applies. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. *This condition still applies. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. *This condition still applies. 4. " No Parking Fire Land' signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs *This condition still applies. Park & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. *This condition still applies. The park fees for 2013 are $5,800.00 per new single-family lot for a total of $17,400.00. Planning Conditions: 1. Revise the front lot line of Lot I to meet the 125 -foot minimum lot width. *This condition has been met. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 9 of 15 Water Resources Specialist Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. *This condition shall be modified as follows: Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or preservation easement. 2. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. *This condition has been met. 3. The eastern limit of the preservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. *This condition has been met. Natural Resource Protection Conditions All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. *This condition still applies. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. *This condition still applies. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. Todd Gerhardt Wynsong Addition Final Plat—Planning Case 2012-19 January 28, 2013 Page 10 of 15 *This condition still applies. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. *This condition has been met. 5. All tree protection fencing shall employee metal T -posts. *This condition has been met. And based on review of the plans, the following condition shall be added: The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less tha 30 feet as required for Manage 1 wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. *This condition still applies. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. *This condition has been met. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. *This condition has been met. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. *This condition has been met. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. *This condition has been met. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 11 of 15 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. *This condition shall be modified as follows: Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. *This condition still applies 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. *This condition still applies. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within preservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. *This condition has been met. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. *This condition shall be modified as follows: Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. And based upon review of the final plans, the following condition shall be added: 3. Outlot A shall be deeded to the City. RECOMMENDATION Staff recommends that the City Council approved the final plat for Wynsong, creating four lots, subject to the following conditions: Building Conditions: 1. Demolition permits must be obtained before demolishing any structures on the site. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 12 of 15 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Engineering Conditions: 1. The private road must be within a 30 -foot wide easement recorded against all four properties. 2. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 5. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is $651/unit x 3 units = $1,953. 6. No water hook-up charges are due with this plat. 7. The existing 12- drain file and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. 10. The final plat must be modified to show the existing easements and the scale of the drawing. 11. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 12. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over intemet protocol) and cable television to serve the development. 13. A street light is required at the private street's intersection at Galpin Boulevard. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 13 of 15 Environmental Resource Scecialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. Fire Marshal Conditions: 1. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Park & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Water Resources Specialist Conditions: Surface Water Drainage and Treatment 1. Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 14 of 15 within a drainage and utility easement or preservation easement. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less than 30 feet as required for Manage 1 wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 3. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 4. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. 2. Outlot A shall be deeded to the City. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 15 of 15 ATTACHMENTS 1. Reduced Copy Wynsong Final Plat. 2. Reduced Copy Street Easement Exhibit. 3. Reduced Copy Preservation Easement Exhibit. 4. Reduced Copy Wynsong Cover Sheet 1 of 9. 5. Reduced Copy Sanitary Sewer and Water Plan Sheet 2 of 9. 6. Reduced Copy Private Street and Storm Sewer Plan Sheet 3 of 9. 7. Reduced Copy Tree Preservation Plan Sheet 4 of 9. 8. Reduced Copy Grading Plan Sheet 5 of 9. 9. Reduced Copy Stormwater Pollution Prevention Plan Sheet 6 of 9. g1plan12012 planning cases12012-16 wynsong\final plat\staff report wynson fp.doc Street Easement Exhibit -------------------,---------- i i VV I I V.�I./I V\2 i` 1 41 / I W14 / / / ----------------- - - - - -- ,wunm seer, r°e0[WP NM•NW .�.wl � °6wl /u.+� w. ,Mi. aw mr 4w M M ue I. 2 A ♦ ia. e1M}l6 OA MII. YMwI° xuM b IN ,ie,Y /IN INY./ Ov1U � /IwW q .114101m ae�,�xf1r Irk` ■ IN ■�, �. SI: Eo..t ENIibif W.ey ewpy uwi w. n°..y, Ne.°ea: • denotes iron menumenl lound pen, ..sen .a p.ee..e q m. 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I I _ , /1� W I ----- V I ZzZ —------------ ----------- ---- - It It I , I , • .___._, , I , i \ qt I—`M"yam , I ' 6' cE i � , r i j 1 , � • s e _ xd L---- p , �iRdd , i � -- It L ---- L---- ---CA CA , Y I L , , , , x Mon z I w r N Q a H �^1 W �� to H 11111 a t� �' J cn 1 i 5 � \ y t � ,p I Yi EbGF � Y' e - ' p • 8 a� o i I l 1-4 CITY OF CHANAA3SEN 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1160 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 7901 Park Place Phone: 952.227.1300 Fax: 952.2271310 Senior Center Phone: 952.227.1125 Fax: 952.2271110 Web Site www.ci.chanhassen.mfl.us lUXUT c1; .VT1i TO: Todd Gerhardt, City Manager FROM: Bob Generous, Senior Planner DATE: January 28, 2013 yy�" SUBJ: Wynsong Final Plat 0 X i , Planning Case #2012-16 PROPOSED MOTION City Council approves the final plat for Wynsong Addition creating four lots subject to the conditions of this staff report. City Council approval requires a majority of City Council present. PROPOSAL SUMMARY The developer is requesting final plat approval for the property located at 7042 Galpin Boulevard to subdivide 9.37 acres into four lots. Access follows the existing driveway alignment. A hammerhead turnaround will be provided at the end of the private street. The existing home will remain. On November 13, 2012, the Chanhassen City Council approved the preliminary plat creating four lots with a variance for the use of a private street as well as vacating existing drainage and utility easements granted with the Song and Longacres developments. SUBDIVISION REVIEW The developer is proposing a four -lot subdivision of the property, which will permit the construction of three new homes. The existing house will remain. Access to the site will be via a private street. Wooded area of the property will be preserved via dedication of preservation easements. Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow SCANNED Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 2 of 14 WYNSONG FINAL PLAT The final plat must be modified to show the existing easements and the scale of the drawing. ACCESS Access to the proposed development will be from the existing driveway location on Galpin Boulevard. The developer proposes to construct a 20 -foot wide privately -owned and maintained road to serve the four lots within the subdivision. The homeowners will be responsible for the maintenance of the private street. No parking is permitted on a private street. Staff supports the proposed access due to the environmental sensitivity of the property and the expected low traffic volumes. A 60 -foot wide hammerhead turnaround is proposed at the west end of the private road. The private road must be within a 30 -foot wide easement recorded against all four properties. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. The first 20 feet of the driveway to Lots 2 and 3 will be graded with the site improvements. The driveway location for Lot 4 is unknown due to the large frontage to the private street, and the gentler slopes relative to Lot 3. GRADING, DRAINAGE AND EROSION CONTROL All the grading is taking place in conjunction with the private street construction and utility installation. Individual lots will be custom graded at the time of building permit review. At that time, a grading and erosion control plan shall be submitted as well as a tree removal plan for city review and approval. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 3 of 14 WETLAND PROTECTION It is believed that the applicant, at the suggestion of city staff, straightened the buffer lines in an effort to make recording and maintenance of buffers less onerous. However, the revised buffers failed to maintain the minimum buffer width as required by code. For the wetland along the western and southern boundary, which is contiguous with Lake Harrison, the minimum buffer width is 30 feet. This is also true for the isolated wetland located centrally along the northern boundary of the original parcel in the area that is now the divide between Lot 1 and Lot 4. In some cases the buffer width, when scaled, appears to be 30 feet in width but is mislabeled as 25 feet. In other cases, the buffer width is as narrow as 18 feet. These discrepancies will need to be rectified and the plat modified to accommodate these changes and must show the placement of wetland buffer monuments. The Stormwater Pollution Prevention Plan, or other appropriate sheet within the plan set, needs to clearly demarcate planting areas by seed mix. Because of the overstory conditions and the desire to preserve the native plant community in certain areas, the use of State Seed Mix 36-211 "Woodland Edge South & West" or comparable mix is strongly encouraged in the disturbed buffer area and the disturbed areas within the preservation easement. In any case, a suitable native mix must be used in the preservation easement areas. Any release of sediment into the wetland areas as a result of construction activities would be considered a violation of the Minnesota Wetland Conservation Act. To minimize the risk of sediment entering the wetlands, sediment control BMPs must be placed at the downstream end of all culverts prior to their removal and shall remain in place until final stabilization is achieved. UTILITIES The existing home on the property is currently connected to City sewer and water. These services will be removed or abandoned with the Wynsong improvements. The developer shall work with the existing homeowner to minimize service disruption during construction. There are several sanitary sewer lines on the east side of the property. The 30 -inch Met Council interceptor sewer was installed in 1991. The lateral extending east of the interceptor is a City- I. Yr � 1lIY- a 7 `t WETLAND PROTECTION It is believed that the applicant, at the suggestion of city staff, straightened the buffer lines in an effort to make recording and maintenance of buffers less onerous. However, the revised buffers failed to maintain the minimum buffer width as required by code. For the wetland along the western and southern boundary, which is contiguous with Lake Harrison, the minimum buffer width is 30 feet. This is also true for the isolated wetland located centrally along the northern boundary of the original parcel in the area that is now the divide between Lot 1 and Lot 4. In some cases the buffer width, when scaled, appears to be 30 feet in width but is mislabeled as 25 feet. In other cases, the buffer width is as narrow as 18 feet. These discrepancies will need to be rectified and the plat modified to accommodate these changes and must show the placement of wetland buffer monuments. The Stormwater Pollution Prevention Plan, or other appropriate sheet within the plan set, needs to clearly demarcate planting areas by seed mix. Because of the overstory conditions and the desire to preserve the native plant community in certain areas, the use of State Seed Mix 36-211 "Woodland Edge South & West" or comparable mix is strongly encouraged in the disturbed buffer area and the disturbed areas within the preservation easement. In any case, a suitable native mix must be used in the preservation easement areas. Any release of sediment into the wetland areas as a result of construction activities would be considered a violation of the Minnesota Wetland Conservation Act. To minimize the risk of sediment entering the wetlands, sediment control BMPs must be placed at the downstream end of all culverts prior to their removal and shall remain in place until final stabilization is achieved. UTILITIES The existing home on the property is currently connected to City sewer and water. These services will be removed or abandoned with the Wynsong improvements. The developer shall work with the existing homeowner to minimize service disruption during construction. There are several sanitary sewer lines on the east side of the property. The 30 -inch Met Council interceptor sewer was installed in 1991. The lateral extending east of the interceptor is a City- Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 4 of 14 owned and maintained sewer that extends north to serve the Ashling Meadows development located southeast of Galpin Boulevard and Lake Lucy Road. The lateral that extends south of the interceptor serves Northwood Court. The developer proposes to extend 8 -inch diameter public sanitary sewer from this lateral to serve the lots within this development. Based on the minimum lowest floor elevations noted on the grading plan, the proposed sanitary sewer will provide gravity service to all of the lots. The developer proposed to wet tap the existing 18 -inch diameter tnmk watermain within Galpin Boulevard and extend a 6 -inch diameter public watermain to serve the lots within the proposed development. A hydrant will be installed at the end of the private road. In 1991 the property was assessed one unit of trunk sanitary sewer benefit. This sanitary sewer hook-up credit will be applied to Lot 1. Sanitary sewer hook-up fees must be paid for Lots 2, 3 and 4. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the fatal plat is as follows: $651/unit x 3 units = $1,953 The property is not subject to the Lake Ann Interceptor or sub -trunk fees. In 1992 the trunk watermain benefit was assessed for the ultimate development condition of the property; therefore, no water hook-up charges are due with this plat. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. RETAINING WALLS A retaining wall is proposed on the north side of the private drive near the wetland on Lots 1 and 4. The top and bottom of wall elevations must be shown on the plan. The maximum height of the wall is proposed to be two feet. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 5 of 14 COMPLIANCE TABLE REVIEW CONDITIONS OF APPROVAL The preliminary plat for Wynsong Addition creating four lots plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions: Building Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. *This condition has been met. Since this is a private street, the name does not actually appear on the plat, but is shown as part of the final construction plans. 2. Demolition permits must be obtained before demolishing any structures on the site. *This condition still applies. Lot Area Wetland Street Net Lot Width (ft.) Depth Notes (sq. ft.) (sq. ft.) Easement Area (sq- ft. . ft. Code 15,000 15,000 100 non- 125 Setbacks: non- non- riparian, 125 front/rear 30 riparian, riparian, riparian ft., side 10 ft., 40,000 40,000 Shoreland 150 riparian riparian ft., wetland buffer 30 ft. Lot 1 72,986 4,150 401 68,435 125 668 Riparian lot (1.68 ac./1.57 ac net Lot 2 90,176 18,969 1,238 69,969 228 449 Riparian (2.07 ac./1.61 ac. net Lot 3 56,388 553 760 55,075 460 353 (1.29 ac./1.26 ac. net Lot 114,614 37,153 8,349 69,112 364 516 (2.63 ac/1.59 ac. net. Outlot A 74,042 Lake Harrison 1.7 ac. Total 408,205 1 9.37 acres REVIEW CONDITIONS OF APPROVAL The preliminary plat for Wynsong Addition creating four lots plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions: Building Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. *This condition has been met. Since this is a private street, the name does not actually appear on the plat, but is shown as part of the final construction plans. 2. Demolition permits must be obtained before demolishing any structures on the site. *This condition still applies. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 6 of 14 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. *This condition still applies. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. *This condition still applies. 5. Each lot must be provided with separate sewer and water services. *This condition has been met. Engineering Conditions: 1. The private road must be within a 30 foot wide easement recorded against all four properties. *This condition still applies. 2. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. * This condition still applies. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. *This condition still applies. 4. Lot 1 has paid the sanitary sewer hook-up charge. *This condition still applies. 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. *This condition has been modified as follows: As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is $651/unit x 3 units = $1,953. 6. No water hook-up charges are due with this plat. *This condition still applies. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 7 of 14 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. *This condition still applies. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. *This condition still applies. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. *This condition still applies Based on review of the final plat documents, staff recommends the following additional conditions of approval: 1. The final plat must be modified to show the existing easements and the scale of the drawing. 2. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 3. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over intemet protocol) and cable television to serve the development. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 *This condition still applies. 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. *This condition still applies. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. *This condition still applies. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 8 of 14 4. The applicant shall work with staff to develop preservation easements to preserve existing wooded areas on Lots 1, 3 and 4. *This condition shall be modified as follows: Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. Fire Marshal Conditions: 1. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. *This condition still applies. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. *This condition still applies. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. *This condition still applies. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs *This condition still applies. Park & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. *This condition still applies. The park fees for 2013 are $5,800.00 per new single-family lot for a total of $17,400.00. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. *This condition has been met. Water Resources Specialist Conditions: Surface Water Drainage and Treatment Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 9 of 14 Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. *This condition shall be modified as follows: Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or preservation easement. 2. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. *This condition has been met. 3. The eastern limit of the preservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. *This condition has been met. Natural Resource Protection Conditions All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. *This condition still applies. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. *This condition still applies. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. *This condition still applies. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 10 of 14 *This condition has been met. 5. All tree protection fencing shall employee metal T -posts. *This condition has been met. And based on review of the plans, the following condition shall be added: The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less tha 30 feet as required for Manage 1 wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. *This condition still applies. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. *This condition has been met. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. *This condition has been met. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. *This condition has been met. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. *This condition has been met. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. *This condition shall be modified as follows: Sediment control best management practices Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 11 of 14 shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. *This condition still applies 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. *This condition still applies. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within preservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. *This condition has been met. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. *This condition shall be modified as follows: Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. RECOMMENDATION Staff recommends that the City Council approved the final plat for Wynsong, creating four lots, subject to the following conditions: Buildine Conditions: 1. Demolition permits must be obtained before demolishing any structures on the site. 2. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 3. Retaining walls over four feet high require a permit and must be designed by a professional engineer. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 12 of 14 En ing eering Conditions: 1. The private road must be within a 30 -foot wide easement recorded against all four properties. 2. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 5. As stipulated in the City Code, 30% of the sanitary sewer hook-up fees must be paid in cash with the final plat with the remaining 70% paid with the building permit at the rate in effect at that time. The portion of the sanitary sewer hookup fee to be paid with the final plat is $651/unit x 3 units = $1,953. 6. No water hook-up charges are due with this plat. 7. The existing 12- drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. 10. The final plat must be modified to show the existing easements and the scale of the drawing. 11. The property is not subject to the Lake Ann Interceptor or sub -trunk fees. 12. The developer will coordinate with the installation of electric, gas, telephone (land line service, not voice over internet protocol) and cable television to serve the development. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 13 of 14 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. Preservation easements shall be required to preserve existing wooded areas on Lots 1, 3 and 4. Easements must be recorded prior to the issuance of any building permits and be shown on the building permit survey. Fire Marshal Conditions: 1. A three- (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Park & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Water Resources Specialist Conditions: Surface Water Drainage and Treatment Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded preservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or preservation easement. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. Todd Gerhardt Wynsong Addition Final Plat — Planning Case 2012-19 January 28, 2013 Page 14 of 14 Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. 4. The minimum buffer width on the two most westerly wetlands (the one adjacent to Lake Harrison and along the southern portion of Lot 2, and the one on the boundary of Lots 1 and 4) shall be no less than 30 feet as required for Manage 1 wetlands. The minimum buffer width for the most easterly wetland shall b no less than 20 feet. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. Detail of inlet protection shall be included in plan set. 3. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 4. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. Based upon the information provided, SWMP fees due at Final Plat are calculated to be $34,598.19. ATTACHMENTS 1. Reduced Copy Wynsong Final Plat. 2. Reduced Copy Street Easement Exhibit. 3. Reduced Copy Preservation Easement Exhibit. 4. Reduced Copy Wynsong Cover Sheet 1 of 9. 5. Reduced Copy Sanitary Sewer and Water Plan Sheet 2 of 9. 6. Reduced Copy Private Street and Storm Sewer Plan Sheet 3 of 9. 7. Reduced Copy Tree Preservation Plan Sheet 4 of 9. 8. Reduced Copy Grading Plan Sheet 5 of 9. 9. Reduced Copy Stormwater Pollution Prevention Plan Sheet 6 of 9. gAplan12012 planning cmes\2012-16 wynsong\fmal plaAstaff report wynson fp.docx MEMORANDUM CITY OF TO: Todd Gerhardt, City Manager CllHl1IlHJSfi11 FROM: Bob Generous, Senior Planner 77000HMarket tlBoulevard DATE: November 13, 2012 PO Box 147 Chanhassen, MN 55317 SUBJ: Wynsong Preliminary Plat with Variance Planning Case #2012-16 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 PROPOSED MOTION "The Chanhassen City Council approves the preliminary plat creating four lots with a variance for the use of a private street subject to the conditions of the staff report and adoption of the attached Findings of Fact." City Council approval requires a majority vote of City Council present. Id- / (a SCANNM Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow EXECUTIVE SUMMARY Finance Phone: 952.227.1140 The applicant is requesting subdivision approval to create four lots with a variance to Fax: 952.227.1110 access the properties with a private street. Park 8 Recreation Phone: 952.227.1120 PLANNING COMMISSION SUMMARY Fax 952.227.1110 The Planning Commission held a public hearing on October 16, 2012 to review the Recreation Center proposed development. The Planning Commission voted 5 - 0 to recommend approval 2310 Coulter Boulevard of the project subject to the conditions of the staff report. Planning Commission minutes Phone: 952.227.1400 for October 16, 2012 are item I a of the November 13, 2012 City Council packet. Fax: 952.227.1404 Planning & A neighboring property owner did request that additional trees be preserved on the site Natural Resources (see attached photographs). The developer has prepared a worst-case scenario for the Phone: 952.227.1130 removal of trees due to the development. Even so, the developer exceeds the Fax: 952.227.1110 minimum canopy coverage required. Staff will work with the builders to try and preserve additional trees on site when reviewing individual house plans. Public Works 7901 Park Place Phone: 952.227.1300 RECOMMENDATION Fax: 952.227.1310 Staff recommends approving the Wynsong development. Senior Center Phone: 952.227.1125 ATTACHMENTS Fax: 952.227.1110 Web Site 1. Aerial Photo trees 49, 57, 58, 63 and 64. www.ci.chanhassen.mn.us 2. Photo trees 57, 58, 63 and 64. 3. Photo trees 49, 50, 57 and 58. 4. Planning Commission Staff Report Dated October 16, 2012. giplan\2012 planning cos Q012-16 wynsong\executive summary.doc SCANNM Chanhassen is a Community for Life . Providing for Today and Planning for Tomorrow 0 dEN � 40*1 It i Z. C Ln N �I 1' I VWA J 5 F I CITY OF CHANHASSEN PROPOSED MOTION: PC DATE: October 16, 2012 [3] CC DATE: November 13, 2012 REVIEW DEADLINE: November 13, 2012 CASE #: 2012-16 BY: AF, RG, TJ, ML, JM, JS "The Chanhassen Planning Commission recommends City Council approve the subdivision creating four lots with a variance for the use of a private street, subject to the conditions of the staff report and adoption of the attached Findings of Fact and Recommendation. SUMMARY OF REQUEST: The developer is requesting preliminary plat approval to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and utility easements — WYNSONG . LOCATION: 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition) PID 25- 8040010 APPLICANT: Steve Kroiss Galpin Blvd. Partners, LLC P.O. Box 218 Chanhassen, MN 55317 (612) 802-2600 Steve.kroiss@kroissdevelopment.com PRESENT ZONING: 2020 LAND USE PLAN: Charles Song 7042 Galpin Boulevard Excelsior, MN 55331 Planned Unit Development -Residential (PUD -R) Residential Low Density SCANNED Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 2 of 16 ACREAGE: 8.97 DENSITY: gross — 0.446 units per acre; net — 0.68 units per acre LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. This is a quasi-judicial decision. The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Subdivision Ordinance for a variance. The City has a relatively high level of discretion with a variance because the applicant is seeking a deviation from established standards. This is a quasi-judicial decision. Notice of this public hearing has been mailed to all property owners within 500 feet. PROPOSAUSUMMARY The applicant is requesting subdivision approval to create four lots with a variance to access the properties with a private street. A hammerhead turnaround is provided at the end of the private street. The existing home will remain. The property to the north is part of the Lake Harrison development and contains single-family homes and a wetland complex. The property to the south is part of the Woods at Longacres development and contains single-family homes and a wetland complex. The site is heavily wooded in the central portion of the property with wetlands located in the northeast, southwest and western portions of the site. Lake Harrison, a natural environmental lake, is located on the western end of the development. The site has significant topographical changes with three separate high points of 1017 feet, 1112 feet and1003 feet (N.G.V.D. 1929). The existing driveway bisects two of the high points and leads to the highest elevation of the property near the existing house. The low point on the property is in the northeastern wetland with an elevation of 972. Sewer and water service is available to the site and will be extended as part of the subdivision process to provide service to all of the lots. Other small utilities are available to the site. Staff is recommending approval of the subdivision subject to the conditions of the staff report. APPLICABLE REGULATIONS Chapter 18, Subdivisions Chapter 20, Article VI, Wetland Protection Chapter 20, Article VII, Shoreland Management District Chapter 20, Article VII, Planned Unit Development District Chapter 20, Article JHI, "RSF" Single -Family Residential District Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 3 of 16 July 18, 1983 — City approves a 100 -acre and 10 -acre subdivision of the land which encompasses this property. Resolution 83-31A. Sub. # 83-5. November 8, 1993 — City approves the preliminary PUD approval for the Song Addition including the rezoning of the property to Planned Unit Development — Residential (PUD -R), which later became The Woods at Longacres. PUD #93-3. June 27, 1994 — City approves The Woods at Longacres final plat creating Outlot D, which contains this property. PUD #93-3. July 22, 1996 — City approves Song Addition platting Outlot D, The Woods at Longacres. Sub. #96-18. SUBDIVISION REVIEW The applicant is requesting approval to subdivide the property into four lots. ----- ----m ---=_ --; -- --� ----- _ ♦ /i flNYlox wa�� iL__—__ _—_-----.C�,\ s / � � .^.� � \ / ��1 \ .'yam �/` � �� •.� l J ACCESS The property is located on Galpin Boulevard (C.S.A.H. 117), a county road. Access to the site is proposed via a private street which follows the alignment of the existing driveway. Parking on private streets is prohibited. Access to the proposed development will be from the existing driveway location on Galpin Boulevard. The developer proposes to construct a 20 -foot wide seven -ton pavement design privately -owned and maintained road to serve the four lots within the subdivision. Staff supports the proposed access due to the environmental sensitivity of the property and the expected low traffic volumes. A 60 -foot wide hammerhead turnaround is proposed at the west end of the private road. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 4 of 16 The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. At the end of the project the developer must submit documentation stating that the private road meets a 7 -ton design. The first 20 feet of the driveway to Lots 2 and 3 will be graded with the site improvements. The driveway location for Lot 4 is unknown due to the large frontage to the private street, and the gentler slopes relative to Lot 3. GRADING, DRAINAGE AND EROSION CONTROL The applicant is proposing to grade for the construction of the private road and the needed hammerhead turnaround for emergency vehicles. The lots are to be custom graded. Because of the desire to custom grade the lots, it is not possible to determine if the common development will exceed one acre of disturbance. However, it seems reasonable that the site will not exceed the minimum threshold of one (1) acre of disturbance at which a National Pollution Discharge Elimination System permit for Small Construction Sites is required. It will be the applicant's responsibility to determine if the site is compliant with the National Pollution Discharge Elimination System. Regardless, the site will need to meet the requirements set forth in Section 19-145 of the Chanhassen City Code. The preliminary grading plan indicates that the only erosion and sediment control practice to be used on the site is one row of silt fence of unknown type. All silt fences must be machine sliced or heavy duty as defined within section 3886 of the 2005 edition of MnDOT Standards and Specifications for Construction. Preassembled silt fence is not acceptable. The preliminary grading plan does not indicate what the final stabilization of the disturbed areas will be. This needs to be included and should be an acceptable species composition for the site conditions. Of particular importance are the two disturbed slopes immediately adjacent to wetlands 1 and 2. These will need erosion control blanket, blown mulch or another acceptable stabilization method. Also, the plan must indicate an acceptable best management practice to prevent sediment delivery to the wetlands through the culverts. A schedule of installation and any pertinent details will need to be included with the plan set. Surface Water Drainage and Treatment The site is 9.37 acres in size and is bound by Lake Harrison to the west and Galpin Boulevard to the east. The site has numerous high value natural resource features. There are three identified wetlands on the property and the emergency overflow for Lake Harrison intersects this property from south to north approximately halfway between the eastern and western property bounds. Approximately 3.4 acres of the site is wooded. There are approximately 2.9 acres of wetland and/or deep water habitat on the property. Under existing conditions, the property has two distinct watersheds. The eastern half flows north and east towards a large wetland complex in Lake Harrison and then to Riley Creek. The western half drains to Lake Harrison and ultimately to Riley Creek. Riley Creek drains to Lake Riley which is listed as impaired under Section 303 of the Clean Water Act, as is Riley Creek after it exits Lake Riley. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 5 of 16 The initial site disturbance will be approximately 0.42 acre and will add approximately 12,000 square feet of new impervious surface, while removing approximately 7,000 square feet of woodland. At full build out, total increase in impervious area could be as much as 1.4 acres if each lot goes to the allowed 25% coverage. The model prepared for the site assumed a density of 141/6 or less for the proposed lots. Staff is not proposing that the model be modified to reflect 25% coverage, only that this difference is considered while reviewing the proposed subdivision. Because of the relatively small scale of this project, staff recognizes that traditional treatment options may be onerous and difficult to design and implement. Given this consideration, staff has met with the applicant and their consulting engineer and instructed them to look at alternative methods of volume reduction, rate control and water quality treatment. This may include enhanced buffers, biofiltration features such as filtration swales and rain gardens, tree preservation, and numerous other methods of stormwater treatment. The Minnesota Storm Water Steering Committee has been working to create Minimal Impact Design Standards (MIDS) for stormwater management. The applicant and the consulting engineer were instructed to use this as guidance for potential alternatives to the pipe and pond approach. Carver County is closely aligned with the MIDS program and has developed a spreadsheet for calculating the volume reduction, phosphorus removal and total suspended solids removal for different practices. This spreadsheet was provided to the consulting engineer as was the spreadsheet developed by the MIDs working group. The applicant and staff have been discussing the use of a conservation easement for the protection of forested areas as a means of meeting stormwater management requirements. This is an accepted alternative stormwater practice. The Minimal Impact Design Standards working group, the Minnehaha Creek Watershed District and the Carver County Watershed Management Organization have all adopted recommendations or rules allowing the use of tree preservation and/or reforestation for stormwater management. This practice will address stormwater volume. However, it will not meet NURP recommendations for water quality and runoff rates will increase slightly under the 2, 10 and 100 -year interval storm events: about 19% for the 10 -year design storm event. There exists two corrugated metal pipe (cmp) culverts under the drive. These will be replaced with reinforced concrete pipes when the private road is constructed. According to the model provided, these culverts are of adequate size to accommodate the modeled increase in rate to the culverts. The more easterly culvert just receives local drainage while the more westerly culvert also acts as the emergency overflow (EOF) for Lake Harrison. A drainage and utility easement shall be placed over the EOF and both culverts. While the proposed alternate stormwater management practices will not fully address nutrient or sediment reduction, the MIDs working group did find that the abstraction of the first inch from impervious surface resulted in approximately 67% reduction in phosphorus. It is the conclusion of staff that the benefit provided by the tree preservation for other factors such as green space preservation, wetland protection, and wildlife habitat in addition to the storm water management benefits offset any diminished storm water benefits. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 6 of 16 Figure 1. Conservation Easement Iterations - Proposed Lot 4 There have been several iterations of =111- � ��`� the more northerly conservation eHon0 easement as the applicant and staff have tried to balance the economic i I i f `I 11 goals of the applicant with the i I I protection of the high-quality wetland _ 01 ` ' 1 1 I ' •r Jp 1` high-quality woodland, and woodland \ as well as management of stormwater. Staff is recommending that the 1 11+1 conservation easements and tree ' s Pte. $ III I 1 1\ \, preservation is allowed in lieu of the 11002122` traditional stormwater management practices which would be required for development of this site. By allowing - Us alternate stormwater management Figure 2. Final Easement Configuration - Proposed Lot 4 practice, the applicant saves the design, material and construction costs that would be associated with a more traditional pipe and pond approach. Additionally, as will be discussed in the following section, it is the very presence of the high-quality woodland buffer on Lot 4 that results in the high quality of Wetland 2. Regulatory Considerations — WCA and DNR The property currently has three wetlands on site. The lacustrine wetland adjacent to Lake Harrison (wetland 3 in figure 3) is management classification 1. The wetland located northeasterly on the property (wetland 1 in figure 3) has a management classification 2. Staff used the MN Routine Assessment Method and determined the wetland to be of management classification 1. � � I 4 2 3 Figure 1. Conservation Easement Iterations - Proposed Lot 4 There have been several iterations of =111- � ��`� the more northerly conservation eHon0 easement as the applicant and staff have tried to balance the economic i I i f `I 11 goals of the applicant with the i I I protection of the high-quality wetland _ 01 ` ' 1 1 I ' •r Jp 1` high-quality woodland, and woodland \ as well as management of stormwater. Staff is recommending that the 1 11+1 conservation easements and tree ' s Pte. $ III I 1 1\ \, preservation is allowed in lieu of the 11002122` traditional stormwater management practices which would be required for development of this site. By allowing - Us alternate stormwater management Figure 2. Final Easement Configuration - Proposed Lot 4 practice, the applicant saves the design, material and construction costs that would be associated with a more traditional pipe and pond approach. Additionally, as will be discussed in the following section, it is the very presence of the high-quality woodland buffer on Lot 4 that results in the high quality of Wetland 2. Regulatory Considerations — WCA and DNR The property currently has three wetlands on site. The lacustrine wetland adjacent to Lake Harrison (wetland 3 in figure 3) is management classification 1. The wetland located northeasterly on the property (wetland 1 in figure 3) has a management classification 2. Staff used the MN Routine Assessment Method and determined the wetland to be of management classification 1. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 7 of 16 Figure 3. Delineated Wetland Boundaries This classification resulted because the wetland rated as high for wildlife habitat. Wetlands that rate high for wildlife habitat are generally located on large tracts of undeveloped land which allow for high-quality upland buffers or seasonal wetlands that are well buffered. This wetland is also in a complex of wetlands with a diversity of plant communities and part of a large natural corridor extending from Lake Minnewashta Park to the intersection of Riley Creek and MN T.H. 5. Buffers will need to be consistent with the City of Chanhassen's wetland protection ordinance. This requires that buffers are demarcated with signage, protected from alteration, and that buffers for Manage 1 wetlands have 100% native vegetation while all other buffers have no less than 50% native vegetation. A vegetation management plan will be needed and a plan showing the placement of the buffer signs will be required. The buffers shall be included in the easement and escrow will be required to assure that the wetland protection requirements are put in place. This entire property is located within the shoreland district for Lake Harrison. Lake Harrison is a natural environment lake and has a setback of 150 feet from the ordinary high water level of 993.6 feet msl. A setback is shown that appears to be coincidental to this shoreland setback but it is not clearly labeled. As the implications of the setback types are different, the plans need to clearly indicate the feature being setback from. There are no bluffs located on any of the proposed lots. There is a steep slope on Lot 4 but this does not have vertical rise necessary to be classified as a bluff. Retaining Walls A retaining wall is proposed on the north side of the private drive near the wetland on Lots 1 and 4. The top and bottom of wall elevations must be shown on the plan. It appears that the maximum height of the wall will not exceed four feet. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. UTILITIES The existing home on the property is currently connected to City sewer and water. These services will be removed or abandoned with the Wynsong improvements. The developer shall work with the existing homeowner to minimize service disruption during construction. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 8 of 16 There are several sanitary sewer lines on the east side of the property. The 30 -inch Met Council interceptor sewer was installed in 1991. The lateral extending east of the interceptor is a City - owned and maintained sewer that extends north to serve the Ashling Meadows development located southeast of Galpin Boulevard and Lake Lucy Road. The lateral that extends south of the interceptor serves Northwood Court. The developer proposes to extend 8 -inch diameter public sanitary sewer from this lateral to serve the lots within this development. Based on the minimum lowest floor elevations noted on the grading plan, the proposed sanitary sewer will provide gravity service to all of the lots. The developer proposed to wet tap the existing 18 -inch diameter trunk watermain within Galpin Boulevard and extend a 6 -inch diameter public watermain to serve the lots within the proposed development. A hydrant will be installed at the end of the private road. In 1991 the property was assessed one unit of trunk sanitary sewer benefit. This sanitary sewer hook-up credit will be applied to Lot 1. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. In 1992 the trunk watermain benefit was assessed for the ultimate development conditions of the property; therefore, no water hook-up charges are due with this plat. The existing 12 -inch draintile and the proposed 4 -inch drain tiles shall be privately owned and maintained. The developer will coordinate with the installation of electric, gas, telephone and cable television to serve the development. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. Surface Water Management Fees The City of Chanhassen collects Surface Water Management connection fees for all subdivisions. The fee is divided into water quality and water quantity. These fees go directly to the maintenance, improvement or installation of stormwater management infrastructure and water quality improvement projects within the City of Chanhassen. These fees will be based upon the single-family development type and will not be assessed to any wetland areas or areas placed within a conservation easement. These areas will need to be provided. The estimated fees are based upon net developable acreage and will change when final wetland, buffer and conservation areas are provided and deducted from gross acreage. The following assumptions were made in calculating the net buildable acreage. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 9 of 16 The wetland area, including Outlot A but not wetland 2 which is within a conservation easement, totaled 2.92 acres. This wetland area does not include the buffer area and therefore underestimates the total acreage deducted from the calculations. The total conservation area was taken from the exhibit provided by Otto Associates and found to be 1.01 acres. This area is not consistent with what staff is recommending so this deduction will likely be larger. The street easement was not deducted as that is a private road. Total SWMP fees estimated to be due at the time of final plat are as follows: Water Quality $2,670.00/ac * 5.44ac = $14,524.80 Water Quantity $3,820.00/ac * 5.44ac = $20,780.80 Total estimated SWMP fees due at the time of final plat are $35,305.60. Easements The developer proposes to vacate the conservation easement and the public drainage and utility easements on the property. New easements will be dedicated with the plat. PARKS AND RECREATION Comprehensive Park Plan The proposed Wynsong development is located within an area that is in the municipal park service boundaries of Sugarbush Park and the future Lake Harrison Park. In lieu of parkland dedication, the development shall pay full park fees in force at the time of final plat approval. Parks fees for 2012 are $5,800.00 for each new single-family lot. Comprehensive Trail Plan The site does not contain any portion of the City's trail plan. A trail is located on the west side of Galpin Boulevard (CSAH 117). LANDSCAPING/TREE PRESERVATION The applicant has provided a tree inventory and removal plan for the subdivision. There are no bufferyard plantings required for this development. Tree preservation calculations for the development are shown below. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 10 of 16 Total upland area (excluding wetlands/parkland) 6.46 ac Total canopy area (excluding wetlands/parkland) 3.76 ac or 163,785 SF Baseline canopy coverage 58% Minimum canopy coverage allowed 35% or 98,488 SF/2.26 ac Proposed tree preservation 41% or 116,740 SF/2.68 ac. The developer meets minimum canopy coverage allowed. No additional plantings will be required beyond the city ordinance requirement of one tree per lot. Each lot contains significant (30 -inch DBH or larger) healthy trees within or near the proposed building pads. Staff recommends that the following trees on each lot receive consideration for preservation by custom grading the lot. Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 The building permit surveys shall be required to show all inventoried trees within the grading limits and their removal or preservation status. MISCELLANEOUS 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. 6. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 7. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 8. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 9. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 11 of 16 COMPLIANCE TABLE * Lot width must be increased to 125 feet. VARIANCE — PRIVATE STREET In order to permit private streets, the city must find that the following conditions exist: a The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. This site is isolated from other properties by natural features and contains forested areas, steep slopes and wetlands. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Public streets are not necessary to access the property to the south, which is currently developed with single-family homes and accessed via Northwood Court, nor to the north which is accessed via Lake Harrison Circle. There is no additional developable property which could receive access via this street. Lot Area . ft. Lot Width ft. Lot Depth (ft) Notes Code 15,000 non- 100 non -riparian, 125 Setbacks: front/rear riparian, 40,000 125 riparian 30 ft., side 10 ft., riparian Shoreland 150 ft., wetland buffer 30 ft. Lot 1 67,954 123 * (east 470 Riparian lot, property line) contains additional 3,920 sq. ft. of wetland Lot 2 70,132 228 (east property 449 Riparian lot, line) contains additional 19,166 sq. ft. of wetland Lot 3 47,916 460 (northeast 353 Contains additional property line) 871 sq. ft. of wetland Lot 4 78,844 364 (east property 494 Contains additional line) 27,878 sq. ft. of wetland Outlot A 74,052 Lake Harrison (1.7 acres Area of Wetlands 51,835 1.19 acres Total 390,733 8.97 acres * Lot width must be increased to 125 feet. VARIANCE — PRIVATE STREET In order to permit private streets, the city must find that the following conditions exist: a The prevailing development pattern makes it unfeasible or inappropriate to construct a public street. In making this determination, the city may consider the location of existing property lines and homes, local or geographic conditions and the existence of wetlands. This site is isolated from other properties by natural features and contains forested areas, steep slopes and wetlands. b. After reviewing the surrounding area, it is concluded that an extension of the public street system is not required to serve other parcels in the area, improve access, or to provide a street system consistent with the comprehensive plan. Public streets are not necessary to access the property to the south, which is currently developed with single-family homes and accessed via Northwood Court, nor to the north which is accessed via Lake Harrison Circle. There is no additional developable property which could receive access via this street. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 12 of 16 c. The use of the private street will permit enhanced protection of the city's natural resources including wetlands and forested areas. The use of a private street preserves wetlands on the site and reduces site grading. Due to the most easterly wetland, the use of a public street would require wetland alterations within this area. Also, because of the topographical changes on the site, a public street would require the removal of significantly more of the existing canopy coverage. RECOMMENDATION Staff recommends that the Planning Commission approve the preliminary plat creating four lots, plans prepared by Otto Associates dated 09/10/12, with a variance for the use of a private street, subject to the following conditions and adoption of the attached Findings of Fact and Recommendation: Building Official Conditions: 1. The developer's proposed street name, Wynsong Lane, is acceptable and shall be shown on the final plat of the property. 2. Demolition permits must be obtained before demolishing any structures on the site. 3. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 4. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 5. Each lot must be provided with separate sewer and water services. Engineering Conditions: 1. The private road must be within a 30 -foot wide access and maintenance easement recorded against all four properties. 2. At the end of the project, the developer must submit documentation stating that the private road meets a 7 -ton design. 3. The developer shall work with the existing homeowner to minimize service disruption during construction. 4. Lot 1 has paid the sanitary sewer hook-up charge. 5. The sanitary sewer hook-up fees for Lots 2, 3 and 4 will be collected as set forth in the City Code at the rate in effect at the time. 6. No water hook-up charges are due with this plat. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 13 of 16 7. The existing 12 -inch drain tile and the proposed 4 -inch drain tiles shall be privately owned and maintained. 8. Should the gas service to the existing home be relocated with this project, the existing service via Lake Harrison Circle must be cut according to CenterPoint Energy's requirements. 9. Staff will work with the developer's engineer to either realign the wall so that it lies entirely on one property, or draft an encroachment agreement for the wall, which would be recorded against both properties. Environmental Resource Specialist Conditions: 1. The applicant shall custom grade lots and work with staff to try to preserve any of the following trees currently proposed for removal: Lot 2: #78, #86, #97, #70 Lot 3: #49, #59, #63, #64, #66 Lot 4: #133, #134, #137, #138, #142, #143 2. Prior to grading, each lot shall install tree protection fencing at the edge of grading limits. 3. Building permit surveys for each lot shall be required to show all inventoried trees within the grading limits and 10 feet beyond and their removal or preservation status. Tree removal for each lot shall be approved by the city. 4. The applicant shall work with staff to develop conservation easements to preserve existing wooded areas on Lots 1, 3 and 4. 5. Conservation easement signage will be required to be installed by the developer at property lines and angle points on each lot. Signage shall be approved by the city prior to installation. Fire Marshal Conditions: 1. A three (3) foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. 