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CAS-06_LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENT FILE 2 OF 24 lw CONTRACT DOCUMENTS RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS TABLE OF CONTENTS Page Advertisement for Bids 00100-1 Instructions to Bidders 00200-1 Bid Form 00400-1 Form of Agreement 00500-1 General Conditions 00700-1 Supplementary Conditions 00800-1 Technical Specifications Division 1 - General Requirements 01110 Summary of Work 01110-1 01145 Use of Premises 01145-1 01270 Unit Price Measurement and Payment 01270-1 01313 Project Meetings 01313-1 01330 Submittal Procedures 01330-1 01350 Special Procedures 01350-1 01501 Safety 01501-1 01551 Access Road and Parking 01551-1 • 01555 Traffic Control 01770 Closeout Procedures 01555-1 01770-1 01780 Project Record Documents 017WI Division 2 - Site Construction 02200 Site Preparation 02200-1 02249 Control of Water 02249-1 02300 Earthwork 02300-1 02370 Erosion and Sedimentation Control 02370-1 02375 Riprap Protection 02375-1 02630 Storm Drainage 02630-1 02700 Bases, Ballasts, Pavements, and Appurtenances 02700-1 02702 Trails and Curbs 02702-1 02920 Turf Establishment 02920-1 02928 Planting and Seeding Natural Areas 02928-1 02929 Establishment Period Maintenance and Management for Natural Area Plantings 02929-1 02930 Tree & Shrub Plantings 02930-1 02950 Site Restoration 02950-1 Division 3 —16 [NOT USED] 246498 I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Licenced • Professional Engineer under the Laws of the State of Minnesota. • a Robert C. Obermeyer Registration No. 13303 Date I hereby certify that these specifications were prepared by me or under my direct supervision and that I am a duly Licenced Landscape Architect under the Laws of the State of Minnesota. Fred Rozumalsld Registration No. 26559 Date 246498 0 40 Advertisement for Bids 1464" RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT ADVERTISEMENT FOR BIDS Sealed bids for the Lake Riley/Rice Marsh Lake Water Quality Improvement Project, Chanhassen, Eden Prairie, Minnesota, will be received by the Owner at the office of Barr Engineering Co. , and then publicly opened and read aloud. The Work consists of furnishing all labor, materials, equipment, skills, and performing all operations required to construct the Work. The Work includes mobilization and demobilization; furnish, install, and maintain erosion control measures; site preparation including clearing and grubbing; dredging of existing detention basin, excavation and shaping of five storm -water ponds, removing and replacing existing storm drain inlet and outlets and installing rip rap and fabric at structures, construction of control weirs and berm, contouring and preparing sites for landscaping, planting and seeding wetland and upland . areas, planting shrubs and trees, repairs to existing paths, all as provided for in the Bidding Documents. 0 Copies of the Drawings, Specifications and other Bidding Documents describing the Work may be examined and/or obtained at the office of the Engineer, Barr Engineering Co., 4700 W. 77th Street, Edina, Minnesota 55435. Potential bidders may obtain the Bidding Documents from Barr Engineering Co. upon deposit of one hundred dollars ($100.00). Deposits will be non-refundable. Partial sets of the Documents will not be issued. The potential bidders attention is directed to the Instructions to Bidders (I13-20.0) with regard to the pre -bid meeting scheduled to be held on at the offices of Barr Engineering Company, unless otherwise modified by Addendum. 246539 DZIIGIIIII • Instructions to Bidders 246498 • INSTRUCTIONS TO BIDDERS LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meaning indicated in the Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) and the Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. A. Bidder -The individual or entity who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to Bidder. B. Successful Bidder -The lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The Successful Bidder becomes the Contractor upon execution of the Agreement. ARTICLE 2 - CONTRACT DOCUMENTS 2.01 The Contract Documents shall consist of the following: A. Written Amendment B. Change Orders C. Work Change Directives D. Agreement E. Purchase Order or similar document (if applicable) F. Field Orders and Field Memorandums G. Notice to Proceed • H. Addenda 246540 00200-1 I. Bid Form • J. Instruction to Bidders • K. Drawings L. Technical Specifications M. Supplementary Conditions N. Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition) O. Advertisement for Bids ARTICLE 3 - COPIES OF BIDDING DOCUMENTS 3.01 Complete sets of the Bidding Documents may be obtained from the Engineer for the deposit sum stated in the Advertisement for Bids. 3.02 Complete sets of the Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting frornthe use of incomplete sets of the Bidding Documents. 