2. Nothing shall be placed in a manner that would prevent or hinder operation of the fire hydrant by firefighters per MSFC Section 508.5.4. 3. A street sign shall be installed at the street intersection prior to any new home construction per MSFC Section 505.2. 4. " No Parking Fire Lane" signs shall be installed in the hammerhead turnaround. Contact Chanhassen Fire Marshal for location of signs. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 14 of 16 Parks & Recreation Conditions: 1. The developer shall pay park dedication fees at the rate in effect at the time of final plat approval concurrent with or prior to recording the final plat in lieu of parkland dedication or donation. Planning Conditions: 1. Revise the front lot line of Lot 1 to meet the 125 -foot minimum lot width. Water Resources Coordinator Conditions: Surface Water Drainage and Treatment 1. Alternate stormwater management techniques will be allowed for the site. The proposal is to use enhanced buffers and tree preservation for volume reduction and stormwater management. Tree preservation areas must be contained within a legally recorded conservation easement before release of the final plat. The wetland buffer must be included within a drainage and utility easement or conservation easement. 2. Appropriate signage demarcating the boundary of the conservation easement must be placed by the applicant before release of the final plat. The signage must be at any point the easement boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater than 200 feet. Sign placement must be shown on a plan sheet. Stormwater efficacy calculations shall be based upon Carver County Rules Calculator Version 1.1 or the Minnesota MIDS Calculator Worksheet. This worksheet shall be updated to reflect the conservation easement area and must exclude any wetland within the easement. 4. The eastern limit of the conservation easement on proposed Lot 4 shall be as shown in figure 2, protecting a wooded buffer at least 50 feet in width from the eastern wetland boundary and preserving trees 133, 134, 136 and 140. Natural Resource Protection 1. All wetland buffers shall meet the requirement codified in Sections 20-411 and 20-412 of city code. 2. Buffers not meeting the minimum requirements for native vegetation as required by code or being considered for enhanced buffers for stormwater management will require a vegetation management plan. 3. Appropriate signage demarcating the boundary of the wetland buffer must be placed by the applicant before release of the final plat. The signage must be at any point the buffer boundary intersects with a property line, either existing or proposed, and any point of deflection greater than 10 degrees. At no point may the distance between signs be greater Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 15 of 16 than 200 feet. Sign placement must be shown on a plan sheet. 4. Setbacks shall be labeled on the plan set as to if they are setbacks from the OHW of a Public Water or setbacks from a wetland buffer. 5. All tree protection fencing shall employee metal T -posts. Erosion and Sediment Control 1. All silt fences shall be machine sliced or heavy duty as defined in part 3886 of the MnDOT Standard Specifications for Construction 2005 Edition. 2. Those areas to be protected from grading, construction traffic, material stockpiling or other disturbance shall be clearly labeled on the plans and adequate protection in the form of fencing with metal T -posts shall be shown on the plans and installed prior to any earth - disturbing activities. This shall be included as part of the SWPPP. 3. Final stabilization must be shown on the grading plan. The graded areas contiguous to wetland 1 and wetland 2 must be stabilized with Method 2, 3 or 4 as defined in part 2575 of the MnDOT Standard Specifications for Construction 2005 Edition. 4. Seed mix or other method of establishing vegetation in disturbed areas shall be called out on the plan set. 5. A method of establishing native vegetation within the disturbed buffer areas shall be called out on the plans. 6. Sediment control best management practices shall be specified on the plan set for both culverts draining to wetlands. Strong preference shall be given to inlet protection. 7. It shall be the responsibility of the applicant to assure compliance with all other pertinent regulations and requirements, including, but not limited to NPDES permit requirements for phased development where the total disturbance associated with the common development exceeds the minimum threshold. 8. All applicable details shall be included within the plan set. The city can make these available to the applicant. Surface Water Management 1. The applicant shall provide the city with an exhibit quantifying those areas within conservation easement, wetland, and wetland buffer areas so that the fees accurately reflect the amount of developable land. 2. Based upon the information provided, SWMP fees due at Final Plat are estimated to be $33,305.60. Planning Commission Wynsong — Planning Case 2012-16 October 16, 2012 Page 16 of 16 ATTACHMENTS 1. Findings of Fact and Recommendation. 2. Development Review Application. 3. Reduced Copy Alta/ACSM Land Title Survey. 4. Reduced Copy Preliminary Plat. 5. Reduced Copy Preliminary Utility and Street Plan. 6. Reduced Copy Preliminary Grading Plan. 7. Reduced Copy Preliminary Tree Preservation — Primary Construction. 8. Reduced Copy Preliminary Tree Preservation — Secondary Construction. 9. Public Hearing Notice and Mailing List. 9:lplan\2012 planning ca \2012-16 wynsonglstaff report wynsong.doo CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION Q1� Application of Galpin Blvd. Partners, LLC and Charles Song for subdivision approval to subdivide 9.37 acres into 4 lots with a variance for a private street. On October 16, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Galpin Blvd. Partners, LLC and Charles Song for subdivision approval to subdivide 9.37 acres into 4 lots with a variance for a private street. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is Lot 1, Block 1, Song Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1) The proposed subdivision is consistent with the zoning ordinance; 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 5) The proposed subdivision will not cause environmental damage; 6) The proposed subdivision will not conflict with easements of record; and 'n The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. Variance Findings —Private Street a. The hardship is not a mere inconvenience, but provides a means for preserving natural features on site, specifically the wetland to the north of the entrance to the property. Construction of a public street would significantly impact the wetland and lead to additional tree removal. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. The wetland and site topography limit the location of the street. C. The conditions upon which the request is based are unique and not generally applicable to other property due to natural features on the property including wetlands and topography. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. Access to adjacent properties is both unnecessary and infeasible due to wetlands. 6. The planning report 42012-16, dated October 16, 2012, prepared by Robert Generous, et al, is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the Preliminary Plat creating four lots with a variance for a private street. ADOPTED by the Chanhassen Planning Commission this I e day of October 2012. CHANHASSEN PLANNING COMMISSION BY: Its Chairman CITY OF CHANHASSEN 7700 Market Boulevard - P.O. Box 147 Chanhassen, MN 55317 - (952) 227-1100 DEVELOPMENT REVIEW APPLICATION r LCAx r'rLIV 1 A plicant Na lme d Address: in kj1Vc(cz��ner�� LC— PG -ice' D X --D(% G1 �c;nl�cson µn! S�531:7 Contac .S of Kress Phone:toIX-Foa Fax: Email: SFeye.kroiss<a krarssdeyeloprnen4. cn rr-> 0n Planning Case Nox:00101-//0 CITY OF CHANHASSEN RECEIVED SEP 14 2012 I NMMAODtN MANNINU UtrI and Address: Contact:' S Phone: r4U-4i4-1W4 Fax: Email: csssclN Gol. (��» NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development' Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* Subdivision' 'Pw® Temporary Sales Permit ao Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) _ Variance (VAR) 4 90c) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $200 4>,AM (City to install and remove) ffqq X Escrow for Filing Fees/Attorney Cost" } V - $50 CUP/SPRIVACNARAVAP/Metes & Bounds - $450 Minor SUB ASI mn t�u'd TOTAL FEE $ Wb -60 An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. `Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 ('.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: q /� � - 36 4 Do l O TOTAL ACREAGE: I • S% Acres WETLANDS PRESENT: YES NO PRESENT ZONING: u a REQUESTED ZONING: PRESENT LAND USE DES REQUESTED LAND USE C REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or 1 am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applikff- i�� - cant j Signature of Fee Owner g.\plan\fpfm,)devefopment review applicatim.dw V1 -), Date `311 / (2 - Date 2 Date SCANNED 4640-€i-1 �,.�...� .�wa O'3'd N Q O =W 'Hl"W Zl/LLL M :mu•mu:W ureas �( Wi(TV _ ° W X05=.L 1 y 2 w � :w .aa .a 0 s�au�ed pAle uid�e� ..... v �L�. } �, RaunS a�l!I Vwl /6J%Y(lY p.ql a z p �§tt�ht,{sl► �a g II{{FlitiFtii Te e� 4 iii 90 \� N Q O =W O N C7 Z Z Z> MW M a yy ! UU O¢ W z m 1 y 2 @{ w x 2 Ur S= U v ;,; } �, �� ,•fig 1 {, 6tt 6ii4 F a 3 0 \� N Q O =W O N C7 Z Z Z> MW M a yy ! UU O¢ W z m SS $ { (n x 2 �p 9 U v 3 jf t 1 {, 6tt 6ii4 F a 3 m N � O � y N w w Fb E ?r W ` U) 0 W N z Y i r ' z> co �! 2 W a 3 � G ! U U z € EEE wCa-w § Ilk LLJ 5R cn If Dew 71 gygg R 1 < hit3 W — I q �lC � / • � J —` iRag cy t2� q��a �j4E /// I� 11li S i 111 HIN �3 e �jl g \ 4C \ N ! ♦ 4 we FI � is a� ae 2M1 p4 i •6 = 1 M K $ > § \{ 00ocr|�, ~ ( z \ \ K R� , ej ! ( e || | ` U ® 2 �9 | || �| $ � � § m ! \/ k m@ % % ; ° oNa | � mml CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) ) ss. COUNTY OF CARVER ) I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on October 4, 2012, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public Hearing for Wynsong — Planning Case 2012-16 to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and by other appropriate records. Subscribed and sworn to before me this? day of be r 12012. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time•' Tuesday, October 16, 2012 at 7:00 P.M. This hearing may not start ' until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for preliminary plat to subdivide 9.37 acres into 4 lots Request for preliminary plat to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and with a variance for a private street, and vacation of drainage and Proposal: utility easements on property zoned Planned Unit Development - Residential PUD -R - WYNSONG Residential PUD -R - WYNSONG Applicant: Kroiss, Galpin Blvd. Partners LLC Property 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the about this project. During the meeting, the Chair will lead the public hearing through the following steps: public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses 4. Public hearing is closed and the Commission discusses the project. the project. If you want to see the plans before the meeting, please visit If you want to see the plans before the meeting, please visit the City's projects web page at: the City's projects web page at: www.ci.chanhassen.mn.us/2012-16. If you wish to talk to www.ci.chanhassen.mn.us/2012-16. If you wish to talk to someone about this project, please contact Bob Generous by someone about this project, please contact Bob Generous by Questions & email at boenerous(cDci.chanhassen.mn.us or by phone at 952-227-1131. If you choose to submit written comments, it is 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the staff report for this item will be available online on the project web site listed above the Thursday prior to the project web site listed above the Thursday prior to the Planning Commission meeting. Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting, • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommentlation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 16, 2012 at 7:00 p.m. This hearing may not start ' until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for preliminary plat to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and Proposal: utility easements on property zoned Planned Unit Development - Residential PUD -R - WYNSONG Applicant: Kroiss, Galpin Blvd. Partners, LLC Property 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: What Happens 1. Staff will give an overview of the proposed project. at the Meeting: 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2012-16. If you wish to talk to someone about this project, please contact Bob Generous by email at bgenerous(Mci.chanhassen.mmus or by phone at Questions & 952-227-1131. If you choose to submit written comments, it is Comments: helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested party is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation. The item will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will Gose the public hearing and discuss the hem and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/indusnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard, Some applications due to their complexity may take severel months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. If you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. ASHLING MEADOWS HOMEOWNERS BRUCE A & JERILYN M KRAFT CARTER W MUENCH 16305 36TH AVE N SUITE 600 7094 NORTHWOOD CT 2185 LAKE HARRISON RD PLYMOUTH MN 55446-4270 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-4624 CARVER COUNTY 602 4TH ST E CHASKA MN 55318-2102 DAVID B ERICKSON 7095 NORTHWOOD CT CHANHASSEN MN 55317-7582 DOUGLAS J AHRENS 1949 TOPAZ DR CHANHASSEN MN 55317-7593 JAMES D SHEEDY 6955 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN W & LISA G WING 7049 HARRISON HILL TRL CHANHASSEN MN 55317-7585 MARC A HOPE 6960 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 NONG TU DANG 6890 LAKE HARRISON CIR CHANHASSEN MN 55317-4589 PETER JOHN GARBERG 7075 NORTHWOOD CT CHANHASSEN MN 55317-7582 CHARLES C S & AMY SONG 7042 GALPIN BLVD EXCELSIOR MN 55331-8025 DAVID H ROYER 2330 HARRISON HILL CT CHANHASSEN MN 55317-7586 GREENWOOD DESIGN BUILD LLC 5114 EDINA INDUSTRIAL BLVD EDINA MN 55439 - JEFFREY A VANTHOURNOUT 6900 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317-0542 MARK A WAGNER 6945 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PAISLEY PARK ENTERPRISES INC 7801 AUDUBON RD CHANHASSEN MN 55317-8436 PRINCE R NELSON 7801 AUDUBON RD CHANHASSEN MN 55317-8201 DANIEL P & KATHRYN J O'CONNOR 7124 NORTHWOOD CT CHANHASSEN MN 55317-7566 DONALD J LOBERG 6915 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JAMES B FARRELL 6950 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 JOHN C & CARRIE M TIETZ 7011 GALPIN BLVD EXCELSIOR MN 55331-8026 LUTHER T & EMILY J HIPPIE 6940 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 MICHAEL A EVERETT 6930 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 PATRICK DOUGLAS SIMMONS 7055 NORTHWOOD CT CHANHASSEN MN 55317-7582 ROBERT JAY KLINE 2175 LAKE HARRISON RD CHANHASSEN MN 55317-4624 RONALD FRANK NUTTING SARAH D G CLAUSS SCOTT CARL & KATHRYN M WOSJE 7063 HARRISON HILL TRL 7074 NORTHWOOD CT 7125 NORTHWOOD CT CHANHASSEN MN 55317-7585 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-7566 SHERALYN K SADDLER STEVEN P & JODY K BUSKA SURESH KRISHNA 1957 TOPAZ DR 7054 NORTHWOOD CT 6965 LAKE HARRISON CIR CHANHASSEN MN 55317-7593 CHANHASSEN MN 55317-7582 CHANHASSEN MN 55317-4625 TERRYL ANN MUELLER 7077 HARRISON HILL TRL CHANHASSEN MN 55317-7585 THOMAS L & SUSAN M YEZZI 2320 HARRISON HILL CT CHANHASSEN MN 55317-7586 THOMAS P & ANGELA D VUKOVICH 1965 TOPAZ DR CHANHASSEN MN 55317-7593 TODD N SHELDON WILLIAM O NAEGELE STEVE KROISS 6925 LAKE HARRISON CIR 4300 BAKER RD GALPIN BLVD PARTNERS LLC CHANHASSEN MN 55317-4625 MINNETONKA MN CHANHASSEN BOX 218 CHANHASSEN MN 55317 rLCASt MIN 1 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Planning Case No. /-,A i ARp an Na e a d A dre�s s: - Prop Owner Name and Address: ( (,Pl � l U � c r 1.re uS f ' L- � •es S& �U �x 'J t '7Md' N 600 lJKc_SGe_-t.),Vvqj , 56331 Contact: :)-f AO LS� Contact: Phone: fol Fax: Phone: Fax: Email: Email: NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Nonconforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review _Site Plan Review (SPR,,),,* ``` //Sub(�division* ��Q9`'� C CA - Temporary Sales Permit Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR) Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment Notification Sign - $2DO (City to install and remove) X Escrow for Filing Fees/Attomey Cost" - $50 CUP/8PRNACNARNVAP/Metes & Bounds - $450 Minor SUB TOTAL FEE $ -d6b Pa�- An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 8%" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. "Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT NAME: \'VM t1 5 LOCATION: L LEGAL DESCRIPTION AND PID: LbT F-5) hr h TOTAL ACREAGE: J, <_��-) 67_e_ WETLANDS PRESENT: i- YES NO PRESENTZONING: �L- REQUESTED ZONING: r I— PRESENT LAND USE DESIGNATION: REQUESTED LAND USE REASON FOR REQUEST FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owners Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. C)� )8A Signature of PP ica t y ht- t� ��U� Date ell a,y /z-17.rlZ Signature of Fee Owner Date 6AP1-\for=\d,veloptnent review appli=ionAm SCANNED CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 55317 12/27/2012 3:01 PM Receipt No. 00207641 CLERK: AshleyM PAYEE: Galpin Blvd Partners LLC PO Box 218 Chanhassen MN 55317- ------------------------------------------------------- Final Plat Fee 250.00 Total 250.00 Cash 0.00 Check 5012 250.00 Change 0.00 SCANNED e CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION BUREAU 7700 MARKET BLVD. PO BOX 147 CHANHASSEN, MN 55317 (952)227-1150 FAX: (952) 227-1190 CHANHASSEN FIRE DEPARTMENT POLICY # 06-1991 REQUIREMENTS FOR FIRE LANE SIGNAGE 1. Signs to be a minimum of 12" x 18". NO PARKING 2. Red on white is preferred. FIRE LANE 3. 3M or equal engineer's grade reflective sheeting on aluminum is preferred. 4. Wording shall be: NO PARKING FIRE LANE 5. Signs shall be posted at each end of the fire 0- lane and at least at 100 foot intervals along the fire lane. 6. All signs shall be double sided facing the direction of travel. 7. Post shall be set back a minimum of 12" but not more than 36" from the curb. (NOT TO --j GRADE 8. A fire lane shall be required in front of fire dept. SCALE) connections extending 5 feet on each side and along all areas designated by the Fire Chief. ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. Revisions 6/10/02 3/22/05 5/2/08 2/15/10 Fire Lane Installation FP 06-1991 Page I of I ri X Per rk. x N�- x,603 Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 16, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hail Council Chambers, 7700 Market Blvd. Request for preliminary plat to subdivide 9.37 acres into 4 lots Proposal: with a variance for a private street, and vacation of drainage and utility easements on property zoned Planned Unit Development - Residential PUD -R - WYNSONG Applicant: Kroiss, Gal in Blvd. Partners, LLC Property 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeti `the Chair will lead the What Happens public hearing through the followingeps:: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2012-16. If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerous(fti.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review ProtedJre: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim Uses, Welland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in writing. Any interested parry is invited to attend the meeting. • Staff prepares a report on the subject application that includes all pertinent information and a recommendation. These reports are available by request. At the Planning Commission meeting, staff will give a verbal overview of the report and a recommendation The item will be opened for the public to speak about the proposal as apart of the hearing process. The Commission will close the public hearing and discuss the item and make a recommendation to the City council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commerciallindustnal. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard. Some applications due to their complexity may take several months to complete. Any person wishing to follow an item through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokespersonlrepresentative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. K you wish to have something to be included in the report, please contact the Planning Staff person named on the notification. SCANNED Fj r CITY OF CHANHASSEN ��PSFS pOSTI _� � PITNlY BOw[i 021 P $ 000.450 0003195036 OCT 042012 MAILED FROM ZIP CODE 55317 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 Wdw ri rh-6-- O D l) I O r 3. 2 p�Tl1R.N s0 5_ N U C :V K n 0 •C i�Ao Ld_ �" ;. 114/t5-UU4fb-U4-43 t /'J 1.4/ 4f b u{ (<< Oa This map is neither a legally recorded map nor a survey and isiiinlut{{I{it{{ttt{Ilt1{{tn{ti{ '`k as one. This map is a compilation of records, information and {1{1{ir{tint{{ritt+{itrl oJ&�0 city, county, state and federal offices and other sources regardil (� is to be used for reference purposes only. The City does .,at the TX 0 Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, Indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the users access or use of data provided. JAMES D SHEEDY NSN 6955 LAKE HARRISON CIR CHANHASSEN MN 55317-4625 E,5,3i';'e-o-F 5446t113, 1111LA.I.1.11.... III ... 1,LJ,J11.1.1.11111..111,11,11..IIil Notice of Public Hearing Chanhassen Planning Commission Meeting Date & Time: Tuesday, October 16, 2012 at 7:00 p.m. This hearing may not start until later in the evening, depending on the order of theagenda. Location: City Hall Council Chambers, 7700 Market Blvd. Request for preliminary plat to subdivide 9.37 acres into 4 lots Proposal: with a variance for a private street, and vacation of drainage and utility easements on property zoned Planned Unit Development - Residential PUD -R - WYNSONG Applicant: Kroiss, Gal in Blvd. Partners, LLC Property 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition) Location: A location map is on the reverse side of this notice. The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. Ddring the meeting, the Chair will lead the What Happens public hearing through the following steps: at the Meeting: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans on the project. 3. Comments are received from the public. 4. Public hearing is closed and the Commission discusses the project. If you want to see the plans before the meeting, please visit the City's projects web page at: www.ci.chanhassen.mn.us/2012-16 If you wish to talk to someone about this project, please contact Bob Generous by Questions & email at boenerousCa2ci.chanhassen.mn.us or by phone at Comments: 952-227-1131. If you choose to submit written comments, it is helpful to have one copy to the department in advance of the meeting. Staff will provide copies to the Commission. The staff report for this item will be available online on the project web site listed above the Thursday prior to the Planning Commission meeting. City Review Procedure: • Subdivisions, Planned Unit Developments, Site Plan Reviews, Conditional and interim Uses, Wetland Alterations, Rezonings, Comprehensive Plan Amendments and Code Amendments require a public hearing before the Planning Commission. City ordinances require all property within 500 feet of the subject site to be notified of the application in wining. Any interested party is invited to attend the meeting_ • Staff prepares a report on the subject application that includes all pemnent information and a recommendation. These reports are available by request. At the Planning Commission meeting. staff will give a verbal overview of the report and a recommendation. The dem will be opened for the public to speak about the proposal as a part of the hearing process. The Commission will close the public hearing and discuss the Rem and make a recommendation to the City Council. The City Council may reverse, affirm or modify wholly or partly the Planning Commission's recommendation. Rezonings, land use and code amendments take a simple majority vote of the City Council except rezonings and land use amendments from residential to commercial/industrial. • Minnesota State Statute 519.99 requires all applications to be processed within 60 days unless the applicant waives this standard Some applications due to their complexity may take several months to complete. Any person wishing to follow an Rem through the process should check with the Planning Department regarding its status and scheduling for the City Council meeting. • A neighborhood spokesperson/representative is encouraged to provide a contact for the city. Often developers are encouraged to meet with the neighborhood regarding their proposal. Staff is also available to review the project with any interested person(s). • Because the Planning Commission holds the public hearing, the City Council does not. Minutes are taken and any correspondence regarding the application will be included in the report to the City Council. R you wish to have something to be included in the report,please contact the Planning Staff person named on the notification. SCANNED CITY OF CNANHA3SEN 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 55317 www.ci.chanhassen.nnn lie 0 Z0/0A/1-2 EB1]1 0 TTDnt 1u SEkD3 Ru_D(}a j�-r�4-4: This map is neither a legally recorded map 1, F�ORN '11 t'"„ttt,lilti�1t1i1u1t1 as one. This map is a compilation of recor�'� r i A city,county, state and federal offices and o6 is to be used for reference purposes on 1 1111 t11tt,�tl t1 Geographic Information System (GIS) Data u. at 1 the City does not represent that the GIS Data , „acxmg or any other purpose requiring exacting measurc .,,,,,e or direction or precision in the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107, The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnity, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. �PZF9 �r'ls` � PITNEY sow[e 021 F $ 000.450 0003195036 OCT 04 2012 MAILED FROM ZIP CODE 55317 LONGACRES HOMEOWNERS ASSN INC PO BOX 542 CHANHASSEN MN 55317-0542 IIIIIIIIIIruIIrnIIIIrnIIInnIIIIIIIII,rlrlJrrirr6lr I I.II SCANNED CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION 112 Application of Galpin Blvd. Partners, LLC and Charles Song for subdivision approval to subdivide 9.37 acres into 4 lots with a variance for a private street. On October 16, 2012, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Galpin Blvd. Partners, LLC and Charles Song for subdivision approval to subdivide 9.37 acres into 4 lots with a variance for a private street. The Planning Commission conducted a public hearing on the proposed subdivision preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Planned Unit Development — Residential (PUD -R). 2. The property is guided in the Land Use Plan for Residential Low Density use. 3. The legal description of the property is Lot 1, Block 1, Song Addition. 4. The Subdivision Ordinance directs the Planning Commission to consider seven possible adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding them are: 1) The proposed subdivision is consistent with the zoning ordinance; 2) The proposed subdivision is consistent with all applicable city, county and regional plans including but not limited to the city's comprehensive plan; 3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water drainage are suitable for the proposed development; 4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage disposal, streets, erosion control and all other improvements required by this chapter; 5) The proposed subdivision will not cause environmental damage; 6) The proposed subdivision will not conflict with easements of record; and SCANNED 7) The proposed subdivision is not premature. A subdivision is premature if any of the following exists: a. Lack of adequate storm water drainage. b. Lack of adequate roads. C. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. 5. Variance Findings—Private Street a. The hardship is not a mere inconvenience, but provides a means for preserving natural features on site, specifically the wetland to the north of the entrance to the property. Construction of a public street would significantly impact the wetland and lead to additional tree removal. b. The hardship is caused by the particular physical surroundings, shape or typographical conditions of the land. The wetland and site topography limit the location of the street. 1. C. The conditions upon which the request is based are unique and not generally applicable to other property due to natural features on the property including wetlands and topography. d. The granting of the variance will not be substantially detrimental to the public welfare and is in accord with the purpose and intent of the subdivision ordinance, the zoning ordinance and comprehensive plan. Access to adjacent properties is both unnecessary and infeasible due to wetlands. 6. The planning report #2012-16, dated October 16, 2012, prepared by Robert Generous, et al, is incorporated herein. The Planning Commission recommends that the City Council approve the Preliminary Plat creating four lots with a variance for a private street. ADOPTED by the Chanhassen Planning Commission this 16th day of October 2012. CHANHASSEN PLANNING COMMISSION Its Chairman PA CITY OF CHANHASSEN PLANNING DEPARTMENT 7700 Market Boulevard P.O. Box 147 CHANHASSEN, MN 55317 (952) 227-1100 FAX (952) 227-1110 TO: Campbell Knutson, PA 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL DATE JOB NO. 11/1/12 2012-16 ATTENTION Carole Hoeft RE: Document Recording ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/10/12 12-06 Site Plan Permit 2012-06 for Super Dog Country Club (Lot 2, Block 1, Arboretum Business Park 3`d Addition) ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment M For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment M For Recording ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: Karen Jackson SIGN If enclosures are not as noted, kindly notify us at once. r 107 SCAN NE CITY OF CHANHASSEN SITE PLAN PERMIT # 2012-06 SPECIAL PROVISIONS AGREEMENT dated September 10, 2012, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and SUPER DOG COUNTRY CLUB, LLC (the "Developer"). 1. Request for Site Plan Approval. The Developer has asked the City to approve a site plan for a 5,281 square -foot expansion to the approved site plan for a total of 26,301 square feet of building area (referred to in this Permit as the "project"). The land is legally described as Lot 2, Block 1, Arboretum Business Park 31d Addition. 2. Conditions of Site Plan Approval. The City hereby approves the site plan on condition that the Developer enter into this Permit and famish the security required by it. 3. Development Plans. The project shall be developed and maintained in accordance with the following plans. The plans shall not be attached to this Contract. If the plans vary from the written terms of this Permit, the written terms shall control. The plans are: Plan A: Site Plan prepared by James R. Hill, Inc., dated May 4, 2012, revised July 20, 2012. Plan B: Grading, Drainage and Erosion Control Plan prepared by James R. Hill, Inc., dated May 4, 2012, revised July 20, 2012. Plan C: Landscaping Plan prepared by James R. Hill, Inc., dated May 4, 2012, revised July 18, 2012. Plan D: Utility Plans prepared by James R. Hill, Inc., dated May 4, 2012, revised July 20, 2012. 4. Time of Performance. The Developer shall install all required screening and landscaping by October 1, 2013. The Developer 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 Developer to reflect cost increases and the extended completion date. 5. Security. To guarantee compliance with the terms of this Permit, the Developer shall furnish the City with a letter of credit from a bank, cash escrow, or equivalent ("security") for $12,750.00 (erosion control, landscaping and storm sewer). If the Developer requests a Certificate of Occupancy prior to the installation of site landscaping, then the developer shall provide to the city a letter of credit or cash escrow in an amount sufficient to insure the installation of said landscaping. PROCEDURES FOR LETTER OF CREDIT REDUCTION a. Requests for reductions of Letters of Credit must be submitted to the City in writing by the Developer or his Engineer. b. Partial lien waivers totaling the amount of the requested reduction shall accompany each such request. c. Any reduction shall be subject to City approval. 6. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Super Dog Country Club, LLC Attn: Karen Jackson 10104 Indigo Drive Eden Prairie, MN 55347-1208 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified 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. City Council approves a site plan for a 5281 square -foot expansion to the approved site plan for a total of 26,301 square feet of building area subject to the following conditions: Building Official Conditions: a. The buildings are required to have automatic fire extinguishing systems. b. Building plans must be prepared and signed by design professionals licensed in the State of Minnesota. c. Retaining walls over four feet high must be designed by a professional engineer and a permit must be obtained prior to construction. 2 d. The owner and/or their representative shall meet with the Inspections Division as soon as possible to discuss property line issues as well as plan review and permit procedures. e. Any work on existing utilities on site will have to be coordinated carefully with the affected utility to insure there is no interruption of customer service. Engineering Conditions: a. Additional information and calculations must be submitted to determine if the regional pond can accommodate the proposed additional impervious areas. The applicant shall work with staff on revised calculations. b. If importing or exporting material for development of the site is necessary, the applicant will be required to supply the City with detailed haul routes. c. The developer will need to work with staff to mi mwe the height of the retaining wall on the west side of the proposed parking lot. Currently, the finished wall is outside the drainage and utility easement, but the structural support will likely be located within the drainage and utility easement. All structural support for the wall must be located outside of the drainage and utility easement. d. Building permits are required for all retaining walls four feet tall or higher and must be designed by a Stmctural Engineer registered in the State of Minnesota. Due to the height of the retaining wall, a fence must be placed on the top for safety at any location that the vertical separation of the ground is greater than four feet. e. The City of Chaska will be providing sewer and water service to this site. Approvals, permits, and fees for sewer and water will be with the City of Chaska. f. The sanitary sewer along the west property line, storm sewer along the east property line, and storm sewer along the south property line shall be publicly owned and maintained. All other utilities within the property boundary will be privately owned and maintained. g. Details must be provided for all proposed storm sewer, sanitary sewer, and watermain crossings. Actual elevations of existing utilities shall be verified for accuracy. A minimum vertical separation of 18 inches is required at all storm, sanitary, and watermain crossings. Contact Gordy Stauff at 952-227-1166 with the City of Chanhassen Engineering Department 48 hours prior to connecting to the storm. h. Each new building is subject to sanitary sewer and water hookup charges. Sanitary sewer and water hookup fees are unknown at this time, but will be need to be paid to the City of Chaska. i. All of the utility improvements are required to be constructed in accordance with the City's latest edition of Standard Specifications and Detail Plates. The applicant is also required to provide the City with the necessary financial security in the form of a letter of credit or cash 3 escrow in the amount of $9,000.00 to guarantee the installation of the storm sewer, erosion control, and seeding. The applicant must also notify the City after installation of the erosion control and 48 hours prior to the commencement of grading. Permits from the appropriate regulatory agencies will be required, including the MPCA and the Dept. of Health. J• Encroachment agreements will be needed for the fence in the drainage and utility easements. k. The applicant shall work with staff to make changes to plans according to staff redlines. Environmental Resource Specialist Conditions: a. Increase plantings for bufferyard areas in order to meet ordinance requirements. b. Transplanted trees will not be accepted as quantities to meet minimum landscape requirements. c. To control noise the applicant must install, maintain and operate an ultrasonic noise abatement system. City staff will review the effectiveness of the system 6 months after the system is operational and then 12 months after it is operational. If city staff concludes there's an issue with noise they will bring it back to the City Council and the City Council may require the planting of 15 trees to replace the noise abatement system. The applicant shall escrow X dollars as determined by city staff to guarantee that the trees are planted. Fire Marshal Conditions: a. A three-foot clear space shall be maintained around the circumference of the fire hydrant per MSFC Section 508.5.5. b. Nothing shall be placed in a manner that would prevent operation of the fire hydrant by firefighters. MSFC Section 508.5.4. Planning Conditions: a. The applicant shall enter into a site plan agreement with the City and provide the necessary security to guarantee erosion control, site restoration and landscaping. b. Mechanical equipment shall be screened through the placement on the roof, the use of parapet walls and the use of low -profile equipment. c. The applicant shall extend the sidewalk on the west side of the building to the south to connect to the sidewalk across the south side of the buildings, and to the north to the sidewalk along the north side of the building. d. A separate sign permit is required for each sign. 4 e. The applicant shall prepare and implement an additional noise abatement/mitigation plan. Water Resource Coordinator Conditions: Surface Water Drainage and Treatment a. While it does not appear that the site will exceed the maximum 70% hardcover as allowed by §20-505, calculations must be provided. These calculations shall include the artificial turf areas. b. The submittal shall indicate if there is an underdrain system for the artificial turf areas. If there is, show how this is connected to the public conveyance system. The applicant must also describe how this system prevents animal wastes from entering the storm sewer system. c. The landscape plan calls out non -woven weed mat. This should be changed to reflect that the fabric must have a minimum permittivity of 0.7 sec -1 as described in ASTMD-4491 and an apparent opening size maximum of 0.25 mm. If this is not acceptable for the landscaping purposes, this area shall be calculated as hardcover for both planning and stormwater modeling purposes. Erosion and Sediment Control a. The applicant shall provide the NPDES Permit number prior to commencement of earth disturbing activities. b. The SWPPP shall be amended such that under Project Contacts, the City contact is Terry Jeffery, Water Resources Coordinator 952-227-1168 and Chip Hentges, Carver County SWCD, 952-393-1146 shall be added. c. That portion of the SWPPP with the heading "Responsibility Requirements" shall be completed in full and submitted to the City and included in the on-site SWPPP prior to the commencement of earth disturbing activities. d. Per Part III. A. 3 of the NPDES permit, a narrative describing the timing and placement of all erosion prevention and sediment control BMPs must be included in the SWPPP. 8. General Conditions. The general conditions of this Permit are attached as Exhibit "A" and incorporated herein. CITY OF 9HANHASSEN BY: I L,--.% 02 STATE OF MINNESOTA ) (sS COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this,O%y of 2012, 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. =Publicmijnnesota T ta015 STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this a& day of Owe 2012 by Karen Jackson, the pf e? (&tt-F of Super Dog Country Club, LLC. DRAFCED BY: DAWN M. LUNDMARK City of Chanhas3 Mores L j� j�iols 7700 Market Boulevard P. O. Box 147 Cheahassen•, MN 55317 (952)227-1100 0 CITY OF CHANHASSEN SITE PLAN PERMIT EXEMIT "A" GENERAL CONDITIONS 1. Right to Proceed. Within the site plan area, the Developer may not grade or otherwise disturb the earth, remove trees, construct improvements, or any buildings until all the following conditions have been satisfied: 1) this 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, and 3) the City has issued a building permit in reliance on the foregoing conditions having been satisfied. 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 Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat 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, and before any building permits are issued, the erosion control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion control requirements if 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 Developer 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 Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless there is full compliance with the erosion control requirements. 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. 5. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer, its agents or assigns. 6. Warranty. All trees, grass, and sod required in the approved Landscaping Plan, Plan C, shall be warranted to be alive, of good quality, and disease free at the time of planting. All trees shall be warranted for twelve (12) months from the time of planting. The Developer or his contractor(s) shall post a letter of credit or cash escrow to the City to secure the warranties at the time of final acceptance - GC -1 Responsibility for Costa A. The Developer 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 plan approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attomeys' fees. B. The Developer shall reimburse the City for costs incurred in the enforcement of this Permit, including engineering and attorneys' fees. C. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Permit within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all development work and construction. Bills not paid within thirty (30) days shall accrue interest at the rate of 8% per year. 8. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract 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. 9. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer. Trailers shall be remover( from the subject property within thirty (30) days following the issuance of a certificate of occupancy unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Permit. D. Breach of Contract. Breach of the terms of this Permit by the Developer shall be grounds for denial of building permits. E. 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 Contract. F. Occupancy. Unless approved in writing by the City Engineer, no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities tested and approved by the city. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. 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 Contract shall not be a waiver or release. H. Recording. This Permit shall run with the land and may be recorded against the title to the property. I. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in Cfrw 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 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. I Construction Hours. The normal construction hours under this contract shall be from 7:00 a.m. to 9:00 pm. on weekdays, from 9:00 an. to 5:00 p.m. on 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 Developer 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. Comoliance with Laws_ Ordinances and Regulations. In the development of the site plan the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 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 Title. Upon request, the Developer shall famish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers too enter into this Development Contract. N. Soil Conditions. The Developer 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 Developer may make use of such property. The Developer 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 Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. GC -3 CONSENT Owners of all or part of the subject property, the development of v foregoing Site Plan Permit, affirm and consent to the provisions thereof the provisions as the same may apply to that portion of the subject prDRO Dated this day of 040SCE 2012 STATE OF MINNESOTA ) (sS COUNTYOF Clef— ) I is governed by the agree to be bound by med by them. The foregoing instrument was acknowledged before me this aG day of 6 , 2012, by e} P, -TAkC,6y\ . DRAFTED BY. City of Chauhan 7700 Market Boulevard P. O. Box 147 Chanhassen, MN 55317 (952)227-1100 DAWN M. LUNDMARK q NOTARY PUBLIC - MINNESOTA My C0W,,AS iaa Eapk" JIM. 31.2015 CITY OF CE CARVER & NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-16 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Com- mission will hold a public hearing on Tuesday, October 16, 2012, at 7:00 P.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for prelimi. nary plat to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and utility easements on orouerty ated at 7042 1, Block 1, Owner: Charles Song A plan showing the location of the proposal is available for public review on the City's web site at wwwci.chanhassen.mn.us/2012-16 or at City Hall during regular busi. ness hours. All interested persons are invited to attend this public with hearingandexpress their opinions respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@ci.chanhassen. mn.us Phone: 952.227-1131 (Published in the Chanhassen Villager on Thursday, October 4, 2012: No 4726) I,�-1'(eD Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Carver ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- lager and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as amended. /I (B) The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopgrstuv1wxyzL , p /ny By: l�W� w Laurie A. Hartmann Subscribed and sworn before me on this N day of ( J , 2012 N blit JYMME JEANNEM BARK NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01(31113 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................ $31.20 per column inch Rate actually charged for the above matter .............................................. $12.59 per column inch 0 VLCma.0 CITY OF CHANHASSEN 7700 Market Boulevard — P.O. Box 147 Chanhassen, MN 55317 — (952) 227-1100 DEVELOPMENT REVIEW APPLICATION Address: LLL Phone:tota--FoaFax: Email 51eVe.Lfols5@ KrorssdEy�.l�men� cont Planning Case No.461o1'Ae� CITY OF CHANHASSEN RECEIVED SEP 14 2012 i,l RNNAJAtN YLANNINU U[YI Property Owner Name and Address: 7L�E1 Contact: PlAckAe5 Phone: qc 2-47�L--ne4 Fax: T Email: csss o �� Cici ,Can NOTE: Consultation with City staff is required prior to submittal, including review of development plans Comprehensive Plan Amendment Conditional Use Permit (CUP) Interim Use Permit (IUP) Non -conforming Use Permit Planned Unit Development* Rezoning Sign Permits Sign Plan Review Site Plan Review (SPR)* q� Subdivision* $W O -}' of _16%G Temporary Sales Permit 41 06 Vacation of Right-of-Way/Easements (VAC) (Additional recording fees may apply) Variance (VAR)�� Wetland Alteration Permit (WAP) Zoning Appeal Zoning Ordinance Amendment 1� Notification Sign - $200 (City to install and remove) ^�qq X Escrow for Filing Fees/Attorney Cost** 5V - $50 CUP/SPR/VAC/VAR/WAP/Metes & Bounds $450 Minor SUB A19II cant- j�,1'd TOTAL FEE $ m ( O An additional fee of $3.00 per address within the public hearing notification area will be invoiced to the applicant prior to the public hearing. *Five (5) full-size folded copies of the plans must be submitted, including an 81/2" X 11" reduced copy for each plan sheet along with a digital copy in TIFF -Group 4 (*.tif) format. **Escrow will be required for other applications through the development contract. Building material samples must be submitted with site plan reviews. NOTE: When multiple applications are processed, the appropriate fee shall be charged for each application. SCANNED PROJECT N LOCATION: LEGAL DESCRIPTION AND PID: 2 /� )s - R6 (4 00 to TOTAL ACREAGE: 3� �, ��reS WETLANDS PRESENT: YES NO PRESENT ZONING: Y11�llJQ-� REQUESTED ZONING: V D PRESENT LAND USE DESIGNATION: REQUESTED LAND USE DESIGNATION: REASON FOR REQUEST: FOR SITE PLAN REVIEW: Include number of existing employees: and new employees: This application must be completed in full and be typewritten or clearly printed and must be accompanied by all information and plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within 15 business days of application submittal. A written notice of application deficiencies shall be mailed to the applicant within 15 business days of application. This is to certify that I am making application for the described action by the City and that I am responsible for complying with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and the fee owner has also signed this application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the study. The documents and information I have submitted are true and correct to the best of my knowledge. Signature of Applicant IDate M�, g11/ /(2 Signature of Fee Owner' Date g1ptan\1 0`-Vaeve4opment review applicatim.dm SCANNED Generous, Bob From: Monson, Cherie L.[cherie.monson@centerpointenergy.com] Sent: Friday, September 28, 2012 5:01 PM To: Meuwissen, Kim; Generous, Bob Cc: Balgobin, Andrew Subject: RE: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) Our only concern is the property addressed as 7042 Galpin Blvd which is serviced from Lake Harrison Circle (see attached). Is 7042 going to be demoed? If so, service will have to be cut. Thank you. Have a great day! Cherie Monson Sales Consultant New Market Development Phone: 612-321-5435 Fax: 612-321-5442 Email: Cherie.Monson( CenterPointEnerev com CLICK HERE for Rebate Forms and Information From: Meuwissen, Kim[mailto:kmeuwissen@ci.chanhassen.mn.usl Sent: Monday, September 17, 2012 2:32 PM To: Fauske, Alyson; Hoffman, Todd; Littfin, Mark; Mohn, Jerry; Jeffery, Terry; Sinclair, Jill; chentges(abco.carver.mn.us; iohn.gleasomo)dnr.state.mn.us; Irobient(obco.carver.mn.us; menochs(a@ch2m.com; Biggar, Mark]; rick.iorgensen(a)centurvlink.com; Monson, Cherie L.; cthompson(a)mediacomcc.com; Karl.r.johnsonCalxceleneray.com Cc: Generous, Bob Subject: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) City staff and outside referral agencies: • A copy of the referral document and location map are attached. • Please review the variance documents from the following link: http://67.63.229.140/webli nk/browse. aspx?sta rtid=247771&&dbid=0 • Please respond with comments no later than October 5. 2012 to (replies to this email will automatically be redirected to Bob Generous): Robert Generous Senior Planner 952-227-1131 bgenerous(cDci.chanhassen.mn.us Kim AfeuwLssen aITY OF CHANHASSEN Planning Secretary 951-227-1107 kmeuwissen(a),ci.chanhassen.mn us Date: September 17, 2012 City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 To: Development Plan Referral Agencies Review Response Deadline: October 5, 2012 From: Planning Department By: Robert Generous, Senior Planner 952-227-1131 or beenerousaa.ci.chanhassen.mn.us Subject: WYNSONG: Request for preliminary plat to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and utility easements on property zoned Planned Unit Development -Residential (PUD -R) located at 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition). Applicant: Steve Kroiss, Galpin Blvd. Partners, LLC. Owner: Charles Song. Planning Case: 2012-16 PID: 25- 8040010 The above- described application for approval of a land development proposal was filed with the Chanhassen Planning Department on September 14, 2012. The 60 -day review period ends November 13, 2012. In order for us to provide a complete analysis of issues for Planning Commission and City Council review, we would appreciate your comments and recommendations concerning the impact of this proposal on traffic circulation, existing and proposed future utility services, storm water drainage, and the need for acquiring public lands or easements for park sites, street extensions or improvements, and utilities. Where specific needs or problems exist, we would like to have a written report to this effect from the agency concerned so that we can make a recommendation to the Planning Commission and City Council. This application is scheduled for consideration by the Chanhassen Planning Commission on October 16, 2012 at 7:00 p.m. in the Council Chambers at Chanhassen City Hall. We would appreciate receiving your comments by no later than October 5, 2012. You may also appear at the Planning Commission meeting if you so desire. Your cooperation and assistance is greatly appreciated. City Departments: a. City Engineer b. City Attorney c. City Park Director d. Fire Marshal e. Building Official E Water Resources Coordinator g. Forester 2. Carver Soil & Water Conservation District 3. MN Dept. of Transportation 4. MN Dept of Natural Resources 5. U.S. Army Corps of Engineers 6. U.S. Fish & Wildlife 7. Carver County a. Engineer b. Park and Recreation c. Environmental Services 8. Watershed District Engineer a. Riley -Purgatory -Bluff Creek b. Lower Minnesota River c. Minnehaha Creek 9. Telephone Company (CenturyLink) 10. Electric Company (Xcel Energy) 11. Mediacom 12. CenterPoint Energy Minnegasco SCANNED Generous, Bob From: Kate Miner [kminer@co.carver.mn.us] Sent: Friday, September 21, 2012 9:06 AM To: Meuwissen, Kim; Generous, Bob Subject: FW: City of Chanhassen Referral Request: (Wynsong) Carver County Engineering has no comments at this time. Thanks, Kate Miner, P.E. 952-466-5208 7042 Galpin Boulevard Subdivision Request From: Lyndon Robjent Sent: Monday, September 17, 2012 5:07 PM To: Kate Miner Subject: FW: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) From: Meuwissen, Kim fmailtoeeuwissen(a)ci.chanhassen.mn.us1 Sent: Monday, September 17, 2012 2:32 PM To: Fauske, Alyson; Hoffman, Todd; Littfin, Mark; Mohn, Jerry; Jeffery, Terry; Sinclair, Jill; Chip Hentges; iohn.gleason@dnr.state.mn us; Lyndon Robjent; menochs0ch2m.com; Biggar, Mark]; rick.ioraensencabcenturylink.com; cherie.monsonCalCenterPointEnergy com; cthompson(almediacomcc.com; Karl.r.iohnson@xcelenergy.com Cc: Generous, Bob Subject: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) City staff and outside referral agencies: A copy of the referral document and location map are attached. • Please review the variance documents from the following link: http://67.63.229.140/weblink/browse.aspx?startid=247771&&d bid=0 • Please respond with comments no later than October S. 2012 to (replies to this email will automatically be redirected to Bob Generous): Robert Generous Senior Planner 952-227-1131 bgenerous0ci.chanhassen.mn.us Kim Meuwissen Ki�alTY OF CHANHASSEN Planning Secretary 952-227-1107 kmeuwissen/a�ci.chanhassen mn.us I E - I Generous, Bob From: Jorgensen, Rick [Rick.Jorgensen@CenturyLink.com] Sent: Monday, September 17, 2012 2:53 PM To: Meuwissen, Kim; Generous, Bob Subject: RE: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) Kim, We have existing service close by along County Rd 117. Would place with a small joint -trench job to service the four homes. Regards, Rick Rick Jorgensen Engineer II 2800 Wayzata Blvd. Rm. 300 Mpls, Mn. 55405 0.612-381-5568 F.612-381-5571 Rick.Jorgensen@centurVIink.com hA1Pli CenturyLinkn For information on products and Services Click on the following link: http://qwest.centurVIink.com/residential/refer/index.html and enter promotional code: rajorge From: Meuwissen, Kim[mailto:kmeuwissenColci.chanhassen.mn.us] Sent: Monday, September 17, 2012 2:32 PM To: Fauske, Alyson; Hoffman, Todd; Littfin, Mark; Mohn, Jerry; Jeffery, Terry; Sinclair, Jill; chentges(alco.carver.mn.us; iohn.aleason@dnr.state.mn.us; Irobjent(a)co.carver.mn.us; menochs@ch2m.com; Biggar, Mark J; Jorgensen, Rick; cherie.monson(aDCenterPointEnerav com; cthompson(nlme liacomcc.com; Karl.r.johnson(alxcelenergv.com Cc: Generous, Bob Subject: City of Chanhassen Referral Request: 7042 Galpin Boulevard Subdivision Request (Wynsong) City staff and outside referral agencies: A copy of the referral document and location map are attached. CITY OF CHANHASSEN CARVER & HENNEPIN COUNTIES NOTICE OF PUBLIC HEARING PLANNING CASE NO. 2012-16 NOTICE IS HEREBY GIVEN that the Chanhassen Planning Commission will hold a public hearing on Tuesday, October 16, 2012, at 7:00 p.m. in the Council Chambers in Chanhassen City Hall, 7700 Market Blvd. The purpose of this hearing is to consider a request for preliminary plat to subdivide 9.37 acres into 4 lots with a variance for a private street, and vacation of drainage and utility easements on property zoned Planned Unit Development -Residential (PUR- R) located at 7042 Galpin Boulevard (Lot 1, Block 1, Song Addition). Applicant: Steve Kroiss, Galpin Blvd. Partners, LLC. Owner: Charles Song. A plan showing the location of the proposal is available for public review on the City's web site at www.ci.chanhassen.mn.us/2012-16 or at City Hall during regular business hours. All interested persons are invited to attend this public hearing and express their opinions with respect to this proposal. Robert Generous, Senior Planner Email: bgenerous@.ci.chanhassen.mn.us Phone: 952-227-1131 (Publish in the Chanhassen Villager on October 4, 2012) SCANNED WYNSONG - PLANNING CASE 12-16 $660.00 Subdivision ($600 + $15 per lot) $300.00 Vacation $200.00 Variance $200.00 Notification Sign $50.00 Recording Fees $1,410.00 TOTAL $1,410.00 Check 5002 from Galpin Blvd. Partners, LLC $0.00 Balance Owed SCANNFO CITY OF CHANHASSEN P O BOX 147 CHANHASSEN MN 553 09/14/2012 3:27 PM Receipt No. 00198483 CLERK: AshleyM PAYEE: PO Box Chanhassen Wynsong ------------------------------------------------------- Subdivision 660.00 Notification Sign 200.00 Recording Fees 50.00 Vacation 300.00 Variance 200.00 Total Cash Check 5002 Change 1,410.00 0.00 1,410.00 0.00 BCANNEO Preservation Easement Exhibit N" llee of Lot 1, —NW corner of Lot 4, — North INo of Lot 4. i Blook 1, WINSONG i Block I, "SGNG I Bloci I, W SCNC 40 0 b Bo 120 Scan 1' — 40' eAlSTku- Strenl !o mrtke IA/\/A SE carr of Lot J—... / i• PROPOSED PRESERVA71ON EASEMENT A \ L wnvstavc 1 ARM — f4s"w sr \ l ------------------- NmMJY497 27r. 7e . South IM o/ Let 4- 21.87 moo, 1, srmsm O NNP'4"4'I PROPOSED PRESMVATNW EASSWDYT B. I PROPOSED PRESERVA MN EAS&WD4r A A prpetun' prrrrflcn ewrrrr f ors, ands; and Dore Mat port of Lots I and 4, / A prpsfual —Ir sornrenf ow, ands, and ocror Mot shlo* 1 �ScNr CrwErmr L'ontX Nhnmto, amo dhp to Ms recardM plat Mreo/ W/NSDNO, C, County Nhnroto, 000rdhp to Me receded Pht Mreo/ dro6M I r Moec BeuMhp Of Me No,thsewt conn Of soil Cot 4; Maw an rt a he of Hwet of Oo N. W of Bre SrMeasf comer o/ rod Lot ; Mrrw an ut ane of W Lot $p/M 89 dare fi t. &so f1 seth 2, East, o'anp M North the o/ h, Lot 4 0 Of NSM B9 degrees 43 mhutr 14 ser4anb MML dog Me South /M o/ ri/ lot dbforos o/ 15810 6ret Mews Sorts 2I de9rer 09 mMtr 47 aecrws "t a 3 a d1stanw o/ 21.87 Mt to Me point o/ bs9hnhy� Mr¢w oanthw North B9 dbtorros of 8849 hest. Mrw So VM 16 dsyees S5 mFufr 19 se ohdr ErL a degrees 43 miutes 14 reads Nwt doW sold South Nass. o dMtanes of 171.78 distonw o/ 29.45 fast Mrw Seat 16 == 19 miwtr 19 anode MsaL a Net Mens North 34 dyer 36 mMtr 56 roande £ost a &stoner of 14120 mstonew of 3819 feet Monte NPM 70 aysee 40 mYwtes 50 seconds MMS a Mt then SeuM W dyees 28 mhutr 15 seconds East a drtanw of 12478 serf -w of 293?1 ML' M. North 45 dsprrs 36 mhutr 30 ssemdr Most e / test to Me paint of ls9hnhg d1suras of 76.06 hest to Me North /he o/ sold Lot I; Msnw South 89 deers 47 mhutr 14 sear* East obg soil North /ha, a dstanw of 211.49 Mt to Me point of bephnhg Ineclueatem Py: I hereby certify that this survey, Preservation Easement Exhibit • denotes iron monument found plan, a report was prepared lar ma www ottoassodates.Lnm G a Ip i n Blvd. Partners S under under r theect supIowa of the and TTS p denotes iron pipe set a a,4 , on Lots 1, 3, and 4, Block 1, that I am a duty Licensed Land 9 West Divlslon Street and marked as shown:surveyor under the lora of the BuABb, MN 55313 orrD4mu State oj, Minrplaota. \Y Ic� l4, I I ^c I I I cv Ineclueatem Py: I hereby certify that this survey, Preservation Easement Exhibit • denotes iron monument found plan, a report was prepared lar ma www ottoassodates.Lnm G a Ip i n Blvd. Partners S under under r theect supIowa of the and TTS p denotes iron pipe set a a,4 , on Lots 1, 3, and 4, Block 1, that I am a duty Licensed Land 9 West Divlslon Street and marked as shown:surveyor under the lora of the BuABb, MN 55313 orrD4mu State oj, Minrplaota. 1 o Ya( O 1 ar9a - Y.ve 19twru'9 ro m. wr aw win .j \ \ � ' h\ q 3 9 OUTLOT A- �� \ \ \ \ \ � \ •,wee _— w9w a 8 n I dm 7m m I I — I 995-- —� _I T I I I I I 990— ___ ____J _ _J I RETAINING WALL PROFILE Wrr MW AC OUNT FOR ARE GROUND F1£VAnONs a o0 Moi ACCOUNT FOR sli® BLOCK. O0 / ..11 \d\ yam. q\ n . 5 eufpc-jz. CASE S/4/VS OCL) ua9[ MFRAIQ9 9911[.n9X cainnm n x.9LIwM eMNMalMTIL srtMca 000*rs .xarovn rn.90 an[n I w u.9w.9 DEMOM IMI9Ix IDHLsr In£•nwl 000�s r19u9< Uouna i — .4 — S — DENO Es $i f —w—w— Wg16 1 PNOlEC110x iilNS wxv omvsrovM.aml i � � i• i.+� • i �+ xm-9nx I I l I m I I 0 (4GY.0. NI - 9Y I 19]9)nJ I B N A 9 199 SSOCI R TES Engineers & Land Surveyors, Inc. To: City of Chanhassen Attn: Bob Generous 7700 Market Boulevard P.O. Box 147 Chanhassan, MN 55317 Transmittal Date: 9/10/2012 Project: WYNSONG Location: Chanhassen Project No: 2-12-0191 CI?V OF CHANHASSEN RECEIVED SEP .i *,-) 2012 CHANHASSEN PLANNING DPn We are sending to you: ®Attached ❑ Separately ❑ By Messenger ❑ By Fax ® By Mail ❑ Picked up by Client ❑ Shop Drawings ❑ Specifications ❑ Contracts ❑ Reports ❑ Prints ❑ Correspondence ❑ Other Number Documents Copies Number Date Description: 5 sets Prelim Plat Submittal 5 sets ALTA/ACSM Survey I set Prelim Plat Submittal - 8.5x11 1 Street design letter ❑ No exceptions taken ❑ For your use ❑ For your information ❑ Rejected ❑ For your approval ® For your review ❑ Revised and resubmitted ❑ For your distribution ❑ As you requested ❑ Note Markings ® For your processing Remark,� C BY Cara Schwalm Otto cara(a?ottoassociates.com Web Site: www.ottoassociates.com 9 WEST DIVISION STREET -BUFFALO. MN 553 L3 - (763) 682-4727 - FAX (763) 682-3522 August 30, 2012 Mr. Todd Simning Galpin Boulevard Partners, LLC PO Box 218 Chanhassen, MN 55317 Re: Pavement Recommendations Song Property 7042 Galpin Boulevard Chanhassen, Minnesota Dear Mr. Simning: Braun Intertec Corporation I Phuue: 952.995.zotw noot Hampshire A"S Fax: 952.995.2020 �finucapoha }1N SSgSS Web: hnumintrrtec.rom Project BL -12-05123 CITY OF CHANHASM RECEIVED W 13 2012 O WMANENPWAN00EPT As requested by Otto and Associates, we are providing you with a bituminous pavement section for the referenced property. Background You plan on developing the Song property into a small 4 -lot residential housing development. As part of this development, a new private street will be constructed. You requested that we provide you and your design team with a proposed bituminous pavement section for this street. It is our understanding that the city requires that the street be designed as a 7 -ton street to allow for emergency vehicle traffic. It will be constructed as a rural section, without curb and gutter. Based on the size of this street, we have assumed that the road will be subjected to no more than 400 ADT (Average Daily Traffic). Recommendations We have completed numerous projects in this area of Chanhassen, including the development on the east side of Galpin Boulevard, just north of West 78th Street. The soils in this part of Chanhassen generally consist of sandy lean clay. Based on experience, these soils generally will test to have Hveem Stabilometer R -values ranging from 10 to 20. For this project we recommend using an assumed R -value of 10. This translates into an AASHTO classification of A-7-6 and a soil factor of 130. Based upon these assumptions, we recommend a pavement section that includes 3 1/2 inches of bituminous pavement (a 1 1/2 -inch surface course over a 2 -inch base course) over 10 inches of aggregate base material. This assumes that the subgrade is prepared so that it will be stable and pass a proof roll with a loaded tandem axle dump truck. The above pavement designs are based upon a 20 -year performance life. This is the amount of time before major reconstruction is anticipated. This performance life assumes maintenance, such as seal coating and crack sealing, is routinely performed. The actual pavement life will vary depending on variations in weather, traffic conditions and maintenance. SCANNED Galpin Boulevard Partners, LLC Project BL -12-05123 August 30, 2012 Page 2 We recommend specifying crushed aggregate base meeting the requirements of Minnesota Department of Transportation (Mn/DOT) Specification 3138 for Class 5 or similar. We recommend that the bituminous wear and base courses meet the requirements of Specifications 2360, Type SP. We recommend the aggregate gradations for the asphalt mixes meet Gradation B for the base course and Gradation B or A for the surface course. Gradation A contains a smaller aggregate size than Gradation B and will provide a surface with less visible aggregate which is desirable for some owners. We recommend the Performance Graded Asphalt cement be a PG 58-28. (If additional resistance to rutting, scuffing and dimpling is desired, we recommend utilizing a PG 64-28. If additional resistance to cold weather cracking is desirable, we recommend utilizing a PG 58-34.) We recommend that the aggregate base be compacted to a minimum of 100 percent of its maximum standard Proctor dry density. We recommend that the bituminous pavement be compacted to at least 92 percent of the maximum theoretical Rice density. We recommend installing perforated drainpipes throughout pavement areas at low points and about catch basins. The drainpipes should be placed in small trenches extended at least 8 inches below the granular subbase layer — or aggregate base material where no subbase is present. Remarks In performing its services, Braun Intertec used that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession currently practicing in the same locality. No warranty, express or implied, is made. If you have any questions about this report, please call Henry Vloo at 952.995.2238 or Gregg Jandro at 952.995.2270. Sincerely, BRAUN INTERTEC CORPORATION Professional Certification: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duty Licensed Professional Engineer under the laws of the State of Minnesota. V 0.oNaa�O_F Fran' Henry Do, PE ��,(E'. Associate—Senior Engineer License Number: 21140 VLOO :,��. 21140 G R. toro, PE, PG nSis u n Vice President — Principal Engineer c: Ms. Cara Schwahn Otto; Otto Associates BRAUN INTERTEC SCANNED Carver County, MN ` k A s• Property Information Parcel ID 258040010 AS400 Acres. Taxpayer Name: CHARLES C S & AMY SONG Homestead: Y Taxpayer Address: 7042 GALPIN BLVD School District 0112 Taxpayer City St. Zip: EXCELSIOR, MN 55331-8025 Watershed District: WS 064 RILEY PURG BLUFF CREEK Property Address: 7042 GALPIN BLVD Tax Exempt: N Property City: CHANHASSEN Platname: SONG ADDITION GIS Acres. 9.37 ostlanner The map saarreatetlusing Carver Co riGeogapins Map Scale N inMmatlonsystems Stas,,rtis a i and data fr«n aus state, a salotionofI sni ointer Tho map Isnot a 1 inch = 232 feet ai surveyed «leg in p and i d Mlegally ns map and Ifim a to Oe ussid=n as �%t/ E rNererxz. Carver County Is iat responside f« any ma«uraaes er my is r s Map Date rnnUir�ea heren. 9/14/2012 S QSTTO SOCIATES Engineers & Land Surveyors, Inc. To: City of Chanhassen Attn: Bob Generous Transmittal CITU IF RECEEIVEDIVED SEN DEC 2) 2012 We are sending to you: ® By Mail CHANHASSEN PLANNING DEPT Date: 12/20/2012 Project: WYNSONG Location: Chanhassen, MN Project No: 2-12-0191 We are sending to you: ® By Mail ❑ By Messenger ❑ Picked up by Client No. of Copies: Sheet No.(s): Dated: Description: / 5 Final Plat — full size (folded) 1 Final Plat — 8.5x11 3 sets Const. Plans —full size, 3 sets Specifications/ 3 Preservation Easement Exhibit 3 Road Easement Exhibit •1� 1 Stormwater efficacy cOcs/ 1 Engineer's Estimate // 1 Lot Tabulation 1 San. Sewer Extension Permit Application ❑ For your use ❑ For your information [:]For your approval ® For your review []Revised and resubmitted ® For your distribution ❑ As you requested ❑ For your processing ❑ Remarks: CC: From: Cara Schwahn Otto, P.E. caraAottoassociates.com SCANNED S47D1_ m w a -2Y L.O..i CS 40,000 _ nso0 L Select HMP (Drop down) BMP Details Upland Vegetation Select BMP Select Ill 43,498 0 0 Square Feet _ N/A N/A 0 0 0 0 0 0 _ Select SMP _ 0 N/A 0 0 0 Select SMP 0 N/A 0 0 D _ Select SMP 0 N/A 0 0 0 Select BMP 0 N/A 0 0 0 _ Select BMP 0 N/A 0 0 0 _ Select BMP 0 N/A 0 0 0 Select BMP 0 N/A 0 0 0 Tota® Volume Percentage o�Meets Requirement? CITY OF CHANHASSEN RECEIVED DEC 2 + 2012 CHANHASSEN PLANNING DEPT SCANNED SURFACE WATER MANAGEMENT SUMMARY CITY OF CHANHASSEN RECEIVED DEC 2 ! ZOt? CHANHASSEN PLANNING DEPT SCANNED Acres Square Feet Total Property Area 9.37 408,205 Wetland Area 3.10 134,849 Wetland Buffer Area 0.94 41,088 Preservation Easement Area (less wetland) 0.98 42,498 Net Area 4.35 189,770 CITY OF CHANHASSEN RECEIVED DEC 2 ! ZOt? CHANHASSEN PLANNING DEPT SCANNED ENGINEER'S ESTIMATE WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Otto Project No. 2-12-0191 December 19. 20112 CITY OF CHANHASSEN RECEIVED DEC 2 1 ?01? CHANHASSEN PLANNING DEPT SCHEDULE A -SANITARY SEWER CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 8" PVC Pipe Sewer SDR 35 with Granular Bedding LF 272 $ 26.00 $ 7,072.00 Standard Sanitary Se MH 0'-12' , 48" Dia. EACH 2 $ 3.500.00 $ 7,000.00 Connect to Existing MH Core Drill EACH 1 1 $ 1,200.00 $ 1,200.00 8" x 6" PVC WYE EACH 4 $ 200.00 $ 800.00 6" PVC Pipc Sewer SDR 26 Service Pipe with Granular Bedding LF 110 $ 18.00 $ 1,980.00 6" Cleanout EACH 1 $ 300.00 $ 300.00 Televising Inspection LF 272 $ 2.00 $ 544.00 Connect New Services to Existing Home Services LS 1 $ 600.00 $ 600.00 Remove Existing 6" Pipe and Cleanouts (Plu End) LF 1 $ 500.00 $ 500.00 TOTAL I $ 19,996.00 SCHEDULE B - WATERMAIN CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 6" C-900 DR -I8 Watermain with Tracer Wire and Granular Bedding LF 550 $ 25.00 $ 13,750.00 Fire Hydmt w/6" Gaze Valve and Box EACH 1 $ 4,000.00 $ 4,000.00 1" Corporation Stop EACH 1 4 $ 135.00 1 $ 540.00 I"Curb Stop and Box(Including Extensions EACH 4 $ 210.00 $ 840.00 I" Type K Copper Pipe LF 105 $ 23.00 $ 2,415.00 Shut Off Existing 2" Water Service at Corp. EACH 1 $ 500.00 $ 500.00 18" x 6" Wet T (Inc]. 6" GV) LS 1 $ 5,000.00 $ 5,000.00 TOTAL I $ 27,045.00 SCANNED ENGINEER"S ESTIMATE WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Opo Ptoject No. 2-12-0191 December 19. 2112 SCHEDULE C -STORM SEWER CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 12" CMP Culvert 30 LF Incl. FES LS 1 $ 650.00 $ 650.00 12" RCP Culvert 77 LF Incl. FES LS 1 $ 2,500.00 $ 2,500.00 12" RCP Culvert 52 LF Incl. FES LS 1 S 2,000.00 $ 2,000.00 Remove Existing CMP Culverts EACH 2 $ 300.00 $ 600.00 4" Perforated PE Dmintile with Geotextile Fabric & Filter Aggiregate I LF 1 216 $ 8.00 $ 1,728.00 TOTAL $ 7,478.00 SCHEDULE D - GRADING AND STREET CONSTRUCTION CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL Clearing and Grubbing LS 1 $ 2,500.00 $ 2,500.00 Gradin LS 1 $ 10,000.00 $ 10,000.00 Subgrade Pre ian I' De th RS 1 6.4 $ 300.00 $ 1,920.00 Agg. Base Cl. 5, In Place 10" Inc. 1' Beyond Edge of Bituminous, I00%Crushed SY 1560 $ 9.00 $ 14,040.00 11/2" MnDOT LVWE35030B SY 1421 $ 8.00 $ 11,368.00 2" MnDOT LVNW35030B SY 1421 $ 12.00 $ 17,052.00 Geotextile Fabric If Needed SY 800 $ 1.00 $ 800.00 Tack Coat GAL 85 $ 5.00 $ 425.00 Utility Conduit Croming EACH 1 $ 300.00 $ 300.00 Remove and Dispow of Existing Bituminous SY 1 775 $ 3.50 $ 2,712.50 Bituminous Trail/Dnvewa SY 30 $ 35.00 $ 1,050.00 F&I No Awking Fire Lane Signs EACH 5 $ 150.00 $ 750.00 F&I Stop Sign EACH 1 $ 300.00 $ 300.00 F&1 Street Sign EACH 1 $ 300.00 $ 300.00 F&I Development Sign EACH 1 $ 500.00 $ 500.00 TOTAL $ 64,017.50 SCANNED ENGINEER'S ESTIMATE WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Otto Project No. 2-12-0191 December 19, 2012 SCHEDULE E - EROSION AND SEDIMENT CONTROL CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL Rock Construction Entrance Install and Maintain EACH 1 $ 1,200.00 $ 1,200.00 Restoration Seed, Fertilizer & Mulch, MnDOT 270 GR ACRE 0.5 $ 2,750.00 $ 1,375.00 Wetland Buffer Restoration MnDOT 310 SF 1700 $ 0.40 $ 680.00 Silt Fence(Including Maintenance LF 560 $ 2.00 $ 1,120.00 Tree Protection Fence with Metal T -Posts LF 665 $ 1.50 $ 997.50 Erosion Control Blanket SY 1000 $ 1.00 $ 1,000.00 Retaining Wall Modular Block SF 73 $ 16.00 $ 1,168.00 CL. III RipRap with Filter CY 16 $ 75.00 $ 11200.00 Flared End Sediment Trap Install and Maintain EACH 2 $ 200.00 $ 400.00 TOTAL $ 9,140.50 CONTRACT ITEMS SCHEDULE A - SANITARY SEWER $ 19,996.00 SCHEDULE B - WATERMAIN $ 27,045.00 SCHEDULE C - STORM SEWER $ 7,478.00 SCHEDULE D - GRADING AND STREET CONSTRUCTION $ 64,017.50 SCHEDULE E - EROSION & SEDIMENT CONTROL $ 9,140.50 SUBTOTAL $ 127,677.00 ENGINEERING, SURVEYING, AND INSPECTION (15%) $ 19,151.55 TOTAL $ 146,828.55 SCANNED WYNSONG Lot Summaries Job No. 2-12-0191 12/17/12 TTO SOCIATES CITY OF CHANHASSEN RECEIVED DEC 2 1 ?012 CHANHASSEN PLANNING DU' www.offoassociates.com Engineers & Land Surveyors, Inc. 9 West Division Street Buffalo, MN 55393 (763)682-4727 Fax (763)682-3522 USV Name: XPMUser Project: 12-0191 Kroiss Development Create Lot Report Date: 12-17-12 Time: 08:07:27 Page: 1 Create Lot Report -------------------- ----------________ Name Description Square Feet Acres Lot 1 Description 72986.42 1.68 Lot 3 Description 90175.53 2.07 Lot 3 Description 56387.88 1.29 Lot 4 Description 114614.10 2.63 Outlot A Description 74041.53 1.70 SCANNED Z 2 co C�, v 2C=) � W O i Z> _ z riU N a O cr w €U U 2 2 U tI i� ti Fa tf F _ 3 t If �tFt Iui �h 1 ® 4It a d I �ii,) 7• Wo aTr--j 9a t 1sp pp 4 •}1{vi 4 �=L i6ip $ t e ; ! 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Y !�Q 9p ylge �- a y! a Ao H $'RS ay$y ai/ 7aa 7i 3P- a!ql 3a a7trg fy�f . +• a}y 5. a Qii $ g6i' ,►:i"$i jb71 Ie€!g@$ Y'q5 rtp $B��pR$ $t��?6 9a �IEEECBe p8 �i$J i kc ! !.e W O � 41\�� § � I \� � - \ � 41\�� § � I \� - \ j� � ) �� j§) �2 §§ fill! §�� | !- �/ � fit |...... l R! . ,, � 41\�� § § \� - \ j� � ) �� j§) �2 !- \ / l ,, � \ 1 In p"/l,^SAI / Lr,l,L nn, hl:vly / \\ I found ironLX —•� ge of woods cap 1/23021 \ �_58943'WE 1189.60 meas. / 1190.00 plat 8 D 177 � deilneotsd wetland t OHK=993. HARRISON LAKE OHWL = 9936 According to the MN DNR OVTLOT A 1.70 Acres emenl ag fL Otoll 240 • °Ao6ry WOODS e°y \ Exist. 1 1 Home p �o�c°A I �I 1.65 Acres\ s11019t O way is ✓ / 11 (1.56 Acme less w�t/and) Iov,1400 ` bit. drive i \ �-----234 I •:\I o i I I I I m 2 \� /2.05 Acres (1.61 Acres /on wetland) 14 \\ \ V � ea6 r7,r- IA//1/-1 r,� AT L- YV VVL/„ //� n 1-7 /icicii Tlv AV V/CINI TY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA Lake Lucy Rd yo T PROJECT N LOCATION acres Dr- D L°n � o• V NOT TO SCALE ia •i• �C �0 \Q Hrnf�« Vo Dr. Arboretum Blvd s edge of dellneoted wetland -..-.-•••y set iron -• %� cap 00062 / DESIGNED DRAWN C.S.O. M CHECKED C.S0.Cara / 3S W41 \-- edge of woods--...�4' 2.45 Acres (1.81 Acres less we 35 /rye 3 N. --_1%. J 1.12 Acres , °c \ qrj I 50 I 50 I found Iron — cap /77006 \ 1 \ \ I ..—edge ..—edge of delineated 1 It �\ °Ino9e I �\ /ndof , / (1.10 Acrof lees wet/ d) eo 60 --- edge of woods WOODS / J��w� / /A° co / dr /l OL A'70 1 —393 oL a �� L N89 W'14'W 1110.15 •'� of delineated wetland-...-...�•' Tl Ir- IA/nnn^ r7C_ YYVVCJ.: DRAINAGE AND U77LITY EASEMENTS ARE SHOWN THUS: I I —5 II o I ( o II BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES AND BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. nT I /-)A1/lA/1F)r-^ /1/ L.IJ/V\7/nv I-.: — DENOTES BUILDING SETBACK FRONT — 30' REAR — 30' SIDE — 10' FROM COUNTY ROAD — 50' FROM WETLAND BUFFER — 30' FROM OH WL — 150' EXIS77MG ZONING — PUDR GROSS PROJECT AREA= 9.37 ACRES (7.8f TO OHWL) GROSS DENSITY PROPOSED = 0.43 UNITS PER ACRE TOTAL NET AREA (LESS STREET EASEMENT & WETLAND) = 5.89 ACRES ' NET DENSITY PROPOSED — 0.68 UNITS PER ACRE STI I o,lrI WOODS � f' set Iron _ �• - cap /40061 1 nn l/TI/'1AI / n lVI v 5o PROPERTY DESCRIPTION: Lot 1, Block 1, SONG ADDIT70N, Carver County, Minnesota. PROPERTY ADDRESS: 7042 Golpin Boulevard, Excelsior, MN 55331 PROPERTY IDENT7FICA77ON NUMBER: 25.8040010 NOTES: 1. REFER TO ALTA/ASCM LAND 77TLE SURVEY FOR BOUNDARY AND EX/S77NG EASEMENT INFORMATION. 2. ALL EXIS77NG EASEMENTS SHALL BE VACATED AND NEW EASEMENTS RECORDED NTH THE PLAT77NG OF THIS PROPERTY. 3. A 30' WIDE PRIVATE STREET EASEMENT SHALL BE PROVIDED. 4. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES, INC. SCANNED CITY OF CHANHASSEN RECEIVED SEP 13 2012 CHANHASSEN PLANNING DEPT ;0 0 50 100 1! Scale: 1' - 50' DEVELOPER: GALPIN BLVD PARTNERS, LLC ATTN: STEVE KROISS P.O. BOX 218 CHANHASSEN, MN 55317 REV. NO. DATE BY DESCRIPTION DESIGNED DRAWN C.S.O. M CHECKED C.S0.Cara I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. M. Schwohn Otto LICENSE 40433 DATE: www.ottoassociates.com 9WestDivisionStreet Buffalo, MN 55313 TT (763X82-4727 SSOCiATES Fax: (763)682-3522 Engineers & Land Surveyors, Inc. WYNSONG.L.H. GALPIN BLVD PARTNERS, LLC CHANHASSEN MN PRELIMINARY PLAT PROJECT NO: 2-12-0191 c SHEET N 0 . 1 0 r 5 SHEETS DATE: 9/10/12 \ / / i I found Iron -- l /1 \ / / cap /23021 \ / fene i' \ Norcth °f line / found Iron - fence on line 4/ � �- fence on lime cap 117006 delineated wetland �� 0 � 1 a \ �\ bouldwoll j o `V \ ��r� -Electric box CONNECT TO EX. 1 oa� ret 4 oc°p6 �� bouldwoll 2' PLAS7IC WATER a ret. SERVICE ti Exist. CONNECT TO DL � J OHK = 993.6 According to the AN DNR OUTLOT A e el oset^ u ut"1ty Home �v� SAN. SERVICE W/ 16 P O ANOI/T \'1 ° ' w rn�p19.3t s. 120F d s tlaor0 bit. drivewoY 1 4 15w00g'4 \ $ II \ HYD 1. f Gv & B j r H 2 I L - - ! RIM -998.7 I _ INV -989.7 fence EX7END 14 LF S INV -992.97 N.In v' I Ii I / edge of dellneotsd wetland - - - -� set Iron "" cop 140062 DESIGNED DRAWN C. S. 0. M. L. H. CHECKED C.SO. K / oee� �( g /, "\, dtotoo9a xb-•...-.--...-..._edge of dellnsated wet/and-...-...��i 110, - fence / 4" Topsoil, Seed & Mulch 20' ae / m L r + rugy7 °E F OIr Nqq )74,r C& 6" ` �opPioa. wOter on�'ce �p ^pvc / pw 0a 1 RI \ M-995.2 \ iNV-984.0 S/ape M 715: 1 ax. 1 1/2"-MNDOT 2360 SPFFWEA2AA2240B Tack Coat - 2357 2"-MNDOT 2360 SPNWB2308 10" -Class 5 Aggregate Base, 100% Crushed (*See Note 3) NOTES 1. 4.0" Topsoil placed in disturbed areas. 2. The bituminous wearing surface shall be placed the next construction season following placement of the bituminous base. 3. A test roll of the prepared subgrade shall be performed by the owner in the presence of a city Inspector. The city has the authority to require additional subgrade correction based on the test roll. 4. Draintile shall be placed 50' each direction from low points (on north side of rood only). TYPICAL PRIVATE STREET SECTION WAS PREPARED BY ME OR UNDER MY DIRECT Sl AND THAT I AM A DULY LICENSED PROFESSIONAL UNDER THE LAWS OF THE STATE OF MINNESOTA. Caro M. Schwahn Otto LICENSE i# 40433 DATE: 3 Rim -974.72 4 \ \ 1 \ PLUG EVS16' SAN. SV?WCE -MH-SAN. Rim=972.60 1 ax. ,,...-edge of0 16 soh 5 /J� N_ v / o5amant / ss✓, tltity� e dr°nog sa \\ 'PCq soli• s@ wote�!d�.` ' T00\, p_ - o�� ls�l C� �oA / CONNECT H (CORE DRILL)�9�� 7e \ \ J INV -979.14 (VERIFY) \�I CONSTRUCT 7RAJL CONNECT/QV . www.ottoassociates.com TTo 9 West Division Street Buffalo, MN 55313 o (763)68211727 SSOCIATES Fax (763)682-3522 & Land Surveyors, Inc. I 3 Rim -974.72 4 \ \ 1 \ PLUG EVS16' SAN. SV?WCE -MH-SAN. Rim=972.60 1 ax. ,,...-edge of0 16 soh 5 /J� N_ v / o5amant / ss✓, tltity� e dr°nog sa \\ 'PCq soli• s@ wote�!d�.` ' T00\, p_ - o�� ls�l C� �oA / CONNECT H (CORE DRILL)�9�� 7e \ \ J INV -979.14 (VERIFY) \�I CONSTRUCT 7RAJL CONNECT/QV . iSAN. RI m=1010.55 Inv=99797 Qf 7 1, sat iron cop ./40062 I / l l I /I PRIOR TO ANY EXCAVATION THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES. CALL 48 HOURS BEFORE DIGGING: GOPHER STATE ONE CALL: TWIN CITY AREA 651-454-0002 MN TOLL FREE 1-800-252-1166 GOVERNING SPECIFICATIONS: 1. THE 2005 EDITION OF MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES SPECIFICATIONS. 3. CITY OF CHANHASSEN STANDARD SPECIFICATIONS & DETAIL PLATES. NOTES: 1. WATERMAIN SHALL BE C-900 DR18 WITH DUCTILE IRON FITTINGS. FITTINGS SHALL BE POLYWRAPPED. MEGALUGS SHALL BE COMPATIBLE WITH PVC PIPE. 12 GAUGE TRACER SHALL BE TERMINATED AT ALL HYDRANT BREAK OFF FLANGES. 2. ALL 8" SANITARY SEWER SHALL BE SDR 35. 3. SANITARY SERVICES SHALL BE 6" PVC SDR 26 & SHALL BE LOCATED 3 FEET DOWNSTREAM OF WATER SERVICES. 4. WATER SERVICES SHALL BE 1" COPPER WITH 1" CORP. 5. ALL HYDRANT LEADS SHALL BE 6" DIP CLASS 52. 6. CONTRACTOR SHALL INSTALL HYDRANT EXTENSIONS AS NECESSARY WHERE WM HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER UTILITIES. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT COST. 7. WORK WITHIN COUNTY R.O.W. SHALL BE ACCORDANCE WITH COUNTY UTILITY PERMIT REQUIREMENTS. 8. ALL UTILITIES CROSSING WATERMAIN SHALL HAVE A MINIMUM OF 18" VERTICAL SEPARATION BETWEEN PIPES. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN SHUT OFF EXIST. 2" SERVICE AT CORP. CONNECT TO EX W W/18'x6" NET TAP & 6' Gv PRELIMINARY UTILITY & STREET PLAN SHEET NO. 2 OF 5 SHEETS 2-12-0191 9/10/12 �I � o o 4 I I k I C urb sto Q I O - BENCHMARK: top of T -box Elev. = 994.09 I ) (N. G. V.D. 1929) iSAN. RI m=1010.55 Inv=99797 Qf 7 1, sat iron cop ./40062 I / l l I /I PRIOR TO ANY EXCAVATION THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES. CALL 48 HOURS BEFORE DIGGING: GOPHER STATE ONE CALL: TWIN CITY AREA 651-454-0002 MN TOLL FREE 1-800-252-1166 GOVERNING SPECIFICATIONS: 1. THE 2005 EDITION OF MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES SPECIFICATIONS. 3. CITY OF CHANHASSEN STANDARD SPECIFICATIONS & DETAIL PLATES. NOTES: 1. WATERMAIN SHALL BE C-900 DR18 WITH DUCTILE IRON FITTINGS. FITTINGS SHALL BE POLYWRAPPED. MEGALUGS SHALL BE COMPATIBLE WITH PVC PIPE. 12 GAUGE TRACER SHALL BE TERMINATED AT ALL HYDRANT BREAK OFF FLANGES. 2. ALL 8" SANITARY SEWER SHALL BE SDR 35. 3. SANITARY SERVICES SHALL BE 6" PVC SDR 26 & SHALL BE LOCATED 3 FEET DOWNSTREAM OF WATER SERVICES. 4. WATER SERVICES SHALL BE 1" COPPER WITH 1" CORP. 5. ALL HYDRANT LEADS SHALL BE 6" DIP CLASS 52. 6. CONTRACTOR SHALL INSTALL HYDRANT EXTENSIONS AS NECESSARY WHERE WM HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER UTILITIES. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT COST. 7. WORK WITHIN COUNTY R.O.W. SHALL BE ACCORDANCE WITH COUNTY UTILITY PERMIT REQUIREMENTS. 8. ALL UTILITIES CROSSING WATERMAIN SHALL HAVE A MINIMUM OF 18" VERTICAL SEPARATION BETWEEN PIPES. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN SHUT OFF EXIST. 2" SERVICE AT CORP. CONNECT TO EX W W/18'x6" NET TAP & 6' Gv PRELIMINARY UTILITY & STREET PLAN SHEET NO. 2 OF 5 SHEETS 2-12-0191 9/10/12 / M11 77 x 1010.94 I set Iron_...i - so erttend–••- cop 2 / . / fence / / I f DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REF WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.SD. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C.SO. Cara M. Schwahn Otto LICENSE # 40433 DATE: 1 .. ".. MIN LL -998.8 DENOTES MINIMUM LOWEST LEVEL. ELEVATION DENOTES POTENTIAL HOUSE LOCATION TTo 9 West Division Street Buffalo, MN 55313 (763)682-4727 ggOCtp g Fax(763)682-3522 8 Land Surveyors, Inc. l 5' MIN. LENGTH POST AT 4' MAX. SPACING GEOTEXTILE FABRIC rrFABRIC ANCHORAGE TRENCH. DIRECTION NATURAL SOIL TAMPED RUNG FFLOW k Na,@ MIN Z SILT FENCE DETAIL --SF—SF--SF —DENOTES SILT FENCE — 7PF 7PF— DENOTES TREE PROTECTION FENCE WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN so 976.91 PRELIMINARY GRADING PLAN SHEET NO. 3 OF 5 SHEETS ECT NO: 2-12-0191 9/10/12 x'9'9 - BENCHMARK: top of T -box l l S Elev.= 994.09 J / (N. G. V.D. 1929) O V / Y19, �7.5 99 3 PRELIMINARY GRADING PLAN SHEET NO. 3 OF 5 SHEETS ECT NO: 2-12-0191 9/10/12 I found Iron7�/ -edge of woods _ cop ,/'23021 \ � I 0 I ~ i � I \ \ 1 $ c f 10 OHWL = 993.6 According to the MN DNR I i OUTLOT A ' °' I I Exist. Home O fl i 9 "1 0 J QQar R. driveway IGW009�0 ^` 980 16 85 0 (D 86 94 . 87 9 2 J1 '1 "Ineated wetland 3 r'` 134 19 \ f } WOODS 10 \ 1 f6 12 1370 I . � 31 1 � 0138 Sk 12 13 1390 - edge of 82 \.Q\ 1400 / 7 73 - edge of delineated wetland i` set iron -...�� \ /4-•"-. -. -'..-edge of ddlneated wetfond--..-...�•' cap ,{40062 Tree Tag # Tree Species Tree DBH Tree Condition Remove Comments A American elm 12 2 2 1 Willow JO, 24 3 1 2-sternmed. one on around split 2 Boxelder 13 7 3 16 2 -stemmed 3 Cottonwood 42 2 1 26' tall 4 Cottonwood 17 2 2 1 5 Cottonwood 16 2 1 Block cherr 6 Cottonwood 24 2 2 20 tall 7 Willow 17 2 2 20' tall 8 Cottonwood 24 2 1 16 tall 9 Willow 16 3 1 Tip dieback and lar a deadwood 10 Wrllow 24 3 3 r dieback and large deadwood 11 Cottonwood 42 3 2 Tt'p dieback and large deadwood 15 Sucar maple 12 1 2 18' tall 16 White oak 24 2 2 18 tall 2 Red oak 39 3 1 77 dieback and large deadwood 23 Basswood 14 2 1 24 Red oak 1 2 1 98 reen ash 1 28 1 99 lack cherr 1 32 1 ji Block cherry 1 2 1 34 Red oak 19 13 1 102 Black cherry 16 31 1 ossi le root rot structural concerns 103 Red oak 14 2 1 104 Black cherry 12 2 3 Structurally unstable 105 Su or maple 1 2 1 4 u ar mo le 14 1 1 43 u ar mVle 1 1 2 108 elder 1Leaning 28 1 tree, some dieback 45 u ar ma e14 1 3 Storm damage, structurally unstable 110 Uar ma e 32 2 47 Red oak 24 1 112 Red oak 34 23 1 Has old large wound 50 Fed oak 21 1 114 ed oak 21 1 115 ed oak 27 2 116 e o0 15 2 54 Red oak 16 2 ITS uar ma a 22 2 Evidence o s ruc ura ro 119 u or ma a 17 2 as os severo major limbs 120 Med oak 21 2 58 ur oak 21 1 39— Red oak 20 1 123 Black cherry 24 1 124 Med oak 12 1 Evidence of s ruc ura ro 125 White oak 1 2 127 ur oak 25 1 2 64 White oak 3 1 1 6Y— White oak 17 2 2 66 White oak 26 1 2 67 White oak 24 3 X Evidence of structural rot 68 White oak 22 1 X Structurally unstable 69 White oak 22 1 X 70 Bur oak 28 1 1 71 White oak 22 3 2 Storm damn a lots of deadwood 72 White oak 28 2 1 73 Bur oak 14 2 1 74 Red oak 31 2 1 75 Bur oak 28 1 3 Eut ella canker at 6' from ground 76 American elm 12 2 1 77 White oak 28 3 X Tip dieback tree in decline 78 White oak 38 1 1 79 White oak 16 2 1 BO 1 White oak 17 2 67 / s9 10 6 540'` 53 6O } J55 52 X015 ^ 3 / 59S lti, % edge of Woods - WOODS n57 A 049 066 650 63 0 64 Tree Tag Tree Species Tree DBH Tree DBH Tree Condition Remove Comments 81 Bur Oak 18 2 82 Bur oak 27 1 Red oak 8j White oak 148 29 16 1 84 Red cedar 12 1 26' tall 85 White oak 151 27 2 1 86 White oak 12 27 1 Block cherr 87 Colorado blue spruce 1 4 7 2 20 tall 88 Colorado bluespruce 5 2 20' tall 89 Colorado blue spruce 157 3 1 16 tall 90 Colorado blue spruce 1 5 1 18' tall 91 Colorado blue spruce 60 3 3 t2 tall 92 Colorado blue spruce 5 2 18 tall 93 Colorado blue spruce 5 2 18' tall 94 Colorado bluespruce 5 2 18 tall 95 Green ash 12 1 96 White oak 40 1 97 Bur oak 15 1 98 Bur oak 28 1 99 White oak 32 1 100 Bur oak 32 1 101 Bur oak 13 1 102 White oak 31 1 103 White oak 36 1 104 White oak 31 3 Structurally unstable 105 White oak 35 1 106 White oak 39 1 107 Bur oak 29 2 108 White oak 28 1 109 Red oak 42 3 Storm damage, structurally unstable 110 White oak 32 2 111 White oak 24 1 112 Bur oak 23 1 113 Bur oak 21 1 114 Bur oak 21 1 115 Bur oak 27 2 116 Black charry 15 2 117 Bur oak 16 2 ITS Bur oak 22 2 119 Bur oak 17 2 120 Bur oak 21 2 -121 Bur oak 21 1 122 Bur oak 20 1 123 Bur oak 24 1 124 Red mo le 12 1 125 Green ash 14 2 127 Bur oak 24 2 128 Bur oak 23 1 129 Boxelder 14 2 130 Green ash 13 2 131 Sugar maple 12 1 132 Bur oak 25 3 Structurally unstable 133 1 White oak 38 1 1 134 White oak 30 1 135 Aspen 13 2 136 White oak 30 1 137 Bur oak 31 1 138 White oak 33 1 139 Sugar maple 12 3 Eut ella canker at 6' from ground 140 White oak 6 1 141 Red ook 2 _T___Tt_r_uctura11y unstable storm damage- amn e142 142 1 Sugar maple 15 1 143 I Sugar ma /e 14 1 DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIC WAS PREPARED BY ME OR UNDER MY DIRECT Sl C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C..SO. I r.nrn M Srhwnhn Off^ OR REPORT www.ottoassociates.com RVISION JGINEER 9 West Division Street TTo Buffalo, MN 55313 (763)682-4727 QSSOCIATES Fax: (763)682-3522 Engineers & Land Surveyors, Inc. Ed 110 , 50 , found iron - cap /17006 1. 3;) , of delineated wet/ond,..4 O Ii /• � /I I ( Il i 4 o = 'CLEARED AN SEWER CONNEC77ON \ �` (� 50 of Z rrd Scale: I - = FI4R�ll.Yd 51 42 \ Q f77 DENOTES TREE TO BE REMOVED 4J 41 � 32 33 �l n WOODS \� Q _W—_W—SF DENOTES TREE TO BE REMOVED 23 BENCHMARK: 22 \ , top of T -box TPF TPF IPF DENOTES TREE TO BE REMOVED Elev. = 994.09 j (N. G. V.D. 1929) set iron cap 00062 I I 50 Tree Tag Tree Species Tree DBH Tree Condition Remove Comments 144 Red oak Red oak e o0 147 Red oak 12 2 148 Red oak 16 1 u ar maple 150 Red oak 17 1 151 Red oak 17 1 152 Sugar maple 12 1 153 Block cherr 17 3 Structural/ unstable 1 4 Red oak 1 155 Sugar mo e 2 u or maple 1 T- 157 Sugar maple 1 158 Red oak 1 159 Sugar maple 1 32 2 60 2.5ugar maple 1 16 1 2 Tree inventory prepared by. Heritage Shade Tree Consultants Manuel Jordan, ISA Certified Arborist #MN 0206 A P.O. Box 26607 St. Louis Park, MN 55426 763-717-9366 Tree DBH is the tree's diameter measured at 4.5 feet from the ground. Tree Conditions are defined as: 1 - Good Condition. A healthy and structurally sound tree. 2 - Fair Condition. A tree lacking in health and/or structurally deficient, but correctable. 3 - Poor Condition. A tree with significant health or structural defects, and difficult to correct the problems. 4 - Dead or Dying. No chance to correct health or structural concerns. Note: Some tree numbers are not sequential due to them being originally tagged and later found to not be on the propoerty. PROJECT AREA LESS WETLANDS = 6.46 ACRES EXISTING BASE LINE CANOPY COVERAGE = 3.76 ACRES (58.2%) MINIMUM CANOPY COVERAGE REQUIRED = 2.26 ACRES (359) EXISTING CANOPY COVERAGE PRESERVED = 3.60 ACRES (55.79) WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN PRELIMINARY TREE PRESERVATION PLAN - PRIMARY CONSTRUCTION SHEET NO. 4 OF 5 SHEETS 2-12-0191 9!10/12 Tree Tag # Tree Species Tree DBH Tree Condition Remove Comments 81 Bur oak 18 2 1 Willow J0. 24 1 27 2-stemmed,n rsplit 2 Boxelder 13 7 3 16 2 -stemmed 3 Cottonwood 42 2 Red cedar Red oak 4 Cottonwood 17 2 85 White oak 5 Cottonwood 16 2 153 86 6 Cottonwood 24 2 X 7 Willow 17 2 2 X 20 tall Cottonwood 24 2 5 2 9 Willow 16 3 spruce rip dieback and large deadwood 101llow X 4 90 Colorado blue dieback and !ar a deadwood 11 Cottonwood 42 3 91 dieback and !are deadwood 15 Sugar ma le 12 1 X 92 Colorado blue White oak 24 2 X 18 tall 93 ed oak 39 3 2 rip dieback and large deadwood 18' toll Basswood 14 2 5 1 2 24 ed oak 12 2 12 1 teen as 1 96 White oak 40 lack c err 1 _ 97 Bur oak lack chert17 1 2 98 34 Red oak 28 1 99 lack chert 32 1 Possible root rot, structural concerns 36 Red oak 14 32 1 0 Block cherry 101 Bur oak 13 41 u or mo le 1 2 White oak 4 u ar mo le 74 J 103 White oak 4 Sucar mo le 72 1 104 White oak axe er 17 3 Leaninq tree, some ie ack 45 Su or mo e 1 1 46 Sucar e White oak 39 1 4 ed oak 107 Bur oak 29 49— Red ook 108 White ook Has old large wound 28 e o0 109 Red oak -Te-F 3 Storm damage, structurally unstable 110 White oak -77e7 o0 32 2 111 -Re7 o0 24 1 54 Red ook Bur oak 23 1 u ar maple 113 3 X Evidence of structural rot 1 114 Bur oak Has lost several ma r im s 21 Ieed o0 115 Bur oak ur oak 2 116 Black cherry e oa 15 2 117 Black cherry 16 --T---T-v"Tdence 61 Red oaT -23 3 22 of structural rot 62 Mite ook 2 1 17 2 ur —ook---25 1 X 64 ite ook ---J-T-- 121 Bur oak ite oa ----17-- 122 66 White oak 26 1 X 67 White oak 24 3 X Evidence of structural rot 68 White oak 22 1 X 1 69 White oak 22 1 X 14 70 Bur oak 28 1 X 71 White oak 22 3 1 Storm damn a lots of deadwood 72 White oak 28 2 129 73 Bur oak 14 2 74 Red oak 31 2 2 75 Bur oak 28 1 12 1 76 American elm 12 2 25 77 White oak2B Structurally unstable 3 X Ti dieback tree in decline 78 White ook 3B 1 X White oak 79 White oak 16 2 135 80 1 White oak 171 2 v v v YVy Y YYY/• Tree Tag { Tree Species Tree DBH Tree Condition Remove Comments 81 Bur oak 18 2 746— 82 Bur oak 2 27 1 12 2 14 White ook 16 29 2 sugar ma e 84 Red cedar Red oak 12 1 151 26' tall 85 White oak 152 27 2 X 153 86 White oak 3 Structurally unstable 27 1 X 87 Colorado blue spruce 7 2 X 20 tall 88 Colorado blue spruce 5 2 X 20 tall 89 Colorado blue spruce 3 X 16 tall 90 Colorado blue spruce 5 1 X 18' tall 91 Colorado blue spruce 3 3 X 12 tall 92 Colorado blue spruce 5 2 X 18 tall 93 Colorado blue spruce 5 2 18' toll 94 Colorado blue spruce 5 1 2 18 tall 95 Green ash 12 1 96 White oak 40 1 _ 97 Bur oak 15 1 X 98 Bur ook 28 1 99 White oak 32 1 100 Bur oak 32 1 101 Bur oak 13 1 102 White oak 31 1 103 White oak 36 1 104 White oak 31 3 Structurally unstable 105 White oak 35 1 106 White oak 39 1 107 Bur oak 29 2 108 White ook 28 1 109 Red oak 42 3 Storm damage, structurally unstable 110 White oak 32 2 111 White oak 24 1 112 Bur oak 23 1 113 Bur oak 21 1 114 Bur oak 21 1 115 Bur oak 27 2 116 Black cherry 15 2 117 Bur oak 16 2 118 Bur oak 22 2 119 Bur oak 17 2 120 Bur oak 21 2 121 Bur oak 21 1 122 Bur ook 20 1 123—Bur oak 24 1 124 1 Red maple 12 1 125 Green ash 14 2 127 Bur oak 24 2 129— Bur oak 23 1 129 Boxelder 14 2 130 Green ash 13 2 131 Sugar mo le 12 1 132 Bur oak 25 3 Structurally unstable 133 White oak 38 1 X 134 White oak 30 1 X 135 Aspen 13 2 136 White oak 30 1 137 Bur oak 31 1 X 136 White oak ij 1 X 139 Sugar maple 12 3 X Eut ella conker at 6' from ground 140 White oak 6 1 X 141 ed oak 27 3 X Structurally unstable storm damage 142 1 Sugar maple 15 1 X 143 I Sugar maple 14 1 X DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C.S.O. 1 Cara M. Schwohn Otto www.offoassocfates.com -\ SSOCIATES 8 Land Surveyors, Inc. 9 West Division Street Buffalo, MN 55313 (763)682-4727 Fax (763)682-3522 - BENCHMARK - top of T -box E/ev. = 994.09 1929) Tree Tag # Tree Species Tree DBH Tree Condition Remove Comments 144 Red oak Red ook 746— Red ook 2 147 Red oak 12 2 14 Red oak 16 1 sugar ma e 150 Red oak 17 1 151 Red oak 17 1 152 Sugar maple 12 1 153 Black cherry 17 3 Structurally unstable oak 1 u ar map!e 20 156 Sugar mg2le 15 1 Sugar maple 1 1 lod Red oak 15 1 159 Sucar maple 160 u or mo a 16 Tree inventory prepared by. Heritage Shade Tree Consultants Manuel Jordan, ISA Certified Arborist #A4N 0206 A P.O. Box 26607 St. Louis Pork, MN 55426 763-717-9366 Tree DBH is the tree's diameter measured at 4.5 feet from the ground. Tree Conditions are defined as: 1 - Good Condition. A healthy and structurally sound tree. 2 - Fair Condition. A tree lacking in health and/or structurally deficient, but correctable. 50 0 50 100 151 Scale: 1" - 50' �k77 DENOTES TREE TO BE REMOVED 3 - Poor Condition. A tree with significant health or structural defects, and difficult to correct the problems. 4 - Dead or Dying. No chance to correct health or structural concerns. No tes: 1. Some tree numbers are not sequential due to them being originally tagged and later found to not be on the propoerty. 2. Building pads shown are approximate. Actual tree removals will be determined during the building permit process. PROJECT AREA LESS WETLANDS = 6.46 ACRES EXISTING BASE LINE CANOPY COVERAGE = 3.76 ACRES (58.2%) MINIMUM CANOPY COVERAGE REQUIRED = 2.26 ACRES (35%) EXISTING CANOPY COVERAGE PRESERVED = 2.68 ACRES (41.5%) "NSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN PRELIMINARY TREE PRESERVATION PLAN - SECONDARY CONSTRUCTION SHEET NO. 5 OF 5 SHEETS 2-12-0191 9110112 ti ALTA /AGSM LAND TITLE SURVEY Michael Everett \ / Luther & Emily Hippe City of Chonhossen \ / 1 1 HARRISON LAKE j OHt1t - 993.6 According to the t I I / / \ if Suresh Krishna James Farrell / Morc Hope / Cit l l r n I'r_ \ I IA t,1 Llr,^/1Ar / L.r-tli t_ f7rn \ISI O v \ I found iron -/ \ / -edge of woods _ ,._fence I' fence or, op �?1 \ v North of line 589 *4J'14 E 1189.60 mens. II9R 00 plot _ "_t 87.100 1 ^-------`\_-------------------------=-----.'---------------- -- 105 39 _. ao5e pnon- er Sutility ONGADDITION PC otion Eo185309 Con sego No, per 1 1 ddoeoted Wsfi d .741 7%7'53 E MH -SAN.- I / Q O r` c5 ,.�� \`yI' Rim=974.12 1 not l wall 6 '_Y \ ,Electric b0X N� �y�\ �l,��l�o'ya9e '1 re �� og06 poulder WOODS E \\ My��,.` I \ LSO ,. ret. Wall \ `•�.' en! /'_'� 29.44 i [ / 1I/ S017J'40'W I �I Exist. \%��'• �T ++ Home 4\ o O 6"P -�, 1Y :987.59- 9. o m�D19 M /91 , a0 • o w h W tloyD � , pit. drivew Y " �' � ib'I L � -edge or woods � I i1o0 d?J Thomas & Susan Yezzi set iron -.. •� j • � T' ,r_ cop %40062 rr7L_ INC) rrvvti nr i.viv znvrli_. cull A^rn .aril 'r rl'V v / nuur r rv `/ ence7 LOT 1 12"Crn '1 97 F S. N.In v. Inv.:987 24 BLOC 1 t II y of Chanhassen % 805�Ce�t 06 I east JAll 1 / aa"a dc;s No 1 n a{ found iron V cap /17006 \ fence on rine / 1\. 1 -MH -SAN. 191.17 10 101 11 W I Rim=97260 drainage k utility 5 , y ' C� woosement per Doc. 33 IN 1� r 1°nO No. T1.33056c / II� W 1 \ ao ' - edge a noted wethnd_. \ ! I drainage do - 1 utility easement /' �O I pp 1 i Q Rim=975.36 sewer easement ` �\ pq� •:` -E per Doc. No. T55603/ p `C Ond 760452 /°it, Alb �0 0 A° ^lI A Il• r A^n ITrn"r `�� 1 1 W •� .: yr vV r"IULJf I IIJI v �. lab' Q T••�\ MH -SAN. /=`��+i�'' Rim=988.14 \ - �� o'`,..i `/• : O Inv =9`8.89 fence-\ d. All O Oak W 516-42-320.!-. 9 � \ ' �. -edge of woods- WOODS �O�y` VP // / S`a S„ �._ \ '\ `� Et` w (,Q' Q / NN 7 ,hti 'A9 / drainage tent g� Sry r,56 g09/'� _ �tflity ea N,.._ _BEN H ARK.' ....=X.,� / T°// \ �, Acc ss 1 top of -box 200.15 / ( Dev. = 994.09 �r _ _ _ _ - ---- ---------27---------�� --� 76 � 1 (N.G.V.D. 1929) ISM. 17 N89'43'14"W 111015 / case9 \ \ -MH-SAN. dfaln m�111AN -..►.� / r Rim=1010.55 WOODS utility G ADD �- "'_^•- of del' led r f / -9 797 5� SCANNED r,MY RECEIVED OF NHASSEN SEP •1 3 ?U12 CHANHASSEN PLANNING DEPT 50 0 50 100 150 TOTAL AREA = 9.37 ACRES AREA TO OHWL = 7.81 ACRES NOTES 1. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY. LEGEND -x--*- denotes fence —SS— A 1 n -E--E- denotes electric line f � 1 Ntp denotes gas line -Tv denotes cable tv line - - - - - denotes drainage 8.' utility easement per the plot of SONG ADDITION v i I t —see— N v i �...•II denotes existing spot elevation - denotes culvert O denotes telephone box 49.174,18"W I N11'1 denotes power pole IZ 84.70 - \\� 4,6 S86'10'28"W c C V = C_ � `I �.....-•Odps Of delineated Welland -..-.-. ' Thomas & Susan Yezzi set iron -.. •� j • � T' ,r_ cop %40062 rr7L_ INC) rrvvti nr i.viv znvrli_. cull A^rn .aril 'r rl'V v / nuur r rv `/ ence7 LOT 1 12"Crn '1 97 F S. N.In v. Inv.:987 24 BLOC 1 t II y of Chanhassen % 805�Ce�t 06 I east JAll 1 / aa"a dc;s No 1 n a{ found iron V cap /17006 \ fence on rine / 1\. 1 -MH -SAN. 191.17 10 101 11 W I Rim=97260 drainage k utility 5 , y ' C� woosement per Doc. 33 IN 1� r 1°nO No. T1.33056c / II� W 1 \ ao ' - edge a noted wethnd_. \ ! I drainage do - 1 utility easement /' �O I pp 1 i Q Rim=975.36 sewer easement ` �\ pq� •:` -E per Doc. No. T55603/ p `C Ond 760452 /°it, Alb �0 0 A° ^lI A Il• r A^n ITrn"r `�� 1 1 W •� .: yr vV r"IULJf I IIJI v �. lab' Q T••�\ MH -SAN. /=`��+i�'' Rim=988.14 \ - �� o'`,..i `/• : O Inv =9`8.89 fence-\ d. All O Oak W 516-42-320.!-. 9 � \ ' �. -edge of woods- WOODS �O�y` VP // / S`a S„ �._ \ '\ `� Et` w (,Q' Q / NN 7 ,hti 'A9 / drainage tent g� Sry r,56 g09/'� _ �tflity ea N,.._ _BEN H ARK.' ....=X.,� / T°// \ �, Acc ss 1 top of -box 200.15 / ( Dev. = 994.09 �r _ _ _ _ - ---- ---------27---------�� --� 76 � 1 (N.G.V.D. 1929) ISM. 17 N89'43'14"W 111015 / case9 \ \ -MH-SAN. dfaln m�111AN -..►.� / r Rim=1010.55 WOODS utility G ADD �- "'_^•- of del' led r f / -9 797 5� SCANNED r,MY RECEIVED OF NHASSEN SEP •1 3 ?U12 CHANHASSEN PLANNING DEPT 50 0 50 100 150 TOTAL AREA = 9.37 ACRES AREA TO OHWL = 7.81 ACRES NOTES 1. WETLANDS DELINEATED BY KJOLHAUG ENVIRONMENTAL SERVICES COMPANY. LEGEND -x--*- denotes fence —SS— denotes sanitary sewer line -E--E- denotes electric line —G— denotes gas line -Tv denotes cable tv line - - - - - denotes drainage 8.' utility easement per the plot of SONG ADDITION v denotes woods —see— denotes existing contour .1021.8 denotes existing spot elevation - denotes culvert O denotes telephone box O denotes power pole HOUSE DETAIL A SCALE: I" - 30' neo Wallond�. � n v - 9 . P°r f 1 / ' � set iron - - / Longacres Homeowners Association incl' l Steven & Jody Buska cop /40062 / I fenceI VICINITY MAP ,rnnr,^ I AT I nAri Ar•�r� ^ -T" l / SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA I r7L_ rr vvu.: r, r L.vI v%�rl..I u_.; ..'r IPattr`iic-k�, Douglas Simmons To Galpin Blvd Partners and Chicago Title Insurance Company. This is to certify that this map or plot and the survey on which it is based were made in accordance with the 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 7(o), 8, 10(o), 11(b), 13, 16, 17, and 18 of Table A thereof. The field work was completed on July 27, 2012. c Date Mo a --�-/ ----------------------- -- --- x --- ----------------------------- Paul E. Otto, Land Surveyor (poulVbttoossociates,com) Minnesota License No. 40062 PROPERTY DESCRIPTION: Lot 1, Block 1, SONG ADDITION, Carver County, Minnesota. PROPERTY ADDRESS: 7042 Galpin Boulevard, Excelsior, MN 55331 PROPERTY IDENTIFICATION NUMBER: 25.8040010 GENERAL NOTES: According to Chicago Title Insurance Company's Title Commitment No. CA 27451 dated July 15, 2012, at 7:00 A.M., this property is subject to the following: A) Terms and Conditions of Development Contract and Planned Unit Development Agreement by and between the City of Chanhassen and Lundgren Bros. Construction, Inc. doted June 27, 1994, filed August 17, 1994 as Document No. T85305. 8) Terms and Conditions of Wetland Alteration Permit •/93-5 by the City of Chanhassen dated June 27, 1994, filed August 17, 1994 as Document No. T85313. C) Wetlands as shown on the recorded plot. D) Rights of the public and the State of Minnesota to that part of premises which lies below the noturol high water mark of Harrison Loke. E) Subject to drainage and utility easements as shown on the recorded plot thereof. F) Easement for gravity, interceptor as granted to Metropolitan Waste Control Commission by instrument dated December 15, 1987, filed January 28, 1988, as Document No. 755603. G) Easement for gravity interceptor as granted to Metropolitan Waste Control Commission by instrument doted January 12, 1989, filed March 23, 1989, as Document No. T60452. H) Easement for conservation purposes together with the terms and conditions thereof as granted to the City of Chanhassen by Conservation Easement doted July 11, 1994, filed August 17, 1994, as Document no. T85309. I) Easement for droinoge and utility purposes granted to City of Chanhassen as created in Grant of Permanent Easement, doted May 30, 2001, filed September 18, 2001, as Document No. T121706. J) Easement for drainage and utility purposes granted to City of Chanhassen as created in Grant of Permanent Easement, doted March 12, 2002, filed January 15, 2003, as Document No. 7133056. SURVEYOR NOTES.' 1) This property is contiguous with adjoining properties. 2) Underground Utilities located per Gopher One Coll System Ticket No. 112242178. 3) According to FEMA Mop No. 270051 0005 8, this property is located in Flood Zone C. 4) There is no visible evidence of use of the site as o waste dump within recent months. ! marRd LeAe Lucy Rd C 9d t5R0XGT B 4' LOCA 77ON E61 N r NOT TO SCALE a a� TT^YWay4d JY3`. A RyMtr : it Tid f t` P1ga, - Og Vih}atd CWvV CxWWcr i W 78th gr - R W 18EdmaRg0tCOO" r�w r� Mtor4rttn !Ad r �qe /e S **oft"Bbd rn O I 04 'o o .- N z I a 04 Ei 8 �^ m C oLU Q� z 0(32J, i J ani C N E c o To a u�ccr a J 'o -n :5 !"D O m ra un d a r V1 U oto«�OIi rd L aTovv nal u m E o O ao°1Oo - _ >, w v c y v c t t a 0 ul 0 0 n0 NN a 0 M Uj v CLY u L U L o 0 U N co m JCC c C 0 ■ aMMIN 0 0L N (D � V 0 L r� Ql Lo O IZ a c C V = C_ � m Z V -1-• O 3 O , U C O v Q C N :3 0 k .. N c Iv E In O 0) C s c 0 0 y N a 'L O i.+ 0 E •a v -0 o C O C - ON U O L In CL En L In N O E E 0 w� O O C C _O C C � � O • 0 •0 177 HARRISON LAKE g OHWL = 993.6 According to the MN DNR OUTLOT A r 1.70 Acres 05 etosot �tp�tY 240 \ I found iron - cap /'23021 nr,hhl��l� / /--edge of woods_ -_i / 1;, \ / S89W'14'E 1189.60 meas. / 1190.00 plat — — — — — — — — — — — — — - — X83 . dellneoted wedand y� �` t foo \ w00A I$ I l I Home 1 oAo a II 1.65 Acres c z1�t9' driveway /t J (1.56 Acres less w�tland) w flQ°k0 bit. I4j00 \`-- \ I I e�kl 2i, 23_ CL j — — — —234 I •,�I — Ln m 2 S \� /2.05 Acres j (1.61 Acres lees wetland) ," fnent \\ / \/ 1tY e T/ Ir- I A //'1 /'1 r') / n L. V / V 17/-1 v R4: v l rT // n A / l / l V / V V/C/NI TY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA AL£ edge of deAns0ted wetland—•—•—•••—.— set iron cap #40062 Jti1 u '\ ooge —393 _/\..dtol .� N89143'140W 1110.15 \ /!.-...-•. ------ "- g* of dellnsoted wet/and-...-...�•' DRAINAGE AND U77LITY EASEMENTS ARE SHOWN THUS: I I "-5 II 5 ---4 o I I � BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AND BEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REF WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C.S.O. Cara M. Schwahn Otto LICENSE # 40433 DATE: / www.ottoassociates.com / 3S 1 A T rl/ -edge of woods`- -= 4 2.45 Acres (1.81 Agee less wl DENOTES BUILDING SE78ACK FRONT -• 30' REAR — 30' SIDE — 10' FROM COUNTY ROAD — 50' FROM WETLAND BUFFER — 30' FROM OHWL — 150' 529 I so found /ion -- cap J17006 \, edge of dellneated \ e e �\ � dtoloo9 I 1.12 Acrs* ,e0, e0fo (1.10 A" e y / leas wedrd) / �, \ �j be edge of Woods- i`�� O WOODS /o 61 o° 478 Z—L -�— •:.� , WOODS f� 7 f i set Iron . cap J40062 SO ! /lA!/�A/,F)r.` I ITI, - rr,,1,1 T/�A� / L.Vlvvn ,h= 0 Irl r""`_ �-11I EXIS77NG ZONING - PUDR GROSS PROJECT AREA= 9.37 ACRES (7.8t TO OHWL) GROSS DENSITY PROPOSED = 0.43 UNITS PER ACRE TOTAL NET AREA (LESS STREET EASEMENT & WETLAND) = 5.89 ACRES NET DENSITY PROPOSED = 0.68 UNITS PER ACRE PROPERTY DESCRIPTION: Lot 1, Block 1, SONG ADDITION, Carver County, Minnesota. PROPERTY ADDRESS: 7042 Galpin Boulevard, Exce/s'or, MN 55331 PROPERTY IDEN 77FICA 77ON NUMBER: 25.8040010 NOTES: 1. REFER TO ALTA/ASCM LAND TITLE SURVEY FOP, BOUNDARY AND EXISTING EASEMENT INFORMATION. 2. ALL EXISTING EASEMENTS SHALL BE VACATED AND NEW EASEMENTS RECORDED WITH THE PLATTING OF THIS PROPERTY. J. A 30' WIDE PRIVATE STREET EASEMENT SHALL BE PROVIDED. 4. WETLANDS DELINEATED BY K✓OLHAUG ENVIRONMENTAL SERVICES, INC. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN CITY OF RECEIVED S5EN SEP 13 2012 CHANHASSEN PLANNING DEPT 0 0 50 100 1: Scale: 1' = 50' DEVELOPER: GALPIN BLVD PARTNERS, LLC ATTN: STEVE KROISS P.O. BOX 218 CHANHASSEN, MN 55317 PRELIMINARY PLAT SHEET NO. 1 OF 5 SHEETS Am ECT NO: 2-12-0191 9/10/12 www.ottoassociates.com TTo 9 West Division Street Buffalo, MN 55313 (763)682-4727 SSOCIATES Fax (763)682-3522 & Land Survevors. Inc. PROPERTY DESCRIPTION: Lot 1, Block 1, SONG ADDITION, Carver County, Minnesota. PROPERTY ADDRESS: 7042 Galpin Boulevard, Exce/s'or, MN 55331 PROPERTY IDEN 77FICA 77ON NUMBER: 25.8040010 NOTES: 1. REFER TO ALTA/ASCM LAND TITLE SURVEY FOP, BOUNDARY AND EXISTING EASEMENT INFORMATION. 2. ALL EXISTING EASEMENTS SHALL BE VACATED AND NEW EASEMENTS RECORDED WITH THE PLATTING OF THIS PROPERTY. J. A 30' WIDE PRIVATE STREET EASEMENT SHALL BE PROVIDED. 4. WETLANDS DELINEATED BY K✓OLHAUG ENVIRONMENTAL SERVICES, INC. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN CITY OF RECEIVED S5EN SEP 13 2012 CHANHASSEN PLANNING DEPT 0 0 50 100 1: Scale: 1' = 50' DEVELOPER: GALPIN BLVD PARTNERS, LLC ATTN: STEVE KROISS P.O. BOX 218 CHANHASSEN, MN 55317 PRELIMINARY PLAT SHEET NO. 1 OF 5 SHEETS Am ECT NO: 2-12-0191 9/10/12 I found iron - .� l 11 \ /23021 / fence 1' cap \ Norfh of line 1� I fence or, line --_.fes 11 �\ \ de 70ated weHand x/ \ bu rte, box Idwall ( Aob`7• fin` -Electric CONNECT TO EX. i \\ ret otos reoll. Ball 2' PUS77C WA7ER� 1 Ad E/ •'ret• SERNCE � CONNECT TO DL Exist. I qty ent 058m Malty ° 8 edge of delineated wetland ----•••� i set iron cap /40062 4" Topsoil, Seed & Mulch 2 ent 8098(^ �;1uty dr°lnoge ,.L-•••- "' -edge of delineated wetland----.-, / fence em to vy` \ Home 1�LEANOUT ��\ 6"p O SAN. SER NCE W" 1 ^ I PROJECT NO: 2-12-0191 .91 •� J 0 l �I v 1 bit. driveway s 1 Q w fl°go40 0 MH I RIM -995.2 g II INV -984.0 - BENCHMARK: HYD W/6 1 top of T -box OHWL-993.6-. I+. i / GV & BOA. MH 2 1 n ' - -� RIM=996.7 OHWL 9936 According to the MN DNR ce INV -989.7 EXTEND 14 LF - j S /NV -99297 OUTLOT A � � I ent 058m Malty ° 8 edge of delineated wetland ----•••� i set iron cap /40062 4" Topsoil, Seed & Mulch 2 ent 8098(^ �;1uty dr°lnoge ,.L-•••- "' -edge of delineated wetland----.-, / fence em to vy` OrvQyr�OFV��"V)kr /7tFk 0 6. 0 SB p� 1 ^ I PROJECT NO: 2-12-0191 •� J 0 0 v 1 ?, urb sto 1 Q 0 MH I RIM -995.2 INV -984.0 =--14---5 Mak 1 1/2"-MNDOT 2360 SPWEA24013 Tack Coat - 2357 2"-MNDOT 2360 SPNW82308 10"-Closs 5 Aggregate Base, 100% Crushed (*See Note 3) NOTES 1. 4.0" Topsoil placed in disturbed areas. 2. The bituminous wearing surface shall be placed the next construction season following placement of the bituminous base. 3. A test roll of the prepared subgrade shall be performed by the owner in the presence of a city inspector. The city has the authority to require additional subgrade correction based on the test roll. 4. Draintile shall be placed 50' each direction from low points (on north side of road only). TYPICAL PRIVATE STREET SECTION Rim=974.12 1 � � 4 \ PLUG EXiS7l6" SAM SD?y10E MH -SAN.- .� U e, Rim=988. 3 Inv=978.8 X80 . , 7 e / CONNECT TO EX �9 oA MH (CORE DR/LL) INV -979.14 OEW/FY) iMH -SAN. Rim=1010.55 Inv=99797 '6Ccp ,o' lir;& Rim=97260 ,,-edge of found Iron - cap 1j17006 OPE ex� iNOPE �. Rim=975.36 \mss• �" i 1 oos�ent / �S dt° no9 s e+ s o� ' sem dao! \ S� eat , \opora rvofe d.,,,. j I•.� !00 1ronJ ceJ °� 7 . / O� cl9\ CONS7RUCT TRAIL set iron cap %40062 PRIOR TO ANY EXCAVATION THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES. CALL 48 HOURS BEFORE DIGGING: GOPHER STATE ONE CALL: TWIN CITY AREA 651-454-0002 MN TOLL FREE 1-800-252-1166 GOVERNING SPECIFICATIONS: 1. THE 2005 EDITION OF MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES SPECIFICATIONS. 3. CITY OF CHANHASSEN STANDARD SPECIFICATIONS & DETAIL PLATES. NOTES: 1. WATERMAIN SHALL BE C-900 DR18 WITH DUCTILE IRON FITTINGS. FITTINGS SHALL BE POLYWRAPPED. MEGALUGS SHALL BE COMPATIBLE WITH PVC PIPE. 12 GAUGE TRACER SHALL BE TERMINATED AT ALL HYDRANT BREAK OFF FLANGES. 2. ALL 8" SANITARY SEWER SHALL BE SDR 35. 3. SANITARY SERVICES SHALL BE 6" PVC SDR 26 & SHALL BE LOCATED 3 FEET DOWNSTREAM OF WATER SERVICES. 4. WATER SERVICES SHALL BE 1" COPPER WITH 1" CORP. 5. ALL HYDRANT LEADS SHALL BE 6" DIP CLASS 52. 6. CONTRACTOR SHALL INSTALL HYDRANT EXTENSIONS AS NECESSARY WHERE WM HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER UTILITIES. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT COST. 7. WORK WITHIN COUNTY R.O.W. SHALL BE ACCORDANCE WITH COUNTY UTILITY PERMIT REQUIREMENTS. 8. ALL UTILITIES CROSSING WATERMAIN SHALL HAVE A MINIMUM OF 18" VERTICAL SEPARATION BETWEEN PIPES. V / SHUT OFF EXIST \ 2' SERNCE AT CORP. CONNECT TO EX WIN 1 W/18`x6" NET TAP 1 d: 6' GV REV. NO.1 DATE BY I DESCRIPTION DESIGNED DRAWN C.S.O. M.L.H. CHECKED C.S.O. 0 1 a 1 ^ I PROJECT NO: 2-12-0191 0 0 v 1 ?, urb sto 1 Q 0 - BENCHMARK: 1 1 top of T -box Elev = 994.09 / 1 (N. G. V D. 1929) V / SHUT OFF EXIST \ 2' SERNCE AT CORP. CONNECT TO EX WIN 1 W/18`x6" NET TAP 1 d: 6' GV REV. NO.1 DATE BY I DESCRIPTION DESIGNED DRAWN C.S.O. M.L.H. CHECKED C.S.O. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.Buffalo, Cara M. Schwahn Otto LICENSE 40433 DATE: www.ottoassociates.com 9 West Division Street MN 55313 TTO (763)682-4727 SSOCIATES Fax: (763)682-3522 Engineers & Land Surveyors, Inc. WYNSONG GALPiN BLVD PARTNERS, LLC CHANHASSEN MN PRELIMINARY UTILITY & STREET PLAN PROJECT NO: 2-12-0191 SHEET N 0 . 2 O F 5 SHEETS DATE: 9/10/12 \\ .\\\\\\ .7011.77 ' 1010.94 V Set Iron ....i j �r"-. _.—wyw or Owineared wgbt md••.. .• cop 00062 / fence / / I DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATIC WAS PREPARED BY ME OR UNDER MY DIRECT SI C5.0. M.L.H. JAND THAT I AM A DULY LICENSED PROFESSIONAL UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C.S.O. 1 Cara M. Schwohn Otto �a] .u. r.� . - r • r.�ar a 1- 1 MIN LL -996.8 DENOTES MINIMUM LOWEST LEVEL ELEVATION DENOTES POTENTIAL HOUSE LOCATION www.Ottoassociates. com TTo 9 west Division Street Buffalo, MN 55313 (763)682-4727 SSOCIATE8 Fax: (763)682-3522 & Land Surveyors, Inc. DIRECTION OF RUNOFF FLOW N� MIN –5' MIN. LENGTH POST AT 4' MAX. SPACING ;EOTEXTILE FABRIC FABRIC ANCHORAGE TRENCH. BACKFILL WITH TAMPED NATURAL SOIL z m SILT FENCE DETAIL —SF—SF—SF—DENOTES SILT FENCE — IAF 7PF— DENOTES TREE PROTECTION FENCE WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN / so 1 976.91 / { jc � O Q/ O� O �1 BENCHMARK. t top of T—box Elev. = 994.09 (N. G. V.D. 1929) PRELIMINARY GRADING PLAN SHEET NO. 3 OF 5 SHEETS 2-12-0191 9/10/12 i Tree Tag rft Tree Species Tree DBH Tree Condition Remove Comments A American ekn 12 2 2 SHEET N 0 . 4 0 F 5 SHEETS 1 Willow JO, 24 3 1 2 -stemmed, n on around & split- 81 oxelder 13 7 3 2 2 -stemmed 3 Cottonwood 42 2 1 26tall 4 Cottonwood 17 2 2 1 5 Cottonwood 16 2 1 Black cherry 6 Cottonwood 24 2 1 2 20' tall 7 Willow 17 2 2 20 tall 8 Cottonwood 24 2 i 16' tall 9 Willow 16 3 1 To dieback and large deadwood 10 willow 24 3 3 dieback and for a deadwood 11 Cottonwood 42 5 2 Tip dieback and large deadwood 1 Su ar ma le 12 1 2 18' toll 16 White oak 24 2 2 18 tall 2 Red oak 39 3 1 Tr dieback and large deadwood 23 Basswood 14 2 1 24 Red oak 12 2 1 98 Green ash 1 28 1 99 lack cherr 1 32 1 100 Lock cherry 17 2 1 101 ed oak 79 2 1 35 Block cherry 16 3 1 Possible root rot, structural concerns 103 Red oak 14 6 36 1 0 Stock cherry 12 2 3 Structurally unstable 1 u ar maple 13 2 1 4--37u—oar maple 14 1 1 43�u or ma e 1 2 108 axe er 1 28 1 Leaningtree, some ie ac 41 u ar ma e 42 3 Storm damage, structurally unstable 110 Sugar ma /e 32 2 47 Red oak 24 1 112 Red oak 23 1 as old large wound 113 —7FeT oak 21 1 114 ed oak 21 1 737— e oak 27 2 33— —Te—doaT- 1 2 54 Red oak i6 2 118 u or maDle 26 22 2 Evidence o s ruc ura ro 119 u ar ma a 17 2 as lost several major limbs 120 Red oak 21 2 121 ur oa 21 1 122 e oa 20 1 60 oc c err 24 1 124 e oa 12 1 Evidence of structural rot 62 Mite oak 22 1 2 127 ur oak —25 1 2 64 White oak ij 1 1 6 White oak 1 14 2 66 White oak 26 1 2 67 White oak 24 3 X vdence of structural rot 68 White oak 22 1 X Structurally unstable 69 White oak 22 1 X 70 Bur oak 28 1 1 71 White oak 22 3 Z Storm damage, lots of deadwood 72 White oak 28 2 1 73 Bur oak 14 2 1 74 Red oak 31 2 1 75 Bur oak 28 1 3 Eut ello conker at 6' from ground 76 American elm 12 2 1 77White oak 28j 27 X Tr dieback tree in decline 78 White oak 38 1 1 79 White oak 16 2 1 80 White oak 1 17 1 2 J Tree Tag / Tree Species Tree DBH Tree OBH Tree Condition Remove Comments 81 Bur oak is 2 SHEET N 0 . 4 0 F 5 SHEETS 82 Bur oak 27 1 Red oak 81 White oak 148 29 2 1 84 Red cedar 12 1 26tall 85 White oak 151 27 2 1 86 White oak 12 27 1 Black cherry 87 Colorado blue spruce 1 4 7 1 2 20' tall 88 Colorado blue spruce 5 2 20 tall 89 Colorado blue spruce 1 3 i 16' tall 90 Colorado blue spruce 16 5 1 18' tall 91 Colorado blue spruce 160 3 3 12 toll 92 Colorado blue spruce 5 2 18 tall 93 Colorado blue spruce 5 2 18' toll 94 Colorado blue spruce 5 2 18 tall 95 Green ash 12 1 96 White oak 40 1 97 Bur oak 15 1 98 Bur oak 28 1 99 White oak 32 1 100 Bur oak 32 1 101 Bur oak 13 1 102 White oak 31 1 103 White oak 36 1 104 White oak 31 3 Structurally unstable 105 White oak 35 1 106 White oak 39 1 107—Bur oak 29 2 108 White oak 28 1 109 Red oak 42 3 Storm damage, structurally unstable 110 White oak 32 2 111 White oak 24 1 112 Bur oak 23 1 113 Bur oak 21 1 114 Bur oak 21 1 11 ur oak 27 2 113—Black cherry 1 2 117—Bur oak i6 2 118 Bur oak 22 2 119 Bur oak 17 2 120 Bur oak 21 2 121 Bur oak 21 1 122 Bur oak 20 1 123 Bur oak 24 1 124 Red maple 12 1 125 Green ash 14 2 127 Bur oak 24 2 128 Bur oak 23 1 129 Boxelder 14 2 130 Green ash 13 2 131 Sugar maple 12 1 132 Bur oak 25 3 Structurally unstable 133 White oak 38 1 134 White oak 30 1 135 Aspen 13 Z 136 White oak 30 1 137 Bur oak 31 1 lia White oak 33 1 139 Sugar maple 12 3 Eut ello conker at 6' from ground 140 White oak 1 141 Red oak 27 3 Structurally unstable storm damn e 142 Sugar maple 15 1 143 Sugar maple 14 1 i0 0 50 100 151 Scale: 1" = 50' �k77 DENOTES TREE TO BE REMOVED / SF—SF—SF DENOTES TREE TO BE REMOVED - BENCHMARK., top of T -box E/ev. = 994.09 (N. G. V.O. 1929) Tree Tog # Tree Species Tree DBH Tree Condition Remove Comments WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN MN ed oak PROJECT NO: 2-12-0191 Red oak SHEET N 0 . 4 0 F 5 SHEETS DATE: 9/10/12 Red oak 147 Red oak 12 2 148 ed oak 16 1 u or ma e 150 1 Red oak 17 1 151 Red oak 17 1 152 Sugar maple 12 1 153 Black cherry 17 3 Structurally unstable 1 4 ed oak 1 1 Sugarmale 1 35037 ma le 1 1 uarmale i 1 8 ed oak 16 1 1 9 Sugar maple 32 2 160 Su ar maple 16 2 Tree inventory prepared by Heritage Shade Tree Consultants Manuel Jordan, ISA Certified Arborist #MN 0206 A P.O. Box 26607 St. Louis Park, MN 55426 763- 717- 9366 Tree DBH is the tree's diameter measured at 4.5 feet from the ground. Tree Conditions are defined as: 1 - Good Condition. A healthy and structurally sound tree. 2 - Fair Condition. A tree lacking in health and/or structurally deficient, but correctable. 7PF TPF TPF DENOTES TREE TO BE REMOVED 3 - Poor Condition. A tree with significant health or structural defects, and difficult to correct the problems. 4 - Dead or Dying. No chance to correct health or structural concerns. Note: Some tree numbers are not sequential due to them being originally tagged and later found to not be on the propoerty. PROJECT AREA LESS WETLANDS = 6.46 ACRES EXISTING BASE LINE CANOPY COVERAGE = 3.76 ACRES (58.2%) MINIMUM CANOPY COVERAGE REQUIRED = 2.26 ACRES (359') EXISTING CANOPY COVERAGE PRESERVED = 3.60 ACRES (55.79) REV. N0. DATE BY DESCRIPTION DESIGNED DRAWN C.S. 0. M.C.H. CHECKED C.S.O. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND UNDERAT I AM A THE LAWS OFLTHEICENSED STATE OFRMINNESOTAL ENGINEERQSOCIATESTTo Cara M. Schwohn Otto LICENSE 40433 DATE: www.ottoa.5sociates.com g West Division Street (763)682-4727 3 Fax. (763)682-3522 Engineers & Land Surveyors, Inc. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN MN PRELIMINARY TREE PRESERVATION PLAN -PRIMARY CONSTRUCTION PROJECT NO: 2-12-0191 SHEET N 0 . 4 0 F 5 SHEETS DATE: 9/10/12 OHYYL=993. OHWL = 9936 According to the MN DNR OUTLOT A 01 edge of delineated wetland i set iron cop /40062 Tree Tog ,1 found Iron - cap X23021 \ / I - VO'YYYy/, ,,'v V"I edge of woods _ .�- rf/ ` 10 Comments Comments X000 \ � � 18 27 2 1 1 �"J J0. 24 Aotryoo�bry \ 2-stemmed.n on around & split 2 Exist. 1JI, 7 3 1 Home �$ 1 42 p fl SOS c st110 1 85 White oak 4 Is10 9040 ^` 17 2 17 86 87 5 Cottonwood 16 2 X X - 20' toll 6 Cottonwood � 'a 2 2 10 1 I Willow 17 2 01 edge of delineated wetland i set iron cop /40062 Tree Tog ,1 Tree Species Tree DBH Tree Condition Remove Comments Comments 81 62 Bur Oak Bur ook eo0 18 27 2 1 1 W/"/low J0. 24 j 147 2-stemmed.n on around & split 2 Boxelder 1JI, 7 3 Red cedar 2 -stemmed 3 Cottonwood 42 2 85 White oak 4 Cottonwood 17 2 17 86 87 5 Cottonwood 16 2 X X - 20' toll 6 Cottonwood 24 2 2 X 7 Willow 17 2 3 Sucar maple X Cottonwood 4 Colorado blue spruce 13 5 9 Willow 16 3 Colorado blue spruce diebock and large deadwood 10 Willow 24 12 toll 92 diebock and large deadwood 11 Cottonwood 42 X 18 tall lip diebock and large deadwood 1 Su or maple 12 1 X 18' tall 16 White oak 24 2 X 2 Red oak 39 3 12 r/P diebock and large deadwood 3 Basswood 14 2 40 4 ed oak 12 2 Bur oak 15 seen ash 1 98 Bur oak leckeerr 1 2 99 White oak lack cherr 32 2 4 Red oak 19 2 1 35 Black cherry 1 Bur oak 13 Possible root rot structural concerns- e oak14 102 White oak 31 40 ac c err 1 2 White oak 41 u or mo le 2 104 White oak 4 u or ma le 14 1 Structurally unstable 105 4 u ar -maple 35 1 106 Boxelder --T7-- 39 1 Leoning tree, some dieback 45 Sugar maple Bur oak 1 29 2 u or ma e 108 White oak 28 1 Red oak 109 Red oak 42 ed oa Storm damage, structurally unstable 110 Has o ar a wound e oa 2 111 White oak e o0 24 1 112 e oa 23 1 51 Red oak Bur oak 21 1 Red o0 114 Bur oak 21 1 uor mo e 115 Bur oak Evidence o structural ro u ar ma a 116 as os severs major limbs Red o0 2 117 Bur oak ur oa 16 2 118 e o0 22 2 oc c erry 15 17 2 e oak25 120 3 X Evidence of structural rot 62 White oak 2 1 X 21 ur oak X Bur oak 64 W71te oak 3 1 X 123 Bur oak Fite oak 1 1 66 White oak 26 1 X 67 White oak 24 3 X Evidence of structural rot 68 White oak 22 1 X 24 69 White oak 22 1 X 70 Bur oak 28 1 X Boxelder 71 White oak 22 3 Storm damage, tots of deadwood 72 White oak 28 2 73 Bur oak 14 2 1 74 Red oak 31 2 25 3 75 Bur oak 28 1 38 76 American elm 12 2 White oak 77 White oak 28 3 X Ti dieback tree in decline 78 White oak 38 1 X 6 79 White oak 16 2 80 White ook 17 2 1 X 160 159 dN/neotad wetland /3 /►* (?9 if i1 11 WOODS \ ) J �00 137 rs 133 x}138 Ooh 15 /„ IGS ,,It. dIiVBwaY (%Dl , edge of�oods{--..�54 4 e3 ° j30oG L, 140 14 51 16 85 BB 1 i q 9 -,J074 F M � 1\ ,,.f. -.--•..-...-._-edge Of dNbrsated we Hand -...--...l` 62Jk 6 54 i C�A,t �ss % edge of wor�"ds Ik i found iron cop /77006 1 1. `XY / edge of delineated wetland ...` 1 0 \ �O 9 Q • 1 / o � / Al 2 /� 4 �...�� of i w �I V i 5.1 56 WOODS 7 14 t '' 47 497 t4O 22 WOODS r7 i• set iron l cap ,140062... / Tree Tag I Tree Species TTo Tree DBH Tree Condition Remove Comments 81 62 Bur Oak Bur ook eo0 18 27 2 1 Red Oak 3 White Oak 147 29 2 2 1467—Red 84 Red cedar 1 12 1 _ 26 'roll 85 White oak 17 27 2 X 17 86 87 White oak Colorado blue spruce Sugar maple 27 7 1 2 X X - 20' toll 88 Colorado blue spruce 4 5 2 X 20' toll 89 Colorado blue spruce 3 Sucar maple X 16 tall 90 Colorado blue spruce 13 5 1 X 18' tail 91 Colorado blue spruce -Tu-or mo le 3 3 X 12 toll 92 Colorado blue spruce 5 2 X 18 tall 93 Colorado blue spruce 5 2 18' tall 94 Colorado blue spruce 5 2 187r tall 95 Green ash 12 1 96 White oak 40 1 97 Bur oak 15 1 X 98 Bur oak 28 1 99 White oak 32 1 100 Bur oak 32 1 101 1 Bur oak 13 1 102 White oak 31 1 103 White oak 36 1 104 White oak 31 3 Structurally unstable 105 White oak 35 1 106 White oak 39 1 107 Bur oak 29 2 108 White oak 28 1 109 Red oak 42 3 Storm damage, structurally unstable 110 White oak 32 2 111 White oak 24 1 112 Bur oak 23 1 113 Bur oak 21 1 114 Bur oak 21 1 115 Bur oak 2 116 Block cherry 15 2 117 Bur oak 16 2 118 Bur oak 22 2 119 Bur oak 17 2 120 Bur oak 21 2 121 Bur oak 21 1 122 Bur oak 20 1 123 Bur oak 24 1 124 Red maple 12 1 125 Green ash 14 2 127 Bur oak 24 2 128 Bur oak 23 1 129 Boxelder 14 2 130 Green ash 13 2 131 Sugar mo le 12 1 132 Bur oak 25 3 Structurally unstable 133 1 White oak 38 1 X 134 White oak 30 1 X 135 Aspen 13 2 6 White oak 30 1 137 Bur oak 31 1 X 138 White oak 33 1 X 139 Su or ma le 12 3 X Eut ells canker at 6' from round 1 White oak 6 1 X 141 1 Red oak 27 3 X Structurally unstable storm damage 142 Su ar mo /e 15 1 X 143 I Sugar maple 14 1 X DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED C.S.O. Cara M. Schwahn Otto Z� I � Q t BENCHMARK: top of T -box Elev. = 994.09 J / (N. G. V. D. 1929) $0 Tree Tag # www.ottoassociates.com TTo 9 west Division Street Buffalo, MN 55313 144 (763)682-4727 SSOCIATES Fax (763j682-3522 & Land Surveyors. Inc. eo0 Z� I � Q t BENCHMARK: top of T -box Elev. = 994.09 J / (N. G. V. D. 1929) $0 Tree Tag # Tree Species Tree DBH Tree Condition Remove Comments 144 Red oak eo0 Red Oak 147 Red oak 12 2 1467—Red oak 16 1 Sugar maple 150 Red oak 17 1 151 Red oak 17 1 152 Sugar maple 12 1 153 Black cherry 17 3 Structural! unstable 4 Red oak 1 1 Sugar maple 0 156 Sucar maple 1 1 157 Suormaple 13 1 Red oak 16 1 1 -Tu-or mo le J2 1 Su or maple 75 1 2 Scale: 1- _ �k77 DENOTES TREE TO BE REMOVED Tree inventory prepared by e Heritage Shade Tree Consultants Manuel Jordan, ISA Certified Arborist JMN 0206 A P.O. Box 26607 St. Louis Park, MN 55426 763-717-9366 Tree DBH is the tree's diameter measured at 4.5 feet from the ground. ' yIC `1-l�tT t Tree Conditions are defined as: 1 - Good Condition. A healthy and structurally sound tree. 2 - Fair Condition. A tree lacking in health and/or _structurally deficient, but correctable. 3 - Poor Condition. A tree with significant health or structural defects, and difficult to correct the problems. 4 - Dead or Dying. No chance to correct health or structural concerns. No tes: 1. Some tree numbers are not sequential due to them being originally tagged and later found to not be on the propoerty. 2. Building pads shown are approximate. Actual tree removals will be determined during the building permit process. PROJECT AREA LESS WETLANDS = 6.46 ACRES EXISTING BASE LINE CANOPY COVERAGE = 3.76 ACRES (58.2%) MINIMUM CANOPY COVERAGE REQUIRED = 2.26 ACRES (35%) EXIST7NG CANOPY COVERAGE PRESERVED = 2.68 ACRES (41.5X) "NSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN PRELIMINARY TREE PRESERVATION PLAN - SECONDARY CONSTRUCTION SHEET NO. 5 OF 5 SHEETS 2-12-0191 9/10/12 i --Carver County Monument of the Northwest corner I of Section 10, Township 116, Range 23 N89 43'14 "W 1071.66 WYNSONG 50 I 50 n ;-, / r-1,�r7L.11 v\2 I A/ 'r- I I A Ar - A I--N/'l IA/^ ! I I A L)L)I^/-\n I I I I V I L__ / -I L,J IJ V Y.: L_ % 7/-I / \ I \ I, l/ I V � -- North line of SONG ADDITION 58943'14 £ 1189.60 Meos. 1190.00 Plot l (North line of Section 10) N89'4J'14'W 87,7144 �., 372.84 count i' 7N 83.01 ----------------- 4 --- '..` 17.67 -_ ---131.46---- J72.43meos - 48301 \ \ \ / I \ 529.21 \ 1 SO Il 33 at the Northt 1/Monument corner of Section 10, Township 116, Range 23 \\y \ ep I.� �iroinoge & utility easement a 1J, V' r` 0"W p27.90 \ I An 58170'1 _ do's+ i �N�o4o• 1 ,� ti�oe A ^° ,a i h i _ N1 45g i� �,,.�'i I I... Sow /'6 \4\AD K� 1\ 2 $� 5 S88'0747'W 233.90 — — — — — — _ , o\ a �gyQ 1 (4 \ _ o4p', ? r" N) 3,j �,6p \ '� A� 0.40 D .3` / If lb \ac / / — — I - SOK I/ O*0�\,j NZ468 ry0 / _ I pA� # 1 vI L.v I 1 L'� / tea" 6 � � \��sbsor, ti / i AA �. e�// /f.�N'Ng$. rye/ avy i/ yuh 06" 5588 13"E T?9 53 .\ \eosement 116.64 \ - -8675'00'E- - - -- - - - raSBENCHMARK.- Top of T -box ,Elev.=994.09 Feet l I (NGV.D. 1929) / i \ \'�Qf'. ry•0 - �� ._edge of-.., �►' A.'� OQ /�6.b :'� `no �'.�9� -edge of-..._ \ \ ��r g9.�ry / \ wet land \: \ w.J Oy / S ryA� resp , S) wet land \ rc^ yy / / \ / / \Nr N b btu !1 \ \\ 18.74 ?/ �'::�droinoge & utl'lity easement! ^ry \\ u� / i _ �// 2 � �� +3d'+� \ � / /' 32.77 - , \ _ - r: / 1 \ \ / / �/ 47754 55970'42"E \, I - I \39285 \ - / i'7 _ _ _ - 18@22 ,.. 180.02--- 1)8.37 ----r=--- -' 65.52 - - - - - - 269_43 --------- - 68217 \ / _ N8943'140W 1110.15 - l I//Inn A T' I /)A //N n/IE)r-I ; ; A I1 r1ITl/"\n l L- \J I V t 2,-1 _ v/ \ L"D l% 7 /_1 L/ LJ I I I V I v KNOW ALL PERSONS BY THESE PRESENTS: That Galpin BIW Partners, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Corver, State of Minnesota, to wit: Lot 1, Block 1, SONG ADDITION, Carver County, Minnesota. Hos caused the some to be surveyed and plotted as WYNSONG and does hereby dedicate to the public for public use forever the drainage easements, and utility easements. In witness whereof said Golpin BIW Partners, LLC has caused these presents to be signed by its proper officer this ------- day of ---------------------- 20______. GALPIN BLVD PARTNERS. LLC STATE OF MINNESOTA COUNTY OF ---------------- The foregoing instrument was acknowledged before me this ----- day of ---------------- 20----- by ------------------------- ------------------ of Golpin BIW Partners, LLC, o limited liability company, on behalf of the company. (Notory Signoture) __________________________________- (Notory Printed Nome) Notary Public, ______________County, Minnesota My Commission Expires: ___________________ - I hereby certify that I surveyed and plotted or directly supervised the surveying and plotting of the land described on this plot: this plot is o correct representation of the boundary survey, all mathematical data and lobels ore correctly designated; oil monuments depicted on the plot hove been or will be correctly set within one year: all water boundaries and wet lands as at this dote are shown and labeled,' and oil public wogs ore shown and labeled. ----------------------- Poul E. Of to, Lond Surveyor Minnesota License Number 40062 STATE OF MINNESOTA COUNTY OF --------------------- The foregoing instrument was acknowledged before me this _____ day of 20------, by Paul E. Otto, Land Surveyor, (Notary Signature) 1 �- - South line of SONG ADDITION TI Ir- IA/nn r,^ A T / /-IA A /� r �+ A rInITlnnl l% 7 L- Y Y l/ l/ L/„ /-I I L. v I V\ 2v-1 " 1 �)L= ;� `Y I r7 1/ v I v CHANHASSEN, MINNESOTA This plot of WYNSONG was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this ----------- day of ___________, 20_____, and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA By----------------------------- Mayor BY ---------------------- County Surveyor, Carver County, Minnesota Pursuant to Chapter J95, Minnesota Lows of 1971, this plot hos been approved this ______ day of-------------------, 10 ------ John E. Freemyer, County Surveyor BY------------------------------------ County Auditor/Treasurer, Carver County, Minnesota I hereby certify that taxes poyoble in ------------------ and prior years hove been paid lar land described on this plot. Doled this _____ day of ------------ 20----. --_----- Lourie Engelen, County Auditor/Treosurer By--------------------- Registrar of Titles, Carver County, Minnesota I hereby certify that this plot of WYNSONG was filed this _____ day of _ 20 ...... at ------ o'clock ____.M. as Document No. ---_---_--_ (Notary Printed Nome) Notary Public, -------------- County, Minnesota. Mork Lundgren, Registrar of Titles My Commission Expires: -------------------- BY ----------------- Clerk 14,22 I - 177.J8 - I I I 1'7 L_ vv vk-/LJ •- / l �,.>droinoge & utoity easement I /-)A l/%A /`L1 r-•-• i i �.. L. l./1 vr'1 vl\L_..% mil 50 edge of / wet land CItV9FCEIVEn69EV / RECEIVED HARRISON �1 LAKE C,%NHASSEN PLANNING DEPT •i g Ordinary High Wafer Elevation = 99J6 Feet 0 Wi according to the MN DNR (N.G.V.O. 1929) h o Wafer Elevation on 7/3//12 = 993.6 Feet + W i g OUTLOT A OHWI- = 99J.6 Feet - droinoge k uh7ity I WYNSONG 50 I 50 n ;-, / r-1,�r7L.11 v\2 I A/ 'r- I I A Ar - A I--N/'l IA/^ ! I I A L)L)I^/-\n I I I I V I L__ / -I L,J IJ V Y.: L_ % 7/-I / \ I \ I, l/ I V � -- North line of SONG ADDITION 58943'14 £ 1189.60 Meos. 1190.00 Plot l (North line of Section 10) N89'4J'14'W 87,7144 �., 372.84 count i' 7N 83.01 ----------------- 4 --- '..` 17.67 -_ ---131.46---- J72.43meos - 48301 \ \ \ / I \ 529.21 \ 1 SO Il 33 at the Northt 1/Monument corner of Section 10, Township 116, Range 23 \\y \ ep I.� �iroinoge & utility easement a 1J, V' r` 0"W p27.90 \ I An 58170'1 _ do's+ i �N�o4o• 1 ,� ti�oe A ^° ,a i h i _ N1 45g i� �,,.�'i I I... Sow /'6 \4\AD K� 1\ 2 $� 5 S88'0747'W 233.90 — — — — — — _ , o\ a �gyQ 1 (4 \ _ o4p', ? r" N) 3,j �,6p \ '� A� 0.40 D .3` / If lb \ac / / — — I - SOK I/ O*0�\,j NZ468 ry0 / _ I pA� # 1 vI L.v I 1 L'� / tea" 6 � � \��sbsor, ti / i AA �. e�// /f.�N'Ng$. rye/ avy i/ yuh 06" 5588 13"E T?9 53 .\ \eosement 116.64 \ - -8675'00'E- - - -- - - - raSBENCHMARK.- Top of T -box ,Elev.=994.09 Feet l I (NGV.D. 1929) / i \ \'�Qf'. ry•0 - �� ._edge of-.., �►' A.'� OQ /�6.b :'� `no �'.�9� -edge of-..._ \ \ ��r g9.�ry / \ wet land \: \ w.J Oy / S ryA� resp , S) wet land \ rc^ yy / / \ / / \Nr N b btu !1 \ \\ 18.74 ?/ �'::�droinoge & utl'lity easement! ^ry \\ u� / i _ �// 2 � �� +3d'+� \ � / /' 32.77 - , \ _ - r: / 1 \ \ / / �/ 47754 55970'42"E \, I - I \39285 \ - / i'7 _ _ _ - 18@22 ,.. 180.02--- 1)8.37 ----r=--- -' 65.52 - - - - - - 269_43 --------- - 68217 \ / _ N8943'140W 1110.15 - l I//Inn A T' I /)A //N n/IE)r-I ; ; A I1 r1ITl/"\n l L- \J I V t 2,-1 _ v/ \ L"D l% 7 /_1 L/ LJ I I I V I v KNOW ALL PERSONS BY THESE PRESENTS: That Galpin BIW Partners, LLC, a Minnesota limited liability company, fee owner of the following described property situated in the County of Corver, State of Minnesota, to wit: Lot 1, Block 1, SONG ADDITION, Carver County, Minnesota. Hos caused the some to be surveyed and plotted as WYNSONG and does hereby dedicate to the public for public use forever the drainage easements, and utility easements. In witness whereof said Golpin BIW Partners, LLC has caused these presents to be signed by its proper officer this ------- day of ---------------------- 20______. GALPIN BLVD PARTNERS. LLC STATE OF MINNESOTA COUNTY OF ---------------- The foregoing instrument was acknowledged before me this ----- day of ---------------- 20----- by ------------------------- ------------------ of Golpin BIW Partners, LLC, o limited liability company, on behalf of the company. (Notory Signoture) __________________________________- (Notory Printed Nome) Notary Public, ______________County, Minnesota My Commission Expires: ___________________ - I hereby certify that I surveyed and plotted or directly supervised the surveying and plotting of the land described on this plot: this plot is o correct representation of the boundary survey, all mathematical data and lobels ore correctly designated; oil monuments depicted on the plot hove been or will be correctly set within one year: all water boundaries and wet lands as at this dote are shown and labeled,' and oil public wogs ore shown and labeled. ----------------------- Poul E. Of to, Lond Surveyor Minnesota License Number 40062 STATE OF MINNESOTA COUNTY OF --------------------- The foregoing instrument was acknowledged before me this _____ day of 20------, by Paul E. Otto, Land Surveyor, (Notary Signature) 1 �- - South line of SONG ADDITION TI Ir- IA/nn r,^ A T / /-IA A /� r �+ A rInITlnnl l% 7 L- Y Y l/ l/ L/„ /-I I L. v I V\ 2v-1 " 1 �)L= ;� `Y I r7 1/ v I v CHANHASSEN, MINNESOTA This plot of WYNSONG was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this ----------- day of ___________, 20_____, and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA By----------------------------- Mayor BY ---------------------- County Surveyor, Carver County, Minnesota Pursuant to Chapter J95, Minnesota Lows of 1971, this plot hos been approved this ______ day of-------------------, 10 ------ John E. Freemyer, County Surveyor BY------------------------------------ County Auditor/Treasurer, Carver County, Minnesota I hereby certify that taxes poyoble in ------------------ and prior years hove been paid lar land described on this plot. Doled this _____ day of ------------ 20----. --_----- Lourie Engelen, County Auditor/Treosurer By--------------------- Registrar of Titles, Carver County, Minnesota I hereby certify that this plot of WYNSONG was filed this _____ day of _ 20 ...... at ------ o'clock ____.M. as Document No. ---_---_--_ (Notary Printed Nome) Notary Public, -------------- County, Minnesota. Mork Lundgren, Registrar of Titles My Commission Expires: -------------------- BY ----------------- Clerk 14,22 I I I 1'7 L_ vv vk-/LJ •- / r I /-)A l/%A /`L1 r-•-• r - TI I Ari rllTl/l AI r7 /-N L.1 lIv1V I L. l./1 vr'1 vl\L_..% mil 50 / JJ CItV9FCEIVEn69EV / RECEIVED DEC 21 2012 C,%NHASSEN PLANNING DEPT VICINITY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA Lake Lucy Rd �p`f8 yo s T at 4i Rd S. HARRIS LAKE PRO ECT LOCATION N acres or. 0 1,00 o' R V NOT TO SCALE X � C infer V pr. Arboretum Blvd 5 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I �-5 I 1 5- i 10 I1 1C, BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AND BEING 5 FEET /N WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. BEARING NOTE The South line of SONG ADDITION, Carver County, Minnesota, is assumed to bear N89'4J'14"W, • denotes iron monument found Q denotes 1/2 inch x /4 inch iron pipe set and marked by License No. 40062. that will be set within one year after recording this plot, or sooner, as specified by the opproving local governing unit. WTTO SSOCIATES Engineers & Land Surveyors, Inc. r, , r - i f'7C V/l�it ri i I .r.. It SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, WYNSONG Coke Lucy Rd e L T �pK o s pr Rd o PROXC, LOCATION .� N acres Dr' D Loi qF o' V NOT rO SCALE = 0 Fo \y yu�tei �o Or. Arboretum Blvd 5 MINNESO TA PRIOR TO ANY EXCAVATION THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES. CALL 48 HOURS BEFORE DIGGING: GOPHER STATE ONE CALL: TWIN CITY AREA 651-454-0002 MN TOLL FREE 1-800-252-1166 GOVERNING SPECIFICATIONS: 1. THE 2005 EDITION OF MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" 2. CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM) STANDARD UTILITIES SPECIFICATIONS. 3. CITY OF CHANHASSEN STANDARD SPECIFICATIONS & DETAIL PLATES. DESIGNED DRAWN I I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. CHECKED n _ A A\ A A , C.S.O.I Cara M. Schwdhn Otto LICENSE # 40433 DATE: INDEX SHEET www.ottoassociates.com TTo 9 West Division Street Buffalo, MN 55313 2 (763)682-4727 SSOCIATES Fax (763)682-3522 & Land Surveyors, Inc. TREE PRESERVATION PLAN INDEX SHEET DESCRIP TION 1 COVER SHEET 2 SANITARY SEWER & WA TERMAIN - WYNSONG LANE 3 PRIVATE STREET & STORM SEWER - WYNSONG LANE 4 TREE PRESERVATION PLAN 5 GRADING PLAN 6 STORM WATER POLLUTION PREVENTION PLAN 7-9 DETAILS WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN I 50 1 1 io 0 50 100 15i Scale: t' = 50' CITY RECE.IVEDSSEi. DEC 21 2012 CHANHASSEN PLANNING DEPT DE VEL OPER: GALPIN BLVD PARTNERS, LLC ATTN.- STEVE KROISS P. 0. BOX 218 CHANHASSEN, MN 55317 COVER SHEET SHEET NO. 1 OF 9 SHEETS No] 2-12-0191 12/12/12 11020 11010 11000 1990 •-• 1970 e� . z0� \ d ' K i Rim=975.411 . °te �jetlan � � '. 1 � e d S —sem ex. '-30della I \ I� c /— 0 s = RCSB°�er IN, S \ / ' REM service OVE '1 �aPPr° water oloe ation) 6, ili 0+30 L_ �G Iedge of delin_eated WtlandJ e o REMOVE wservic . ex. cation) zPPV San. 2' RISER PEx. Rrox. lo Pe — . _ . _ $e wer Servci \/\ » _ 1 — •� is SG�E� , 9p06> VC I �- MH1 -- EV �.. �y [, l PRS• FNM ,b°x Bop °f 99 929 J• NOTES: 1. WATERMAIN SHALL BE C-900 DR18 WITH DUCTILE IRON FITTINGS. FITTINGS SHALL BE POLYWRAPPED. MEGALUGS SHALL BE COMPATIBLE WITH PVC PIPE. 12 GAUGE TRACER SHALL BE TERMINATED AT ALL HYDRANT BREAK OFF FLANGES. 2. ALL 8" SANITARY SEWER SHALL BE SDR 35. 3. SANITARY SERVICES SHALL BE 6" PVC SDR 26 & SHALL BE LOCATED 3 FEET DOWNSTREAM OF WATER SERVICES. 4. WATER SERVICES SHALL BE 1" COPPER WITH 1" CORP. 5. ALL HYDRANT LEADS SHALL BE 6" DIP CLASS 52. 6. CONTRACTOR SHALL INSTALL HYDRANT EXTENSIONS AS NECESSARY WHERE WM HAS BEEN LOWERED TO AVOID CONFLICT WITH OTHER UTILITIES. EXTENSIONS SHALL BE CONSIDERED INCIDENTAL TO HYDRANT COST. 7. WORK WITHIN COUNTY R.O.W. SHALL BE ACCORDANCE WITH COUNTY UTILITY PERMIT REQUIREMENTS. 8. ALL UTILITIES CROSSING WATERMAIN SHALL HAVE A MINIMUM OF 18" VERTICAL SEPARATION BETWEEN PIPES. 1 � ` EleGvp• ��\5� GORP . PO550e� p�Gv, P -( `tS's \ SERGE 5 NE ~ 9 rc� v MH2 I — — — — _ 4+00 — 1••� Q QRO pRE PAw U 6_0�� 7�" — I _� INSTALL SERVICES 10' -� - �' •�U EC .� qpP N� �lepi / _1 -� j 1 BEYOND EDGE OF BIT.. TYP. _...\ `6 C, _ 5+00 \ T / Coll', $*x6v G / t �j WYE ELEV FROM �� c�PN 900 DR 18 WM _ _ 6 J / DOWNSTREAM MH, TYP- 986.69 MN/ 9$$• \ \ / / SAN. SERVICE ELEV. X13' RISER R'm 1+87 I I AT END, TYP. InJ E) j / / 1l 3 990.33 I I O / 5 Vdi 10, Zi / I \'010 / Won 062 2 I I o soP #40 I / I ,5pO 0 55 30 0 3o so 90 1" = 30' HOR SCALES: J I MN �10 9j 1" = 10' VER 960 I:: ::::::::::....................... LA S E WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Coro M. Schw � otto I I , z LICENSE 40433 DATE: . ....... :::::::::.:::::::::::::.::I::::::::::::.I:::::::::.:::I:::::::::::::I:::::::::::::I:::::::::::.:i:::::::::::::I:::::::::::::I:::::::::::::.1:::::::::::::1:::::::::::::1 SANITARY SEWER & WATERMAIN PLAN PROJECT N0: 2-12-0191 -------L--------L--------1---------1---------1--------J--------_1--------1--------1--------L--------L--------L----- I:i:::::::::::::1:::::::::::::1:::.:::::::::I:::::::::::::I:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::I:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::I:::::::::::..1............ 1:::::::::::I:::::::::::::I:::::::::::::I:::::::::::::1:::::::::::::l:::::::::::::I:::::::::::::I:::::::::::::!:::::::::::::►:::::::::::::1:::::::::::::l:::::::::::::I:::::::::::::1:::::::::::::l:::::.:......1.............1............. SHEET N 0 . 2 OF 9 SHEETS ...................I.....:::I:::::::::::::I::::: ---1---------1---------1---------1--------1--------1 I ! �.. ..................::.::I....N ........ .!:::N :::::::I'::::::::::::1.............I.............1.............1.............1.............I...........:;I.... ....... I ............. 1:::::::::::::I::::::.::::::I:::::::::::::I::'::::::::::I:::::::::::::1:::::::::::..1::::: ::a I.............I.............I::.:... ::::I.............I.............I : mao—.—..—. :-:- .-:--:.-. . I—. . .—..` N .. ..— -------- i ----- ---T--------T-------:--T----------1---------1--------- 1 --------T----- — ---T-- — --t r — -:— 11 — -.:-:-..---:-: —. 71 gN� —. 7-----------------T--------T---------T----7r-..---1------------ : I .............I ..... ICENTERUNE PROFILE I :::: :I:::::::::::::I:::::::::::::I:::::::::::::1::: .::::::::::::'1':: ::::::I::........... I:::::::::::.: I :::::::.:::::I ::::::::::::: I::::::::::::. I :::::::.:::::I:I::::::N::::I:::::::::::::I:::::[PROPOSED ::::::::::::l:::::::::::::I::::::::::....... :......:::::::::::::I:::::::::::::......:::::::►::::.........1 .....:L:::::::::::: ....... :::::::I:::::::::::::I::::.� ?RQFILEI :::: * ::::.:I:::::::::::::1:::::::::::::I:::::::::::::I:::::::::::::I:......:::::::I::::::.EXISTIN6I;CENTERUNE a ::::::I ::::::::::::: I::::::::::::: I :::::::::::::1::::::::::::: I::::::::::::: I :::::::::::::I :::.......::::::::::::::I::::::::::: :I::::::� :::::I:::::::::::::I::::::::::I::::::............. IGNED DRAWN I HEREBY CERTIFY THAT THIS :::::::1:::::::::::::1:::::::::::::!:::::::::::::I:::::::::::::I:::::::::::::l:::::::::::::1:::::::::::::1::::: f --+,------- ....--- •---1-- ---- .................-----�---' I.... -----F--------47-------+-----------------T---------F---------I---------1—•-- ::::::.... :I:::::::::::::1::......:::::1::::::::: --.. _. �. �. :I.... -:-F-:--•.......� 'I:::::: ::... I ............ :::::::I::::::::::::::::::::::::::I::.._......::I:::::::::::::j:::::::::::::1:::::.:::::::1::.. . :::::::.:::::I:.::.:::::.::I::::........:j::::::::::::::::::::::::.:1::::: I.............I........... L....... I.............1....:::......1........:::::1--.�:.. MIN 18' - 12 RCP :... . �.. I.............1..._.........I.............I.::::::::::::r.::::::::::::1:.... .... ! :I ::::::::::::: 1 :::::: is �F�e". PVC SDR 35 : I :::: :1 ' ; : .... ,'; .;� — :::::::::::. 1 ... . ................ 4 3.08 ..... . I I I I I I I I D Rt8 I N7II........... I .. I ,n ........ .... o� I " " .....' :. 18 x6 WET TAP I ............. I............. I ...... ' ._ -.I.............I.............I.............I.............I......... ..I.............I...r,.. ................I.............I.WIV GV.......I..... r - -------71777.--- .-z.STA 15+4. --- ---------------— . . ....---------------T--------T. . T--- ------------------1------------ I iNSTALL : Wm MTIi : sJ-r:::::::::::: I::::::::::::: I ........:::::I ::::::::::::: I:::::::...... ...........::I A: N : L : : 1: : ' :1 :::::.:': : A: I:I::::::::':::::I:::::::::::::ICONFUCT:WITH:ST.O*M::::::::::::I:::::::::::::1:::::::::::::I:::::::::::::I:.:::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::: :: ::::: :_ ::1:::....:.SANSR�.E.:. ::: ::::I:::: ......:::: ::::::::::I:::: . +--------i---------f-----------. ..g.d.——— I - - - - - - - --- - -----1---------+-- ...... ..... -----—... +1:1: — +--------4---------1---------1---------1--- 960 I:: ::::::::::....................... LA S E WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Coro M. Schw � otto I I , z LICENSE 40433 DATE: . ....... :::::::::.:::::::::::::.::I::::::::::::.I:::::::::.:::I:::::::::::::I:::::::::::::I:::::::::::.:i:::::::::::::I:::::::::::::I:::::::::::::.1:::::::::::::1:::::::::::::1 SANITARY SEWER & WATERMAIN PLAN PROJECT N0: 2-12-0191 -------L--------L--------1---------1---------1--------J--------_1--------1--------1--------L--------L--------L----- I:i:::::::::::::1:::::::::::::1:::.:::::::::I:::::::::::::I:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::I:::::::::::::1:::::::::::::1:::::::::::::1:::::::::::::I:::::::::::..1............ 1:::::::::::I:::::::::::::I:::::::::::::I:::::::::::::1:::::::::::::l:::::::::::::I:::::::::::::I:::::::::::::!:::::::::::::►:::::::::::::1:::::::::::::l:::::::::::::I:::::::::::::1:::::::::::::l:::::.:......1.............1............. SHEET N 0 . 2 OF 9 SHEETS DATE• 12/12/12 ---1---------1---------1---------1--------1--------1 I ! 950 1 j:::::::::::::I::::::::::::1I:::::::::::IIIII:::::::;::.::I:�::..........I.............I.............1 I - _ _ _ - _ _-.I.............I:::::::::::::I........... ::::::::::I::::::::I....... ..I.............I.............I.............1.............1.............1.............1.............1.............1.............I.............I..........•.. !:I:::::::::::::1:::::::::::::!:::::::::::::1::::::::1:::::::::::::l:::::::::::::1:::::::::::::I:::::::::::::!::::::::::I:::::::::::::I::::::::...... .. T7 7777 T---------T---------r--------1--------71---------.1---------T-------- -------- i ----- ---T--------T-------:--T----------1---------1--------- 777777-7777 -----T-------- i.............I.............I.............I.............I.............I.............1.............I..........................I.............I.............I....•........I.............I.............I.............1.............I............:I:..::::::::::I i:I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::1:::::::::::::I:::::::::::::I::::::::::::::::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::1::::::::::I:::::::::::::I:::......... .....................7. .. 9 40 I !:: :::::::::1:::::::::::k::::::::::::► :I:::::::::::::I:::::::::::::I:::::::::::::1::: .::::::::::::'1':: :::::::k:::::::::::!:::::: :::::::::::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:::::::::::::I:;:::::::::::E:::::::::::::I::::::::::::'I:........... I: ::::: ::::::::::::l:::::::::::::I::::::::::....... :......:::::::::::::I:::::::::::::......:::::::►::::.........1 .....:L:::::::::::: ....... _ _ _ _ _ _ _ _ 0+00 L — — — — — — — —I— — — 1+00 — — — — — —I. — — — — — — _' J — — _'— — — — — 1 — — — — 2+00 — — — — — -L — — — — — — — — � — — — 3+00 4+00 — — — — — L — — — — — — — — L — — — — — — — —I— — 5+00 — — — — — — —I— — 6+00 gym" "^Y DESCRIPTION IGNED DRAWN I HEREBY CERTIFY THAT THIS P N P ATION OR R PORT 1020 1010 i •'9 970 950 940 GATE B CD DES C.S.O. C.S.O. CHECKEDak LA S E WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. Coro M. Schw � otto I I , z LICENSE 40433 DATE: www.ottoassoaates.com 9 West Division Street Buffalo, MN 55313 TTo (763j682-4727 Engineers & Land Surveyors, Inc. WSOCiATES Fax: (763)682-3522 �/�/YNSONG GALPIN BLVD PARTNERS, LLC C HAN HASS E N , M N SANITARY SEWER & WATERMAIN PLAN PROJECT N0: 2-12-0191 SHEET N 0 . 2 OF 9 SHEETS DATE• 12/12/12 .50 10 I found iron -,S` \ found iron edge of woods _ (f' cap 117006 cop /13021 159 �'Ineoled �3 1 ,~ t0O 115 �1`F 19Welland....x?134 471 WOODS { 12 \ ) 1� 17 r4:,2 \ 371 t edge Of dNmealad weUond_..\, f 1e1'�O \ I \ Exist. Z Horne k` 12 \ . % 1� 1 3 L 1 1 GW �u Ng �()19. 138 �9 v 019 2 12 307 139(O 0 it. driveway ✓-edge of woodsy (. 0 1`MOpQ°40 Sf" 54 QQ o fT"83 82� \� �+ 140 ti OHNE-99.16—., I.. $ 04 �gfr 96 asro \16 \- 1 3 ! 10 84 Sto 1+ o, 'l41 i`: 143 5 51 I / / 4 /Jd / 1 Q ' )0 4°0 142 yti 177 �. .A 14 —Y� -, wnneareo Werfond - . . set iron — -- cop /40062 Tree Tog # Tree Species Tree DBH Tree Condition Remove Comments A American elm 12 2 2 chance 1 Willow 30, 24 3 1 2-sternmed.n ground & split 83 Boxelder 13 7 3 16 2 -stemmed 3 Cottonwood 42 2 1 26' toll 4 Cottonwood 17 2 2 1 1 5 Cottonwood 16 2 1 Block cherry 6 Cottonwood 24 2 1 2 20 toll 7 Willow 17 2 2 20' toll 89 ottonwood 4 3 16 toll 90 W )low 1 5 1 i dieback and lore deadwood 91 Willow 4 3 3 d Nck and lore deadwood 1 Cottonwood 42 ------ 2 Tip dieback and large deadwood 15 Su or ma ie 12 5 2 18' toll 16 White oak 4 5 2 18 toll 95 Red oak 39 12 1 Tipdlebock and lore deadwood 23 Basswood 4 40 1 4 Red oak 12 2 1 98 reen osh 28 1 99 lock cherry 32 1 100 lack cherry 32 1 4ed oak 19 2 1 35 1 lock cherry 31 1 Possible root rot, structural concerns 36 Red oak 36 1 TU_lock cherr 31 3 Structurally unstable 105 u or mo le —73 5 1 106 u or maple Igor 4 39 1 4 maple 29 2 44 Boxelder 8 1 Leamn tree, some dlebock 45 Sugar ma le 14 1 3 Storm damage, structurally unstable 46 Sugar maple 12 2 2 4 ed oak 24 1 4 ed oak 34 23 1 Has old lore wound 113 ed oak 21 1 51 ed oak 21 1 52 -7e—d oak 53 Red ook 1 117 e oa T- 118 u ar mo le Evidence o structural rot 119 u or mo le 17 2 Has lost several major limbs 57— Red o0 1 ur ook 1 59— e oak 1 50 Bloc k Chy 15 4 1 124 ed ook 12 1 Evidence o structure rot 125 Mite oak 22 1 X 127 ur oak 24 2 4 ite oak 23 1 1 129 ite oak 14 2 130 White oak 13 2 131 White oak 4 3 X vfdence of structural rot 68 Mite oak 22 1 X Structurally unstable 133 White ook 22 1 X 0 Bur ook 28 1 1 71 White oak 22 3 2 Storm damage, lots of deadwood 72 White ook 28 2 1 73 Bur oak 14 2 1 74 Red oak 31 2 1 75 Bur ook 28 1 3 Eutypella conker at 6' from ground 76 American elm 1 12 1 2 1 77 Whiteoak 8 3 X Ti dlebock tree in decline 78 White ook 38 1 1 79 White ook 1 16 1 2 80 White ook 1 17 1 2 68 FT L\ \ J / 6 I \1 67 �z Sig -r.z AREA CLEAREDt� Q 7t 69 J w� FOR. SAN SEN£R CONNECRON a (, 50 0 50 100 150 54 z `^ °bye ai 62 6 \ alv%btabl , I Scale. 1- . 50' i t7 �'`'� ��.vi55 7 x.,115 � sto J oa r L 73 � 3 o � 66 590 1 f�1 3 4 \\ \ I t l 650 -edge of woods WOODS 5 4 2 \�� Q ( 5k77 DENOTES TREE TO BE REMOVED 630 f A�y8IT 64 7 � � � T � I SF SF SF DENOTES SILT FENCE 1 �y 34 33 ,^� L/ \ 1 47 4/ 32 2'3 �- BENCHMARK. (, ^-,� TPF IFF TPF DENOTES TREE PROTECTION FENCE ti.✓49 40 � 22 43.19 7771 7 top of T -box WTH METAL T -POSTS S / Elev. = 994.09 I 58 j If(N. G. V.D. 1929) / Orl,•� / ' I WOODS / set Iron -...� / I I cop /40062 I 30 Tree Tog / Tree Species TTo Tree DBH Tree Condition Remove Comments i Bur oak & Land Surveyors, Inc. 18 2 chance 82 Bur oak or structural 27 1 Red oak 83 White oak 14 29 16 1 4 Red cedor 12 1 26' toll 85 White oak 151 27 2 1 1 86 White oak 1-2 27 1 Block cherry 87 Colorado blue spruce 7 1 2 20 toll 88 Colorado bluespruce 5 2 20' toll 89 Colorado blues ruce 3 16 toll 90 Colorado bluespruce 1 5 1 16 toll 91 Colorado blue spruce 3 3 12 toll 92 Colorado bluespruce 5 2 18 toll 93 Colorado blue spruce 5 2 18' toll 94 Colorado blue sciruce 5 2 18 toll 95 Green ash 12 1 96 White oak 40 1 97 Bur oak 15 1 98 Bur oak 28 1 99 White oak 32 1 100 ur oak 32 1 101 Bur oak 13 1 102 1 White oak 31 1 103 White oak 36 1 104 White oak 31 3 Structurally unstable 105 White oak 5 1 106 White oak 39 1 107 Bur oak 29 2 108 White oak 8 1 109 Red oak 42 3 Storm damage, structurally unstable 110 White oak 2 2 111 White oak 24 1 112 1 Bur oak 23 1 113 Bur oak 21 1 114 Bur oak 21 1 Bur oak 1 Block cherry 1 117 Bur oak T- 118 Bur ook 119 Bur oak 17 2 120 Bur oak 1 Bur oak 1 122 ur oak 1 Bur oak 4 1 124 ed maple 12 1 125 Green ash 14 2 127 Bur oak 24 2 128 Bur oak 23 1 1 129 Boxelder 14 2 130 Green ash 13 2 131 Su or maple 12 1 132 Bur ook 25 3 Structurally unstable 133 White ook 38 1 134 White ook 30 1 135 Aspen 13 2 136 White oak 30 1 137 Bur oak 31 1 138 White k 33 1 139 Sugar maple 12 3 Eutypella conker at 6' from ground 140 White ook 6 1 141 Red ook 27 3 Structurally unstable storm damage 142 Sugar maple 15 1 143 Sugar maple 14 DESIGNED DRAWN I (FY THAT THIS RPRTTOR REF WAS PREPHEREBY ARED13YMEORUNDEMY DIRECT C50. M.C.H. JAND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UND R THE LAWS OF TH STATE OF MINNESOTA. CHECKED A �A / CSO. I Coro M. Tree Tog M www.ottoassociates.com TTo 9 West Division Street Buffalo, MN 55313 44 (763)682-4727 SSOCIATES Fax: (763)682-3522 & Land Surveyors, Inc. Red oak Tree Tog M Tree Species Tree DBH Tree Condition Remove Comments 44 Red oak 12 defects, and difficult to correct the problems. 4 - Dead Red oak No chance to correct Red oak or structural concerns. 147 Red oak 12 2 14 ed oak 16 1 49 Sugar mo e 7- 150 ak 7 1 1 151 Red oak 17 1 1 152 Sugar maple 1-2 1 153 Block cherry 3 Structurally unstable 1 4 ed oak 155 Sugar maple 1 u or mo le 1 1 u or mo le 1 1 ed oak 1 1 5 u or mo le 60 u or maple lb 2 Tree inventory prepared by. Heritage Shade Tree Consultants Manuel Jordon, ISA Certified Arborist #MN 0206 A P.O. Box 26607 St. Louis Park, MN 55426 763- 717-9366 Tree DBH is the tree's diameter measured at 4.5 feet from the ground. Tree Conditions are defined as: 1 - Good Condition. A healthy and structurally sound tree. 2 - Fair Condition. A tree locking in health and/or structurally deficient, but correctable. 3 - Poor Condition. A tree with significant health or structural defects, and difficult to correct the problems. 4 - Dead or Dying. No chance to correct health or structural concerns. Note: Some tree numbers are not sequential due to them being originally togged and later found to not be on the propoerty. PROJECT AREA LESS WETLANDS = 6.46 ACRES EXISTING BASE LINE CANOPY COVERAGE = 3.76 ACRES (58.2%) MINIMUM CANOPY COVERAGE REQUIRED = 2.26 ACRES (35%) EXISTING CANOPY COVERAGE PRESERVED = 3.60 ACRES (55.7%) WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN TREE PRESERVATION PLAN SHEET NO. 4 OF 9 SHEETS 2-12-0191 12/12/12 101 077fron x•.•1�010\.94 �c6 oo o�.�\e\dg5 `o � w` b;dsi fe Tejo e ,'a"00 to ow oF\hfr/y \ \ f \ delineated wetland 5.74 x 100732 betI i, / � \ •6:6c rco \It\ DS T \ - - .� 9 - LT 1. Ezlst. Lll� \ I_ • 1006.71 Home \ \ \ - �\ \� ss6.s1 mI � (_ I' ,eft T T O 1 \ r l `r746 •, j 1_, :' x f006.9 99�! /flQar� tit. edge 3.62 .4 ,r•' ' r Iy1D 9• 8 I x f008 D 1 l � 1� -1 -1 -1 1 t 'Ix 1016.54 7000. x 1005.17\ x ]006.8�( t x 1017 4 0 Lo the MN ONR p 9 6 I- � \ \ � 1000.8�_ I, 1 993.50-`, xg 10.95 -= p } '` - � _- I 1Y�� "_�. �._._� � ._ i � � .i �" �Ce�' - \ Q � • 1011.60 �\ \ 99327. '4\ �_-r-+.�=�=ii-=1 F` I`-�"1 !4_- G� —� / - �'¢�+ o t -owe r 1 •\�\ 1 i �i- \. \ r t `--1-p- �}�t edge f woods \ f_ I 13f��r,,yp� / x 995.84 , x Y,\4. `� O S \\ 993.20. -� -995,27 \ , x / lj\ \'v,✓ 1 1J \ 6.06 9 F , - I!!,! .53 \ edge of dellneoted wetfond - --- ., set iron —...i /'/�"-".-. -..._edge of deflneated wetland-...-..•�` cap f40062 / fence / II r / / I z o z w w (n U) a w 1000—I—oo -- o---�io---� 9� m 061a rn NOTE: WETLANDS DELINEATION COMPLETED BY KJOLHAUG ENVIRONMENTAL SERVICES. I I 995RRDENOTES PROPOSED WETLAND BUFFER I ' I ...... GROLI 4D FI Ev.... I ........ 990-1— --- I ----1 — —� c N g MIN LL®996.6 DENOTES POTENTIAL HOUSEDENOTES MINIMUM LOWEST LOC ELEVATION RETAINING WALL PROFILE NOTE: BOTTOM ELEVATIONS ARE GROUND ELEVATIONS & DO NOT ACCOUNT FOR BURIED BLOCK. DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REF WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION C.S.O. M.L.H. AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE ST TE OF MINNESOTA. CHECKED (2Q ,� C.S.O. Caro . Schwahn Otto LICENSE DATE: — SF SF — DENOTES SILT FENCE — 7PF 7PF— DENOTES TREE PROTECTION FENCE www.ottoassociates.com )TTO 9 West Division Street Buffalo, MN 55313 (763)682-4727 SSOCIATES Fax. (763)682-3522 Inc. eta WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN BENCHMARK: r top of T -box Elev. = 994.09 (N.G. V.D. 1929) GRADING PLAN SHEET NO. 5 OF 9 SHEETS ECT NO: 2-12-0191 12/12/12 •! '" _ W OHK = 993.6 According to the MN DNR I LAKE HARRISON 'n SITE DISCHARGE: LAKE HARRISON SITE DISCHARGE TO LARGE WETLAND h COMPLEX. DOWNSTREAM —edge of woods _. INSTALL 8 CY CL.- 1111RIP RAP WATER: LAKE LUCY ENERGY DISSIPATION ' delineated wet/and DISTURBED BUF�`ER' : .SEA ISI I wO�s / VIII SHALL BE R Q �W DOT I I— I—III— D M I X 318 I I ed e I I y of delineated wetland, Home . 5 R/� a S�EPO , —T — I I TSI I G PR/ /S/(,J, T7 I . ,� {o 10�� _ y �Q .- - .j L o G ` -2 '-- gdge of- C ' ° , ,4i , _� = IIS - T ,; � � I owooe�\5,\N uR " __ TI RRaq 111 '! DO NOT l Up So;/` R£qs D/ST , i INSTALL 8 CY CL III RI ENERGY DISSIPATIO —I , At N G ,DISK R! --- - - _ r SED / MUL' i F�1�- r _ - i i i LOT AREA f ,_=I = o ,S i TURBED °fie `,,bt I r ti i FOR "H M1= � � _ _ ! Q CO A -_ T.`i LL BE , , �'� ``—.-. .. � '�,"�; _ : �-. r �- sex, v"'eb of 7•�-�—�Tt— ;. , -__... f._(.�{ ,�,_ ;� ? 11=! I I ✓' i a �.. - �/ — i (poor trate C _I I, SODDED FOR FI - S ILIZAT_ �,r 4-3 .rR. °x°° =1I1=STI= ! I—_fl_(= _ _' __ .__j-. =111 1 i�l1r�_I 1=1LI= '�► GUR/ Oo N r - {— otanJ =111 11—I ff—I I (—III—III—T ♦ NG p OT ./ �. — fh— I1-11 rr -! II= I m�rlrri III - - -- !�lq sem[. � ter_,- - I�,•� R N` C �'u ,: . '• `• `u � � = = ri� 11—_I= 1-► I h v % i �' ` I — It �'� I—I�� .-- ` . - 71 IT_.._Tll—!11 111—I IJ. � I'-•11—! I — ' ,• ' �• — edge ,. � �•--.=_-_ _ =1 ��- — 1I g woods— _ _ WOODS __ curb stop ��--- i—T y x -- - -- LZ I I I —Irl— I II, II ,. .. , ` •/S __ ,y ,., ,`�, .. _ I • —edge of delineated wet/and ---- INSTALL & MA7NAt� \ 4- ----- - -odye of delineated wets __�-� / /� '\ ' , A000s ROCK CONST. ENTR1� CE and— / INSTALL & MAINTAIN ?� INLET PROTECTION �? a`.. > SEDIMENT AND EROSION CONTROL NOTES 1. CONTRACTOR SHALL BE FAMILIAR WITH AND FOLLOW ALL REQUIREMENTS OF THE MPCA NPDES PHASE II PERMIT FOR CONSTRUCTION ACTIVITIES. THE CONTRACTOR SHALL CONDUCT WEEKLY EROSION CONTROL INSPECTIONS, INSPECTIONS AFTER 24 HOUR RAINFALL EVENTS OF 0.5' OR MORE AND MAINTAIN INSPECTION LOGS THAT INCLUDE CORRECTIVE MEASURES TAKEN. BY BEGINNING CONSTRUCTION, THE CONTRACTOR ACKNOWLEDGES THE TERMS OF THIS PERMIT AND AGREES TO ABIDE BY THEM. 2. ALL SILT FENCE & TREE PROTECTION FENCE SHALL BE INSTALLED PRIOR TO ANY GRADING ACTIVITY. 3. ALL DISTURBED AREAS SHALL BE RESTORED WITH A MINIMUM OF 4 INCHES TOPSOIL, SEEDED WITH MN/DOT SEED MIXTURE 270 (70 LBS/ACRE) AND MULCHED WITH MN/DOT TYPE 1 MULCH (2 TON/ACRE & DISC ANCHORED) UNLESS OTHERWISE NOTED. ALL EXPOSED SOIL AREAS MUST BE STABILIZED AS SOON AS POSSIBLE BUT IN NO CASE LATER THAN 14 DAYS AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR TEMPORARY DITCHES, PIPING, OR OTHER MEANS REQUIRED TO INSURE PROPER DRAINAGE DURING CONSTRUCTION. 5. ALL WATER FROM DEWATERING MUST BE DISCHARGED IN A MANNER THAT DOES NOT CAUSE NUISANCE CONDITIONS, EROSION IN RECEIVING CHANNELS OR ON DOWNSLOPE PROPERTIES. 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL EROSION CONTROL DEVICES UNTIL SITE HAS A UNIFORM VEGETATIVE COVER WITH A DENSITY OF 70% OVER THE ENTIRE PERVIOUS AREA. MAINTENANCE SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: a. REMOVE SEDIMENT FROM DITCHES WHEN HALF FULL AND UPON COMPLETION OF CONSTRUCTION. (WITHIN 72 HOURS) b. REMOVE SILT WHEN ACCUMULATION REACHES ONE-THIRD THE HEIGHT OF THE SILT FENCE. (WITHIN 24 HOURS) c. MAINTAIN ROCK CONSTRUCTION ENTRANCE. REPLACEMENT DURING CONSTRUCTION MAY BE NECESSARY. d. ANY DEPOSITING OF SILT OR MUD ON NEW OR EXISTING STORM SEWERS OR SWALES SHALL BE REMOVED AFTER EACH RAIN AND AFFECTED AREAS CLEANED. DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION CSO. r -SQ AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER CHECKED l( 1 UN F THOF -TH STATE OF MINNESOTA. f/1) Cara M. Schwah to UCENSE 40433 DATE: 1 7. THE CONTRACTOR SHALL BE RESPONSIBLE FOR KEEPING EXISTING PAVED SURFACES CLEAN OF SEDIMENT AND MUD. SEDIMENT & MUD SHALL BE REMOVED WITHIN 24 HOURS OF DISCOVERY. 8. THE CONTRACTOR SHALL INSTALL AND MAINTAIN INLET PROTECTION THROUGHOUT CONSTRUCTION. 9. COLLECTED SEDIMENT, ASPHALT AND CONCRETE MILLINGS, FLOATING DEBRIS, PAPER, PLASTIC, FABRIC, CONSTRUCTION AND DEMOUTION DEBRIS AND OTHER WASTES MUST BE DISPOSED OF PROPERLY AND MUST COMPLY WITH MPCA DISPOSAL REQUIREMENT'S. 10. STORAGE AND DISPOSAL OF OIL, GASOLINE, PAINT AND ANY HAZARDOUS SUBSTANCES MUST BE IN COMPLIANCE WITH MPCA REGULATIONS. 11. EXTERNAL WASHING OF TRUCKS AND OTHER CONSTRUCTION VEHICLES MUST BE LIMITED TO A DEFINED AREA OF THE SITE & CLEARLY LABELED AS SUCH. RUNOFF MUST BE CONTAINED AND WASTE PROPERLY DISPOSED OF. NO ENGINE DEGREASING IS ALLOWED ON SITE. 12 ALL LIQUID AND SOLID WASTES GENERATED BY CONCRETE WASHOUT OPERATIONS MUST BE DONE VIA MOBILE WASHOUT ON EACH TRUCK. DEVELOPER: GALPIN BLVD PARTNERS, LLC P.O. BOX 8 - TEVE KRLEGEND CHANHASSEN, MN 55317 —SF—SF- SILT FENCE —TPF --T"- TREE PRESERVATION FENCE (W/METAL T -POSTS) CONTRACTOR: EROSION CONTROL BLANKET I I=II WETLAND BUFFER "NSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN STORMWATER POLLUTION PREVENTION PLAN (SWPPP) SHEET NO. 6 OF 9 SHEETS ECT NO: 2-12-0191 12/12/12 www.ottoessociates.com TTo 9 west Division Street Buffalo, MN 55313 (76382-4727 380CIAT'ES Fax: (763)682-3522 8 Land Surveyors, Inc. DEVELOPER: GALPIN BLVD PARTNERS, LLC P.O. BOX 8 - TEVE KRLEGEND CHANHASSEN, MN 55317 —SF—SF- SILT FENCE —TPF --T"- TREE PRESERVATION FENCE (W/METAL T -POSTS) CONTRACTOR: EROSION CONTROL BLANKET I I=II WETLAND BUFFER "NSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN STORMWATER POLLUTION PREVENTION PLAN (SWPPP) SHEET NO. 6 OF 9 SHEETS ECT NO: 2-12-0191 12/12/12 NOTES: I_ R P I 1. Shope of back of buttress may vary as long as poured against firm undisturbed earth. 2. Dimension C1,C2,C3 should be large enough to make angle D equal to or larger than 45'. 3. Dimension A1,A2,A3 should be as large as possible without interfering with MJ bolts. 4. 0 = 45' Minimum. Z D O LD 7.5 Minimum cover required a wATER Tyler No. 6860 Mueller No. H-10361 over top of water main. CONCRETE BLOCK (Tm.) Na - ti ® Bibby -Ste -Croix No. B-5160 Provide Volve Stem Risers to on -no w J m CL Street PL I-( To Within 6" Of The Surface DO m b W Variable If The Distance From CL PL 3 ¢ o The Top Nut Of The Volve To r u w The Surface Is Greater Than 8. VARIABLE FENCE U i m'u 1gp' Grade TEES9. POSTS CL p m �_ M- TOP Adjust top to 3/4" below 5. Place polyethylene between o 4 w S" 'NIYT ,L ,� io g wm Tyler No. 6860 26" grade. Box to be set to concrete &pipe. �? 4'i- J w w wo 6' Metal fence ost Mueller No. H-10361 26" provide 12" of adjustment. 6. All bends & fittings shall o y o � > m u VC a rI denoting curb box. Bibby -Ste -Croix No. VB 502 27" Note: be restrained with Megolugs �' U Z c2 p iv < e r ow Top 6" painted blue. CONDUCTIVITY STRAPS TO BE PLACED AROUND thrust restraints or equal P: g r W a� MEGALUG BOLTS AND WELDED TO WATER MAIN. B -See note 4 Oz m ¢N <0 Curb box with 1 1/4 Tyler No. 6860 e z IJ a uw standpipe and stationary rod a -see note 4 O D ; J Mueller No. H-10357 uT y u a: ay<< EXTENSION Bibby -Ste -Croix B-5001 a WYE PLUGGED EN A v c o m a�"4aW� Tyler No. 59 No. 58 fig" Gate valve box, screw type, 1/8 BEND al ° A o n r Os2- 3 piece. 5 1 4" shaft, size n�7�ma No. 60 24" G box, 7P 1/4' N 6" PVC SDR -26 PIPE MIN. SLOPE 1/4" PER FOOT o .- �mQ�� Mueller No. 58 14" p6 round base+.SS HYDRANT LEADS B c v z Bo ,o ozJvi i No. 59 20" '9 Bibby -Ste -Croix 2"X2" MARKER °. A U 'XVW ,9'L �xu< Water Service V8520 No. 57 9" Gate Valve Adapter: 1/4" ,. m Q um aW 1f7 Steel With ProtectiveL 1/2 PIPE DIAMETER MIN. SEE NOTE 2. y > x id 4)k' 3< n 1" Type "K" Copper V8521 No. 58 14" ` f CL E �. S maw u 1"xt" Corporation Cock Contin 1 2" Rubber < VB 522 No. 59 20" 9 / A rn o voi ` 5, Gasket Installed Between x w� o: VB523 No. 60 26" SANITARY SEWER wxuoj" The Gate Valve And c wim�3= Concrete Block Support Gate Valve Adapter. GRAVITY MAIN PLAN 90' BENDS PLAN 45' BENDS o / zo�a J�J<R OB TTOM 'o m0 2< arm Tyler No. 6860 65" _ XZ_;Q :7xno v,Z Mueller No. H-10361 65" Mueller or American SANITARY SEWER SERVICE CONNECTION DETAIL p < w� Water Moin Variable 3' Min a -See note a uau xiul r`+ a:a Bibby -Ste -Croix No. VB516 60" Flow Control SERVICES TO BE USED IN CONJUNCTION WITH PLASTICPIPED W - z owz�w 60" Resilient Wedge Valve-• S �z w, YS + �maopmw MAINS FOR DEPTH OF COVER 16 FEET OR LESS. a m NOTES: Conform in to AWWA ui o o: a a: wl=a 9TES 3o�''u a:a u+oft�ww x�a:uJ� Valve and Boz t° be C-515-80 StandardsLUGCONCRETE SHALL BE A ga:N w m% <wk' "' N�NN2. Ad1. Dod 61' cnmpedd pigtalof rto scourpb stop. plastic wrapped per With All StainlessKENOS 0 ES IN CONTACT WITH A g m w�i1� m`�<a gZun° �u� €vjpzzina 3. The copper service line between the main and curb box BASE Section 2.03a Steel Nuts &Bolts. N T THIS QUADRANT TO • .• inpma' ww u <Fo miNn' ¢�Zo��'a= shall be one continous piece of piping, splices will not be permitted 1. SOLVENT WELD ALL JOINTS. (NON GASKETED) OF PIPE o w ""`' mm o' w a `" o -o Qmzl� zQ 4. Corporation cock to be 1" x 1" inside diameter. T.SrM GALUGs i0 BE uSEO AT ALL MECHANICAL JOINTS. 2. WHEN SANITARY SEWER SERVICE IS NOT ACCOMPANIED BY A WATER SERVICE IN -•_ m Z Z m o V G a aJ _ 4 z �= 5. Saddles required on 6" DIP or smaller mains and all mains 2F. PLACE CONCRETE BLOCK UNDER ALL GATE VALVES THE SAME TRENCH, INSTALL A 6' HEAVY METAL FENCE POST NEXT TO 2 X 2 3, 000� ur�u_+ wr= j?�v1�� and all mains 12" ar larger. allo HYDRANTS. MARKER AND PAINT TOP 6" OF POST FLORESCENT GREEN. BEDDING MATERIAL = ��<I= ��u�w zm`vui «a<xaa B. Saddles when required shall be Ford style F202 double strop. 3. THRUST BLOCKING AT ALL TEES, BENDS, AND 3. CLEANOUT REQUIRED ON PRIVATE PROPERTY IF DISTANCE FROM MAIN TO HOUSE UNDISTURBED EARTH • wmuu ma< v <, w,t <"in avid 7. Stainless steel saddles required on all PVC watermain. AT CERTAIN HYDRANTS. EXCEEDS 90 FEET. CONCRETE x z wJ m m i- ". 'i,Y;k'y'-' ' ro- 4. ALL FITTINGS. NUTS, AND BOLTS SHALL BE SPRAYED Q w a i w Q i y¢7 0 4. ALL PIPE SHALL BE BEDDED ON GRANULAR BORROW 314A OR COURSE FILTER SECTION A -A PLAN 22 1 /2' BENDS 6 a a w i Olin i yi a z USING A BITUMINOUS COAL TAR COAT SUPPLIED BY my Of TYPICAL 18"X18"XB" Concrete Block THE MANUFACTURER. SLEEVES AGGREGATE (3149H). l{Alll�yO S BLOCKING AGAINST UNDISTURBED SOILS. WATER �Op CONCRETE Ulu TYPICAL CBIAHLSS� SERVICE �QF TYPICAL GATE VALVE �OF TYPICAL �OF TYPICAL SANITARY Comm UST 411IYf HYDRANT �$j�m�� MEGALUG WIN= 4llR11 1R11 BLOCKING am=INSTALLATION FILE NA:2-11 Pure "° 1005 AND BOX INSTALLATION ENGINEERING DEPARTMENT0 LOCATION0 SEWER SERVICE FILE NAAff: C: ENC SPECS 1005 REVISED: 2-08 PLATE NO.: REVISED: 3-09 PLATE NO.: REVISEM2-09 PLATE NO.: REVISED: 3-09 PLATE NO.: REVISED: 3-09 PLATE NO.: 2001 ENGINEERING DEPARTMENT 1002 ENGINEERING DEPARTMENT 1004 ENGINEERING DEPARTMENT 1006 ENGINEERING DEPARTMENT 1009 ENGINEERING DEPARTMENT FILE NAME: G:\ENC\SPECS\1002 I I FILE NAME: G:\ENG\SPECS\1004 I FlLE LANAE: G: ENG SPECS 1°08 I FILE NAME: G:\ENG\SPECS\1009 I FILE NAME: G: NG SPECS 2001 2 Manhole Casting and Adjusting - 1.5" SIT. WEAR Ring (See Plate 2110) 2" BIT BASE Provide I&I Barrier on all sonitory I&I BARRIER sewer manhole(see plate 2109) SEE �EATAIL 2109 HDPE 0ompacted Normal Fill PRECAST COCORR��CRETE Use MNDOT 3149.2A Material, Compacted to MANHOLE FRAME AND COVER ADJUSTING NGS Granular Borrow 95% of the Standard RINGS SHALL BE SET ON ABS Proctor Density Manhole steps shall be SEALANT OR APPROVED EQUAL. Neenah R -1981J, 16" on center. "1/1 BARRIER" INNER 6" THICK CONCRETE b Steps Shall be on Downstream MANHOLE RING SEAL 1 27" COLLAR Side Unless Pipe Diameter is -HDPE OR PRECAST 1 'a AS MANUFACTURED CONCRETE ADJUSTING RINGS VARIES �^ 18" or Larger BY STRIKE PRODUCTS" Compacted All joints in manhole to have "O"ring OR APPROVED EQUAL T' -I I I („ h Bockfill -�- rubber gaskets. Infi-shield external NOTE: 2 -PIECE COVER RISER RINGS ARE NOT ALLOWED. - _ i- a _ + + + + + + ++ + + + + + + + + ++ seals or as directed by the Engineer. PRECAST, BLOCK, OR 27" - _ Use MNOOT 3149.214 -I _III o 12" + + + + + + + a + + + + + + + + + BRICK MANHOLE CONE • MASTIC SEAL BETWEEN i- Varies > + + + + +++++ A Maximum of 2 Short Manhole Course Filter Agg._ 4'-0" Risers to be Used Directly CORBEL a FRAME AND STRUCTURE BIT. WEAR COURSE ADJ. DETAIL - - III - (Pipe Foundation + + + + + + + i- Embedment Below Cone Section Material if �: � - _ _ I- - + + + + + + + + + + + Required) -I---��I---II + + + + + 5q a+ + + + Material Pipe Sh011 be Cut out flush < I=I -III + + a + + �' 7 + + + _ with Inside tote of wall. The bottom of the trench shall be -I I -ITi Iii-III-ITI-I II -I 6^ + + + + + + + + + + a 5" shaped lit the pipe barrel for of + + Shaped + 'o Kor-n-seal required. least SO% of the outside diameter Foundation - > CASTING SHALL BE NEENAH# R-1642 OR - Natural Ground to pipe / , , , / / If Required MCI 309 AND SHALL INCLUDE SELF SEALING VARIES Pipe Dia. x 0.5 Min. (see Note 1) e TYPE LIDS STAMPED SANITARY SEWER OR r _ ,' • : wr Precast Inverts Must be 1/2 of STORM SEWER AS APPROPRIATE WITH TWO L 'iia" Denotes outside _ CONCEALED PICK HOLES diameter of pipe Pipe Diameter and Benches 48'• SECTION VIEW Slaved 2" Toward the Invert INFI-SHIELD EXTERNAL SEALS �_ SIT. BASE diameter of pipe Denotes outside AT BARREL AND CONE OR BINDER diameter SECTION JOINTS ON Minimum thickness of precast boss is SANITARY APPLICATIONS OR MIN. (2-2") ADJ. RINGS AND APPROVED EQUAL AS MAX. (3-4 ) ADJ. RINGS HDPE OR 6" for 14' deep or less, and increases REQUIRED BY THE ENGINEER. (1-2" RING WITH PRECAST CONCRETE 1" in thickness for every 4' of depth MORTOR - 0.2') ADJUSTING RINGS greater than 14'. 1 ` NOTES. I&I BARRIER 6" THICK CONCRETE NOTES: 27" 1. When existing soil conditions ore not acceptable for backfill and/or compaction SEE DEATAIL 2109 COLLAR in the pipe zone, pipe bedding and backfill shall be used as shown on detail plate 2201. NOTE NOTES, NOSES, embedment material if needed. Pi 1. A soils Engineer will be required to determine the depth of the pipe foundation 1. Kor-n-seal manhole or equal considered acceptable alternate. 1. TRIM TOP OF SEAL TO 1" ABOVE TOP OF RINGS. pe foundation material shall be in accordance 2. All do houses shall be routed on inside and outside. 1. When existing soil conditions are not acceptable for backfill and/or compaction g g CASTING SHOULD dQ REST ON SEAL. BIT. BASE OR BINDER COURSE ADJ. DETAIL in the pipe zone, pipebeddingand backfill sholl be used as shown above. 2. f soils engineer will be required to determine the depth n the pipe with .MNOOT bedding 314hall course filter aggregate. 3. When the manhole or catch basin structure is constructed 2. PLACE "MASTIC" ON TOP OF CONE SECTION AND BENEATH SEAL. Pp 9 foundation embedment material if needed. Pipe foundation material shall 2. P.V.C. bedding"shall be MNDOT 3149.28 select granular borrow with 100% outside the traveled roadwaya witness post and sin MH 2. A soils engineer will be required to determine the depth of the pipe passing / passing a NO. 200 sieve. P 9 ( ) 3. NOT TO BE USED WHEN THERE ARE MORE THAN 5 RINGS OR NO RINGS. be accordance with MNDOT 3149.214 course filter aggregate. assin a 3 4 sieve, and less than 109. shotl be installed next to the monhole. 4. CONTRACTOR SHALL INSTALL THE SEALS, THEN CONTACT THE CITY NOTES: foundation embedment material if needed. Pipe foundation material shall UTILITY SUPERINTENDENT FOR INSPECTION AT(952)227-1300. 1. PRECAST CONCRETE ADJUSTING RINGS SHALL BE BEDDED WITH 1/4" TO 1/2" be accordance with MNOOT 3149.214 course filter aggregate. 3. The Bottom of the Trench Shall be Shaped to Fit the Pipe Barrel for at MORTAR. Least 50% of the Outside Diameter. 2. HDPE ADJUSTING RINGS SHALL BE BEDDED WITH SEALANT MANUFACTURED �1��1 BY LADTECH INC. OR APPROVED EQUAL. �1�1�j�pY PIPE BEDDING �1,dmlltO�F STANDARD �fp 0��0�� I & I ALL ADJUSTS SHALL INCLUDE NEW RINGS FROM CASTING TO CONE. W��lpi� PIPE BEDDING WIIOF IN GOOD SOILS �ry 411 1 MANHOLE BARRIER /�''� Wlsl�i11YlOrrll IN POOR SOILS RCP & DIP Off PIPE BEDDING REVISED; 3_72 PLATE NO.: REVISED: 1-t0 PLATE LA0: Vl 0 MANHOLE CASTING AND REVISED: 1-10 PLATE NO.: REMSED:1-10 PLATE NO.: FOR P.V.C. PIPE ENGINEERING DEPARTMENT 2101 ENGINEERING DEPARTMENT 2109 ADJUSTING DETAIL ENGINEERING DEPARTMENT 2201 ENGINEERING DEPARTMENT 2202 FILE NAME: G: NC ECS 101 FILE NAME: G: NG SPECS 2109 �M�IBMI\]ll� FILE NAME: G: NG SPECS 2207 FILE NAME, G: NG SPECS 20 lYfs�l�lYl6� REVISED: 2-70 ENGINEERING DEPARTMENT �'rE "°.: REVISED: 2-11 PLATE NO.: 2110 FIL NAME: G: ENG SPECS 2203 27`03 ENGINEERING DEPARTMENT FILE NAME: C: ENG SPECS 211° V. NO. DATE BY DESCRIPTION DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT www.otibassociates.com PROJECT NO: WAS PREPEDSION CS.o. CSO. D THAT IMAM AYDULY OLICENSED PROFESSIONAL ENUNDER MY DIRECT GINEER WYNSONG LAND THE LAWS OF�TE TMINNESOTA. 9WestDivisionStreet DETAILS 2-12-0191 NECKED Buffalo, MN 55313ATT (763)682-0727 GALPIN BLVD PARTNERS, LLC 3801 T£S Fax: (763)682-3522 DATE: LICE M. Schwohn Io CHANHASSEN, MN SHEET N 0 . 7 0 F 9 SHEETS 12/12/12 LICENSE rq 40433 DATE: Z Engineers Land Surveyors, Inc. BUTTRESS DIMENSIONS PIPE 22 1/2' BEND 45' BEND 90' BEND/TEE SIZE 81 01 82 D2 B3 03 6" V-5" V-5" V-5" V-5" 2'-1" V -6- W V-5" l'-5" 2'-1" V-6" 2'-8" 2'-0" 12" V-10" V-10" 3'-4" 2'-0" 4'-9" 2'-6" 16" 3,-O" 2'-0" 3'-10" 3'-0" 6'-2" 3'-6" 20" 3'-6" 2'-8" 5'-6' 3'-4" 8'-4" 24" 4'-4" 3'-0" 6'-10" 3'-10' 9'-8" 30"- - 9'-3" 6'-0" 17'-0 Z D O LD 7.5 Minimum cover required a wATER Tyler No. 6860 Mueller No. H-10361 over top of water main. CONCRETE BLOCK (Tm.) Na - ti ® Bibby -Ste -Croix No. B-5160 Provide Volve Stem Risers to on -no w J m CL Street PL I-( To Within 6" Of The Surface DO m b W Variable If The Distance From CL PL 3 ¢ o The Top Nut Of The Volve To r u w The Surface Is Greater Than 8. VARIABLE FENCE U i m'u 1gp' Grade TEES9. POSTS CL p m �_ M- TOP Adjust top to 3/4" below 5. Place polyethylene between o 4 w S" 'NIYT ,L ,� io g wm Tyler No. 6860 26" grade. Box to be set to concrete &pipe. �? 4'i- J w w wo 6' Metal fence ost Mueller No. H-10361 26" provide 12" of adjustment. 6. All bends & fittings shall o y o � > m u VC a rI denoting curb box. Bibby -Ste -Croix No. VB 502 27" Note: be restrained with Megolugs �' U Z c2 p iv < e r ow Top 6" painted blue. CONDUCTIVITY STRAPS TO BE PLACED AROUND thrust restraints or equal P: g r W a� MEGALUG BOLTS AND WELDED TO WATER MAIN. B -See note 4 Oz m ¢N <0 Curb box with 1 1/4 Tyler No. 6860 e z IJ a uw standpipe and stationary rod a -see note 4 O D ; J Mueller No. H-10357 uT y u a: ay<< EXTENSION Bibby -Ste -Croix B-5001 a WYE PLUGGED EN A v c o m a�"4aW� Tyler No. 59 No. 58 fig" Gate valve box, screw type, 1/8 BEND al ° A o n r Os2- 3 piece. 5 1 4" shaft, size n�7�ma No. 60 24" G box, 7P 1/4' N 6" PVC SDR -26 PIPE MIN. SLOPE 1/4" PER FOOT o .- �mQ�� Mueller No. 58 14" p6 round base+.SS HYDRANT LEADS B c v z Bo ,o ozJvi i No. 59 20" '9 Bibby -Ste -Croix 2"X2" MARKER °. A U 'XVW ,9'L �xu< Water Service V8520 No. 57 9" Gate Valve Adapter: 1/4" ,. m Q um aW 1f7 Steel With ProtectiveL 1/2 PIPE DIAMETER MIN. SEE NOTE 2. y > x id 4)k' 3< n 1" Type "K" Copper V8521 No. 58 14" ` f CL E �. S maw u 1"xt" Corporation Cock Contin 1 2" Rubber < VB 522 No. 59 20" 9 / A rn o voi ` 5, Gasket Installed Between x w� o: VB523 No. 60 26" SANITARY SEWER wxuoj" The Gate Valve And c wim�3= Concrete Block Support Gate Valve Adapter. GRAVITY MAIN PLAN 90' BENDS PLAN 45' BENDS o / zo�a J�J<R OB TTOM 'o m0 2< arm Tyler No. 6860 65" _ XZ_;Q :7xno v,Z Mueller No. H-10361 65" Mueller or American SANITARY SEWER SERVICE CONNECTION DETAIL p < w� Water Moin Variable 3' Min a -See note a uau xiul r`+ a:a Bibby -Ste -Croix No. VB516 60" Flow Control SERVICES TO BE USED IN CONJUNCTION WITH PLASTICPIPED W - z owz�w 60" Resilient Wedge Valve-• S �z w, YS + �maopmw MAINS FOR DEPTH OF COVER 16 FEET OR LESS. a m NOTES: Conform in to AWWA ui o o: a a: wl=a 9TES 3o�''u a:a u+oft�ww x�a:uJ� Valve and Boz t° be C-515-80 StandardsLUGCONCRETE SHALL BE A ga:N w m% <wk' "' N�NN2. Ad1. Dod 61' cnmpedd pigtalof rto scourpb stop. plastic wrapped per With All StainlessKENOS 0 ES IN CONTACT WITH A g m w�i1� m`�<a gZun° �u� €vjpzzina 3. The copper service line between the main and curb box BASE Section 2.03a Steel Nuts &Bolts. N T THIS QUADRANT TO • .• inpma' ww u <Fo miNn' ¢�Zo��'a= shall be one continous piece of piping, splices will not be permitted 1. SOLVENT WELD ALL JOINTS. (NON GASKETED) OF PIPE o w ""`' mm o' w a `" o -o Qmzl� zQ 4. Corporation cock to be 1" x 1" inside diameter. T.SrM GALUGs i0 BE uSEO AT ALL MECHANICAL JOINTS. 2. WHEN SANITARY SEWER SERVICE IS NOT ACCOMPANIED BY A WATER SERVICE IN -•_ m Z Z m o V G a aJ _ 4 z �= 5. Saddles required on 6" DIP or smaller mains and all mains 2F. PLACE CONCRETE BLOCK UNDER ALL GATE VALVES THE SAME TRENCH, INSTALL A 6' HEAVY METAL FENCE POST NEXT TO 2 X 2 3, 000� ur�u_+ wr= j?�v1�� and all mains 12" ar larger. allo HYDRANTS. MARKER AND PAINT TOP 6" OF POST FLORESCENT GREEN. BEDDING MATERIAL = ��<I= ��u�w zm`vui «a<xaa B. Saddles when required shall be Ford style F202 double strop. 3. THRUST BLOCKING AT ALL TEES, BENDS, AND 3. CLEANOUT REQUIRED ON PRIVATE PROPERTY IF DISTANCE FROM MAIN TO HOUSE UNDISTURBED EARTH • wmuu ma< v <, w,t <"in avid 7. Stainless steel saddles required on all PVC watermain. AT CERTAIN HYDRANTS. EXCEEDS 90 FEET. CONCRETE x z wJ m m i- ". 'i,Y;k'y'-' ' ro- 4. ALL FITTINGS. NUTS, AND BOLTS SHALL BE SPRAYED Q w a i w Q i y¢7 0 4. ALL PIPE SHALL BE BEDDED ON GRANULAR BORROW 314A OR COURSE FILTER SECTION A -A PLAN 22 1 /2' BENDS 6 a a w i Olin i yi a z USING A BITUMINOUS COAL TAR COAT SUPPLIED BY my Of TYPICAL 18"X18"XB" Concrete Block THE MANUFACTURER. SLEEVES AGGREGATE (3149H). l{Alll�yO S BLOCKING AGAINST UNDISTURBED SOILS. WATER �Op CONCRETE Ulu TYPICAL CBIAHLSS� SERVICE �QF TYPICAL GATE VALVE �OF TYPICAL �OF TYPICAL SANITARY Comm UST 411IYf HYDRANT �$j�m�� MEGALUG WIN= 4llR11 1R11 BLOCKING am=INSTALLATION FILE NA:2-11 Pure "° 1005 AND BOX INSTALLATION ENGINEERING DEPARTMENT0 LOCATION0 SEWER SERVICE FILE NAAff: C: ENC SPECS 1005 REVISED: 2-08 PLATE NO.: REVISED: 3-09 PLATE NO.: REVISEM2-09 PLATE NO.: REVISED: 3-09 PLATE NO.: REVISED: 3-09 PLATE NO.: 2001 ENGINEERING DEPARTMENT 1002 ENGINEERING DEPARTMENT 1004 ENGINEERING DEPARTMENT 1006 ENGINEERING DEPARTMENT 1009 ENGINEERING DEPARTMENT FILE NAME: G:\ENC\SPECS\1002 I I FILE NAME: G:\ENG\SPECS\1004 I FlLE LANAE: G: ENG SPECS 1°08 I FILE NAME: G:\ENG\SPECS\1009 I FILE NAME: G: NG SPECS 2001 2 Manhole Casting and Adjusting - 1.5" SIT. WEAR Ring (See Plate 2110) 2" BIT BASE Provide I&I Barrier on all sonitory I&I BARRIER sewer manhole(see plate 2109) SEE �EATAIL 2109 HDPE 0ompacted Normal Fill PRECAST COCORR��CRETE Use MNDOT 3149.2A Material, Compacted to MANHOLE FRAME AND COVER ADJUSTING NGS Granular Borrow 95% of the Standard RINGS SHALL BE SET ON ABS Proctor Density Manhole steps shall be SEALANT OR APPROVED EQUAL. Neenah R -1981J, 16" on center. "1/1 BARRIER" INNER 6" THICK CONCRETE b Steps Shall be on Downstream MANHOLE RING SEAL 1 27" COLLAR Side Unless Pipe Diameter is -HDPE OR PRECAST 1 'a AS MANUFACTURED CONCRETE ADJUSTING RINGS VARIES �^ 18" or Larger BY STRIKE PRODUCTS" Compacted All joints in manhole to have "O"ring OR APPROVED EQUAL T' -I I I („ h Bockfill -�- rubber gaskets. Infi-shield external NOTE: 2 -PIECE COVER RISER RINGS ARE NOT ALLOWED. - _ i- a _ + + + + + + ++ + + + + + + + + ++ seals or as directed by the Engineer. PRECAST, BLOCK, OR 27" - _ Use MNOOT 3149.214 -I _III o 12" + + + + + + + a + + + + + + + + + BRICK MANHOLE CONE • MASTIC SEAL BETWEEN i- Varies > + + + + +++++ A Maximum of 2 Short Manhole Course Filter Agg._ 4'-0" Risers to be Used Directly CORBEL a FRAME AND STRUCTURE BIT. WEAR COURSE ADJ. DETAIL - - III - (Pipe Foundation + + + + + + + i- Embedment Below Cone Section Material if �: � - _ _ I- - + + + + + + + + + + + Required) -I---��I---II + + + + + 5q a+ + + + Material Pipe Sh011 be Cut out flush < I=I -III + + a + + �' 7 + + + _ with Inside tote of wall. The bottom of the trench shall be -I I -ITi Iii-III-ITI-I II -I 6^ + + + + + + + + + + a 5" shaped lit the pipe barrel for of + + Shaped + 'o Kor-n-seal required. least SO% of the outside diameter Foundation - > CASTING SHALL BE NEENAH# R-1642 OR - Natural Ground to pipe / , , , / / If Required MCI 309 AND SHALL INCLUDE SELF SEALING VARIES Pipe Dia. x 0.5 Min. (see Note 1) e TYPE LIDS STAMPED SANITARY SEWER OR r _ ,' • : wr Precast Inverts Must be 1/2 of STORM SEWER AS APPROPRIATE WITH TWO L 'iia" Denotes outside _ CONCEALED PICK HOLES diameter of pipe Pipe Diameter and Benches 48'• SECTION VIEW Slaved 2" Toward the Invert INFI-SHIELD EXTERNAL SEALS �_ SIT. BASE diameter of pipe Denotes outside AT BARREL AND CONE OR BINDER diameter SECTION JOINTS ON Minimum thickness of precast boss is SANITARY APPLICATIONS OR MIN. (2-2") ADJ. RINGS AND APPROVED EQUAL AS MAX. (3-4 ) ADJ. RINGS HDPE OR 6" for 14' deep or less, and increases REQUIRED BY THE ENGINEER. (1-2" RING WITH PRECAST CONCRETE 1" in thickness for every 4' of depth MORTOR - 0.2') ADJUSTING RINGS greater than 14'. 1 ` NOTES. I&I BARRIER 6" THICK CONCRETE NOTES: 27" 1. When existing soil conditions ore not acceptable for backfill and/or compaction SEE DEATAIL 2109 COLLAR in the pipe zone, pipe bedding and backfill shall be used as shown on detail plate 2201. NOTE NOTES, NOSES, embedment material if needed. Pi 1. A soils Engineer will be required to determine the depth of the pipe foundation 1. Kor-n-seal manhole or equal considered acceptable alternate. 1. TRIM TOP OF SEAL TO 1" ABOVE TOP OF RINGS. pe foundation material shall be in accordance 2. All do houses shall be routed on inside and outside. 1. When existing soil conditions are not acceptable for backfill and/or compaction g g CASTING SHOULD dQ REST ON SEAL. BIT. BASE OR BINDER COURSE ADJ. DETAIL in the pipe zone, pipebeddingand backfill sholl be used as shown above. 2. f soils engineer will be required to determine the depth n the pipe with .MNOOT bedding 314hall course filter aggregate. 3. When the manhole or catch basin structure is constructed 2. PLACE "MASTIC" ON TOP OF CONE SECTION AND BENEATH SEAL. Pp 9 foundation embedment material if needed. Pipe foundation material shall 2. P.V.C. bedding"shall be MNDOT 3149.28 select granular borrow with 100% outside the traveled roadwaya witness post and sin MH 2. A soils engineer will be required to determine the depth of the pipe passing / passing a NO. 200 sieve. P 9 ( ) 3. NOT TO BE USED WHEN THERE ARE MORE THAN 5 RINGS OR NO RINGS. be accordance with MNDOT 3149.214 course filter aggregate. assin a 3 4 sieve, and less than 109. shotl be installed next to the monhole. 4. CONTRACTOR SHALL INSTALL THE SEALS, THEN CONTACT THE CITY NOTES: foundation embedment material if needed. Pipe foundation material shall UTILITY SUPERINTENDENT FOR INSPECTION AT(952)227-1300. 1. PRECAST CONCRETE ADJUSTING RINGS SHALL BE BEDDED WITH 1/4" TO 1/2" be accordance with MNOOT 3149.214 course filter aggregate. 3. The Bottom of the Trench Shall be Shaped to Fit the Pipe Barrel for at MORTAR. Least 50% of the Outside Diameter. 2. HDPE ADJUSTING RINGS SHALL BE BEDDED WITH SEALANT MANUFACTURED �1��1 BY LADTECH INC. OR APPROVED EQUAL. �1�1�j�pY PIPE BEDDING �1,dmlltO�F STANDARD �fp 0��0�� I & I ALL ADJUSTS SHALL INCLUDE NEW RINGS FROM CASTING TO CONE. W��lpi� PIPE BEDDING WIIOF IN GOOD SOILS �ry 411 1 MANHOLE BARRIER /�''� Wlsl�i11YlOrrll IN POOR SOILS RCP & DIP Off PIPE BEDDING REVISED; 3_72 PLATE NO.: REVISED: 1-t0 PLATE LA0: Vl 0 MANHOLE CASTING AND REVISED: 1-10 PLATE NO.: REMSED:1-10 PLATE NO.: FOR P.V.C. PIPE ENGINEERING DEPARTMENT 2101 ENGINEERING DEPARTMENT 2109 ADJUSTING DETAIL ENGINEERING DEPARTMENT 2201 ENGINEERING DEPARTMENT 2202 FILE NAME: G: NC ECS 101 FILE NAME: G: NG SPECS 2109 �M�IBMI\]ll� FILE NAME: G: NG SPECS 2207 FILE NAME, G: NG SPECS 20 lYfs�l�lYl6� REVISED: 2-70 ENGINEERING DEPARTMENT �'rE "°.: REVISED: 2-11 PLATE NO.: 2110 FIL NAME: G: ENG SPECS 2203 27`03 ENGINEERING DEPARTMENT FILE NAME: C: ENG SPECS 211° V. NO. DATE BY DESCRIPTION DESIGNED DRAWN I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT www.otibassociates.com PROJECT NO: WAS PREPEDSION CS.o. CSO. D THAT IMAM AYDULY OLICENSED PROFESSIONAL ENUNDER MY DIRECT GINEER WYNSONG LAND THE LAWS OF�TE TMINNESOTA. 9WestDivisionStreet DETAILS 2-12-0191 NECKED Buffalo, MN 55313ATT (763)682-0727 GALPIN BLVD PARTNERS, LLC 3801 T£S Fax: (763)682-3522 DATE: LICE M. Schwohn Io CHANHASSEN, MN SHEET N 0 . 7 0 F 9 SHEETS 12/12/12 LICENSE rq 40433 DATE: Z Engineers Land Surveyors, Inc. CHANHASSEN FIRE DEPARTMENT POLICY REQUIREMENTS FOR FIRE LANE SIGNAGE NOTES: 1. SIGNS TO BE A MINIMUM OF 12' X 18". 2. RED ON WHITE IS PREFFEREU, 3. 3M OR EQUAL ENGINEER'S GRADE REFLECTIVE SHEETING ON ALUMINUM IS PREFFERED, 4. WORDING SHALL BE: NO PARKING FIRE LANE 5. SIGNS SHALL BE POSTED AT EACH END OF THE FIRE LANE AND AT LEAST AT EVERY 75' INTERVALS ALONG THE FIRE LANE. 6. ALL SIGNS SHALL BE DOUBLE SIDED FACING THE DIRECTION OF TRAVEL. 7. POST SHALL BE SET BACK A MINIMUM OF 12" BUT NOT MORE THAN 36" FROM THE BACK OF CURB. 8. A FIRE LANE SHALL BE REQUIRED IN FRONT OF FIRE DEPARTMENT CONNECTIONS EXTENDING 5' ON EACH SIDE AND ALONG ALL AREAS DESIGNATED BY THE FIRE CHIEF, CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION POLICY 06-1991 DATED JANUARY 15, 1991 ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. W10F I FIRE LANE com SIGNAGE REVISED: 2-10 PLATE NO.: ENGINEERING DEPARTMENT 5218 FILE NAME: G:\ENG\SPECS\5218 DESIGNED DRAWN C. S 0. C. S. 0. CHECKED In AGGREGATE BASE MNDOT SELECT GRANULAR BORROW COURSE FILTER AGGREGATE MNDOT 3149.2H 12" DEEP CLAY S 4" PERFORATED PIPE NOTCH CLAY SUB -GRADE GEOTEXTILE WRAP (3733, TYPE 1) FOR PIPE PLACEMENT TRENCH DETAIL Perforated PVC, or Dual Wall smooth interior corrugoted PE pipe. PIPE DETAIL GROUT - AROUND PIPE 5 FT. MIN. LENGTH STEEL 5 FT. MIN, LENGTH STEEL - POST AT 6 FT. MAX. SPACI POST AT 6 FT. MAX. SPACING GEQTEXTILE FABRIC PLASTIC ZIP TIES-< PLASTIC ZIP TILS �36 WIDE (50 LB. TENSILE) (50 I.B. TENSILE) LOCATED IN TOP 8" LOCATED I TOP B" 4 See City Plate No. 3107 for riprop placement. 107g5 FEET 22E- -5 %N 6" x 24" or 30" or 36" Traffic Sign Double Aluminum Street as Required Z FLOW FLOW I„ GREATER THAN 20% 40' W Sign - Both Directions �� RIPRAP s 2.5LB. 7' Upper 7 NN MACHINE SLICE Galvanized Steel 8" - 12" DEPTH S7 VARIABLE : Sign Post 0 1 A A Ora 2.07E o+ `l 7 � ' O.D. 2 3/8 c (2) 5/16' x i' QW SILT FENCE, MACHINE SLICED i 2 SX a MO{. ' l a Galvanized Steel 4 .n Past Bolts - Pipe 12 Guage 7 E Tomperproof 1 I.5:�1 _ y with Washers o: N z W ' GEQTEXTILE FABRIC 5 FT. MIN. LENGTH STEEL:- TEEL 36 WIDE Topsoil, Seetl I %2'-MNDOT 2360 SPWEA240EI ' MINIMUM G"OF1 fin �/ M-M, I & Mulch MINIMUM 11' 12 I VARIES 2 Nm m PROPOSED SEWER \ Tack Coat - 2357 Curb �10'-Gloss 2"-MNDOT 2360 SPNW823W 5 Aggregate Boae, 10076 Gushed 10' I FT. SLOPE Ic Anchor Plate 3LB. P Anchor 1s' �. / (-See Note 3) TOWARR TOWARD ROADWAY � Post-Pn mati dl Driven SEPARATION r`r PLAN i� / Tie last 3 pipe joints. �� Typical Street Typical Traffic RIPRAP REQUIREMENTS NTS NOTE Use 2 tie bolt fasteners ..''v:t? ,if {,.�.;,;.�.;:: Sign Inst011ation Sign Installation Y STYROFOAM PIPE DIA. RIPRAP REQUIRED GRANULAR FILTER REQUIRED 12" TO 24" 8 to 12 CY CL.3 UNDER RIP RAP AND 2 per joint. Install at 60' from top or bottom TOPSOIL TYPICAL I INSULATION 27" TO 33" 14 to 20 CY CL.3 LAYERS OF 50OX MIRAFI of pipe, NOTES G'"I 36" TO 48" 23 to 38 CY CL.3 FABRIC OR EQUAL 54" AND UP 62 CY and up CL.4 (One cubic yard is approximately 2,800 lbs.) 1. 4.0' Topsoil placed in disturbed areas. 2. The bituminous wearing surface aholl be the next construction 3" MNOOT 2350 LVWE450308 6" CLASS 5 BASE F' 'D placed Bolt Post With Sign TRANSITION TO SI;afEO Pt N iH DEPTH (TYPICAL). INSTAu season following placement of the bituminous base. 3. A test rail of the prepared subgrode shall be performed by the owner (IOOX CRUSHED) COMPACTED SUBGRADE to Post in Concrete Post Expansion Joint Material VERTICAL BENDS WITH MEW Lucs in the presence of a city inspector. The city has the authority to require PER SOIL ENGINEER , - 4 Sides Full Depth AS REOUSED. 2' RIPRAP additional subgrode correction based on the test rail 'o T I 1- 4. Draintile shall be 50' sock direction from low (on north ML placed points WATERMAIN UNDER STORM SEWER ISOMETRIC side of road only). Hf� TYPICAL PRIVATE STREET SECTION = 2 Granular Filter (MNDOT 3601.28) SECTION A -A Geotextile Filter Type RI NOTES: Typical Sign Installation NTS 1. SHOULDERS TO BE BACKFILLED AND RESTORED WITH 3" OF TOPSOIL AND In Concrete Medion Anchor Plate Detoil L RIPRAP RE -VEGETATED WITH SOD OR SEED / MULCH. NOTES: 2. THE CONTRACTOR OR DEVELOPER SHALL SUPPLY A 2 YEAR 1007E MAINTENANCE NOTES: 1. All Reinforced Concrete Aprons shall be furnished & installed without Trash Guards. BOND UPON CITY ACCEPTANCE, 1. For Boulevord Location of Street Signs and far Traffic Signs, Contact Chanhossen Sheet Superintendent (952-227-1303). DM � � � � � � ( ) Granular Filter MNOOT 3601.28 2. All new Reinforced Concrete Aprons on new pipe shall be tied back 3 pipe 3. THIS DETAIL / SPECIFICATIONS ARE MINIMUMN REQUIREMENTS, ADDITIONAL DESIGN 2, For Material Specifications See Section 4,11 of Standard Street Spec' Specs. INSULATION AND COMPACTED SAND SHALL E%TEND 12' BAST oLI751DE OF PIPE 94WLATION SHALL OVER LAP AT JOINTS 9Y NN. OF 12 SECTION B -B Geotextile Filter Type III lengths back from apron. 3. All new Reinforced Concrete Aprons on existing pipe shall be tied to the first MAY BE REQUIRED DEPENDING ON EXISTING 5118 -GRADE SOIL CONDITIONS. 4. BITUMINOUS TRAILS IQ q. t. 3. Traffic Signs with 9 S F 9e More °I Surface Area and J8" or Larger in Size, pipe adjacent to the apron. MAY NOT BE CONSTRUCTED ON UNSUITABLE SOILS. NO WASTE Must be Mounted with Two Separate Posts. a NTS MATERIAL, BLACK DIRT, OR ORGANIC SOILS ALLOWED. 4. For Private Streets, Signs Shall be the Some as Above, Except Lettering to be White on Blue Background. Q�� WATERMAIN /STORM SEWER CROSSING �T�PIq CtOF RIP RAP DETAIL �ry t+!"ff FLARED END SECTION �11� BITUMINOUS �� STREET AND TRAFFIC SIGN TRAIL INSTALLATION RENSED.2-lo ENGINEERING DEPARTMENT 2204 REVISED: 2-10 ENGINEERING DEPARTMENT PLATE 3107 REVISED: 2-10 ENGINEERING DEPARTMENT PLATE No.: v 31..8 REVISED: I FILE NAME; NG SPECS 04 FILE NAME: NG SPE 107 FILE NAME: G: ENG SPECS 3109 -la ENGINEERING DEPARTMENT PUTS NO.: 5216 REVISED: 1-10 ENGINEERING DEPARTMENT PIATE Na: 5217 FILE AWE: G:\ENG\SPECS\5216 I FILE NNE: G. \ENO\SPECS 6217 CHANHASSEN FIRE DEPARTMENT POLICY REQUIREMENTS FOR FIRE LANE SIGNAGE NOTES: 1. SIGNS TO BE A MINIMUM OF 12' X 18". 2. RED ON WHITE IS PREFFEREU, 3. 3M OR EQUAL ENGINEER'S GRADE REFLECTIVE SHEETING ON ALUMINUM IS PREFFERED, 4. WORDING SHALL BE: NO PARKING FIRE LANE 5. SIGNS SHALL BE POSTED AT EACH END OF THE FIRE LANE AND AT LEAST AT EVERY 75' INTERVALS ALONG THE FIRE LANE. 6. ALL SIGNS SHALL BE DOUBLE SIDED FACING THE DIRECTION OF TRAVEL. 7. POST SHALL BE SET BACK A MINIMUM OF 12" BUT NOT MORE THAN 36" FROM THE BACK OF CURB. 8. A FIRE LANE SHALL BE REQUIRED IN FRONT OF FIRE DEPARTMENT CONNECTIONS EXTENDING 5' ON EACH SIDE AND ALONG ALL AREAS DESIGNATED BY THE FIRE CHIEF, CHANHASSEN FIRE DEPARTMENT FIRE PREVENTION POLICY 06-1991 DATED JANUARY 15, 1991 ANY DEVIATION FROM THE ABOVE PROCEDURES SHALL BE SUBMITTED IN WRITING, WITH A SITE PLAN, FOR APPROVAL BY THE FIRE CHIEF. IT IS THE INTENTION OF THE FIRE DEPARTMENT TO ENSURE CONTINUITY THROUGHOUT THE CITY BY PROVIDING THESE PROCEDURES FOR MARKING OF FIRE LANES. W10F I FIRE LANE com SIGNAGE REVISED: 2-10 PLATE NO.: ENGINEERING DEPARTMENT 5218 FILE NAME: G:\ENG\SPECS\5218 DESIGNED DRAWN C. S 0. C. S. 0. CHECKED In AGGREGATE BASE MNDOT SELECT GRANULAR BORROW COURSE FILTER AGGREGATE MNDOT 3149.2H 12" DEEP CLAY S 4" PERFORATED PIPE NOTCH CLAY SUB -GRADE GEOTEXTILE WRAP (3733, TYPE 1) FOR PIPE PLACEMENT TRENCH DETAIL Perforated PVC, or Dual Wall smooth interior corrugoted PE pipe. PIPE DETAIL GROUT - AROUND PIPE 5 FT. MIN. LENGTH STEEL 5 FT. MIN, LENGTH STEEL - POST AT 6 FT. MAX. SPACI POST AT 6 FT. MAX. SPACING GEQTEXTILE FABRIC PLASTIC ZIP TIES-< PLASTIC ZIP TILS �36 WIDE (50 LB. TENSILE) (50 I.B. TENSILE) LOCATED IN TOP 8" LOCATED I TOP B" r In 0Z FLOV aw f r m 6' cow IN. SILT FENCE, PREASSEMBLED 1 2 NOTES 6" CONIC. SILT FENCE PER MNDOT SPECS, SOURCE 2005 COLLAR SEE SPECS. 2573 & 3886. 0 To Protect Area From Sheet Flaw 0 Maximum Contributing Area: I Ave CEQTEXTILE FABRIC 36' WIDE 6"MIN. SILT FENCE, HEAVY DUTYQM 2 BACKFILL Opo PU�R V'-2" CLEAN CRUSHED ROCK AL /S O so, 4* N T FENCE TO BE PLACED CONTOUR. SEE SLOPEJGRADE D LENGTH CRITERIA BELOW ,t. 6'MIN.DEPTH FOR ROCK OR SLOPE 10"MIN.DEPTH FOR WOODCHIPS R V ARS cHi 4 - SLOPE GRADE MAX LENGTH N TIRE COMPACTION ZONE 107g5 FEET 22E- -5 %N (763)682-4727 Z FLOW FLOW N� GREATER THAN 20% 15 FEET w 2 yw s NN MACHINE SLICE Nw 8" - 12" DEPTH 0 y a QW SILT FENCE, MACHINE SLICED i 2 F- 0 o: N z W ' GEQTEXTILE FABRIC 5 FT. MIN. LENGTH STEEL:- TEEL 36 WIDE POST AT 8 FT. MAX. SPACING STAPLES r In 0Z FLOV aw f r m 6' cow IN. SILT FENCE, PREASSEMBLED 1 2 NOTES 6" CONIC. SILT FENCE PER MNDOT SPECS, SOURCE 2005 COLLAR SEE SPECS. 2573 & 3886. 0 To Protect Area From Sheet Flaw 0 Maximum Contributing Area: I Ave CEQTEXTILE FABRIC 36' WIDE 6"MIN. SILT FENCE, HEAVY DUTYQM 2 BACKFILL Opo PU�R V'-2" CLEAN CRUSHED ROCK AL /S O so, 4* N T FENCE TO BE PLACED CONTOUR. SEE SLOPEJGRADE D LENGTH CRITERIA BELOW ,t. 6'MIN.DEPTH FOR ROCK OR SLOPE 10"MIN.DEPTH FOR WOODCHIPS R V ARS cHi 4 - SLOPE GRADE MAX LENGTH 2% 107g5 FEET 22E- -5 %N (763)682-4727 50-1020 25 FEET GREATER THAN 20% 15 FEET LOCATION OF SILT FENCE FOR SEDIMENT CONTROL 18" MINIMUM CUT OFF BERM TO MINIMIZE RUNOFF FROM SITE FILTER FABRIC 154- ."- • e NOTES, 1. CLEANOUTS REQUIRED AT 300' INTERVALS & ARIABLE SLOPE V ALL ENDING POINTS. ARt 2. SWING TIES TO BE SHOWN ON AS-BUILTS SILT FENCE NEAR TOE OF DESIRABLE FOR ALL ENDING POINTS TO ALL DRAINTILES. SLOPE OUTSIDE OF NOTE: FILTER FABRIC SHALL BE PLACED UNDER ROCK CONSTRUCTION LIMITS TO STOP MUD MIGRATION THROUGH ROCK. 3. OPENINGS IN STRUCTURE FOR DRAINTILE TO BE FABRICATED OR CORE DRILLED. 4. THIS DETAIL TO BE USED WHEN 2' OR MORE LOCATION OF SILT FENCE OF EXISTING SOIL SUB CUT IS NECESSARY. FOR PEREMITER CONTROL Cfr1OF 4" SUB -SURFACE Cff1OF SILT � ROCK CONSTRUCTION OMEN DRAINTILE FENCE a NCE REVISEC 3 -Ge ENGINEERING DEPARTMENT PLATE NO.: Z 3-12 PLATE NO.: REVISED: 1-10 PLATE NO.: FILE NAMEC\ENG\SPECS\5232 5232 FILE NAME: C:\ENG\SPECS\5300 ENGINEERING DEPARTMENT 5300 FILE NAME�r,�\FNn\aPrce�szn� ENGINEERING DEPARTMENT 5301 WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDEB--THE LAWS OF TME /STATE OF MINNESOTA. Coro M. Schwahn )94t6" LICENSE N 40433 DATE: WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN PROJECT NAME PROJECT DESCRIPTION -A 54 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION DEVELOPER- NAME PHONE NUMBER CONTACT- NAME PHONE NUMBER PERMITTED CONSTRUCTION HOURS-MON.-FRI. 7AM-6PM SATURDAY 9AM-5PM ABSOLUTELYH! NO CONSTRUCTION ACTIVITY, MAINTENANCE OR DELIVERIES ALLOWED ON SITE OUTSIDE OF THESE HOURS. CITY OF CHANHASSEN ENGINEERING DEPARTMENT 952-227-1160 NOTES: 1. SIGN SHALL HAVE A MINIMUM OF TWO POSTS. 2. INSTALL SIGNS AT ALL CONSTRUCTION ENTRANCES. 3, SIGN SHALL HAVE WHITE BACKGROUND WITH BLACK LETTERING. 4. LETTER SIZE TO FIT 8' X 6' SIGN. 11111 Uf DEVELOPMENT MMEN INFO SIGN REVISED:1-10 ENGINEERING DEPARTMENT I PLATE NO.: DETAILS SHEET NO. 8 OF 9 L9l 5313 PROJECT NO: 2-12-0191 SHEETS 1 12/12/12 www.ottoassociates.com TTo 9 West Division Street Buffalo, MN 55313 (763)682-4727 SSOCIATES Fax (763)682-3522 & Land Surveyors, Inc. WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN PROJECT NAME PROJECT DESCRIPTION -A 54 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION DEVELOPER- NAME PHONE NUMBER CONTACT- NAME PHONE NUMBER PERMITTED CONSTRUCTION HOURS-MON.-FRI. 7AM-6PM SATURDAY 9AM-5PM ABSOLUTELYH! NO CONSTRUCTION ACTIVITY, MAINTENANCE OR DELIVERIES ALLOWED ON SITE OUTSIDE OF THESE HOURS. CITY OF CHANHASSEN ENGINEERING DEPARTMENT 952-227-1160 NOTES: 1. SIGN SHALL HAVE A MINIMUM OF TWO POSTS. 2. INSTALL SIGNS AT ALL CONSTRUCTION ENTRANCES. 3, SIGN SHALL HAVE WHITE BACKGROUND WITH BLACK LETTERING. 4. LETTER SIZE TO FIT 8' X 6' SIGN. 11111 Uf DEVELOPMENT MMEN INFO SIGN REVISED:1-10 ENGINEERING DEPARTMENT I PLATE NO.: DETAILS SHEET NO. 8 OF 9 L9l 5313 PROJECT NO: 2-12-0191 SHEETS 1 12/12/12 LOT 1 OPTION I — CRESCENT SILT FENCE OVER—LAP AT PROPERTY LINE SAMPLE EROSION CONTROL PLAN FOR INDIVIDUAL LOTS r.�rysa�raf :rn:r�ng:mr_ci PERIME;EERE-i ` Fdizai i, vsr., 9 .N9 OVER—LAP SILT FENCE / MAINTAIN A 16 FOOT BUFFER BE EDGE OF WATER AND DISTURBED LOT 3 OPTION 2 — J—HOOK SILT FENCE BUTT FENCE TOGETHER AT PROPERTY LINE LEGEND These Standard symbols will be found in the drawing. SILT FENCE ° STRAW MULCH A, SURFACE WATER WATER FLOW STREET ENTRANCE STORM SEWER INLET W1MCO OR SIMILAR INLET PROTECTION DETAIL 5302A & GUTTER SEDIMENT CONTROL * Perimeter sediment controls are necessary at downsloping property and street edges. Note that sediment controls need to provide containment by turning perimeter controls upslope—into property. * Perimeter controls can include mulch socks, mulch berms and/or silt fence. EROSION CONTROL * Topsoil—Site has a minimum of 4-6 inches of topsoil. * Construction entrance -1 to 2" clean crushed rock at a depth of 6 inches. * House Roof Perimeter—Straw mulch at 2 inches deep around house directly below roof line. If house has rain gutters, downpouts need energy dissipation. * Slopes—Steeper than 4:1 with positive grade to surface waters of the state need fiber blankets and temporary or permanent seeding. * Swales—Need blankets over final 200'. * Swales—Need check dams if slope is 4:1 or greater. CM OF EROSION CONTROL FOR INDIVIDUAL LOTS (TYP.) es REVISED: 2-10 PLATE NO.: FILE NAME:G\ENG\SPECS\53028 ENGINEERING DEPARTMENT 53028 I weeds EROSION CONTROL PLAN FOR INDIVIDUAL LOTS WITH SWALE DRAINAGE LOT 1 \ \ 2 \ LOT 3 DRAINAGE SWALE LEGEND / I I RIM Nmeas t)Ir1601Not Rpt A lana N the trneMp. PERIMETER HOUSE GP�P�F. ..�.w. SIIT nna STRAW MULCH 'VCS WreR row \ \ CURB & GUTTER STREET ENTRANCE STORM SEWER INLET WIMCO OR SIMILAR INLET PROTECTION DETAIL 5302A SEDIMENT CONTROL " Perimeter sediment controls are necessary at downsloping property and street edges. Note that sediment controls need to provide containment by turning perimeter controls upslope–into property. " Perimeter controls can include mulch socks, mulch berms and/or silt fence. EROSION CONTROL " Topsoil–Site has a minimum of 4-6 inches of topsoil. • Construction entrance -1 to 2" clean crushed rock at o depth of 6 inches. " House Roof Perimeter–Straw mulch at 2 inches deep around house directly below the roof line. If house has ruin gutters, downspouts need energy dissipation. " Slopes–Steeper than 4:1 with positive grade to the waters of the state need fiber blankets and temporary or permanent seeding. " Swales–Need blankets over the final 200'. " Swales–Need check dams if slope is 4:1 or greater. x11111 1 OF EROSION CONTROL FOR �111INDIVIDUAL LOT WITH SWALE DRAINAGE REVISED: 2-10 ENGINEERING DEPART"AENT PLATE NO.; 5302D FILE NAME: G:\ENG\SPECS\5302D i I DESIGNED DRAWN I HLKLUT ULHntY IHAT IHI5 PLAN, SPLGIt IL;AIION, WAS PREPARED BY ME OR UNDER MY DIRECT SUPEI C.S.O. C.S.O. AND THAT I AM A DULY LICENSED PROFESSIONAL E1• UNDEUE LAWS OF zH STATE OF MINNESOTA. CHECKED y_lJ) A I, Coro M. Schwohn Otto LICENSE # 40433 DATE: TRASH GUARD BOTTOM \ OF FES 6" OR 12" BIOROLL - SECURED INSIDE FES 0916IM04m,u BOTTOM OF FES 6"-12° OF 1Y2" TO 2" — WASHED ROCK WRAPPED INSIDE A MONOFILAMENT TYPE GEOTEXTILE FABRIC INSIDE FES affor FLARED END SEDIMENT TRAP ROCK WEIR/WATTLE ROLL REVISED: 2-10 ENGINEERING DEPARTMENT PLATE NO.: 5302F FILE NAME: G: \ENG\SPECS\5302A WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN DETAILS SHEET NO. 9 OF 9 SHEETS ECT NO: 2-12-0191 12/12/12 wwwottoassociates. com TTo Wast Division Street Buifalo, MN 55313 (763)682-4727 SSOCIATES Fax: (763)682-3522 & Land Surveyors, Inc. TRASH GUARD BOTTOM \ OF FES 6" OR 12" BIOROLL - SECURED INSIDE FES 0916IM04m,u BOTTOM OF FES 6"-12° OF 1Y2" TO 2" — WASHED ROCK WRAPPED INSIDE A MONOFILAMENT TYPE GEOTEXTILE FABRIC INSIDE FES affor FLARED END SEDIMENT TRAP ROCK WEIR/WATTLE ROLL REVISED: 2-10 ENGINEERING DEPARTMENT PLATE NO.: 5302F FILE NAME: G: \ENG\SPECS\5302A WYNSONG GALPIN BLVD PARTNERS, LLC CHANHASSEN, MN DETAILS SHEET NO. 9 OF 9 SHEETS ECT NO: 2-12-0191 12/12/12 i PROPOSED STREET EASEMENT.. - Street Easement Exhibit 10 0 40 so 1 Scale: 1' = 40' r,, A perpetual easement for street purposes over, under, and across that port of Lots 1, 2, 3, and 4. Block 1, WYNSONG, Carver County, Minnesota, according to the recorded plot thereof described as follows: Beginning at the Southeast corner of the plot of said WYNSONG; thence on on assumed bearing of North 12 degrees 53 minutes 40 seconds East, along the East line of said WYNSONG, o distance of 30.05 feet; thence North 73 degrees 55 minutes 05 seconds West, a distance of 4.99 feet, thence 63.36 feet Northwesterly on o tangential curve concave to the North having a radius of 235.00 feet and o central angle of 15 degrees 16 minutes 52 seconds; thence North 58 degrees 28 minutes 13 seconds West, o distance of 21743 feet; thence 67.13 feet Northwesterly along o tangential curse concave to the South, having o radius of 315.00 feet and a central angle of 12 degrees 12 minutes 37 seconds; thence North 70 degrees 40 minutes 50 seconds West, o distance of 165.97 feet; thence South 19 degrees 19 minutes 10 seconds West, o distance of 30.00 feet; thence South 70 degrees 40 minutes 50 seconds East, o distance of 40.00 feet; thence 31.41 feet Southeasterly along o tangential curve concave Southwesterly having a radius of 20.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence South 19 degrees 19 minutes 10 seconds West, o distance of 40.00 feet; thence South 70 degrees 40 minutes 50 seconds East, o distance of 30.00 feet; thence North 19 degrees 19 minutes 10 seconds East, o distance of 40.00 feet; thence 31.42 feet Northeasterly along o tangential curve concave Southeasterly having a radius of 20.00 feet and o central angle of 90 degrees 00 minutes 00 seconds; thence South 70 degrees 40 minutes 50 seconds East, o distance of 55.97 feet; thence 60.74 feet Southeasterly along o tangential curve concave Southerly having o radius of 285.00 feet and o central angle of 12 degrees 12 minutes 37 seconds; thence South 58 degrees 28 minutes 13 seconds East, a distance of 21743 feet, thence 71.45 feet Southeasterly along o tangential curve concave Northerly having o radius of 265.00 feet and central angle of 15 degrees 26 minutes 52 seconds; thence South 73 degrees 55 minutes 05 seconds East, a distance of 6.66 feet to the point of beginning. • denotes iron monument found Q denotes iron pipe set orro,aa43 and marked as shown: orr0000sz 9 denotes soil boring O denotes percolation test hole Street Easement Exhibit Requested By: on Lots 1, 2, 3, and 4, Block 1, Galpin B Partners WYNSONG, Carver County, Dote: I Drown By: I Scale: I Checked By: Minnesota 12/17/12 I M.L.H. I 1" = 40' 1 P.E.O. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under t�heellaw�s of the Stat%�n�ta. (�l!'6`� Paul E. Otto Dote: -L-L- 0-t -0-/-) License # 40062 %lbk t 1j v o 0 www.ottoassociates.com TTO West Division Street B Buffalo, MN 55313 (763)682-4727 SOCIATES Fax (763)682-3522 Engineers & Land Surveyors, Inc. C) N N 0 N Revised: R.7 1-12-0191 /-Carver County Monument at the Northwest corner I of Sectio 10, Township 116, Range 2J ( N89'43'14 "W 1071.66 A- I (:) 8 IJP � �) L - - - - - - - - �I to r �> 2 ten' \ according to the MN DNR (N.G.VD. 1919) i 1 1 a . 0 1 C � 993.6 Feel C� OUTLOT C� 1 C� = 9936 Feet --� c � LIJ N89'43'14"W 'rte 177.36 - •� l j \ /.._>aFaawye & uIxt I / Y easement / I edge of--\� wet land \ \ N HARRISON WYNSONG i L ./-I / L_ r 7/-1 l \ f \ I..; U I V / North line of SONG ADDITION (North line of Sectio 10) 5@9!3'14 E 1189.60 Meos. 1190.00 Plot l 87,144 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ 483.01 "�...\ i:. 1 .67 _ _' _ - - -13!.48 - - - - ; . 529.21 If \ h.P A 1 /a',a per+\ I / o/ O IAn t� --- - --- W227.90 2_581'14_54-1�\> �n l 0 09 00 \°'ip 1'4W 233 NOs6S88ro7T--- - - - - 0 ,q05 D.� A\SS� - - - - - - - / / op � i��s9j w iC\1 4 Jyhy/ I L v l l /tea a %49 0, / / ti� / h iCh 41 N$oa�Q S ^tv$st�0, O, n q N\4.68 558'28 I LAKE I °', L - - - - - - - - 50 Ali II Ordinary High Water Elevation = 993.6 Feet ten' \ according to the MN DNR (N.G.VD. 1919) i 1 1 a . 0 1 Water Elevation on 71J1/12 - 993.6 Feel +� I OUTLOT A 1 OHNt = 9936 Feet --� N89'43'14"W j i 372.84 county drainage 9 & .1 uG7ity -.. I 372.43 meas. WYNSONG i L ./-I / L_ r 7/-1 l \ f \ I..; U I V / North line of SONG ADDITION (North line of Sectio 10) 5@9!3'14 E 1189.60 Meos. 1190.00 Plot l 87,144 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ 483.01 "�...\ i:. 1 .67 _ _' _ - - -13!.48 - - - - ; . 529.21 If \ h.P A 1 /a',a per+\ I / o/ O IAn t� --- - --- W227.90 2_581'14_54-1�\> �n l 0 09 00 \°'ip 1'4W 233 NOs6S88ro7T--- - - - - 0 ,q05 D.� A\SS� - - - - - - - / / op � i��s9j w iC\1 4 Jyhy/ I L v l l /tea a %49 0, / / ti� / h iCh 41 N$oa�Q S ^tv$st�0, O, n q N\4.68 558'28 1 \eosament �.� 116.64 - l rq / `� f\ \ yeF /; is• \ N8625'0"� ws, m 401 c/ BENCHMARK.- -:\ Top of T -box / ^ ^ \. E(N. G. V . 9 Feet /1 ' .a h won V (N. C. V.D. 1929) \ edge of - ► A4�6 / 04 41 b\ -edge of \ \ ��r p/yv)I�/ \ wet land %. \ �N rn• \Ok/ b\��C /1ryq'0, "�^ +$ �8 J0� \ s��y. wet land - 11 \ \\ 18.74 ?/ � :�droinoge ub7ify easement' \`=�+�'r� • 1 1 \`. / 32,77,e- \392 2.77 \ _ - \392.85 \ r` / 4 I //. \\ // 1j 47754 S5920'42"E I - 118.37 269.43 188.22 , - 180.02 - - -65.52 - - - - - - -� r /r- INIL 682,17 / N89 43'11 "W 1110.15 / ; v Tl Ir- 1//ln rl^ AT / /lA//)A /N E)r-^ Art r_\ITI -South line of ! r 7 L_ v v v v LJ /-I l L. V I V l7/-1 � I \ L_ r 7 /-I L/ LJ l I l U IAv \ SONG ADDITION KNOW ALL PERSONS BY THESE PRESENTS. That Golpin Blvd Partners, LLC, 0 1 I I F- 1 A Minnesota limited liability company, fee owner of the following described property situated in A T / /-1 A //` A /��) ;-. A Tl / A f1 I"'\ I T I r 7 L_ Y Y l/ V LJ /-I l I /•1 A/ the County of Carver, State of Minnesota, to wit: L.l./I v\7/ -1 l \L_,.., `f l r1 /-IUvI l lvI v Lot 1, Black 1, SONG ADDITION, Carver County, Minnesoto. / Has caused the some to be surveyed and platted as WYNSONG and does hereby dedicate to the public for public use forever the drainage easements. and utility easements. In witness whereof said Golpin Blvd Partners, LLC has caused these presents to be signed by its proper officer this_______ day of ---------------------- 10______. GALPIN BLVD PARTNERS. LLC STATE OF MINNESOTA COUNTY OF ---------------- The foregoing instrument was acknowledged before me this _____ day of ---------------- 20 ------- by --------------------------' ------------------ of Golpin Blvd Partners, LCC, o limited liability company, on behalf of the company. (Notary Signature) (Notary Printed Nome) Notary Public, ______________County, Minnesota My Commission Expires: ___________________- I hereby certify that I surveyed and platted or directly supervised the surveying and plotting of the land described on this plot; this plot is o correct representation of the boundary survey, all mathematical data and labels ore correctly designated; all monuments depicted on the plot hove been or will be correctly set within one year; oil water boundaries and wet lands as of this dote are shown and labeled; and all public ways ore shown and labeled. Paul E. Otto, Land Surveyor Minnesota License Number 40062 STATE OF MINNESOTA COUNTY OF --------------------- The foregoing instrument was acknowledged before me this _____ day of _ 20 ------- by Paul E. Otto, Land Surveyor. (Notary Signature) (Notary Printed Nome) Notary Public, -------- My Commission Expires: - ty. Minnesota. CHANHASSEN, MINNESOTA This plot of WYNSONG was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this ----------- day of 20_____, and is in compliance with the provisions of Minnesota Sfofutes, Section 505. Y, Subd. 2. CITY COUNCIL Or THE CITY OF CHANHASSEN, MINNESOTA By. _ Moyer By. --- County Surveyor, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Lows of 1971, this plot has been approved this _ of-------------------, 10 ----- John E. Freemyer, County Surveyor BY---------------------- County Auditor/Treosurer, Carver County, Minnesota l hereby certify that taxes payable in ------------, land described on this plot. Dated this _____ day of ---- Clerk day and prior years hove been paid for ------20____. LaurieEngelen, County Auditor/Treosurer B)` ------------------------- Registrar of Titles, Carver County, Minnesota I hereby certify that this plot of WYNSONG was filed this _____ day of 20_____, at ______ o'clock --__.M. as Document No.---------- Mork Lundgren, Registrar of Titles B)° --------------------- 24.21 TI I r- r7L_ I r•1A 1/`A/`L)r'� L. L/IV Irl vl\L_..% V v lJ \J LJ v /-I I I r -TI I A rl r%I-r'I tnAI I I I r 7 /-I Lo, L./ I I I lJ I V I C� II c� cJ /I r \` c, I �J 50 1 33 / CrY OF CHANHASSEN RECEIVED DEC 2 1 20 CWWHASSEN PLANNING DEPT VICINITY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA Loke Lucy Rd e yam T a qi Rd � HARMS LAKE PROJECT LOCATION Lon odea Dr. �o o• V NOT TO SCALE D 0 + •c H For p\Q Dr. Arboretum elvd 5 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS I I 50 I - - - - - - - - J L - - - - - - - - 50 Ali II 1 1 I :r7L.If V\7 1 1 A,tr-A 1 1 I v L_/ -I LJl v If N89'43'14"W 372.84 county - - 372.43 meas. r \ I 50 1 1 Carver County Monument - \ I 3J tthe North 1 / 4 corner \ 1 f Section 10, oTownship 116, Range 23 \ \�droinage easement � � .\ � CKC, ,k utility 1 \ �c If 1 bQ / Ib r 1 i i 00 �(V4in 1 J 3"E ,/ 1 \eosament �.� 116.64 - l rq / `� f\ \ yeF /; is• \ N8625'0"� ws, m 401 c/ BENCHMARK.- -:\ Top of T -box / ^ ^ \. E(N. G. V . 9 Feet /1 ' .a h won V (N. C. V.D. 1929) \ edge of - ► A4�6 / 04 41 b\ -edge of \ \ ��r p/yv)I�/ \ wet land %. \ �N rn• \Ok/ b\��C /1ryq'0, "�^ +$ �8 J0� \ s��y. wet land - 11 \ \\ 18.74 ?/ � :�droinoge ub7ify easement' \`=�+�'r� • 1 1 \`. / 32,77,e- \392 2.77 \ _ - \392.85 \ r` / 4 I //. \\ // 1j 47754 S5920'42"E I - 118.37 269.43 188.22 , - 180.02 - - -65.52 - - - - - - -� r /r- INIL 682,17 / N89 43'11 "W 1110.15 / ; v Tl Ir- 1//ln rl^ AT / /lA//)A /N E)r-^ Art r_\ITI -South line of ! r 7 L_ v v v v LJ /-I l L. V I V l7/-1 � I \ L_ r 7 /-I L/ LJ l I l U IAv \ SONG ADDITION KNOW ALL PERSONS BY THESE PRESENTS. That Golpin Blvd Partners, LLC, 0 1 I I F- 1 A Minnesota limited liability company, fee owner of the following described property situated in A T / /-1 A //` A /��) ;-. A Tl / A f1 I"'\ I T I r 7 L_ Y Y l/ V LJ /-I l I /•1 A/ the County of Carver, State of Minnesota, to wit: L.l./I v\7/ -1 l \L_,.., `f l r1 /-IUvI l lvI v Lot 1, Black 1, SONG ADDITION, Carver County, Minnesoto. / Has caused the some to be surveyed and platted as WYNSONG and does hereby dedicate to the public for public use forever the drainage easements. and utility easements. In witness whereof said Golpin Blvd Partners, LLC has caused these presents to be signed by its proper officer this_______ day of ---------------------- 10______. GALPIN BLVD PARTNERS. LLC STATE OF MINNESOTA COUNTY OF ---------------- The foregoing instrument was acknowledged before me this _____ day of ---------------- 20 ------- by --------------------------' ------------------ of Golpin Blvd Partners, LCC, o limited liability company, on behalf of the company. (Notary Signature) (Notary Printed Nome) Notary Public, ______________County, Minnesota My Commission Expires: ___________________- I hereby certify that I surveyed and platted or directly supervised the surveying and plotting of the land described on this plot; this plot is o correct representation of the boundary survey, all mathematical data and labels ore correctly designated; all monuments depicted on the plot hove been or will be correctly set within one year; oil water boundaries and wet lands as of this dote are shown and labeled; and all public ways ore shown and labeled. Paul E. Otto, Land Surveyor Minnesota License Number 40062 STATE OF MINNESOTA COUNTY OF --------------------- The foregoing instrument was acknowledged before me this _____ day of _ 20 ------- by Paul E. Otto, Land Surveyor. (Notary Signature) (Notary Printed Nome) Notary Public, -------- My Commission Expires: - ty. Minnesota. CHANHASSEN, MINNESOTA This plot of WYNSONG was approved and accepted by the City Council of the City of Chanhassen, Minnesota at a regular meeting thereof held this ----------- day of 20_____, and is in compliance with the provisions of Minnesota Sfofutes, Section 505. Y, Subd. 2. CITY COUNCIL Or THE CITY OF CHANHASSEN, MINNESOTA By. _ Moyer By. --- County Surveyor, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Lows of 1971, this plot has been approved this _ of-------------------, 10 ----- John E. Freemyer, County Surveyor BY---------------------- County Auditor/Treosurer, Carver County, Minnesota l hereby certify that taxes payable in ------------, land described on this plot. Dated this _____ day of ---- Clerk day and prior years hove been paid for ------20____. LaurieEngelen, County Auditor/Treosurer B)` ------------------------- Registrar of Titles, Carver County, Minnesota I hereby certify that this plot of WYNSONG was filed this _____ day of 20_____, at ______ o'clock --__.M. as Document No.---------- Mork Lundgren, Registrar of Titles B)° --------------------- 24.21 TI I r- r7L_ I r•1A 1/`A/`L)r'� L. L/IV Irl vl\L_..% V v lJ \J LJ v /-I I I r -TI I A rl r%I-r'I tnAI I I I r 7 /-I Lo, L./ I I I lJ I V I C� II c� cJ /I r \` c, I �J 50 1 33 / CrY OF CHANHASSEN RECEIVED DEC 2 1 20 CWWHASSEN PLANNING DEPT VICINITY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA Loke Lucy Rd e yam T a qi Rd � HARMS LAKE PROJECT LOCATION Lon odea Dr. �o o• V NOT TO SCALE D 0 + •c H For p\Q Dr. Arboretum elvd 5 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS I I Cj 5-.4 I I - - - - - - - - J L - - - - - - - - BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AND BEING 5 FEET /N WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT. BEARING NOTE.- The OTE:The South line of SONG ADDITION, Carver County, Minnesota, is assumed to bear N894314"W. • denotes iron monument found denotes 1/2 inch x 14 inch iron pipe set and marked by License No. 40062. that will be set within one year after recording this plat, or sooner, as specified by the approving local governing unit. WTTO sSOCIATEs Engineers & Land Surveyors, inc. WYNSONG JR.TT. DOC. NO. 50 50 A ^f it Ih j --Carver County Monument I It /—I,r7L./I VV at the Northwest corner I of Section 10, Township I A Irr r -l / A .-+ l I � + / Ar -A /1 /11A/;— Cy CJ I, /1AI I IVIL_/-IUVYY 116, Range 23 L ./-I I \ L_ r 7/—I / \ / \ 1. V I V , -North line of SONG ADDITION (North line of Section 10) E 1189.60 Meos. 1190.00 Plot / _ L NB9�3'14"W SB9 X3'/4 _�- \87744 1071.66 - / _-� _ - 177.38 - c.'.'_ ------------------------------------- 1 767 N '4J 14 W 483A1 \ \ .\ � .\ - __ � �. _ !31.48 � i � 4 taunt 372.43 meas, 529.21 - '- C Z\\\ �// / \\ \ 1 50 I Carver County Monument ` �..,�drainage & utxty easement i,,. -_ \�� ww \ 'O \ wP9e of ` l \..\ I 1 / JJ of the North i/4 corner \ ✓ / \ l of Section 10, Township ian�� i� 116. Rouge 23 \ edge o1\. \y [ IJ\ wet loud --.\ - I \ �o1 ,.\ \�.dt utility easement drainage HARRISON ' N ' I LAKE Ordinary High Water Elevation = 99J6 Feet �• \ I A� kl� I g81'1070_W?27.90 _ _ = ^ v .,4J3 j I ...N7 �I h' ci L occordin to the MN DNR N.GV.0. 1929) _ _ _ _ _ _ �._ 30 *�/ Oq �� N2p, r - IJ� Wafer Elevation on 7/JI/12 99).6 Feet i _ !- L - - - - 588074TW 23)90- - - - - - _ — - _ _ _ _ - N7p4p 9? %� N ray 6p \I /? 40 gC eo ' ki It Stu +t --------- SOK' i/ _ 1p ip. �� / talo 68 rya'r\/ ebQeti / ^W `\ -- - - - - -- - r \ v �` ssb tiry h \ n O O V T \`gyp SO,r, / / •3.3 2 LOT OHWL = 993.6 Feet - � � c l � / n / / 7 ' / � (0-0)�ry ,I �N JNO`•b$�hgO.3 .°4v�Yst79'jB'r'n \ �� \ ' ' \ onyyN L`LV// l I [ - _ vy ._/...:. drainage �S76bi/ •3 '13 06- 558'28 droino a1 ?9 ao. w \ C& utility 55 I ,r NS>. 4 y , o,\eosement 1656Xg"1 67"EN8//; *s• ire \ \ / 7 BENCHMARK: 3 // `y Top of T -box c , \d .E / \ / \N \ Elev.=994.09 Feet \ I l -edge of Vj ( ) \ ^ h N N N G. V. D. 1929 '\ \�. +T °+ ry 4 y. •0 COQ —edge of \ ss Q.'j wet land / \N 0. ''Oh+/ blO+ /1hA y i$ B�J�\� Se \ C wet land h / [ J / \ 1 \ \\ ��/ / \ :�droinoge Cr utility easement, �� \-1133,� �'J/?� \ \392_8 \+ 18.74.. — _..,= I ^y —\\ \ / / 47754 32.77z �\ /I l IJJ \ -- // / / /:_65.57-_._..." ---118.37----�^- ��"--------------55970'42"E..--�� \ I 1 r - It 239.76 - 188.22 , 180.02 c / 169.43 ' = \ 1 - ♦ / / 682.17 N89 �3'14'W 1 f 10. f5 / v _ 5.87 1 24.22 e > A T ! /`A //t rl /+ TI tr- IA//"I/-\rl^ A r / `J I I %7L_ YYVVL/,..: /-I l LJ= p^Tl f A rl rllT//-\/t/ South line of /-1f / L. V l V 17/-I v l\ L_ 1 � I r 7 /-1 L/ L/ I I I l./ l V SONG ADDITION I f 7 L_ V Y l/ \/ U,.: I C, KNOW ALL PERSONS BY THESE PRESENTS: That Galpin Blvd Partners, LLC, a \ T f I r- �. r- Tl I A r'' t, I'r-I'1 A I Minnesota limited liability company, tee owner of the fol/owing described property situated in l i 7 L_ Y Y V V L/.,.: / AI T / n A ! / � A /'N - r -C-+ `A Tl / l (1 rt U U I I I V I V 50 the Count of Carver, State of Minnesota, to wit: L . V I V \7/-1 L y _ A r\ r1 I T/ n A / L. V I V l7/ -I v I \ L_ .. County v l\ L_ .. f l �) /-I U LJ l l l V l V 7j / CITY OF CHANHASSEN Lot 1, Block 1, SONG ADDITION, Carver County, Minnesoto. / I RECEIVED Hos caused the some to be surveyed and plotted as WYNSONG and does hereby dedicate to the DEC 2 1 2012 public for public use forever the dro;noge easements, and utility easements. In witness whereof said Golpin Blvd Partners, LLC hos caused these presents to be signed by its CMM/HASSENPLANNINGDEPT proper officer this------- day of ---------------------- 20----__ GALPIN BLVD PARTNERS LLC STATE OF MINNESOTA COUNTY OF ---------------- The foregoing instrument was acknowledged before me this ----- day of ---------------- 20 ...... --------------,20_--__, by --------------------------- ------------------ of Golpin Blvd Partners, LLC, o limited liability company, on behalf of the company (Notary Signature) (Notary Printed Nome) Notary Public, ______________County, Minnesota My Commission Expires: ___________________- t hereby certify that I surveyed and plotted or directly supervised the surveying and plotting of the land described on this plot; this plot is a correct representation of the boundary survey; all mathematical data and Iobels ore correctly designated; oil monuments depicted on the plot hove been or will be correctly set within one year; or/ water boundaries and wet lands as of this dote ore shown and labeled; and all public woys ore shown and labeled. -----------------------' Poul E. Otto. Land Surveyor Minnesota License Number 40062 STATE OF MINNESOTA COUNTY OF _____________________ The foregoing instrument was acknowledged before me this 20______, by Paul E. Otto, Land Surveyor. (Notary Signature) (Notary Printed Nome) Notary Public, ------ My Commission Expires: day of ______County, Minnesoto. ------------------- CHANHASSEN, MINNESOTA This plot of WYNSONG was approved and accepted by the City Council of the City at Chanhassen, Minnesota of a regular meeting thereof held this ----------- day of 20_____, and is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA By ----------------------------- Mayor By. ------------ Clerk County Surveyw, Carver County, Minnesota Pursuant to Chapter 395, Minnesota Laws of 1971, this plot has been approved this ------ day of-------------------, 20 ------ John E Freemyer, County Surveyor By-------------------------------------------- County Auditor/Treosurer, Carver County, Minnesota l hereby certify that taxes payable in ------------------ and prior years hove been paid for land described on this plot. Doted this _____ day of ------------ 20----. Laurie Engelen, County Auditor/Treasurer BY------------------------ Registrar of Titles. Carver County, Minnesoto l hereby certify that this plot of WYNSONG was filed this ----- day of 20_____, of ______ o'clock ----.M. as Document No. ---------- Mark Lundgren, Registrar of Titles BY., --------------------- VICINITY -------------------- V/C/N/TY MAP SECTION 10, TOWNSHIP 116, RANGE 23, CARVER COUNTY, MINNESOTA Lake Lucy Rd \.Oµe do :i• r ar Qi Rd HARRIS LAK£ PRaCCT LOC 770 00 z or. �D� N o' �D V NOT TO SCALE S\�n 0 �0 ;Q Hoofer Or. Arboretum Blvd 5 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: I I IL-5 i I 5 --�I o I 1 0 — — — — 1 — — — — J L BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT OF -WAY LINES, AND BEING 5 FEET /N WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING LOT LINES, AS SHOWN ON THE PLAT BEARING NOTE: The South line of SONG ADDITION, Carver County, Minnesota, is assumed to bear N89 43'14'W. • denotes iron monument found Q denotes 1/2 inch x /4 inch iron pipe set and marked by License No. 40062. that will be set within one year after recording this plot, or sooner, as specified by the approving loco/ governing unit. WSTTo SOCIATES Engineers & Land Surveyors, Inc. Preservation Easement Exhibit WA /. erNSG'L I NN Il ln'I„SL1VL FttLldagD iBaYRVA1B.W EASELfN! B \ASA.J4MlJe! 1 el A I 91af I�I11eLNIL Ii in 1^nn i/N / / / — — — — — — — — —L — — — — — — — — MTOfm IIE991MMY LILpIIA A NrWNI rlrll.w. aNw. W os N.I M N let 3 ets I. a.r mNM ewww, w W«+ro a w..wr Nes bl.wl rNw s etas Y.. LwNsl sANWW L NNs w a �.w0 MSN N.Wd M... U wWIN IA Iwv�N M. Nay N. 4vN eu N atl 1a1 J . iMs N A.IL M 4 IM MFt N t./.IeNwn N.i. //NN R N/s Y MwIN IJ .walO YY4 LNL W fNN Fe a bless N LT.J iY.t NNn nNN J N/� J NN.Iw R .qnN [wt a aelNln N uI.M M N d. M ry.Nw i MwY IJWw4 LW.. blww N JAA • denotes iron monument found Preser otlon Easement ELnMit O denotes on pipe set /,,,, \ on Lots 1. A and 1. frock 1, and marked as shown: ( I msmr co,. County. B denotes soil boring 0 denotes percolation feat hole MMnesota A /./.bY pwwWl .s.wl sw, wNN aN aay. MN M el lnd I H 4 IwvM ww �.`CYW Csn4A Y4nWL .WbY Is IM my Af WI IMxJ I IM Mwdi.wf re+N N.W bl 4 m N a�N MSIq el Lrvd Np.� U mYwlw 1I IsbN (rnl ymp �� IM NW lef A e MMo eI /Nt dlws Lead T Ni..l a0 aa6 M.4 e a41mu ✓ se R4 M1N Uwe Laid {tl Nyw L1 MwM1. II. .miS CW, e Mse eI RU N.{ IMwe Lead I Iqs IL nWfw R ai6 M, e bM.s NYIY M.' � Ibd A Ogees U.Mufw Le Wwb YW, e v0.1ww N MR'IN({Is d. xvd 0. N m 4N I. C\.a. � U .mM CW dup.W /4d Nes a 61a�w al }I!U Iwl fe M. pMI NCgnFy Galpin Blvd. Partners te: We.n By: Scale: Cemked By, 12/17/12 M.L.H. 1d = 40' P.E.O. U t tai..usury, esti �pMvi.m�wk wwdmseRUlM.mm ue.11w lona BNbIt (kvikvl Sbsaf Ow Bullab, MN 55.919 6l s FaC (]BJfE813V1 JaE No. QSsoclares 1-12-0191 Zucww* # QOe2 Elpkasls6Leld Swroyws, brc. / 1 1 I � c � c t F, I / U t tai..usury, esti �pMvi.m�wk wwdmseRUlM.mm ue.11w lona BNbIt (kvikvl Sbsaf Ow Bullab, MN 55.919 6l s FaC (]BJfE813V1 JaE No. QSsoclares 1-12-0191 Zucww* # QOe2 Elpkasls6Leld Swroyws, brc. Preservation Easement Exhibit A IN ■ 1 . / Fit \ I I l � I I SO".IMYr. � PFP°QSEa PFESEFVA]ICW EASE4ENI A \AMO"a r• InlaLle / I, I Aa - rysfaa r \ f+ 1 I _ .1 1.,1— uti I C� r I I PxPosp Prcmwlla. uaYEnrM ��C I I wnadm.Y®Ietaa/ rnsvwr A: IM yvvlM ..r�.l aa. wY mL .vm MIM laM1 I aM A MM.IOIIn ��fAaw, me avm Mel psl a�mL � J ew 1, �I, N'NSW(4 C++ Cvrv'p YMNAa umwe fe M. pal M...I \ / I Aymp viF.�ol Ca..... In. Svllwl avn� vI pe ti 1 M wF[ W N✓n i U /a SVM �In y.. U .Hwe� .cmb Ev NMn .L 14 a � ✓ I�GA I.t SV In 11 M1pra P mEul. Nit . I `.) M� mAul. .m�6 G pmo M Nx aI m Lal A a eYemw al )I el M MO EaFf of eq.w.y Mc. rnlFw !a a �b .ble.n MMM /MI: llne SwM 6 ap.e 53 �If. I Cwf, v �� I I Mmw M ..a r a xrs w wv..n.,l. Iq� A m1wf. IJ .ami Cst a 4M. M 1llN M1.Ilu W Mf aI..YE.M9 Jalma. NI ASA M1µ Mro NF'M U M}w D mx JO C v AM A.I IM al V" M"Y la aMmb [wG iMI NY NeYn /M MTI. uoapma. p.Fl M ey..Nq • denotes iron monument Pound Prosnrotiwr Easement ENllialt F"a""M"tl Dr. I hen k wn"r that m. n r, fppafl af.paiM ty m. NYN.ae]/9[af//W.pTI O denotes Ton pip. eel O and marked 0 i t11sWn: an Lots ,. J and ,. �, ,, a pin Blvd. Partners oru aM lar aM.at ay.INmon Mw OctMn a aw tr<.n..e �naQ Oct 1 Ya0 a' tM 9 Nl silufilssf awsxs T� 3 Wf3m„ IVMSONC. CO County. Date' Olavn BV: $caN: Ch-kwl Sr; JM Na. • denotes soil twrin9 FY.i)B.i�$rtl'1 SOCIAiE3 D denotes percolation test hole Minnesota 12/17/12 M.L.H. 1"= 4Q' P.E.O. Paw c ane 1-12-0191 pan: /J-J/•/J t;cen.. 1 .me3 EnyMwrs 6 LerM.SurMWIs. Mc. OI O 1 N � 8 ' ££S•8 Ila � s / co �O WI ' -✓ I � �a I I C v CL I I CO/ r W a I % a ja r_ % I ta•4, �� o i 6is�aR€ls1�1lsdss�%l E� ° d d �— tt [ }} S U c tti YOef# t s ;rH� � ;jg'as E t 41 Willi 8y [tsRi3�.�� X11 >Wi lliZye�Fjg� 4ty�_ $ !IF! �sls !F Mill E ge c o { ° o0 ai?'9;is��fi��l�lYfZRfta IY ill` �T111y±iiRR� yi"RR7 0 of F o I' • 0 03 O•�i O A N � g i // i•1 I ig Y • I « �� / fi I �S�g N ! �f / U4 a / I V iZ A I 5{ F R a¢�Rgia{.`i 'fix �Yala W o c�, I c c I g3 8l{�1 F g a I x% y$y$ •� ll c •8{ aeae'rst3? I I it E�i faR4 i'YR n a�qqa �: e � £ 6 Ito +� FE aga:{agaY� i{ a `F �i•gtillf FA. EFA". I I 4�le {jj{83l` �^!(�{Ye�ii{`F77tt j)ii{Ye Joel, jA`d E L t�afi6��l8�CCF87 Ao 'o° ' x i i ( ,R? iRe i7iaR7lRRiitR I a vo 00 0 0 00 SPECIFICATIONS FOR WYNSONG Grading, Utility and Street Construction Chanhassen, Minnesota Otto Project No. 2-12-0191 ,;i' OFCAMHMS Ee RECFI\ EF DEC 21 2012 CANHMEN PLANNING DEPT I lu SOCIATES Engineers & Land Surveyors, Inc. 9 West Division Street, Buffalo, MN 55313 • 763-682-4727 • Fax 763-682-3522 • www.ottoassociates.com CERTIFICATION I I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. ' Cara Schwalm Otto PA Aft Reg. No. 40433 Date 121 19 1 12 TABLE OF CONTENTS WYNSONG GRADING, UTILITY AND STREET CONSTRUCTION CHANHASSEN, MINNESOTA TITLE PAGE CERTIFICATION TABLE OF CONTENTS BIDDING REOUIl2EMENTS Bid Form Affidavit of Non -Collusion CONTRACT FORMS Standard Form of Agreement Performance Bond Form Payment Bond Form CONDITIONS OF THE CONTRACT Standard General Conditions of the Construction Contract ' Supplementary General Conditions SPECIFICATIONS ' Part 1 - Special Conditions (General) Part 2 - Special Conditions (Technical) NPDES SWEEP (STORM WATER POLLUTION PREVENTION PLAN) (On File With the Engineer) C.E.A.M. STANDARD UTILITY SPECIFICATIONS (On File With the Engineer) MnDOT STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION (On File With the Engineer) THIS DOCUMENT CONTAINS ALL ITEMS AND PAGES LISTED UNDER THE TABLE OF CONTENTS ABOVE. IT IS THE BIDDER'S RESPONSIBILITY TO VERIFY THAT ALL NECESSARY PAGES ARE INCLUDED IN THIS DOCUMENT PRIOR TO SUBMITTING BID. BIDDING REQUIREMENTS Contractors Name Telephone BID FORM PROJECT IDENTIFICATION: ' WYNSONG GRADING, UTILITY AND STREET CONSTRUCTION CHANHASSEN, MINNESOTA PROJECT NO. 2-12-0191 BIDS TO BE SUBMITTED BY: BID DATE AND TB14E ' THIS BID IS SUBMITTED TO: GALPIN BLVD PARTNERS, LLC c/o Otto Associates, Inc. 9 West Division Street ' Buffalo, MN 55313 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with ' OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contact Time indicated in this Bid and in accordance with the other terns and conditions of the Contract Documents. ' 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty days after the day of Bid opening. BIDDER will sign and submit the ' Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S Notice of Award. t 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): DATE NUMBER t (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, Progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions and accepts the ' determination set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. No additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) (Any other representation required by Laws and Regulations.) 4. BIDDER will complete the Work for the following price(s): Quantities are not guaranteed. Final payment will be based on actual quantities. 5. BIDDER agrees that the Work will be substantially complete and completed and ready for final payment in accordance with the General Conditions on or before the dates indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this BID: (a) A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid. (b) Affidavit of Non -Collusion 7. Communications concerning this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON 20 If BIDDER is: An Individual By (Individual's Name) doing business as Phone No: A Partnership By (Finn Name) Business Address: Phone No: A Corporation °m I (Corporate Seal) (SEAL) (SEAL) (General Partner) (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (Title) Attest (Secretary) Business Address: Phone No: A Joint Venture — (Name) (Address) _ (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). STATE OF COUNTY OF BID FORM WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Otto Project No. 2-12-0191 DeceniM 19, M12 SCHEDULE A - SANITARY SEWER CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 8" PVC Pipe Sewer SDR 35 with Granular Bedding LF 272 Standard Sanitary Sewer MH (0'-121,48" Dia. EACH 2 Connect to Existing MH Core Drill EACH 1 8"x 6" PVC WYE EACH 4 6" PVC Pipe Sewer SDR 26 Service Pipe with Granular Bedding LF 110 6" Cleanout EACH 1 Televising Inspection LF 272 Connect New Services to Existing Home Services LS 1 Remove Existin 6" Pipe and Cleanouts(Plug End LF 1 TOTAL SCHEDULE B - WATERMAIN CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 6" C-900 DR -I8 Watermain with Tracer Wire and Granular Bedding LF 550 Fire Hydrant w/6" Gate Valve and Box EACH 1 1" Corporation Stop EACH 4 1" Curb Stop and Box(Including Extensions EACH 4 1" Type K Copper PiDe LF 105 Shut Off Existing 2" Water Service at Corp. EACH 1 18" x 6" Wet T(Incl. 6" GV LS 1 TOTAL BID FORM WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Olio Project No. 2-12-0191 Decem0er 19.2012 SCHEDULE C -STORM SEWER CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL 12" CMP Culvert 30 LF Incl. FES LS 1 Gradin rt 12" RCP Culvert 77 LF(Incl. FES LS 1 Subgrade Preparation (I'Depth) 12" RCP Culvert 52 LF Incl. FES LS 1 Agg. Base Cl. 5, In Place 10" Inc. 1' Beyond Edge of Bituminous, 100% Crushed Remove Existing CMP Culverts EACH 2 1 1/2" MnDOT LVWE35030B 4" Perforated PE Draintile with Geotextile Fabric & Filter AggrcRate LF 216 2"MnDOTLVNW35030B TOTAL 1421 SCHEDULED -GRADING AND STREET CONSTRUCTION CONTRACT ITEM UNITS EST QUANT UNIT PRICE TOTAL Clearing and Grubbing LS 1 Gradin rt LS 1 Subgrade Preparation (I'Depth) RS 6.4 Agg. Base Cl. 5, In Place 10" Inc. 1' Beyond Edge of Bituminous, 100% Crushed SY 1560 1 1/2" MnDOT LVWE35030B SY 1421 2"MnDOTLVNW35030B SY 1421 Geotextile Fabric If Needed SY 800 Tack Coat GAL 85 Utility Conduit Crossing EACH 1 Remove and Dispose of Existing Bituminous SY 775 Bituminous Trail/Driveway SY 30 F&I No Parking Fire Lane Sipns EACH 5 F&I Stop Sign EACH 1 F&I Street Sign EACH 1 F&I Development Sign EACH 1 TOTAL BID FORM WYNSONG Chanhassen, Minnesota GALPIN BLVD PARTNERS, LLC Otto Project No. 2-12-0191 Dene. a 19, 2012 SCHEDULE E - EROSION AND SEDIMENT CONTROL CONTRACT ITEM UNITSI I EST QUANT UNIT PRICE TOTAL Rock Construction Entrance Install and Maintain EACH 1 SCHEDULE D - GRADING AND STREET CONSTRUCTION Restoration Seed, Fertilimr & Mulch, MnDOT 270 GR ACRE 0.5 TOTAL Wetland Buffer Restoration MnDOT 310 SF 1700 Silt Fence(Including Maintenance LF 560 Tree Protection Fence with Metal T -Posts LF 665 Erosion Control Blanket SY 1000 Retaining Wall Modular Block SF73 CL. III RipRap with Filter Cy 16 Flared End Sediment Trap Install and Maintain EACH 2 TOTAL CONTRACT ITEMS SCHEDULE A - SANITARY SEWER SCHEDULE B - WATERMAIN SCHEDULEC - STORM SEWER SCHEDULE D - GRADING AND STREET CONSTRUCTION SCHEDULE E - EROSION & SEDIMENT CONTROL TOTAL NOTES: It is the CONTRACTOR'S responsibility to make his own determination of the Common Excavation quantities necessary to complete ' the work as called for in these Contract Documents. If the CONTRACTOR'S determination of the Common Excavation quantities differ substantially from those quantities as stipulated on the Bid Form, the CONTRACTOR shall contact the ENGINEER prior to his/her submission of bids. ' The CONTRACTOR shall have no justification for any change in the contract amount for the accepted plan quantity porion of the bid after a Standard Form of Agreement between OWNER and CONTRACTOR has been fully executed by both parties. The GRADING CONTRACTOR shall complete the work as shown on the plans according to the provisions of the Contract Documents. ' Final Payment will be based on the accepted plan quantity bid amount as shown on the Bid Form. AFFIDAVIT OF NON -COLLUSION I hereby swear (or affirm) under the penalty of perjury: l) That I am the Bidder (if the bidder is an individual), a Partner in the bidder (if the bidder is a partnership) or an Officer or Employee of the Bidder corporation having authority to sign on its behalf (if the bidder is a corporation); 2) That the attached bid or bids have been arrived at by the Bidder individually and have been submitted without collusion with, and without any agreement, understanding or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid designed to limit individual bidding or competition; 3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person, prior to any official opening of the bid or bids; and 4) That 1 have fully informed myself regarding the accuracy of the statements made in this affidavit. Subscribed and sworn to before me This day of 20 Bidder: Firm making bid or bids OFFICIAL TITLE CONTRACT FORMS EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 20_ by and between GALPIN BLVD PARTNERS, LLC (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: WYNSONG Grading, Utility and Street Construction Chanhassen, Minnesota ARTICLE 2. ENGINEER The Project has been designed by Otto Associates Engineers and Land Surveyors, Inc. who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the contract documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The work shall be substantially completed on or before The project shall be completed and ready for final payment in accordance with the General Conditions on or before Substantial completion shall include all bid items except the bituminous wear course. Utility testing and completion of initial punch list shall be part of substantial completion. 32 Liquidated Damages - OWNER and CONTRACTOR recognize that time is of the essence and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the OWNER will deduct from any monies due or coming due to the CONTRACTOR the amount of Two Hundred Fifty Dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any property extension thereof granted by OWNER, the OWNER, will deduct from any monies due or coming due to the CONTRACTOR, the amount of One ' Hundred Fifty Dollars ($150.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds at the unit prices as shown on the attached Contractor's Bid multiplied by the final I Otto Associates Engineers and Land Surveyors, Inc. STANDARD FORM OF AGREEMENT Otto Project No. 2-12-0191 PAGE SFA -1 quantities determined in accordance with the General Conditions. ARTICLE 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments - OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the fast Monday of the month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to final completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 95% of the Work completed as provided for in the Specifications 0% of material and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment - Upon final completion and acceptance of the Work by the City, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. ARTICLE 6. INTEREST All moneys not paid when due as provided in the General Conditions shall bear interest at the rate of 1 percent per month. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in the General Conditions, and accepts the determinations set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site of otherwise may affect the cost, progress, performance of furnishing of the Work as CONTRACTOR considers necessary for the performance of famishing of the Work at the Contract Price, within the conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of investigations, explorations, test, reports, studies or similar information of data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Otto Associates Engineers and Land Surveyors, Inc. STANDARD FORM OF AGREEMENT Otto Project No. 2-12-0191 PAGE SFA -2 11 1 Contract documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information of data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 4 , inclusive). 8.2 General Conditions 8.3 Supplementary General Conditions 8.4 Specifications bearing the title: WYNSONG — GRADING. UTILITY AND STREET CONSTRUCTION and consisting of 2 Parts, Special Conditions General, and Special Conditions Technical. 8.5 Drawings consisting of sheets numbered 1 through 9, inclusive, with each sheet bearing the general title: WYNSONG. 8.6 Addenda number to 8.7 CONTRACTOR'S bid (pages to. inclusive) marked Exhibit A. 8.8 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. ARTICLE 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are identified in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal Otto Associates Engineers and Land Surveyors, Inc. STANDARD FORM OF AGREEMENT Otto Project No. 2-12-0191 PAGE SFA -3 representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 120 CONTRACTOR OWNER I (CORPORATE SEAL) Attest Address for giving notices: (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Otto Associates Engineers and Land Surveyors, Inc. Otto Project No. 2-12-0191 I (CORPORATE SEAL) Attest Address for giving notices: License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) STANDARD FORM OF AGREEMENT PAGE SFA -4 PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place ofBuriness): OWNER (Name and Address): Galpin Blvd Partners, LLC P.O. Box 218 Chanhassen, MN 55317 CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): WYNSONG CHANHASSEN, MINNESOTA BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY (Seal) Contractor's Name and Corporate Seal By: Signature Print Name Title Attest: Signature Surety's Name and Corporate Seal t Attest: Signature (Attach Power of Attorney) Print Name Title Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. EJCD C Cfi10 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of 1 (Seal) Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for: EJCDC C610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. 2 oft 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; ' 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. ' 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made including allowance to Contractor of any 11.2 11.3 11.4 amounts received or to be received by Owner damages to which Contractor is entitled, reduced behalf of Contractor under the Contract. in settlement of insurance or other Claims for by all valid and proper payments made to or on Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. [FOR INFORMATION ONLY — (Name, Address and Telephone) Surety Agency or Broker: Owner's Re resentative En 'neer or other EJCDC Cfi10 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Paee 3 of 3 PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): OWNER (Name and Address): Galpin Blvd Partners, LLC P.O. Box 218, Chanhassen, MN 55317 CONTRACT Effective Date of Agreement: Amount: Description (Name and Location): WYNSONG CHANHASSEN, MINNESOTA BOND Bond Number: Date (Not earlier than Effective Date of Agreement): Amount: Modifications to this Bond Form: SURETY (Name, and Address of Principal Place of Business): ' Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. ' CONTRACTOR AS PRINCIPAL Contractor's Name and Corporate Seal C ' Attest: SURETY (Seal) (Seal) Surety's Name and Corporate Seal By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Signature Signature Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. (Mw001504t1) EJCDC C -615(A) Payment Bond Prepared by the Engineers Joint Contract Documents Committee. Page I of 3 March 2008 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of famishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. (Mwoo15o4:1) EJCDC C -615(A) Payment Bond March 20M Prepared by the Engineers Joint Contract Documents Committee. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were famished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY — (Name, Address, and Telephone) Surety Agency or Broker: Owner's Representative (Enizineer or other): (NIN1,001504;1) EJCDC C -615(A) Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Pace 3 of 3 CONDITIONS OF THE CONTRACT This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by JOINT CONTRACT DOCUMENTS COMMITTEE IJ ' Issued and Published Jointly by ' uAC E C ..,., ASCE American Society National Society of (B Professional Engineers of Civil Engineers PWesslaulEngineers lnPnWlePiaclice AMERICAN COUNCIL OF ENGINEERING COMPANIES ' ASSOCIATED GENERAL CONTRACTORS OF AMERICA ' AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Endorsed by CONSTRUCTION SPECIFICATIONS INSTITUTE EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition). Copyright ® 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.ore American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703)548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. ' STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ' TABLE OF CONTENTS ' Page Article I — Definitions and Terminology..................................................................................................1 ' 1.01 Defined Terms........................................................................................ 1 ............................. 1.02 Terminology ........................................................................................................................5 ' Article 2 — Preliminary Matters................................................................................................................6 2.01 Delivery of Bonds and Evidence ofinsurance.......................................................................6 2.02 Copies of Documents...........................................................................................................6 ' 2.03 Commencement of Contract Times; Notice to Proceed........................................................6 2.04 Starting the Work................................................................................................................7 2.05 Before Starting Construction...............................................................................................7 2.06 Preconstruction Conference; Designation of Authorized Representatives ..............................7 2.07 Initial Acceptance of Schedules............................................................................................7 ' Article 3 — Contract Documents: Intent, Amending, Reuse.....................................................................8 3.01 Intent...................................................................................................................................8 3.02 Reference Standards............................................................................................................8 ' 3.03 Reporting and Resolving Discrepancies................................................................................9 3.04 Amending and Supplementing Contract Documents..............................................................9 3.05 Reuse of Documents..........................................................................................................10 ' 3.06 Electronic Data..................................................................................................................10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental ' Conditions; Reference Points.................................................................................................. i l 4.01 Availability of Lands..........................................................................................................1 l 4.02 Subsurface and Physical Conditions................................................................................... 11 ' 4.03 Differing Subsurface or Physical Conditions.......................................................................12 4.04 Underground Facilities .......................................................................................................13 4.05 Reference Points...............................................................................................................14 ' 4.06 Hazardous Environmental Condition at Site.......................................................................14 Article5 — Bonds and Insurance ............................................................................................................16 ' 5.01 Performance, Payment, and Other Bonds...........................................................................16 5.02 Licensed Sureties and Insurers...........................................................................................16 ' 5.03 Certificates of Insurance .....................................................................................................17 5.04 Contractor's Insurance .......................................................................................................17 5.05 Owner's Liability Insurance ................................................................................................19 ' 5.06 Property Insurance .............................................................................................................19 5.07 Waiver of Rights................................................................................................................20 5.08 Receipt and Application of Insurance Proceeds..................................................................21 ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EJCDC. All rights reserved. Pages 5.09 Acceptance of Bonds and Insurance; Option to Replace.....................................................21 5.10 Partial Utilization, Acknowledgment of Property Insurer....................................................22 Article 6 - Contractor's Responsibilities ................................................................................................22 6.01 Supervision and Superintendence.......................................................................................22 6.02 Labor; Working Hours.......................................................................................................22 6.03 Services, Materials, and Equipment....................................................................................23 6.04 Progress Schedule..............................................................................................................23 6.05 Substitutes and"Or_E1uaIs .................................................................................................23 6.06 Concerning Subcontractors, Suppliers, and Others.............................................................26 6.07 Patent Fees and Royalties...................................................................................................27 6.08 6.09 Permits..............................................................................................................................28 Laws and Regulations........................................................................................................28 6.10 6.11 Taxes.................................................................................................................................28 Use of Site and Other Areas...............................................................................................28 6.12 Record Documents............................................................................................................29 6.13 6.14 Safety and Protection.........................................................................................................29 Safety Representative.........................................................................................................30 8.04 6.15 Hazard Communication Programs......................................................................................31 8.05 6.16 Emergencies......................................................................................................................31 8.06 6.17 6.18 Shop Drawings and Samples..............................................................................................31 Continuing the Work.........................................................................................................33 8.07 6.19 Contractor's General Warranty and Guarantee...................................................................33 8.08 6.20 Indemnification.................................................................................................................. 34 6.21 Delegation of Professional Design Services........................................................................34 8.10 Article7 - Other Work at the Site.........................................................................................................35 7.01 Related Work at Site..........................................................................................................35 7.02 Coordination......................................................................................................................36 7.03 Legal Relationships............................................................................................................36 Article 8 - Owner's Responsibilities ......................................................................................................36 8.01 Communications to Contractor..........................................................................................36 8.02 Replacement of Engineer...................................................................................................37 8.03 Furnish Data......................................................................................................................37 8.04 Pay When Due...................................................................................................................37 8.05 Lands and Easements; Reports and Tests...........................................................................37 8.06 Insurance ........................................................................................................................... 37 8.07 Change Orders...................................................................................................................37 8.08 Inspections, Tests, and Approvals......................................................................................37 8.09 Limitations on Owner's Responsibilities .............................................................................37 8.10 Undisclosed Hazardous Environmental Condition..............................................................38 8.11 Evidence of Financial Arrangements...................................................................................38 8.12 Compliance with Safety Program.......................................................................................38 Article 9 - Engineer's Status During Construction................................................................................38 9.01 Owner's Representative.....................................................................................................38 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 01007 National Society of Professional Engineers for EJCDC. All rights reserved. Page ii I 9.02 Visits to Site......................................................................................................................38 9.03 Project Representative.......................................................................................................39 9.04 Authorized Variations in Work..........................................................................................39 9.05 Rejecting Defective Work..................................................................................................39 9.06 Shop Drawings, Change Orders and Payments...................................................................39 9.07 Determinations for Unit Price Work...................................................................................40 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work..................40 9.09 Limitations on Engineer's Authority and Responsibilities ....................................................40 9.10 Compliance with Safety Program.......................................................................................41 Article 10 - Changes in the Work; Claims.............................................................................................41 10.01 Authorized Changes in the Work.......................................................................................41 10.02 Unauthorized Changes in the Work....................................................................................41 10.03 Execution of Change Orders..............................................................................................41 10.04 Notification to Surety ........................................................................................................42 10.05 Claims...............................................................................................................................42 Article 11 - Cost of the Work; Allowances; Unit Price Work................................................................43 11.01 Cost of the Work...............................................................................................................43 11.02 Allowances........................................................................................................................46 11.03 Unit Price Work.................................................................................................................46 Article 12 - Change of Contract Price; Change of Contract Times.........................................................47 12.01 Change of Contract Price ...................................................................................................47 12.02 Change of Contract Times.................................................................................................48 12.03 Delays................................................................................................................................48 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ..................49 13.01 Notice of Defects...............................................................................................................49 13.02 Access to Work.................................................................................................................49 13.03 Tests and Inspections.........................................................................................................49 13.04 Uncovering Work..............................................................................................................50 13.05 Owner May Stop the Work................................................................................................51 13.06 Correction or Removal of Defective Work.........................................................................51 13.07 Correction Period..............................................................................................................51 13.08 Acceptance of Defective Work...........................................................................................52 13.09 Owner May Correct Defective Work..................................................................................52 Article 14 - Payments to Contractor and Completion............................................................................53 14.01 Schedule of Values............................................................................................................53 14.02 Progress Payments.............................................................................................................53 14.03 Contractor's Warranty of Title...........................................................................................56 14.04 Substantial Completion......................................................................................................56 14.05 Partial Utilization...............................................................................................................57 14.06 Final Inspection..................................................................................................................58 ' 14.07 Final Payment....................................................................................................................58 14.08 Final Completion Delayed..................................................................................................59 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. 14.09 Waiver of Claims...............................................................................................................59 Article 15 — Suspension of Work and Termination.................................................................................60 15.01 Owner May Suspend Work................................................................................................60 15.02 Owner May Terminate for Cause.......................................................................................60 15.03 Owner May Terminate For Convenience............................................................................61 15.04 Contractor May Stop Work or Terminate..........................................................................61 Article16 — Dispute Resolution.............................................................................................................62 16.01 Methods and Procedures....................................................................................................62 Article17 — Miscellaneous....................................................................................................................62 17.01 Giving Notice ....................................................................................................................62 17.02 Computation of Times.......................................................................................................63 17.03 Cumulative Remedies.........................................................................................................63 17.04 Survival of Obligations.......................................................................................................63 17.05 Controlling Law.................................................................................................................63 17.06 Headings............................................................................................................................63 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EICDC. All rights reserved. Page iv 1 tARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms ' A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to ' both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. ' 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. ' 2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work. ' 3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the ' Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is ' releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. ' 5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. ' 6. Bidder—The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents ' (including all Addenda). 8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order—A document recommended by Engineer which is signed by Contractor and ' Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A ' demand for money or services by a third party is not a Claim 11. Contract—The entire and integrated written agreement between the Owner and Contractor ' concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. ' E1CDC C-700 Standard General Conditions of the Construction Contract Copyright B 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page 1 of 62 11 12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (in) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment. 15. Contractor—The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work—See Paragraph 11.01 for definition. 17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer—The individual or entity named as such in the Agreement. 20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements—Sections of Division 1 of the Specifications. 22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laxs and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. EJCDC C-700 Standard General Conditions or the Construction Contract Copyright ® 2007 National society or Professional Engineers for EJC17C. All rights reserved. Psee 2 of 62 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. ' 26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. ' 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. ' 28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform ' the Work under the Contract Documents. 29. Owner—The individual or entity with whom Contractor has entered into the Agreement and ' for whom the Work is to be performed. 30. PCBs—Polychlorinated biphenyls. 31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, ' kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 32. Progress Schedule ---A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. ' 33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. ' 34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. ' 35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. ' 36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof 37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required ' submittals and the time requirements to support scheduled performance of related construction activities. ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for FJCDC. All rights reserved. Page 3 of 62 39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award. 46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 49. Unit Price Work—Work to be paid for on the basis of unit prices. 50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page 4 of 62 t construction, and famishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ' 51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen ' subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. ' 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through F are not defined but, when used ' in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives `reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents. ' C. Day: 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Poee 5 of 62 c. has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide: 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word `install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform" or `provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied. F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of1murance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. rage6 of 62 ' Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. ' 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to ' run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. ' 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review: ' 1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary Schedule of Submittals; and 3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference; Designation ofAuthorized Representatives A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 13 At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. 2.07 Initial Acceptance of Schedules A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page 7 of 62 complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary, what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 8 of 62 I employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). ' 3.04 Amending and Supplementing Contract Documents ' A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 7007 National Society of Professional Engineers for EICDC. All rights reserved. Page 9 of 62 3.05 Ir B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer's written interpretation or clarification. Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Pace 10 of 62 ' ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof; Contractor may make a Claim therefor as provided in Paragraph 10.05. B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the `technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such `technical data" is identified in the Supplementary Conditions. Except for such reliance on such `technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations, opinions, or information. EICDC C-700 Standard General Conditions of the Construction Contrail Copyright 0 2007 National SociNy of Professional Engineers for EICDC. All rights reserved. Page 11 of 62 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer's Review. After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. C. Possible Price and Times Adjustments: 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if. a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pape 12 of 62 contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as required by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, ' if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or ' subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on ' information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: ' I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and ' 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: ' a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; ' c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction; and 1 d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: ' 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further ' disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page 13 of 62 1 4.05 1. consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. Reference Points A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the `technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such `technical data" is identified in the Supplementary Conditions. Except for such reliance on such `technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any `technical data" or any such other data, interpretations, opinions or information. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® I007 National Society of Professional Engineers for EJCDC. All rights reserved Pace 14 of 62 C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately. (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (u) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold hamiless Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is EJCDC C-700 Standard Cenral Conditions of the Construction Contract Copyright ID 2007 National Society of Professional Engineers for EICDC. All rights reserved. Nee 15 of 62 responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 — BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also famish such other bonds as are required by the Contract Documents. B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attomey-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attomey-in-fact signed each bond. C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. NI rights reserved. Pane 16 of 62 licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in ' the Supplementary Conditions. 5.03 Certificates of Insurance ' A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of ' insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain. ' B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to ' purchase and maintain. C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance t with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance. ' D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor. ' E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner in the Contract Documents. ' 5.04 Contractor's Insurance ' A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the ' Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: ' 1, claims under workers' compensation, disability benefits, and other similar employee benefit acts; ' 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees; ' 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 17 of 62 a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance required by this Paragraph 5.04 shall: 1: with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby, 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, 3. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 4. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance famished by the Contractor pursuant to Paragraph 5.03 will so provide); 5. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and 6. include completed operations coverage: a. Such insurance shall remain in effect for two years after final payment. b. Contractor shall famish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter. FJCDC C-700 Standard Cenral Conditions of the Construction Contract Copyright C 2007 National Society of Professional Engineers for EICDC. All rights reserved Page 18 of 62 5.05 Owner's Liability Insurance A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee; 2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief; earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage (other than that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer, 5. allow for partial utilization of the Work by Owner; ' 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by ' Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such equipment breakdown insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. _ _ Page 19 of 62 5.07 members, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as a loss payee. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07. D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be home by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner. Waiver of Rights A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. 6ICDC C-700 Standard General Conditions of the Construction Contract Copyright® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 20 of 62 I ' B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them for: loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of; or resulting from fire or other perils whether or not insured by Owner; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order. B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 21 of 62 and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other ' right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 22 of 62 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below. 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements EICDC C-700 Standard General Conditions of the Construction Contract Copyright 62007 National Society of Professional Engineers for EICDC. All rights reserved. Page 23 of 62 for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service. b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a proposed substitute item b. Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented by the General Requirements, and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to famish or use. The application: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page 24 of 62 ' 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of Substantial Completion on time, b) whether use of the proposed substitute item in the Work will require a change in ' any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; ' 3) will identify. ' a) all variations of the proposed substitute item from that specified, and b) available engineering, sales, maintenance, repair, and replacement services; and ' 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change. ' B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, ' Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is ' equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2. ' C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to famish additional data about the proposed substitute item Engineer will ' be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by a Change Order in the case of a substitute and an approved Shop Drawing for an "or equal." Engineer will advise ' Contractor in writing of any negative determination. D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special ' performance guarantee or other surety with respect to any substitute. E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a ' substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, ' Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of ' EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of professional Engineers for EJCDC. All rights reserved. Page 25 of 62 Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shall be fully responsible to Owner and Engineer for all ads and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 26 of 62 1 F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. ' G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance ' provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the ' Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same. ' 6.07 Patent Fees and Royalties ' A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a ' particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and it to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or ' royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents. ' B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance ' of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights. ' C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, ' agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, ' architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infiingement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the ' EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 27 of 62 Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laus and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Pare 28 of 62 ' responsibility for any damage to any such land or area, or to the owner or occupant thereof; or of any adjacent land or areas resulting from the performance of the Work. ' 2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. ' 3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, ' employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's ' performance of the Work. B. Removal of Debris During Performance of the Work. During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. ' C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor ' shall remove fi-om the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. ' D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the ' Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents ' A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written ' interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the ' Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 29 of 62 take all necessary precautions for the safety o1; and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work. D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of professional Engineers for EJCDC. All rights reserved. Paoe30 of 62 6.15 Hazard Communication programs ' A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged ' between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies ■ A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. ' Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract ' Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued. ' 6.17 Shop Drawings and Samples A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in ' accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. ' 1. Shop Drawings: a. Submit number of copies specified in the General Requirements. ' b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to ' show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D. ' 2. Samples: a. Submit number of Samples specified in the Specifications b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog ' numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. ' B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor. 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 31 of 62 1 C. Submittal Procedures: 1. Before submitting each Shop Drawing or Sample, Contractor shall have: a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and d. determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation. D. Engineer's Review.• 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Pa¢e32 of 62 I ' each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. ' E. Resubmittal Procedures: ' 1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. 6.18 Continuing the Work A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any ' disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 6.19 Contractor's General Warranty and Guarantee ' A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, ' partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. ' B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by. - 1. y:1. abuse, modification, or improper maintenance or operation by persons other than ' Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: I. observations by Engineer; 2. recommendation by Engineer or payment by Owner of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. use or occupancy of the Work or any part thereof by Owner; 5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer; EJ CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. PaaeM of 62 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable. B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them maybe liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of. 1. the preparation or approval of or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee34 of 62 B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must ' satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such ' professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. ' D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract ' Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1. ' E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ' ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to Contractor prior to starting any such other work; and 2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05. B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EICDC. All rights reserved. Page 35 of 62 affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If the proper execution or results of any part. of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.0I.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's wrongful actions or inactions. C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's wrongful action or inactions. ARTICLE 8 — OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee36 of 62 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. 8.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. ' 8.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site. 8.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. 8.09 Limitations on Owner's Responsibilities A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright B 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page37 'of 62 8.10 Undisclosed Hazardous Environmental Condition ' A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set , forth in Paragraph 4.06. 8.11 Evidence of Financial.4rrangements ' A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents. ' 8.12 Compliance with Safety Program A. While at the Site, Owner's employees and representatives shall comply with the specific ' applicable requirements of Contractor's safety programs of which Owner has been informed pursuant to Paragraph 6.13.D. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative ' A. Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents. 9.02 Visits to Site A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified ' design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is ' proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence , that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. ' B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a ' result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, ' techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engiheers for EJCDC. All rights reserved. Page38 of 62 ' 9.03 1 ' 9.04 9.05 1 ' 9.06 1 Project Representative A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. Authorized Variations in Work A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. Rejecting Defective Work A. Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed. Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thercof as to Shop Drawings and Samples, see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof; as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Paee J9 of 62 9.07 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question. B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believes that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.13. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. 9.09 Limitations on Engineer's Authority and Responsibilities A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. EJCDC C-700 Standard General Condition of the Construction Contract Copyright ® 2007 National Society of Professional Wineers for EJCDC. All rights reserved. Page 40 of 62 ' C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. ' D. Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph ' 14.07.A will only be to determine generally that their content complies with the requirements o$ and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. ' E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any. ' 9.10 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D. ' ARTICLE 10 — CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work ■ A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a ' Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). ' B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05. 10.02 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the ' Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as ' provided in Paragraph 13.04.D. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering: ' E1CDC C-700 Standard General Conditions of the Construction Contract Copyright 8 2007 National Society of Professional Engineers for EICDC. All rights reserved. Page41 of 62 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (i) required because of acceptance of defective Work under Paragraph 13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A. 10.04 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). EJCDC C-700 Standard General Conditions orthe Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Paoe42 of 62 I ' C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part; ' 2. approve the Claim; or 3. notify the parties that the Engineer is unable to resolve the Claim if; in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall ' be deemed denied. E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. ' F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ' 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded ' in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those ' prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.13, and shall include only the following items: ' I. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel ' employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall ' include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. ' EICDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers for EJCDC..W rights reserved Page 43 of 62 2. Cost of all materials and equipment famished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations. e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee44 of 62 ' property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for ' whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. ' h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with ' the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: ' 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work ' and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. ' 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. ' 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. ' 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including ' but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. ' C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis ' of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ID 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pier 45 of 62 D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data. 11.02 Alloxrrnces A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances: 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allovwnce: 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 46 of 62 D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work; and 3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.] and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph ] 1.0l.A.3, the Contractor's fee shall be five percent; EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EICDC. All rights reserved. Page 47 of 62 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually perforins the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1 and I1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4, I 1.0l.A.5, and 11.01.13; e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.0l.C.2.a through 12.0l.C.2.e,inclusive. 12.02 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05. B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 12.03 Delays A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 48 of 62 C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EICDC. All rights reserved. Paee 49 of 62 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.13 shall be paid as provided in Paragraph 13.04.C; and 3. as otherwise specifically provided in the Contract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval. D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and Of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof Owner may make a Claim therefor as provided in Paragraph 10.05. D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the EICDC C-700 Standard General Conditions or the Construction Contract Copyright ® 2007 National Society of Professional Engineers for FJCDC. All rights reserved. Pare 50 of 62 parties are unable to agree as to the amount or extent thereof Contractor may make a Claim therefor as provided in Paragraph 10.05. 13.05 Owner May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof; until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 51 of 62 B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. It instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and for the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof; Owner may make a Claim therefor as provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. 13.09 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work. D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION ' 14.01 Schedule of Values A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for ' progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. ' 14.02 Progress Payments A. Applications for Payments: 1. At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Psee 53 of 62 arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review ojApplicationr: 1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or . b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor. FJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 3007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 54 of 62 ' 4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: ' a. to supervise, direct, or control the Work, or ' b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or ' c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the ' moneys paid on account of the Contract Price, or e. to determine that title to any of the Work, materials, or equipment has passed to Owner ' free and clear of any Liens. 5. Engineer may refuse to recommend the whole or any part of any payment it in Engineer's ' opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; ' b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance ' with Paragraph 13.09; or d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Payment Becomes Due: 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph ' 14.02.D) become due, and when due will be paid by Owner to Contractor. D. Reduction in Payment: ' 1. Owner may refuse to make payment of the full amount recommended by Engineer because: ' a. claims have been made against Owner on account of Contractor's performance or furnishing of the Work; EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2007 National Society of Professional Engineers for EJCDC. NI rights reserved. b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A. 2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons for such action. 3. Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.I and subject to interest as provided in the Agreement. 14.03 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion. B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the tentative certificate to Owner, notify Contractor in writing, stating the reasons therefor. It after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will, within said 14 days, execute and deliver to Owner and Contractor a definitive EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 02007 National Society of Professional Engineers for EJCDC. All rights reserved. Pa¢e56 of 62 ' certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. ' D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. ' E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and ' complete or correct items on the tentative list. 14.05 Partial Utilization tA. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, ' or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions: 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any ' such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of ' Paragraph 14.04.A through D for that part of the Work. 2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers ' any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. ' 3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 4. No use or occupancy or separate operation of part of the Work may occur prior to ' compliance with the requirements of Paragraph 5.10 regarding property insurance. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved Page 57 of 62 1 14.06 Final Inspection A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment.- After ayment: After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked -up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.13.6; b. consent of the surety, if any, to final payment; c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (u) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. B. Engineer's Review of Application and Acceptance: 1. If on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. NI rights reserved. Pape 58 of 62 Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due: 1. Thirty days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. 14.08 Final Completion Delayed A. It through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been famished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: ' 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees ' specified therein, or from Contractor's continuing obligations under the Contract Documents; and ' 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Pace 59 of 62 ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 Owner May Suspend Work A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of anyone or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety) seven days written notice of its intent to terminate the services of Contractor: 1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion); 2. incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere; and 3. complete the Work as Owner may deem expedient. C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or EICDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for FJCDC. All rights reserved. Pao. 60 of 62 remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.13 and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. reasonable expenses directly attributable to termination. B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 Contractor May Stop Work or Terminate A. IC through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, E1CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for E1CDC. All rights reserved. Page 61 of 62 upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 62 of 62 _ 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation ot; any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. E1CDC C-700 Standard General Conditions of the Construction Contract Copyright® 3007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 63 of 62 SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify the "Standard General Conditions of the Construction Contract", ' EJCDC C-700 (2007 Edition). Where a portion of the Standard General Conditions is modified or deleted by these Supplementary Conditions, the unaltered portions of the Standard General Conditions shall remain in effect. Furthermore the Standard General Conditions are general in scope and may refer to conditions not encountered on work covered by the contract. Any provisions of the General Conditions pertinent to a non-existent condition and ' which is not applicable to the work to be performed hereunder, or which conflicts with any provision of the Special Conditions shall have no meaning in these contract documents and shall be disregarded. ' 1. ARTICLE 1 - DEFINITIONS: No modifications. 2. ARTICLE 2 - PRELIMINARY MATTERS: No modifications. ' 3. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING REUSE. No modifications. ' 4. ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS: It is the responsibility of the contractor to protect and leave undisturbed those monuments set for the subdivision of land, unless these monuments must be disturbed in order to execute the contract. In this event, the ' contractor shall notify the Engineer prior to any monument dislocation. If the contractor shall be negligent in this matter, it shall be his responsibility to have restored all disturbed monuments to their respective positions by a Registered Minnesota Land Surveyor at the contractor's expense. 5. ARTICLE 5 - BONDS AND INSURANCE: a. Performance and Other Bonds: (5.1) Prior to the signing of the contract, the contractor shall be required to furnish the owner with a performance bond and payment bond from a surety acceptable to the owner, in ' the form required by law, in an amount equal to the full amount of the contract based on the lump sum bid or the anticipated quantities and unit prices as determined by the Engineer. This bond shall guarantee the proper execution and completion of the work and shall further guarantee the ' prompt payment of all persons or firms furnishing labor, tools, material, equipment, and supplies for the work. ' Upon completion of said work, an acceptable and separate 100% maintenance bond shall be famished to guarantee the quality of material and worlananship of said work for a period of two years from the date of final acceptance by the City. The Contractor may not release the surety company on this 100% maintenance bond until a written release of said 100% maintenance bond is given by the Owner. ' When a period of two years has elapsed after the date of the acceptance of the work by the Owner and if upon inspection by the Owner the work is found in good condition the maintenance bond shall be released. ' If it is found by the inspection after two years use that some of the work and some of the materials are defective, such work or materials shall be replaced or repaired by the Contractor, and only when the Contractor has properly replaced and repaired such defective work and/or materials will the Owner then ' release the 100% maintenance bond. In the event that the Contractor fails to meet the time obligations of the initial maintenance bond and requests an extension of time, a $1,000 escrow will be required to offset additional costs incurred by the Owner to administrate the maintenance bond extension. ' If any section of the work entails special hazards the contractor shall provide riders to the Public Liability and Property Damage Insurance to provide protection from these special hazards. Otto Associates Engineers and Land Surveyors, Inc. SUPPLEMENTARY GENERAL CONDITIONS ' Otto Project No. 2-12-0191 PAGE SGC -1 Certificates: Copies of all policies shall be deposited with the Owner and certificates evidencing such insurance shall be filed with the Owner. The certificates shall be executed by the insurer and shall expressly stipulate that the policies are non -cancelable until after ten days notice in writing to the Owner, shall be filed with the Owner. Certificates for liability policies must show that the Owner is insured by the respective policies. Other persons or entities to be included on the policy as additionally insured: City of Chanhassen, Minnesota, their officers and employees, Otto Associates, Inc., their officers and employees. All insurance policies and certificates shall be submitted prior to the execution of the contract and shall be subject to the approval of the Owner. 5.04 — Contractor's Liability Insurance Add the following new paragraph immediately after paragraph 5.04.B: A. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations: 1. Worker's Compensation and related coverages under paragraphs 5.04.A. I and A.2 of the General Conditions: a. State: Statutory b. Applicable Federal (e.g., Longshoreman's): Statutory c. Employer's Liability: 1) Bodily Injury by Accident $500,000 Each Accident 2. Contractor's General Liability under paragraphs 5.04.A.3 through A.6 of the General Conditions shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. In addition, it will be subject to a per -project aggregate. a. General Aggregate $1,000,000 b. Products - Completed Operations Aggregate $1,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e. Property Damage liability insurance will provide Explosion, Collapse, and Underground coverages where applicable. f. Excess or Umbrella Liability 1) General Aggregate 2) Each Occurrence 3. Automobile Liability under paragraph 5.04.A.6 of the General Conditions: a. Bodily Injury: Each person Each Accident b. Property Damage: Each Accident c. Combined Single Limit of $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Otto Associates Engineers and Land Surveyors, Inc. SUPPLEMENTARY GENERAL CONDITIONS Otto Project No. 2-12-0191 PAGE SGC -2 I4. The Contractual Liability coverage required by paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts: ' a. Bodily Injury: Each Accident $1,000,000 Annual Aggregate $1,000,000 ' b. Property Damage: Each Accident $1,000,000 Annual Aggregate $1,000,000 ' 6. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES: a. Concerning Subcontractors. Suppliers and Others (6.06): The Contractor shall submit a list of materials and respective supplies as well as all tests of materials to the Engineer. The Contractor shall supply the Engineer with a list of all sub -contractors. ' b. Permits (6.08): All permits and licenses shall be obtained and paid for by the Owner, with the exception of permits for which the Contractor is the sole applicant. ' This Project falls under the requirements of the Minnesota Pollution Control Agency (MPCA) General Storm Water Permit for Construction Activity. The Contractor and Owner are considered Co -Permittees and shall complete form MN R10001 jointly. Contractor shall submit the NPDES form to the MPCA and ' be the sole permittee responsible for implementing the short — and long-term best management practices (BMP). Information and requirements of the permit are available on the MPCA website: www.prs.state.mn.us. c. Shop Drawings and Samples (6.17): The Engineer will not approve shop drawings and samples. ' 7. ARTICLE 7 - OTHER WORK: No Modification 8. ARTICLE 8 - OWNER'S RESPONSIBILITIES: No Modification ' 9. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION: No Modification 10. ARTICLE 10 - CHANGES IN THE WORK: No Modification 11. ARTICLE I I — COST OF THE WORK: No Modification ' 11.03.0 Changes in Unit Price Quantities Delete Paragraph 11.03C of the General Conditions in its entirety and insert the following Paragraph ' 11.03.C.I in its place: 11.03.C.1 All quantities of work, whether increased or decreased, are to be performed at the unit prices bid and accepted. Any work item quantity may, at the OWNER'S discretion, be increased, decreased or eliminated without change in the accepted unit price, except however, that in the event that a reduction in quantity of a single work item constitutes a decrease of more than 20 percent of the value of the total contract (computed prior to the reduction), the CONTRACTOR ' may request a change in unit price for that work item to recover a pro -rata share of fixed costs Otto Associates Engineers and Land Surveyors, Inc. SUPPLEMENTARY GENERAL CONDITIONS ' Otto Project No. 2-12-0191 PAGE SGC -3 attributable to that work item. The request shall be in writing and shall be accompanied by evidence supporting the claim. In the event that an increase in quantity of a single work item constitutes an increase of more than 20 percent of the value of the total contract, the OWNER may request a change in unit price for that item to recover a pro -rata share of excess fixed costs attributable to that work item. 12. ARTICLE 12 - CHANGE OF CONTRACT PRICE: CHANGE OF CONTRACT ITEMS: No Modification 13. ARTICLE 13 - TESTS AND INSPECTIONS: CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK: a. Tests and Inscections (13.4). Amend as follows. Any retesting as a result of test failures shall be paid by the Contractor. b. Correction Period. Amend the fust sentence of paragraph 13.07.A of the General Condition to read as follows: If within 2 years after the date of Final Acceptance (the day the Owner makes final payment) or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in paragraph 6.1 LA is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. and as so amended paragraph 13.07.A remains in effect. 14. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION: 14.02.13— Review of Applications Amend the first sentence of paragraph 14.02.13.5 of the General Conditions to read as follows: Engineer may refuse to recommend the whole or any part of any payment if the established Contract Time for Substantial Completion has expired or, if in Engineer's opinion, it would be incorrect to make the representations to Owner referred to in paragraph 14.02.13.2. and as so amended paragraph 14.02.B.5 remains in effect. 15. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION: No Modification 16. ARTICLE 16 - DISPUTE RESOLUTION: No Modification 17. ARTICLE 17 - MISCELLANEOUS: No Modification Otto Associates Engineers and Land Surveyors, Inc. SUPPLEMENTARY GENERAL CONDITIONS Otto Project No. 2-12-0191 PAGE SGC -0 SPECIFICATIONS SPECIAL CONDITIONS (GENERAL) WYNSONG GRADING, UTILITY AND STREET CONSTRUCTION CHANHASSEN, MINNESOTA TABLE OF CONTENTS 1.01 APPLICABLE DOCUMENTS 1.02 PROJECT IDENTIFICATION 1.03 SUMMARY OF THE WORK 1.04 LOCATION 1.05 SPECIFICATIONS WHICH APPLY 1.06 ON-SITE DOCUMENTS 1.07 TIME OF COMPLETION 1.08 LIQUIDATED DAMAGES 1.09 PRE -CONSTRUCTION CONFERENCE 1.10 NOTIFICATION OF INTENT TO BEGIN WORK 1.11 ORDER OF CONSTRUCTION 1.12 DUST AND NOISE CONTROL 1.13 TESTING OF WORK 1.14 MEASUREMENTS AND TOPOGRAPHICAL MAP TOLERANCES 1.15 MUNICIPAL WATER AND SEWER 1.16 SITE MAINTENANCE AND CLEAN-UP 1.17 SUBMITTALS 1.18 QUALITY CONTROL 1.19 TEMPORARY SANITARY FACILITIES 1.20 TRAFFIC CONTROL 1.21 PROTECT EXISTING UTILITIES 1.22 PROTECT EXISTING PAVEMENTS 1.23 ACCESS ROADS 1.24 EROSION CONTROL rMR ' SPECIAL CONDITIONS (GENERAL) 1.01 APPLICABLE DOCUMENTS: 1.01.1 See Section 1.05 of the Special Conditions (General) for a listing of specifications which apply to this Project. Copies of all specifications mentioned herein are on file in the office of Otto Associates, 9 West Division St., Buffalo, MN 55313. 1.02 PROJECT IDENTIFICATION: 1.02.1 Project Name: WYNSONG GRADING, UTILITY AND STREET CONSTRUCTION 1.02.2 Owner: GALPIN BLVD PARTNERS, LLC P.O. BOX 218 CHANHASSEN, MN 55317 1.02.3 Project Engineer: OTTO ASSOCIATES ENGINEERS AND LAND SURVEYORS, INC. 9 WEST DIVISION STREET BUFFALO, MINNESOTA 55313 (763) 682-4727 FAX: (763) 682-3522 1.03 SUMMARY OF THE WORK: Briefly and without force and effect upon the Contract Documents the Work of the Contract can be summarized as follows: 1.03.1 Work under this Contract 1. Clearing and Grubbing 2. Grading and Erosion Control 3. Waternain 4. Sanitary Sewer 5. Storm Sewer 6. Street Construction 7. Restoration 1.03.2 Work performed prior to work under this Contract: 1. None. 1.03.3 Work performed concurrently with work under this Contract: I. Private Utility Installation. 1.03.4 Work to be performed subsequent to the Work under this Contract: 1. Building Construction. 1.04 LOCATION: The project is located within the City of Chanhassen, in the area shown on the drawings. Work shall Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -2 ' ' be confined to areas where the Owner has right of entry or construction easements. t1.05 SPECIFICATIONS WHICH APPLY: 1.05.1 General Conditions: 1. The "Standard General Conditions ofthe Construction Contract" (No. C-700,2002 Edition), prepared by Engineers Joint Contract Documents Committee, and issued and published jointly by Professional Engineers in Private practice (a Practice Division of the National Society of Professional Engineers), 1 American Consulting Engineers Council, American Society of Professional Engineers and the Construction Specifications Institute, and Supplementary Conditions shall govern the work of all persons engaged in the performance of the Contract. ' 1.05.2 Soil Disturbing Activities: 1. Minnesota Pollution Control Agency (MPCA) — General Storm Water Permit for Construction ' Activity (MN RI00001) - - Reference Section 02573 — Storm Water Pollution Prevention Plan (SWPPP). 2. Details of the Permit are available on request from the Engineer, or at. (a) Storm Water Program hap://www.po.state.mn.ustwater/stormwater/stormwater-c.htmi (b) Permit itself—hHp://www.pg�&state.mn.ma/publications/wq-strm2-51.doc 1.05.3 Watermain, Sanitary Sewer and Storm Sewer Construction: 1. Watermain, sanitary sewer and storm sewer construction shall conform to the applicable provisions of the "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watermain and Service Line Installation and Sanitary Sewer and Storm Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) latest Edition. 2. Copies of the Standard Utilities Specifications may be downloaded and printed from the "DOCUMENTS" portion of the City Engineers Association of Minnesota (CEAM) website at: (a) www.ceam.ora 3. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information of modification shall remain in effect as originally written. 4. THREADED ITEMS —All threaded items famished under this Contract, including but not limited to mechanical joint connectors, flanged joint connectors, mainline valves, saddles, corporation stops, curb stops, hydrants, and air release valves shall be furnished to the nominal size as specified with ENGLISH threads. Should the Contractor choose to supply any items with metric threads, the Contractor shall supply full shop drawings to the item(s) with special attention drawn to the metric thread designation proposed. 1.05.4 Grading, Street and Surface Improvements: 1. All of Divisions 11 and III, and any specifically referenced Division I sections of the Minnesota Department of Transportation (Mn/DOT), "Standard Specifications for Construction", 2005 Edition, together with all the Supplemental Specifications and Mn/DOT Technical Memoranda in force 30 calendars days prior to bid date and referencing the use of English units of measure, shall apply to all construction performed under this Contract except as modified in these Specifications. Unless noted, the requirements in the Specifications are in addition to the Mn/DOT Specification section being referenced. Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -3 Mn/DOT Division Applicable I Only when specifically referenced. II & III Always. 2. Whenever the word "Contracting Authority," "Department", or "Owner" is used in the sense of ownership as part of these Specifications and Contract, it shall mean Owner as defined in the Agreement. References to the standard specifications shall serve to supplement or modify the referenced specification. Portions of referenced specifications not specifically affected by the supplemented information or modification shall remain in effect as originally written. 1.06 ON-SITE DOCUMENTS: 1.06.1 The Contractor shall have the following documents at the site at all times during the construction: 1. The applicable edition of Mn/DOT Standard Specification for Highway Construction. 2. Any Supplemental Specifications to the applicable edition of Mn/DOT Standard Specification for Highway Construction. 3. Any Technical Memoranda specifically referenced or linked to the execution of the Contract Documents. 4. Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), latest Edition. 5. Project Manual and set of construction plans. 6. "Standard Utilities Specifications for Trench Excavation and Backfill/Surface Restoration Watennain and Service Line Installation and Sanitary Sewer and Storrs Sewer Installation" as published by the City Engineers Association of Minnesota, (CEAM) latest Edition. 7. The Storm Water Pollution Prevention Plan (SWPPP), including completed inspection reports, developed for this project. 1.07 TIME OF COMPLETION: Based on the anticipated start date of , the work shall be substantially completed on or before . The project shall be completed and ready for final payment in accordance with the General Conditions on or before . Substantial completion shall include all bid items except the bituminous wear course. Utility testing and completion of initial punch list shall be part of substantial completion. 1.08 LIQUIDATED DAMAGES: A sum in the amount of Two Hundred Fifty Dollars ($250.00) per calendar day sustained by the Owner shall be retained from the amount of compensation due the Contractor for each calendar day beyond the Substantial Completion Date. Substantial Completion shall include installation of first lift of bituminous, required testing and completion of"punch list". A sum of one hundred fifty ($150.00) per calendar day sustained by the Owner shall be retained from the amount of compensation due the Contractor for each calendar day beyond the final completion date listed in paragraph 1.07 of the Special Conditions (General) that any work described in the contract documents remain uncompleted. This amount will be assessed as liquidated damages for delay (not as a penalty). 1.09 PRE -CONSTRUCTION CONFERENCE: Prior to the beginning of any work under this contract, the Engineer will notify the Contractor of the time and place for a Pre -Construction Conference. This meeting will be held for the purpose of coordinating the work with the others, to discuss construction needs and procedures, to determine the schedule of work and to finalize other administrative details. The Contractor shall be responsible for having those individuals from his firm and from any sub -contractor firm, who will actually be on the site and in charge of the work, present at this conference. Representatives of the Engineer, Owner, Contractor, City, and Public Utility Companies shall be present at this meeting. Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -4 1.10 NOTIFICATION OF INTENT TO BEGIN WORK: It shall be the Contractor's responsibility to make any and all notifications of his intention to begin the work. These notifications shall include, but not necessarily be limited to the City of Chanhassen, private utility companies, and residences which will be affected by his operations. 1.11 ORDER OF CONSTRUCTION: The Engineer shall have the right to require that certain segments of work shall be completed prior to other segments to improve coordination with other Contractors, or meet the needs of the Owner. This requirement may be imposed either before or during the work and shall not be the basis for a claim for additional compensation. 1.12 DUST AND NOISE CONTROL: The Contractor shall confine his hours of operation to between 7:00 am. and 7:00 p.m., Monday through Friday. Under emergency conditions, this limitation may be waived with the written consent of the Engineer in conjunction with qualified local authority. The Contract will be responsible for sweeping, cleaning or applying water to control dust and maintain cleanliness in existing streets during the life of the Contract. All dust control and maintenance measures shall be incidental to the project and no direct compensation will be made thereof. The Contractor shall comply with local and state ordinances on noise abatement. All equipment shall have effective mufflers on engine exhaust systems. 1.13 TESTING OF WORK: Unless otherwise specified, the cost of all sanitary sewer, watermain, and storm sewer testing (i.e. work included in the CEAM Specifications for Section 2611 and 2621) shall be the responsibility of the Contractor. The cost of trench and street related construction testing, aggregate gradation, concrete air and slump, concrete compression, and bituminous mixture testing shall be the responsibility of the Owner. A testing firm under contract with the Owner shall complete this work. All testing shall be coordinated through, and approved by, the Owner. All job mix formulas and comparison tests shall be obtained and paid for by the Supplier or Contractor. 1.14 MEASUREMENTS AND TOPOGRAPHICAL MAP TOLERANCES: Before ordering any material or doing any work, the Contractor shall verify all measurements and shall be responsible for the same. No extra charge or compensation will be allowed on account of differences between actual dimensions and measurements indicated on the drawings. Any difference which may be found shall be submitted to the Engineer for consideration before proceeding with the work. U.S. Standard Measures will be used in the measurement of all work acceptably completed and such measurements will be used as a basis for the computation of the quantities of work performed. Linear measurements will be taken horizontally on work except structures which will be measured according to the neat lines shown on the plans or as ordered. Where work is to be paid for by units of length, area, volume or weight, only the net amount of work actually done, as it shall appear in the finished work and measured as hereinafter specified shall be paid for. 1.15 MUNICIPAL WATER AND SEWER: The Contractor shall make his own arrangements for receiving water from public or private sources and secure necessary permits and pay regular charges. 1.16 SITE MAINTENANCE AND CLEAN-UP: The Contractor shall clean and keep clean from waste, materials or refuse resulting from his operations, the site of work and adjacent streets. Equipment not usable on the work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the streets and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -5 restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the work; and shall leave the site in a neat and presentable condition. Where material or debris have washed or flowed into or have been placed in water courses, ditches, gutters, drains, catch basins, or elsewhere as a result of the Contractor's operations, such material or debris shall be removed and satisfactorily disposed of during progress of work. All ditches, channels, drains, etc. shall be kept in a clean and neat condition. 1.17 SUBMITTALS: Prior to the preconstmction conference, the Contractor shall submit in writing to the Engineer for review a schedule ofprocedure indicating the order in which the Contractor proposes to perform the various stages of the work, the dates on which he will start the various features thereof, and the contemplated dates for completing the same. 1.18 QUALITY CONTROL: Any person representing federal or state agencies, the Engineer, or Owners shall have the right -of -entry to inspect the work being performed by the Contractor. If the case warrants, the Contractor shall provide proper facilities for such access and inspection. The Contractor shall notify the resident observer anytime he anticipates working on this project. No work will be allowed without notifying the observer a minimum of twenty-four (24) hours beforehand. 1.19 TEMPORARY SANITARY FACILITIES: The Contractor, at his own expense, shall provide and maintain temporary toilet facilities at the site during the construction period. 1.20 TRAFFIC CONTROL: All traffic control methods shall conform to the provisions of the latest edition of the Minnesota Manual of Uniform Traffic Control Devices (MN MUTCD), including its supplements. The Contractor shall furnish, install, maintain, and remove all traffic control devices including, but not limited to, construction signs, barricades and barricade weights, traffic marking tape, and warning lights which are needed for the guidance, warning and control of traffic adjacent to and through this project. The Contractor shall monitor and maintain all traffic control devices during the entire construction period. The Contractor shall furnish names, addresses, and phone numbers of at least two (2) local individuals responsible for the traffic control devices to the Engineer, the Owner, and local Law Enforcement Agencies. In the event that any of the above right-of-way requires traffic to be detoured around the construction zone, the Contractor shall prepare the detour route with the appropriate Agency representatives. The Contractor shall provide and maintain all signing and other traffic control required. The affected Agency shall be notified by the Contractor before re- routing traffic. Dust control and road maintenance of the by-pass route shall be the Contractor's responsibility. 1.21 PROTECT EXISTING UTILITIES: Prior to commencing construction, the Contractor shall check all existing manholes, catch basins, gate valve boxes, stop boxes and storm sewer lines in the construction zones to determine their condition. The sanitary sewer stubs/manholes immediately downstream of the proposed construction shall be plugged until construction is approved at no additional compensation. Failure to report deficiencies in writing and have such deficiencies acknowledged in writing by the Engineer will be cause for any required repairs and/or cleaning to be charged to the Contractor. It is the Contractor's responsibility to coordinate his work with the non -municipal utility companies and preserve the existing condition of said utilities. All crossings will be thoroughly backfilled and compacted, using mechanical tampers to prevent any displacement or settlement of the utility lines. 1.22 PROTECT EXISTING PAVEMENTS: The Contractor shall provide and use only rubber -tires dozers, front-end loaders and other necessary equipment on all work where street pavements or portions of pavements are undisturbed for Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -6 ' the protection of the pavements or in such locations as the Engineer may direct. 1.23 ACCESS ROADS: The Contractor shall maintain access to all areas for residents and emergency vehicles at all times. 1.24 EROSION CONTROL: Erosion control shall be placed and maintained by the Contractor and as directed by the Engineer. The Contractor shall use the appropriate means of control for individual situations. The erosion control types could include filter fence, fiber blanket, diversion ditches, and hay bales, all of which will be paid for at the unit price bid. Failure to maintain the erosion control will be sufficient cause to withhold further payments on the project until the maintenance is complete. Otto Associates Engineers and Land Surveyors, Inc. SPECIAL CONDITIONS (GENERAL) Otto Project No. 2-12-0191 PAGE SCG -7 ' SPECIAL CONDITIONS (TECHNICAL) ' WYNSONG GRADING, UTILITY AND STREET CONSTRUCTION CHANHASSEN, MINNESOTA TABLE OF CONTENTS ' 02101 CLEARING AND GRUBBING ' 02104 REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES 02105 EXCAVATION & EMBANKMENT - SITE GRADING 02112 SUBGRADE PREPARATION 02211 AGGREGATE BASE 02320 TRENCH EXCAVATION, BEDDING AND BACKFILL 02357 BITUMINOUS TACK COAT 02360 PLANT -MIXED ASPHALT PAVEMENT 02501 PIPE CULVERTS 02502 SUBSURFACE DRAINS 02510 DOMESTIC WATER SYSTEMS 02511 RIP -RAP 02530 PIPE SEWERS - SANITARY ' 02573 STORM WATER MANAGEMENT 02751 DRIVEWAY RESTORATION 02920 TURF RESTORATION I SECTION 02101 —CLEARING AND GRUBBING 1 GENERAL ' 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all ' work and services necessary or incidental to clearing and grabbing trees, stumps and brush as indicated on the drawings or as specified herein. ' 1.2 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. No exception to the referenced specification is made. B. The furnishing and installing of specific items and/or the performance of work under certain ' circumstances shall not be individually paid. The costs shall be included in the unit price bid for clearing and grubbing. Such items of work include but are not limited to: 1. Permits and fees for the disposal of materials. 2. Protecting existing improvements from damage. ' 1.3 SPECIFICATION REFERENCES A. MnDOT Specification Section 2101 shall apply to clearing and removing trees, stumps and brush, ' except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 2 PRODUCTS t2.1 No exception to the referenced specification is made. ' 3 EXECUTION 3.1 CONSTRUCTION REQUIREMENTS ' A. All trees, stumps, brush, seed, grass, roots or other undesirable material within the construction limits shall be disposed of by the Contractor off-site. B. If any wood is ran through a chipping machine, the wood chips shall be recovered and disposed of to ' the satisfaction of the Engineer. C. Burning or burial will not be allowed on-site. ""'END OF SECTION"" 1 1 Otto Associates Engineers and Land Surveyors, Inc. CLEARING AND GRUBBING ' Project No. 2-12-0191 PAGE 02101-1 1.2 1.3 2.1 SECTION 02104 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES GENERAL SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the removal of pavement and miscellaneous structures as indicated on the drawings or as specified herein. SPECIFICATIONS REFERENCES A. MnDOT Specification Section 2104 shall apply to the removal of pavement and miscellaneous structures, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. METHOD OF MEASUREMENT AND PAYMENT A. No exception to the referenced specification is made. PRODUCTS No exception to the referenced specification is made. 3 EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Remove existing bituminous, curb and gutter, walks, drives, steps and other specified items where shown on the plans and/or required for the construction of the project. B. Pre-cut or score bituminous and concrete surfaces prior to excavation, to produce a clean-cut breakage joint. C. Dispose of all concrete and bituminous removal items, rubbish and debris outside of the construction zone. It shall be the Contractor's responsibility to secure all required permits and pay all fees associated with the disposal of the material and to secure the disposal site. D. Remove existing mailboxes, street signs and similar structures which must be removed to construct the project. Restore these facilities to the original location or a location designated by the Owner, when work has progressed past the location of the structure. The Contractor shall reinstall or replace those structures which are damaged or lost during the course of construction with new materials or components. E. The Contractor shall take full responsibility to protect structures or other surface improvements from damage that are not to be removed. If damage to these facilities occurs due to the construction of the project, the Contractor shall replace or repair them. Otto Associates Engineers and Land Surveyors, Inc. REMOVING PAVEMENT AND Otto Project No. 2-12-0191 MISCELLANEOUS STRUCTURES PAGE 02104-1 SECTION 02104 - REMOVING PAVEMENT AND MISCELLANEOUS STRUCTURES F. The City Engineer will designate which existing hydrants, valves and boxes, manhole castings and other items removed as part of the construction, are to be salvaged. All other items shall be disposed by the Contractor. G. In general, all existing watermain, sanitary sewer and storm sewer pipe being replaced by new improvements shall be considered as debris and removed during the construction process. In certain instances, existing pipes may be abandoned in place, with the approval of the City Engineer. H. Where existing pipes are to be abandoned in place, the exposed pipe ends shall be bulkheaded shut with concrete grout at a thickness of not less than one pipe diameter. ****END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. REMOVING PAVEMENT AND Otto Project No. 2-12-0191 MISCELLANEOUS STRUCTURES PAGE 02104-2 ' SECTION 02105 - EXCAVATION & EMBANKMENT - SITE GRADING 1 GENERAL ' 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the excavation and embankment of the site improvements as indicated on the drawings or as specified herein. ' 1.2 SPECIFICATION REFERENCES A. MnDOT Specification No. 2105 shall apply to the excavation and embankment for the site ' improvements, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT ' A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: 1. Common Excavation — Plan Quantity ' a. It is the Contractor's responsibility to make his own determination of the Common Excavation quantities necessary to complete the work. Cost of importing fill or exporting waste materials shall be incidental to the contract unless otherwise noted on the bid form. If the Contractor's determination of the Common Excavation quantities differ substantially from those quantities as stipulated on the Bid Form, the Contractor shall contact the Engineer prior to his submission of bids. ' b. The Contractor shall have no justification for any change in the contract amount for the accepted plan quantity portion of the bid after a Standard Form of Agreement between ' Owner and Contractor has been fully executed by both parties. c. The bid price shall be compensation in full for all costs of excavating, processing, loading, hauling, placing, dewatering, and compacting as necessary to transform the ' existing grades to the proposed grades. 2. Subgrade Excavation ' a. Subgrade excavation shall be measured below the top 1 foot and shall be field verified per cubic yard (EV). ' b. The bid price shall be compensation in full for all excavating, dewatering, rehandling, hauling, and placing of the material. ' 3. Topsoil Respread — Plan Quantity a. The bid price shall be compensation in full for all costs of salvaging, stockpiling, processing, loading, hauling, and placing the material. ' 4. Common Borrow a. Borrow material shall be paid for per cubic yard (CV) and shall be compensation in full for all material, hauling, placement, and compaction. Otto Associates Engineers and Land Surveyors, Inc. EXCAVATION & EMBANKMENT — SITE GRADING Otto Project No. 2-12-0191 PAGE 02105-1 SECTION 02105 - EXCAVATION & EMBANKMENT - SITE GRADING b. On-site borrow pits shall be filled to design grade unless otherwise approved by the Engineer and shall be considered incidental to the borrow unit price. 5. Export a. Payment for export material shall be per cubic yard (CV) compensation in full for hauling and disposing. Excavation and loading of this material shall be included in the common excavation or subgrade correction unit price. 1.4 SUBMITTALS A. Common Borrow 1. If off-site sources are used, the Contractor shall submit load tickets to the Engineer which list the date, project, type of material, weight, and truck number for each load brought to the site. The Owner and Contractor agree that the conversion from weight measure to compacted volume measure shall be 1 C.Y.CV = 1.4 C.Y.LV. 2. If on-site sources are used, measurement shall be per cubic yard (EV) and will be determined by field measurements. B. Export 1. The Contractor shall submit load tickets to the Engineer which list the date, project, type of material, weight, and truck number for each load brought to the site. The Owner and Contractor agree that the conversion from weight measure to compacted volume measure shall be 1 C.Y.CV = 1.4 C.Y.LV. PRODUCTS 2.1 No exceptions to the referenced specification is made. EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers and tractor cletes, and roll the surface with a steel wheel or rubber tired roller. B. Sufficient common excavation shall be utilized by the Contractor to replace the soil shrinkage from excavation which occurs through the course of construction handling and compaction. The Contractor shall make his own estimate of the amount of shrinkage that will occur. C. Material suitable for embankment shall be segregated and stockpiled at a site selected by the Contractor. D. Salvage, stockpile and restore topsoil to the minimum depths shown on the plan. E. All site grading shall he compacted using the Specified Density Method: Otto Associates Engineers and Land Surveyors, Inc. EXCAVATION & EMBANKMENT — SITE GRADING Otto Project No. 2-12-0191 PAGE 02105-2 SECTION 02105 - EXCAVATION & EMBANKMENT - SITE GRADING 1. Under areas with proposed paved or structural improvements: a. 100% Standard Proctor from the proposed pavement subgrade elevation down 3 feet. b. 95% Standard Proctor from the bottom of excavation up to 3 feet below the subgrade elevation. 2. Under areas with no proposed paved or structural improvements: a. 95% Standard Proctor. F. Prior to the placement of fill, the Geotechnical Engineer shall inspect and approve the bottom of each excavation. G. The Contractor shall grade the site to the following tolerances: 1. 0. It Feet in roadways. 2. 0.2f Feet for balance of site. 3.2 FIELD QUALITY CONTROL A. The Owner shall arrange for and pay all costs associated with having the following testing performed: 1. One (1) compaction test (including Standard Proctor) per each 500 SY per each 3 foot of depth of embankment ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. EXCAVATION & EMBANKMENT — SITE GRADING ' Otto Project No. 2-12-0191 PAGE 02105-3 SECTION 02112 - SUBGRADE PREPARATION GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the subgrade preparation as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. MnDOT Specification Section 2112 shall apply to the subgrade preparation, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Subgrade preparation will be measured by length in road stations of 100 feet along the centerline of the road. B. Test rolling shall be considered incidental to the contract. PRODUCTS 2.1 No exception to the referenced specification is made. EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheep's foot rollers and tractor cleats, and roll the surface with a steel wheel or rubber tired roller. B. The Contractor shall disc, scarify, shape and compact the upper TWELVE inches of the street subgrade or existing base, adding water or drying as may be necessary to give uniform and desired density. C. If the subgrade is unstable and the instability is due to excessive moisture, the subgrade shall be scarified and dried over a reasonable time period. When the material has reached acceptable moisture limits, the material shall be returned to the roadbed and compacted into place to the proper elevation. The roadbed will once again be test rolled. If the material continues to be ' unstable, the Engineer may authorize the removal of the undesirable material as subgrade excavation. ' D. Once the subgrade has been test rolled and accepted by the Engineer, no traffic or construction equipment shall be permitted to operate directly on the subgrade without the prior approval of the Engineer. All equipment shall be restricted to operating only in areas where the aggregate base has been installed to its full design depth. 1 Otto Associates Engineers and land Surveyors, Inc. SUBGRADE PREPARATION ' Otto Project No. 2-12-0191 PAGE 02112-1 �1RQ 114919AM',TWWJ E. All subgrade preparation shall be compacted in accordance with the Specified Density Method 1. Under areas with proposed paved or structural improvements: a. 100% Standard Proctor from the proposed pavement subgrade elevation down 3 feet. b. 95% Standard Proctor from the bottom of excavation up to 3 feet below the subgrade elevation 2. Under areas with no proposed paved or structural improvements: a. 95% Standard Proctor 3.2 FIELD QUALITY CONTROL A. The compacted subgrade shall be test rolled in accordance with MnDOT 2111 using a fully loaded aggregate truck (tandem) in a pattern approved by the Engineer. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. SUBGRADE PREPARATION Otto Project No. 2-12-0191 PAGE 02112-2 ' SECTION 02211 - AGGREGATE BASE Cel AZI 7\11 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the aggregate base course as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. MnDOT Specification Section 2211 shall apply to the construction of aggregate base, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Measurements for payment shall be in square yard with an allowance for one foot of material behind the curb. B. The bid price shall be compensation in full for all material, hauling, placement, compaction, and compaction watering. PRODUCTS 2.1 MATERIALS A. The aggregate base shall be Class 5, 100% crushed quarry stone meeting the requirements of MnDOT 3138. 2.2 SOURCE QUALITY CONTROL A. The Owner shall arrange and pay for having the following testing performed: 1. One (1) gradation test for each 500 tons or 275 cubic yards (CV) of each class of aggregate base. 2. One (1) percent crushing test. 3 EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. At the end of each day the Contractor shall eliminate surface indentations, including those caused by sheeps foot rollers and tractor cletes, and roll the surface with a steel wheel or rubber tired roller. B. The depth and class of aggregate base to be constructed shall be as shown on the plans. C. All aggregate base shall be compacted using the Specified Density Method to a minimum of 100% of the Standard Proctor Density. Otto Associates Engineers and Land Surveyors, Inc. AGGREGATE BASE ' Otto Project No. 2-12-0191 PAGE 02211-1 SECTION 02211 - AGGREGATE BASE D. The aggregate base shall be test rolled in accordance with MnDOT 2111 at no additional compensation prior to the placement of the bituminous. 3.2 FIELD QUALITY CONTROL A. The Owner shall arrange for and pay all costs associated with having the following testing performed: 1. One (1) compaction test (including Standard Proctor) for each 500 SY of each class of aggregate base. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. AGGREGATE BASE Otto Project No. 2-12-0191 PAGE 02211-2 SECTION 02320 - TRENCH EXCAVATION, BEDDING AND BACKFILL GENERAL 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to maintenance of utility service, trench excavation, bedding and backfill necessary for the construction of underground utilities and structures, as indicated on the drawings or as specified herein. ' 1.2 SPECIFICATION REFERENCES A. Reference CEAM Specification No. 2600 shall apply to excavating, installing bedding, and backfilling all trench excavation construction necessary for the completion of work, except as modified herein. 1. CEAM Specification 2600.3.A5 Removal of Surface Improvements - All rubble and debris to be ' disposed of off-site, shall be disposed of at a location secured by the Contractor and in a manner in compliance with applicable Local, State and Federal regulations. ' 2. CEAM Specification 2600.3.133 Excavation Limits and Requirements - OSHA limitations shall also apply to the top of trench width determination. The seven day written notice is waived if changing soil conditions and OSHA compliance apply. ' 3. CEAM 2600.3.0 1 Jacking/Boring - The Contractor is responsible for protecting all existing utilities above the elevation of the pipe invert minus 2 times the wall thickness of the casing pipe being installed. In addition, bentonite materials shall not be permitted to flow back into the excavation during the non -open cut construction. 1 4. CEAM 2600.3.171 Turf Restoration is hereby deleted, See Section 02920 of these Specifications. ' 5. CEAM 2600.3.F2 Pavement Restoration is hereby deleted, See applicable sections of these Specifications. B. Reference MNDOT Specification No. 2451 shall apply to granular materials for foundation, bedding and ' encasement of utility line construction, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced ' specifications or as modified below: 1. Items specifically identified in the bid form will be compensated in accordance with the description of measurement and payment contained in the section applicable to the individual item. Otherwise, no direct compensation shall be granted for compliance with the provisions contained herein. B. The furnishing and installing of specific items and/or the performance of work under certain circumstances ' shall not be individually paid. The costs shall be included in the unit price bid for the individual pipeline items associated with the stated specific item or work effort. Such items for work include but are not limited to: ' 1. Interface with other above and underground structures and utilities. 2. Unless separately itemized in the bid form, any dewatering necessary for construction. ' Otto Associates Engineers and Land Surveyors, Inc. TRENCH EXCAVATION, BEDDING AND BACKFILL ' Otto Project No. 2-12-0191 PAGE 02320-1 SECTION 02320 - TRENCH EXCAVATION, BEDDING AND BACKFILL 3. Foundation materials placed in lieu of perforating necessary dewatering. 4. Bulkheading of existing pipes to be abandoned in place. 5. The removal and disposal of unsuitable native materials for bedding and/or backfill. 6. Providing and maintaining service. 7. The replacement of all material displaced due to shrinkage or loss during the excavation and backfilling operations. 8. Delays due to other utility conflicts that result during the course of construction. 9. Protecting existing improvements and previously accepted elements of this construction from damage. 10. Protection the inverts of other utility pipes from the accumulation of debris and soil, the removal of blockages that threaten to damage property, and/or the cleaning of both the newly constructed lines and the existing lines of all debris and soil which accumulated during the construction. 11. The use of special construction techniques such as trench boxes, sheeting, shoring, etc., include in the price bid for the associated items being installed. 1.4 SUBMITTALS A. No exception to the referenced specification is made. PRODUCTS 2.1 GRANULAR MATERIALS A. Aggregate Bedding - Granular foundation material (rock) shall be in accordance with MnDOT 3149.2G. This material may be required for stabilization of the foundation below the pipe bottom, around the pipe fittings and under fire hydrants. No payment will be made for granular foundation material unless it is approved by the Engineer prior to its use. B. Granular Bedding and Encasement - Bedding and encasement materials used in the pipe zone area (6" below the pipe to 12" over the pipe) shall be in accordance with MnDOT 3149.2F. EXECUTION 3.1 EXCAVATION AND PREPARATION OF TRENCH A. Interference and Protection of Underground Structures 1. If an existing utility is shown on the plans and there is no bid item for removing and restoring, or working around the utility, the Contractor shall be required to remove and restore, or protect the utility. 2. The inverts of existing sewers (storm & sanitary), culverts, subdrains, etc. shall be protected during construction. The Contractor is responsible to inspect and clean, if necessary, all lines which have become compromised by the construction operations. Otto Associates Engineers and Land Surveyors, Inc. TRENCH EXCAVATION, BEDDING AND BACKFILL Otto Project No. 2-12-0191 PAGE 02320-2 SECTION 02320 - TRENCH EXCAVATION, BEDDING AND BACKFILL B. Excavation Limits and Requirements 1. The trench for all flexible pipe shall be undercut six -inches below the pipe barrel to permit the installation of granular bedding or foundation material. 2. The Contractor shall install and operate a dewatering system to maintain all trenches free of water ' wherever necessary. The Contractor shall make his own subsurface investigations and determine what dewatering methods to utilize to prevent such damage. ' 3. The Contractor shall be responsible for any damage to adjacent structures or buildings caused by the dewatering operations 4. Use of granular foundation material in lieu of performing dewatering is permitted, at the Contractor's ' expense. C. Preparation and Maintenance of Foundation ' 1. Flexible Pipe Materials a. In ordinary trench conditions, the pipe shall be bedded in compacted granular bedding which extends from 6" below the bottom of the pipe to the spring line of the pipe. The Contractor shall bed and encase the pipe in ASTM Class 11 bedding and haunching material to 90% Standard Proctor Density or as recommended by the pipe manufacturer., whichever is denser. ' b. Where the trench foundation has been found to be unstable and not suitable for bedding, the Contractor shall install compacted aggregate foundation material from 6" below the bottom of the pipe to the bottom of the pipe. Bedding material shall then be placed to the spring line of the pipe. 2. Rigid Pipe Materials ' a. Where the trench foundation has been found to be unstable and not suitable for bedding, the trench shall be undercut until acceptable conditions are found. The Contractor shall then install compacted foundation material to meet the line and grade specified on the plan. ' 3.2 INSTALLATION OF PIPE AND FITTINGS A. When connection to an existing conduit is required at an existing or proposed manhole, the Contractor shall expose and verify the elevation of the existing conduit prior to laying any pipe toward, or away from, the connection point. If the elevation of the existing conduit does not match the elevation shown on the plans, the Contractor shall notify the Engineer, at which time the Engineer may adjust the proposed grades. ' B. Connection and Assembly of Joints 1. For sanitary sewer, watermain, forcemains, and culverts, all joints shall be watertight. ' 2. For storm sewers and subdrains, all joints shall not permit the intrusion of soil or backfill materials. a. If reinforced concrete pipe is used, the Contractor may at its own discretion choose to wrap each ' joint with a geotextile filter fabric, as specified, rather than place mastic in the joint. C. Bulkheading Open Pipe Ends ' 1. The Contractor shall furnish, install and maintain a temporary, water -tight plug adequately blocked in place to prevent flooding of the existing downstream sewer system. The plug shall be placed at the beginning of the project or at the end of each working day at the end of the day's operation. ' Otto Associates Engineers and Land Surveyors, Inc. TRENCH EXCAVATION, BEDDING AND BACKFILL ' Otto Project No. 2-12-0191 PAGE 02320-3 SECTION 02320 - TRENCH EXCAVATION, BEDDING AND BACKFILL 2. When flows are diverted from an existing sewer or tile to be abandoned in place, the Contractor shall construct a water -tight plug on the open end of the abandoned pipe. 3. Permanent watertight plugs shall be constructed with an approved concrete grout with a thickness of not less than 1 pipe diameter. 3.3 BACKFILLING OPERATIONS A. Flexible Pipe Materials I. Granular material shall be furnished, placed and compacted to bed and encase the pipe to an elevation 12 inches above the pipe bell the full width of the trench. If the depth of cover becomes critical according to manufacturer's recommendations, the Contractor shall bed and encase the pipe in ASTM Class 11 bedding and haunching material to 90% Standard Proctor Density or as recommended by the pipe manufacturer, whichever is denser. B. All trench backfill shall be compacted in accordance with the Specified Density Method : 1. Under areas with proposed paved or structural improvements: a. 100% Standard Proctor from the proposed pavement subgrade elevation down 3 feet. b. 95% Standard Proctor from the bottom of excavation up to 3 feet below the subgrade elevation 2. Under areas with no proposed paved or structural improvements: a. 95% Standard Proctor 3.4 FIELD QUALITY CONTROL A. The Owner shall arrange for having the following testing performed: I. One (1) compaction test (including Standard Proctor) on subgrade per each 150 lineal feet of trench per 3 feet of depth. ****END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. Otto Project No. 2-12-0191 TRENCH EXCAVATION, BEDDING AND BACKFILL PAGE 02320-4 SECTION 02357 — BITUMINOUS TACK COAT 1 GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of the bituminous tack coat as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. MnDOT Specification Section 2357 shall apply to the construction of bituminous tack coat, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Payment of bituminous material for tack coat will be on actual volume used, converted from application temperature to 60 Degrees Fahrenheit at the unit price per gallon. B. Sweeping the bituminous mat prior to applying the tack coat will be considered incidental to the contract. 2 PRODUCTS 2.1 MATERIALS A. The bituminous material for tack coat shall be CRS -1 or CRS -2. 3 EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The material shall be applied at the rate of 0.05 gallons per square yard. B. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. """END OF SECTION"*" Otto Associates Engineers and Land Surveyors, Inc. BITUMINOUS TACK COAT ' Otto Project No. 2-12-0191 PAGE 02357-1 SECTION 02360- PLANT -MIXED ASPHALT PAVEMENT GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to the construction of plant -mixed asphalt pavement as indicated on the plans or as specified herein. 1.2 SPECIFICATION REFERENCE A. MnDOT Specification Section 2360 shall apply to the construction of plant -mixed asphalt pavement, except as modified herein. B. Unless noted otherwise, the provisions in this Section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Payment will be made on a square yard basis. B. The total compacted thickness (base course plus wear course) shall not be less than the plan thickness. In the event that the installed is less than plan, the Contractor shall be required to overlay the entire road segment. The minimum overlay thickness shall be 0.75' - Thickness to be determined by obtaining core samples. Failed core samples shall be paid for by the Contractor. C. Payment will be reduced per Tables 2360.6-B4 and 2360.6-134A for densities not meeting specified. There will be no increase in payment for densities which exceed specified. PRODUCTS 2.1 MATERIALS A. Base Course — SPNWB230B B. Wear Course — SPWEA240B C. No recycled materials will be allowed in the bituminous wearing course. 2.2 SOURCE QUALITY CONTROL A. The bituminous mix shall be designed using Contractor Trial Mix Designs. A current MnDOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. The bituminous wearing course shall be constructed in the construction season following the season in which the underground utilities, aggregate base and bituminous base course have been constructed, unless otherwise required by the City Engineer. Otto Associates Engineers and Land Surveyors, Inc. PLANT -MIXED ASPHALT PAVEMENT Otto Project No. 2-12-0191 PAGE 02360-1 SECTION 02360 - PLANT -MIXED ASPHALT PAVEMENT B. The Contractor is required to use the self-propelled pneumatic tire roller as an intermediate roller on the wearing courses. C. The contact surfaces of all fixed structures, the edge of the in-place mixture in all courses at transverse joints, and the wearing course at longitudinal joints shall be given a uniform coating of Liquid Asphalt or Emulsified Asphalt before placing the adjoining mixture. The bituminous material shall be applied by methods that will ensure uniform coating and in no case shall the application be excessive. Refer to Specification 02357 for compensation. D. Compaction of all bituminous mixtures shall be by the Maximum Density Method. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. PLANT -MIXED ASPHALT PAVEMENT Otto Project No. 2-12-0191 PAGE 02360-2 SECTION 02501 - PIPE CULVERTS 1 GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary to construct pipe culverts as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. Reference Section 02320 of these Specifications for trench excavation, bedding and backfill, except as modified herein. B. MnDOT Specification Section 2501 shall apply to the construction of pipe culvert and appurtenance items, except as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. No exception to the referenced specification is made. 2 PRODUCTS 2.1 CULVERT PIPE AND FITTINGS A. Reinforced Concrete Pipe 1. No exception to the referenced specification is made. B. Corrugated Steel Pipe I. No exception to the referenced specification is made. C. Corrugated Polyethylene Pipe 1. No exception to the referenced specification is made. 3 EXECUTION 3.1 FIELD QUALITY CONTROL A. Deflection test - No exception to the referenced specification is made. ****END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. PIPE CULVERTS Otto Project No. 2-12-0191 PAGE 02501-1 SECTION 02502 - SUBSURFACE DRAINS GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary to construct subsurface drains as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. MnDOT Specification No. 2502 shall apply to the subsurface drains, except as modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Payment of subsurface drains will be per linear foot. Bid price shall be compensation in full for all costs of furnishing and installing the pipe, bedding, backfill, geotextile wrap, and connecting to structures. 2 PRODUCTS 2.1 SUBSURFACE PIPE AND FITTINGS A. Perforated PVC drain pipe, SDR35 (ASTM D3034) B. Perforated PVC drain pipe, A-2000 (ASTM D2412) C. Perforated corrugated polyethylene drainage tubing, PE (ASTM D3350) D. Cleanout caps on inspection tees shall be cast iron screw in type. 2.2 GEOTEXTILE SOCK: A. The geotextile sock shall conform to the requirements of MnDOT 3733, Type I. 2.3 GRANULAR MATERIALS A. The filter aggregate shall conform to the requirements of MnDOT 3149-H for coarse filter aggregate. 3 EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. If an existing utility is shown on the plans and there is no bid item for removing and restoring, or working ' around the utility, the Contractor shall be required to remove and restore, or protect the utility. B. The Contractor shall install and operate a dewatering system to maintain all trenches free of water wherever ' necessary. The Contractor shall be responsible for any damage to adjacent structures or buildings caused by the dewatering operations. The Contractor shall make his own subsurface investigations and determine what dewatering methods to utilize to prevent such damage. 1 Otto Associates Engineers and Land Surveyors, Inc. SUBSURFACE DRAINS ' Otto Project No. 2-12-0191 PAGE 02502-1 SECTION 02502 - SUBSURFACE DRAINS 11 C. Existing inverts shall be protected during construction. If debris enters culverts or sewers, it shall be the ' responsibility of the Contractor to clean. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. SUBSURFACE DRAINS Otto Project No. 2-12-0191 PAGE 02502-2 1 SECTION 02510 - DOMESTIC WATER SYSTEMS t 1 GENERAL 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to water main and service line construction as indicated on the drawings or as specified herein. t1.2 SPECIFICATION REFERENCES ' A. Reference Section 02320 of these Specifications for trench excavation, bedding and backfill, except as modified herein. B. Reference CEAM Specification No. 2611 shall apply to the water main and service line construction, except ' as modified herein. C. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. D. Standard City details or specifications. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and payment shall be made per the referenced specification or as modified below: ' 1. Costs for fittings shall be included in the unit price bid for the watermain pipe. 2. Costs for hydrant extensions shall be included in the unit price. 3. If bid form includes C-900 watermain, costs for furnishing and installing tracer wire and electrical connections shall be included in the unit price for watermain. ' 4. Testing shall be considered incidental to the installation of the pipe. 2 PRODUCTS 2.1 MATERIALS ' A. Refer to plans and city details. B. DUCTILE IRON FITTINGS: Ductile von fittings shall have mechanical joints and shall be Class 350 for ' sizes up to and including twelve inches (12") in diameter and shall conform to A.W.W.A. Specification C153, covering compact fittings. Ductile iron fittings shall be paid per ductile iron body weights. ' Mechanical joints shall conform to A.W.W.A. Specification CI 11, latest revision, with gaskets. Gaskets shall be made from vulcanized crude rubber compound. All surfaces shall be smooth, free from imperfections and free from porosity. Conductivity straps shall be furnished and installed in accordance with Section 2.1L. ' All fittings shall be tar coated on the outside and cement lined on the inside, and famished with all NSS Cor -Blue nuts and bolts. Cement mortar lining shall be in accordance with A.W.W.A. Specification C104, ' latest version. ' Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS Otto Project No. 2-12-0191 PAGE 02510-1 SECTION 02510 - DOMESTIC WATER SYSTEMS C. POLYVINYL CHLORIDE PEPE (PVC): Polyvinyl chloride pressure pipe (PVC) for watermain shall conform to A.W.W.A. C900 for pipe sizes 4" to 8". All pipe shall have a minimum dimension ratio (DR) of 18 corresponding to a working pressure of 150 PSI for PVC type 1120 pipe. Laying lengths shall be 20 feet (+1") for all sizes. PVC pipe larger than 8" diameter will not be allowed. Joints. The bell shall consist of an integral wall section with a factory -installed, solid cross-section elastometric ring which meets the requirements of ASTM F477. The bell section shall be designed to be at least as hydrostatically strong as the pipe wall and meet the requirements of A.W. W.A. C900 for sizes 4" to 8". The pipe shall be manufactured to cast iron or ductile iron outside dimensions in accordance with A.W.W.A.C900. Fid. Fittings shall be ductile von, having a minimum working pressure rating of 150 PSI and shall conform to the requirements of A.W.W.A. C 110 (ANSI A21.10) or A. W.W.A. C153 (ANSI 21.53) Ductile Iron Compact Fittings. Valves, tees, crosses, hydrant barrels or any other ductile iron fitting shall be wrapped with a flat sheet or split length polyethylene tube by passing the sheet under the appurtenance and bringing it up around the body. Make seams by bringing the edges of the polyethylene sheet together, folding over twice and taping down. All buried nuts and bolts shall be Cor -Ten. Trace Wire. Trace wire shall be laid with all PVC watermain and shall be #12 copper -insulated and rated for underground service. The trace wire shall be connected to the tracer wire box and continue back down to the main line. Splicing trace wire shall be accomplished by twisting the two ends and heat shrink wrapping the splice. Splicing shall not be more frequent than one splice per 250 feet; wive nut splices are not allowed. Trace wire to be laid below all pipe, fittings and hydrants, and welded to DIP at transitions to PVC watermain. Service Saddles. All services shall be installed as per Section 2.13 with double strap. PiK Bedding Material. Pipe bedding material shall be in accordance with Section 02320 of the Specifications and shall be installed as per Standard Plate No. 2203. Pipe bedding material shall be considered incidental to the pipe installation. D. RESILIENT WEDGE GATE VALVES (4" TO 18" IN DIAMETER): Gate valves shall be resilient wedge type, manufactured to meet all applicable requirements of A. W.W.A. Standard for Resilient Sealed Gate Valves C515-80. Valves shall have non -rising stems, opening in a counterclockwise direction. Valves shall be furnished with all exterior solid stainless steel nuts and bolts and spray -coated with a bituminous coal tar supplied by the manufacturer. Cast iron wedge shall have sealing surfaces of the wedge permanently bonded with resilient material to meet ASTM tests for rubber to metal bond STM 429-73. Valves shall have full epoxy coating on the inside, such as Mueller Series 2360 with full epoxy coating on the exterior of valve, or approved equal. Payment shall be at the bid unit price stated on the proposal and shall include all miscellaneous items associated with the work. Valves shall be provided with a two-inch (2") square operating nut and shall open in a counterclockwise direction. E. VALVE BOXES: Valve boxes shall be cast iron of the three piece type suitable for a depth of 7'/2 feet of cover over the top of the pipe or to a depth as shown on the plans. For valves buried to a depth greater than 8 feet from the top of operating nut to the top of the finished grade, the valve box shall be equipped with a riser rod in a length when connected to the operating nm is 6" below the top of the finished grade. Boxes shall be 5'/l' diameter, bases may be round or oval and length adjustment shall be screw type. Valve boxes shall be Tyler 6860 G, Mueller H10361 or Bibby -Ste. -Croix or approved equal as shown on City Standard Plate No. 1006. Drop covers on valve boxes shall bear the word "water" on the top. Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS Otto Project No. 2-12-0191 PAGE 02510-2 SECTION 02510 -DOMESTIC WATER SYSTEMS F. VALVE BOX ADAPTERS: Valve box adapters shall be installed on all gate valves and butterfly valves as manufactured by Adapter, Inc. or approved equal. Payment for said adapters shall be considered incidental to the price of gate valves or butterfly valves. G. HYDRANTS: Fire hydrants purchased or installed shall meet or exceed all applicable requirements and tests of ANSI and the latest revisions of A.W.W.A. Standard C502. Fire hydrants shall meet all test requirements and be listed by Underwriters Laboratories, Inc. Fire hydrants shall meet all test requirements and have full approval of Factory Mutual. Fire hydrants shall meet the following requirements. Fire hydrants shall be rated for a working pressure of 250 Psig. (1825 kPa). Fire hydrants shall he of the compression type, opening against the pressure and closing with the pressure. Fire hydrants shall have a minimum 5'/I' main valve opening and a minimum inside lower/upper barrel diameter (I.D.) of 7" to assure maximum flow performance. Pressure loss at 1,000 GPM shall not exceed the following value. 4'/z" Pumper Nozzle: 2.50 psi Fire hydrants shall be three-way in design, having one — 4'/z" pumper nozzle and two — 2%z" hose nozzle(s). Nozzle thread type shall be national standard fire coupling screw threads. Nozzles shall thread counterclockwise into hydrant barrel utilizing "o" ring seals. A suitable nozzle lock shall be in place to prevent inadvertent nozzle removal. ' The bonnet assembly shall provide an oil reservoir and lubrication system that automatically circulates lubricant to all stem threads and bearing surfaces each time the hydrant is operated. This lubrication system shall be sealed from the waterway and any external contaminants by use of "o" ring seals. An anti -friction washer shall be in place above the thrust collar to further minimize operating torque. The oil reservoir shall be factory filled with a low viscosity, FDA approved non-toxic oil lubricant that will remain fluid through a temperature range of -60°F to +150°F. ' The operating nut shall be a one-piece design, manufactured of ASTM B-584 bronze. It shall be national standard pentagon in shape and the nut dimensions shall be measuring 1'/z" from point to flat. The operating nut shall be affixed to the bonnet by means of an ASTM B-584 bronze hold down nut. The hold down nut shall be threaded into the bonnet in such a manner as to prevent accidental disengagement during ' the opening cycle of the hydrant. The use of Allen head set screws as a means of retention is unacceptable. A resilient weather seal shall be incorporated into the hold down nut for the purpose of protecting the operating mechanism from the elements. ' The direction of the opening shall be counter -clockwise and an arrow shall be cast on the bonnet flange to indicate the specified opening direction. ' The hydrant bonnet shall be attached to the upper barrel by not less than eight bolts and nuts and sealed by an "o" ring Hydrants shall be a "traffic -model" having upper and lower barrels joined at the ground line by a separate and breakable "swivel" flange providing 360° rotation of upper barrel for proper nozzle facing. This flange shall employ not less than eight bolts. The safety flange segments shall be located under the upper barrel flange to prevent the segments from falling into the lower barrel when the hydrant is struck. The pressure ' seal between the barrels shall provide not less than 18" of clearance from the centerline of the lowest nozzle to the ground. ' The operating stem shall consist of two pieces not less than 1'/." diameter (excluding threaded or machined areas) and shall be connected by a stainless steel safety coupling. The safety coupling shall have an integral Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS ' Otto Project No. 2-12-0191 PAGE 02510-3 SECTION 02510 - DOMESTIC WATER SYSTEMS internal stop to prevent the coupling from sliding down into the lower barrel when the hydrant is struck. Screws, pins, bolts, or fasteners used in conjunction with the stem couplings shall also be stainless steel. The top of the lower stem shall be recessed 2" below the face of the safety flange to prevent water hammer in the event of a "drive over" where a vehicle tire might accidentally depress the main valve. The lower barrel shall be an integrally cast unit. The use of threaded on or mechanically attached flanges is deemed unacceptable. The hydrant bury depth shall be 7.0' of cover over the hydrant service and clearly marked on the hydrant lower barrel for 8.0' bury unless otherwise specified. All buried bolts and nuts shall be high-strength, ductile iron T -bolts and hex nuts with composition, dimensions, and threading in accordance with the latest revision of ANSI/AW WA Standard CI I I/A21.11. The T -bolts and hex nuts shall be NSS Cor -Blue or an approved equal. Composition of the main valve shall be a molded rubber having a durometer hardness of 95+/-5 and shall be reversible in design to provide a spare in place. Plastic (polyurethane) main valves are unacceptable. The main valve shall have a cross section not less than 1". Hydrants shall be equipped with two (2) drain valves that drain the barrel when the hydrant is closed and seal shut when the hydrant is opened. These drain valves shall be an integral part of the one piece bronze upper valve plate. They shall operate without the use of springs, toggles, tubes, levers or other intricate synchronizing mechanisms. The upper valve place, seat ring and drain ring (shoe bushing) must be ASTM B-584 bronze and work in conjunction to form an all bronze drain way. A minimum of two (2) internal and two (2) external drain openings are required. Drains ported through an iron shoe must be bronze lined. The bronze seat ring shall thread into a bronze drain ring (or shoe bushing) providing a bronze -to -bronze connection. Seat rings shall be `b" ring pressure sealed. The shoe inlet size and connection type shall be MJ having ample blocking pads for sturdy setting and the MJ connection must have two strapping lugs to secure the hydrant to piping. A minimum of six solid stainless steel bolts and nuts are required to fasten the shoe to the lower barrel. The interior of the shoe including the lower valve plate and stem cap nut shall have a protection coating that meets the requirements of A.W.W.A. C-550. If a stem cap nut is utilized, a stainless steel lock washer or similar non -corrosive device that will prevent the cap nut from backing off during normal use must lock it in place. Hydrants shall be warranted by the manufacturer against defects in materials or workmanship for a period often years (10) from the date of manufacture. The manufacturing facility for the hydrant must have current ISO certification. Hydrants shall be Waterous WB -67 or Mueller Super Centurion 250 or approved equal. All hvdrents shall be given one additional coat of paint after installation. All abraded surfaces shall be cleaned prior to application of the final field coat. The field coat of paint shall be per the manufacturer's specifications. All painted surfaces shall be warranted for a period of two years from the time the City accepts the public utility improvements. In the event the hydrant paint is not in satisfactory condition at the end of the warranty period, the entire hydrant shall be prepared (scraping, sanding) and repainted in accordance with these specifications. Any hydrant that is extended 6" or more shall be supplied with an extra heavy operating rod from the base to top of hydrant. Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS Otto Project No. 2-12-0191 PAGE 02510-4 ' SECTION 02510 - DOMESTIC WATER SYSTEMS ' All hydrant installations shall include a location marker as shown on Detail Plate No. 1004. Immediately after installing or relocating a fire hydrant, it must be securely covered by the contractor with a ' plastic bag to indicate it is "out of service". The plastic bag may only be removed for testing purposes by a city representative. ' Upon approval of all testing (hydro, bacteria, flush and conductivity) and city acceptance, the Chanhassen Utility Department will open the gate valve, remove the plastic bag and flush the hydrant. "PLEASE NOTE: The Utility Department requires a 48-hour advance notice to schedule turning on or off ' water lines. H. CORPORATION COCKS D.LP: All corporation cocks shall conform to A.W.W.A. Standards with ' A.W.W.A. threaded inlet and A.W.W.A. copper service pipe outlet. Minimum size corporation cocks shall be 1" x 1" and shall be installed with saddles on all 6" and smaller D.I.P. watermains (3/4" x 1" corporations are not allowed). ' Corporation cocks shall be Mueller #H 15000, Ford F 600 or approved equal. ' 1. CURB STOP AND BOX: Curb stop shall be Minneapolis pattern for copper service pipe inlet and outlet, with an inverted key, and shall be Mueller Company Mark 11 Oriseal #H-15154, Ford B22 -333M, B22 - 444M or approved equal. ' The stop box shall be an extension type with stationary rod Minneapolis, pattern base and a 1'/." upper section. Boxes shall have a 12" adjustment with an 8 -foot length when fully extended. Stop boxes shall be ' Mueller Company #H-10300 Series, Ford EM2-80-56-75R or approved equal. Curb stops shall be tied to definable landmarks such as manholes, catch basins, gate valves, hydrants and building comers. Swing ties shall be no longer than 100 feet in length between tie points. Property comers, ' trees, power poles, light poles, telephone or utility boxes are not acceptable ties. This record shall be turned over to the engineer for his/her records at time intervals specified by the engineer. ' The lid shall be Mueller 489375 or equal. J. COPPER TUBING: Copper tubing shall comply with the following and shall be manufactured in the United States of America: Federal Specification WW -T-799 Type K ASTM Specification B-88-62 Type K ' AWWA Specification C-800-55 Type K One -inch (1") seamless copper service lines shall be of minimum size for all water service, except where specified by City of Chanhassen in high-pressure water areas or where there are other unusual ' circumstances. K. RETAINER GLANDS: All retainer glands shall be ductile iron with set screws being solid stainless steel and spray -coated with a bituminous coal tar supplied by the manufacturer, similar to American Double -X mechanical joint retainer glands or approved equal and shall be capable of withstanding torque of not less than 80 -foot pounds. L. MECHANICAL JOINT RESTRAINTS: Mechanical joint restraints shall be manufactured of ductile iron conforming to ASTM A 536-80 with ductile iron restraining devices heat treated a minimum hardness of 370 GHN. Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS ' Otto Project No. 2-12-0191 PAGE 02510-5 SECTION 02510 - DOMESTIC WATER SYSTEMS Thrust Restraint Criteria: I. MegaLug, or approved equal, joint restraining glands are required at pipe joints. 2. For restrained joints, the number of feet (m) of tied pipe required shall be in accordance with the table shown on Detail Plate No. 1011. 3. For special cases not covered by the standard plate design of thrust restraint, the construction shall be in accordance with Thrust Restraint Design for Ductile Iron Pipe, Ductile Iron Pipe Research Association (1989). A working pressure of 250 psi (1725 kPa), shall be used for design calculation. The mechanical joint restraint shall have a working pressure of at least 250 psi and shall be MegaLug manufactured by EBAA IRON, INC. or approved equal. Restraints for C900 PVC shall be Ebba IRON Mega -Lug Series 2000 PV or approved equal. All mechanical joint restraints shall be spray -coated with a bituminous coal tar supplied by the manufacturer. M. ELECTRICAL CONDUCTIVITY MATERIALS: All joints on ductile iron pipe and fittings shall be connected with an electrical conducting copper strap, clips or cable designed and tested to withstand 400 amps. EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. No exception to the referenced Specification is made. 3.2 FIELD QUALITY CONTROL A. No exception to the referenced Specification is made. Ri€�: \ /17ZaZ91 Kr1 iL� Y ol.Yllll�[tl:\�I s] s7I.91 �1717L� �Lfa1J A. No exception to the referenced Specification is made. (« Y"TTNbir91;7:1111:f.911Q2krLQV'1A1l1Clt7a/:1121 A. The contractor shall perform a conductivity test on all trace wire prior to the acceptance of the water system. This test may be performed by either hiring an acceptable underground utility locating firm to physically locate the trace wire in the presence of a city representative or via low voltage circuit completed with the use of a suitable voltage source and meter to ensure continuity of the trace wire. In the event that a closed clamp circuit cannot be completed or difficulties with the locating or test arise, the cause shall be isolated and corrected. Thereafter, the section in which the defective test occurred shall be re- tested as a unit and shall meet the requirements. ""'END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. DOMESTIC WATER SYSTEMS Otto Project No. 2-12-0191 PAGE 02510-6 ' SECTION 02511 - RIP -RAP ' 1 GENERAL ' LI SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to construct the rip -rap and geotextile fabric as indicated on the drawings or as specified herein. ' 1.2 SPECIFICATION REFERENCES A. MnDOT Specification Section 2511 shall apply to the construction of rock rip -rap, except as modified ' herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. ' 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Rip rap of each type and class shall be measured per cubic yard unless otherwise noted on the bid form. 1 B. Costs for furnishing and installing filter aggregate or geotextile fabric shall be considered incidental to the bid price for rip rap. 2 PRODUCTS 2.1 MATERIALS A. The material to be used shall be the class rip -rap and fine filter aggregate shown on the plans as specified in ' MnDOT Specification 3601. B. The geotextile fabric shall meet the requirements of MnDOT 3733, Type IV, unless otherwise shown on the plans. ' C. The Contractor may choose the type of filter material, except as restricted for geotextile filters, unless the type is specified on the plans. ' 3 EXECUTION ' 3.1 CONSTRUCTION REQUIREMENTS A. No exception to the referenced specification is made. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. RIP -RAP ' Otto Project No. 2-12-0191 PAGE02511-1 SECTION 02530 - PIPE SEWERS - SANITARY GENERAL 1.1 SUMMARY A. This section covers the famishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to sanitary sewer and service lateral construction as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES A. Reference Section 02320 of these Specifications for trench excavation, bedding and backfill, except as modified herein. B. Reference CEAM Specification No. 2621 shall apply to the gravity sewers and service laterals construction, except as modified herein. C. Reference MNDOT Specification No. 2506 shall apply to manholes and castings, except as modified herein. D. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and payment shall be according to the referenced specification or as modified below: 1. Sewer Pipe: Sewer pipe will be measured by the lineal foot for each type and diameter of pipe, according to pipe classification and depth specified. All measurements will be made along the centerline of the pipe and from center of manhole to center of manhole. Pay depths shall be measured from subgrade elevation to the invert of the sewer. The unit price bid shall include all necessary excavation, pumping, sheeting, installation and backfilling. Testing shall be considered incidental to the bid price for sewer pipe unless specifically designated for payment under other contract items. 2. Manholes: Payment for manholes shall be at the bid price per structure and shall be compensation in full for all costs of constructing each unit complete -in-place as specified, including all castings, special fittings, base or encasement, and appurtenant materials as specified. Where the specified standard manhole depths are exceeded, the excess depth will be paid for separately as linear footage items at the bid unit price. 3. Connect To Existing Manhole: Payment shall be measured and paid per EACH as specified in the bid. The unit price shall include core drilling, installing water tight flexible boot, and construction of a new invert. 4. Special Pipe Fittings: Payment shall be made at the unit price for each size and type as a unit. 1.4 SUBMITTALS A. Final video tape and log of post construction televised inspection. PRODUCTS 2.1 SEWER PIPE AND FITTINGS A. Solid Wall Polyvinyl Chloride (PVC) Pipe Otto Associates Engineers and Land Surveyors, Inc. PIPE SEWERS -SANITARY ' Otto Project No. 2-12-0191 PAGE 02530-1 2.2 SECTION 02530 - PIPE SEWERS - SANITARY 1. 4" through 6" Diameters: Smooth-walled polyvinyl chloride pipe and fittings shall conform with the requirements of ASTM D-3034 for the Standard Dimension Ratio (SDR) of 26, unless otherwise specified on the plans. 2. 8" through 15" Diameters: Smooth-walled polyvinyl chloride pipe and fittings shall conform with the requirements of ASTM D-3034 for the Standard Dimension Ratio (SDR) of 35, for depths of less than 20 feet, unless otherwise specified on the plans. The SDR for depths exceeding 20 feet shall be 26, unless otherwise specified on the plans. 3. The connection shall be push -on with elastomeric gasketed joints, which are bonded to the inner walls of the gasket recess of the bell socket. 4. The pipe grade used shall be resistant to aggressive soil and corrosive substances in accordance with the requirements of ASTM D-543. A. Precast Concrete Manholes Sanitary sewer manholes shall conform to the MnDOT Standard Plate No. 4007C, unless otherwise shown on the plans, including integral base sections and rubber gasketed tongue and groove joints. All pipe openings shall have integral cast watertight seal. 2. Reinforced polypropylene plastic steps shall be furnished for all sanitary sewer manholes eight or more feet in depth. B. Castings 1. All casting assemblies shall meet the certification requirements of the Minnesota Department of Transportation and be manufactured by a MnDOT approved source. 2. All castings shall be as specified on the plans. 3. Manhole castings shall be stamped "SANITARY SEWER". C. Adjusting Rings 1. Only concrete adjusting rings shall be permitted. 3 EXECUTION 3.1 ESTABLISHING LINE AND GRADE A. The contractor shall give the Engineer 2 working days notice for the establishment of line and grade so the Engineer may have time to provide them. After line and grade have been provided by the Engineer, the Contractor shall be responsible for the protection and preservation of all monumentation until authorized to remove them by the Inspector. The Contractor shall bear the full cost of replacement that may have been caused by unauthorized removal. The Engineer may require that the work be suspended at any time and for any reason when such marks cannot be properly followed. No additional compensation shall be allowed the Contractor for any claims of crews being held up because of the lack of line and grade stakes. 3.2 INSTALLATION OF PIPE AND FITTINGS A. Sanitary Main Installation Otto Associates Engineers and Land Surveyors, Inc. Otto Project No. 2-12-0191 11 11 PIPE SEWERS -SANITARY PAGE 02530-2 ' tSECTION 02530 - PIPE SEWERS - SANITARY ' 1. No exception to the referenced specification is made. ' B. Sewer Service Installation 1. Refer to detail on plans for additional installation notes. 3.3 MANHOLE STRUCTURE A. Connect to Existing Sanitary Sewer ' 1. When connection to an existing sanitary sewer is made at an existing or proposed manhole, the Contractor shall expose and verify the elevation of the existing sewer prior to laying any sanitary sewer ' to, or from, the connection point. If the elevation of the existing sewer does not match the elevation shown on the plans, the Contractor shall notify the Engineer, at which time the Engineer may adjust the proposed grades. ' 2. Connections to existing structures shall be water tight. B. Outside Drop Manhole ' 1. All pipe materials used to construct the drop section and the incoming pipe shall be ductile iron. 2. Ductile iron pipe shall extend from the tee to 2 feet beyond the point where the elevation of the virgin ' soil becomes a uniform 6 inches below the invert elevation of the incoming pipe. C. Raise / Lower Existing Manhole ' I. Raising and/or lowering an existing manhole to meet a proposed finished rim elevation is performed when the addition and/or deletion of 2" adjusting rings will not reach a minimum of 2 rings or exceed a maximum of 6 rings. Typically, it will require: the removal of the manhole cone section or the ' concrete slab top; the addition, removal, or exchange of barrel sections; the replacement of the cone section or the concrete slab top; the installation of the proper number of adjusting rings; and the replacement of the manhole casting and frame. ' D. Manhole Base 1. Pre -cast bases shall be used for all manholes. ' 2. Integral cast base is required unless otherwise shown on the plans or approved by the City Engineer. E. Miscellaneous Work 1. If concrete adjusting rings are used, they shall be set with bituminous mastic or cement mortar and shall be plastered inside and out, with a minimum thickness of /cinch of mortar. A minimum of 2, ' maximum of 6 individual adjusting rings shall be used. Taller 6" or 12" rings shall be used where adjustment requires more than three 2" rings, with no more than 18" of adjusting rings used. 3.4 FIELD QUALITY CONTROL A. Deflection test ' 1. Testing shall be done in the presence of the Engineer. B. Sanitary sewer leakage testing ' 1. No exception to the referenced specification is made. Otto Associates Engineers and Land Surveyors, Inc. PIPE SEWERS -SANITARY ' Otto Project No. 2-12-0191 PAGE 02530-3 Otto Associates Engineers and Land Surveyors. Inc. PIPE SEWERS -SANITARY Otto Project No. 2-12-0191 PAGE 02530-4 , SECTION 02573 — STORM WATER MANAGEMENT ' 1 GENERAL f1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to managing storm water runoff and minimizing sediment pollution as indicated on the plans or as specified herein or as directed by the Engineer. ' B. The Contractor will be required to co-sign for a "General Storm Water Permit" for construction activity with the Minnesota Pollution Control Agency (MPCA). The Owner will initiate the Permit process and pay the required "Application Fee". The Contractor will be required to comply with all of the terms and conditions of the Permit that also includes performing the required inspections of the erosion control devices and maintaining an Inspector's Log for the MPCA Storm Water Permit. A copy of the proposed log form is available from the Engineer. ' C. The Owner has developed a Storm Water Pollution Prevention Plan (SWPPP) in accordance with Part III (Storm Water Discharge Design Requirements) of the National Pollutant Discharge Elimination System (NPDES)/State Disposal System Permit. ' D. The Contractor shall maintain copies of the SWPPP on the project site at all times and comply with the provisions contained therein. E. This project does not require the Contractor to provide a MnDOT Certified Erosion Control Supervisor or Installer. However, this does not release the Contractor from fully complying with the MPCA General Storm Water Permit for Construction Activity. 1.2 SPECIFICATION REFERENCES A. MnDOT Specifications Section 2573 shall apply to temporary erosion control. ' B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: ' 1. Sediment Control Devices: a. Payment for "Silt Fence" shall be at the contract price per LINEAR FOOT and shall be considered ' full compensation for furnishing, installing, maintaining, removing the sediment control devices, and removing accumulated sediment. Eighty percent (80%) of payment shall be made upon installation. The remaining 20% shall be made upon complete removal of the control measure, removal of any accumulated sediment and surface restoration. b. Payment for "Inlet Protection" shall be at the contract price per EACH for furnishing, installing, maintaining, and removing the materials as detailed in the plans. Eighty percent (80%) of payment ' shall be made upon installation. The remaining 20% shall be made upon final acceptance. Inlet protection devices shall become the Owner's property after final acceptance, unless otherwise approved by the Engineer. ' c. Payment for "Bioroll" shall be at the contract price per LINEAR FOOT and shall be considered full compensation for furnishing, installing, maintaining, removing the materials, and removing accumulated sediment. Otto Associates Engineers and Land Surveyors, Inc. STORM WATER MANAGEMENT ' Otto Project No. 2-12-0191 PAGE 02573-1 SECTION 02573 — STORM WATER MANAGEMENT d. Payment for "Temporary Ditch Check' shall beat the contract price per LINEAR FOOT and shall be considered full compensation for famishing, installing, maintaining, removing the materials, and removing accumulated sediment. e. Payment for "Rock Construction Entrance" shall be at the contract price per EACH for furnishing, installing and maintaining, and removing the materials as detailed in the plans. f. Payment for "Street Sweeping" shall be at the contract price per HOUR. B. The fumishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated erosion control and excavation items. Such items of work include but are not limited to: 1. Complying with the Minnesota Pollution Control Agency (MPCA) — General Storm Water Permit for Construction Activity (MN RI00001) — Reference Section 02370 — Storm Water Pollution Prevention Plan (SWPPP). 2. Cleaning storm sewers, drain tiles and culverts that have been partially or completely obstructed by sediment that originated from the site. 3. Geotextile fabric for rock installation. 4. Geotextile fabric to wrap prefabricated inlet protection devices. 5. Aggregate to anchor and act as a filter for prefabricated inlet protection devices. 6. Aggregate associated with the construction of temporary sediment traps. 7. Emergency erosion control mobilization. PRODUCTS 2.1 MATERIALS A. Erosion Control 1. No exception to the referenced specification. B. Sediment Control Devices 1. Silt Fence: a. Heavy Duty, as specified in the referenced specification. b. Preassembled, as specified in the referenced specification. c. Machine sliced, as specified in the referenced specification. 3 EXECUTION 3.1 GENERAL A. Prior to construction, the Owner, Engineer, and Contractor shall observe the existing storm water outfall system and discharge area and shall document the existing conditions. Upon completion of surface restoration (i.e., paving and turf establishment), the storm water outfall system and discharge area shall be Otto Associates Engineers and Land Surveyors, Inc. STORM WATER MANAGEMENT Otto Project No. 2-12-0191 PAGE 02573-2 ' ' SECTION 02573—STORM WATER MANAGEMENT observed and all increased sediment deposits shall be removed and disposed of by the Contractor. All increases in sediment deposits shall be considered to have originated from the project site. ' B. Exit areas or roads shall be kept clean of excess soil by routine sweeping. t 3.2 CONSTRUCTION REQUIREMENTS A. The Contractor shall control drainage and erosion on the project including: haul roads, temporary construction, waste disposal sites, plant and storage locations, and borrow pits, other than commercially ' operated sources. The Contractor shall clean up the area, shape the area to allow storm runoff with a minimum of erosion and/or siltation, replace topsoil, and establish vegetative cover to the satisfaction of the Engineer on areas where the potential for pollution has been increased due to the Contractor's operations. B. Unless the project has received approval or certification for depositing fill into surface waters, the Contractor shall remove all deltas and sediment deposited in drainage ways or catch basins and restabilize the areas where sediment removal results in exposed soil. The removal and stabilization shall take place within 7 calendar days of discovery unless precluded by legal, regulatory, or physical access restraints. If precluded, removal and stabilization must take place within 7 calendar days of obtaining access. The Contractor is responsible for contracting all local, regional, State, and Federal authorities before working in ' surface waters and obtaining applicable permits. C. The Contractor shall install Sediment Control Devices where control is required and/or where directed by the Engineer. The control measures as shown on the plans shall be considered the minimum requirements with additional measures required dependent on construction sequence and scheduling. D. Inlet Protection shall be used around catch basins and/or other surface water accesses to any existing or proposed storm water conveyance system. ****END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. STORM WATER MANAGEMENT Ono Project No. 2-12-0191 PAGE 02573-3 SECTION 02751 — DRIVEWAY RESTORATION 1 GENERAL ' 1.1 SUMMARY ' A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to driveway restoration as indicated on the drawings or as specified herein. 1.2 SPECIFICATION REFERENCES ' A. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. B. Subgrade Preparation 1. MnDOT Specification Section 2112 shall apply to the subgrade preparation, except as modified herein. ' C. Aggregate Surfacing 1. MnDOT Specification Section 2211 shall apply to the construction of aggregate base, except as ' modified herein. D. Bituminous Surfacing 1. MnDOT Specification Section 2360 shall apply to the construction of plant -mixed bituminous surfacing, except as modified herein. ' E. Concrete Surfacing L MnDOT Specification Section 2531 shall apply to the construction of concrete driveway placement, except as modified herein. 1.3 METHOD OF MEASUREMENT AND PAYMENT A. Driveway Restoration ■ 1. Measurement and payment for driveway restoration will be on a square -yard basis according to the Unit Prices shown on the Proposal. Unit Prices shall be considered full compensation for driveway ' repair and there shall be no additional compensation for subgrade preparation, common excavation, aggregate base, or other incidental labor or material described below. ' 2 PRODUCTS 2.1 MATERIALS A. The concrete mix to be used shall conform to MnDOT Mix No. 3A32 (Class A Aggregate). ' B. Joint sealer shall be a silicone based product. C. Bituminous wear course for driveways shall be LV WE350B. ' D. No recycled materials will be allowed. E. Aggregate surfacing shall be Class 1. Otto Associates Engineers and Land Surveyors, Inc. DRIVEWAY RESTORATION ' Otto Project No. 2-12-0191 PAGE 02751-1 SECTION 02751 — DRIVEWAY RESTORATION F. Aggregate base under concrete and bituminous surfacing shall be Class 7. G. Concrete driveways shall be replaced with six inches (6") non -reinforced concrete pavement over six inches (6") of Class 7 aggregate base. H. Bituminous driveways shall be replaced with two inches (2") wear course mixture over six inches (6") of Class 7 aggregate base. 1. Gravel driveways shall be replaced with eight inches (8") of Class 1 aggregate. 2.2 SOURCE QUALITY CONTROL A. The Owner shall arrange and pay for having the following testing performed: 1. One (1) gradation test for each 500 tons or 275 cubic yards (CV) of each class of aggregate base. 2. One (1) percent crushing test. 3. The bituminous mix shall be designed using Contractor Trial Mix Designs. A current MnDOT mix design may be accepted provided it represents the aggregate source and bituminous plant being used for the project, and is approved by the Engineer. No bituminous mixture shall be placed without an approved mix design. 4. The concrete mix proportions shall be determined by an independent certified testing laboratory secured by the Contractor. A current mix design may be submitted and accepted, provided the aggregate source is the same as that being used for this project. Two copies of the certified mix design shall be submitted to the Engineer for review prior to the construction of the project. I WI D14C N ITi 3.1 CONSTRUCTION REQUIREMENTS A. Excavate to the elevation shown on the plans and specifications. B. The joints in the concrete driveway pavement shall match with the sidewalk and curb control joints. The Contractor shall be fully responsible for proper jointing patterns. Mismatched jointing will require removal and replacement of components in order to achieve the desired results. All removal and replacement of rejected construction shall be at the Contractor's expense. C. Backfill along exposed edges of slabs with selected salvage material from the excavation such that the finished turf establishment is flush with the concrete. D. High early strength concrete shall be used. E. The aggregate shall be compacted using the Specified Density Method to a minimum of 100 percent of the Standard Proctor Density. F. The bituminous surfacing shall be constructed with maximum deviation of plus or minus '/4 inch from the planned compacted thickness. G. Compaction of bituminous mixtures shall be by the Maximum Density Method. 3.2 FIELD QUALITY CONTROL Otto Associates Engineers and Land Surveyors, Inc. DRIVEWAY RESTORATION Otto Project No. 2-12-0191 PAGE 02751-2 ' SECTION 02751 — DRIVEWAY RESTORATION A. Compression Strength Testing ' 1. The Engineer shall take samples as he deems necessary to determine the quality of the concrete. Compression tests of cylinders shall show not less than 3900 psi at 28 days. The Owner shall bear the cost of testing at an approved laboratory. B. The owner shall arrange for and pay all costs associated with having one (1) compaction test (including Standard Proctor) for each 500 square yards of each class of aggregate base. C. Warranty Period 1. During the warranty period indicated in the Supplementary Conditions, necessary repairs shall include ' but not be limited to defects in concrete and workmanship such as cracking, pop -outs, spalling, improper joint placement and settlement. ' ****END OF SECTION"" Otto Associates Engineers and Land Surveyors, Inc. DRIVEWAY RESTORATION Otto Project No. 2-12-0191 PAGE 02751-3 SECTION 02920 - TURF RESTORATION I1 GENERAL 1.1 SUMMARY A. This section covers the furnishing of all labor, materials, tools, equipment and performances of all work and services necessary or incidental to turf restoration as indicated on the drawings or as specified herein. B. The Contractor shall refer to the plan for the mix designations and locations of the different turf ' establishment areas. C. Temporary seeding may be necessary during construction in erosion sensitive areas. The Contractor shall do temporary seeding work as specified herein and as directed by the Engineer. 1.2 METHOD OF MEASUREMENT AND PAYMENT ' A. Measurement and compensation for the following items shall be paid according to the referenced specification or as modified below: ' 1. Payment for seeding shall include the costs for famishing and applying the designated seed mixture, fertilizer, and mulch at the rate specified and shall be measured by the ACRE or SQUARE FOOT (SF). 2. Payment for erosion control blanket shall include the costs for furnishing and placing the designated ' blanket as shown on plans and shall be measured by the SQUARE YARD (SY) of the blanket in place. 3. Payment for sodding shall include costs for famishing and installing sod and applying fertilizer at the ' rate specified and shall be measured by the SQUARE YARD (SY). B. The furnishing and installing specific items and/or the performance of work under certain circumstances shall not be individually paid. The costs shall be included in the unit price bid for the associated seeding and erosion control items. Such items of work include but are not limited to: 1. Subgrade preparation. ' 2. Maintenance of newly seeded and sodded areas, as specified, included in the unit price for the associated items. This shall include replacement and/or repair of any areas that may wash out, erode, or fail to grow prior to acceptance with no additional compensation. ' 3. Stapling of erosion control blanket on sloped areas, included in the unit price bid for erosion control blanket. 1.3 SPECIFICATION REFERENCES A. MnDOT Specifications Sections 2575 and 3876 shall apply to the establishment of grass and sod, except as ' modified herein. B. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. 2 PRODUCTS ' 2.1 MATERIALS A. The seed mixtures to be used are shown on the plans. Application rates shall be per the specified MnDOT ' seed mix recommendations. Otto Associates Engineers and Land Surveyors, Inc. TURF RESTORATION ' Otto Project No. 2-12-0191 PAGE 02920-1 SECTION 02920 - TURF RESTORATION B. Temporary seeding, if required, shall use Seed Mixture — 1 l OB Oats. EXECUTION 3.1 CONSTRUCTION REQUIREMENTS A. Immediately prior to sowing seed or placing sod the soil shall be loosened to a depth of 3 inches. Large rocks, clods, debris, and undesirable weeds shall be removed, other vegetation shall be disked into the soil, cleared, or chopped up. Areas to be sodded shall be prepared reasonably smooth, moist, with evenly textured foundation. Washouts shall be filled prior to soil loosening, fill shall be compacted to uniformity of adjacent materials. B. The Contractor shall notify the Engineer at least 48 hours prior to seeding so that proper inspection can be scheduled for the days of application of fertilizer, seed, and mulch. C. Fertilizer shall be placed prior to sodding and within 48 hours prior to seeding. D. Seed mixture shall be sown by means of mechanical or hydro spreading of the seeds at specified rates of application in accordance with MnDOT 3876. E. Type I mulch, straw, or hay, shall be applied at a tate of 2 tons per acre. Approximately 10% of the soil surface shall show through the mulch. F. Sod shall be maintained by the Contractor for at least 30 growing days prior to final inspection and acceptance. A "growing day" is defined as any calendar day exclusive to those days from June 10 to August 10 and from November I to May 5. During the maintenance period, all sod which dries out, is damaged, or displaced, or infected with weeds, shall promptly be replaced with new sod and maintained for at least 30 growing days after replacement. G. Seeding shall be inspected for acceptance at least 30 growing days after acceptable planting. Areas with no sign of or insufficient growth as determined by the Engineer, shall be reseeded and remulched by the Contractor at his own expense. H. Dormant seeding may be utilized in accordance with the referenced specification provided the final acceptance standards are met. 1. Final acceptance of seeding shall be based on an established growth of 6 -inches with a uniform density to cover 70% of the designated area. Any re -seeding necessary shall be performed at the Contractor's expense. ****END OF SECTION**** Otto Associates Engineers and Land Surveyors, Inc. TURF RESTORATION Otto Project No. 2-12-0191 PAGE 02920-2