3.03 Owner and Engineer in maldng copies of the Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ARTICLE 4 - QUALIFICATIONS OF BIDDERS 4.01 To demonstrate qualifications to perform the Work, the low Bidder if requested by the Owner shall submit to Owner (with copy to Engineer) within seven (7) calendar days following the request by the Owner written documentation which demonstrates the Bidder's ability to complete the Work as specified. This documentation may include a description of present commitments; description of the Bidder's project experience in the past five years including nature of project, owner's name, dollar value and name of bonding company, a description of the Bidder's equipment, key personnel and resources which demonstrate the Bidder's ability to successfully complete the Work; a list of subcontractors Bidder proposes to use; and such other information the Owner believes is necessary. 246540 00200-2 9 • 0 ARTICLE 5 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE 5.01 It is the responsibility of each Bidder before submitting a Bid, to (a) examine the proposed Contract Documents and become thoroughly familiar with all terms, conditions, and requirements; (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work; (c) consider federal, state and local Laws, Codes, Ordinances, and Regulations that may affect cost, progress, performance or furnishing of the Work; (d) study and carefully correlate Bidder's observations with the proposed Contract Documents; and (e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 5.02 Subsurface and Physical Conditions A. Subsurface Conditions: 1. The following explorations, reports and documents relating to this project were provided to, or obtained by, or prepared by Engineer: 2. Currently, there are copies of this information in Engineer's office. Bidder has the opportunity, during preparation of Bidder's Bid, to review these explorations, reports, and documents in the Engineer's office by appointment. These explorations, reports, and documents are not part of the Contract Documents. The information represented by these explorations, reports, and documents was considered by Engineer for project design purposes. The Owner and Engineer do not imply that the information and tests contained therein are necessarilyrepresentative, exhaustive, or comprehensive and expressly disclaim any warranties as to their accuracy or reliability for Bidder's purposes or purposes of construction. The Bidder may use this information and the data Bidder judges appropriate, but Bidder is not entitled to rely on any of the information, technical data, non technical data, interpretations, or opinions contained therein or the completeness thereof. Bidder's reliance on such for Bidder's purposes is solely at Bidder's own risk 246540 00200-3 • B. Existing Structures: 1. All existing above ground structures at the site may not be shown on the Drawings and Bidder shall be responsible to verify the existence and location of all above ground structures. Bidder's Bid shall include the costs necessary for the performance, progress, furnishing, and installing of the Work as relates to existing above ground structures. C. Underground Facilities and Utilities: 1. Excavation is included within the scope ofthe proposed Work, however, no information has been requested from the owners of underground facilities and utilities to aid in developing the Drawings and Specifications. 2. The Owner and Engineer have no reliable information regarding the existence of subsurface structures other than those indicated in the Drawings, which are at or contiguous to the Work. If the • Bidder suspects or verifies the existence of subsurface structures which may affect the cost, performance, progress, furnishing, or installing of the work in accordance with the Contract Documents prior to the time for the opening of bids, the Bidder shall notify Owner and Engineer promptly, in writing, of the conflict. If such an existing subsurface structure is located at any time thereafter, Owner and Engineer will consider the existing subsurface structure under the provisions for differing conditions. 3. Information and data concerning Underground Facilities and Utilities at or contiguous to the site, and known to Owner and Engineer, are available for review by any Bidder at the Engineer's office by appointment. Owner and Engineer do not imply that this information is necessarily representative, exhaustive, or comprehensive and expressly disclaim responsibility for or any warranties as to its accuracy. Whether Underground Facilities and Utilities are shown or indicated, or not shown or indicated, on the Drawings the Contractor shall have the full responsibility for locating all Underground Facilities and Utilities prior to the performance of all elements of the Work. The additional responsibilities of Bidder regarding Underground Facilities and Utilities are set forth in the General Conditions. 5.03 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information and data 246540 00200-4 which pertain to the physical conditions (surface, subsurface, Underground Facilities and Utilities) at or itcontiguous to the site or otherwise which may affect the cost, progress, performance or furnishing of the Work, and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. Bidder's failure to conduct or perform such examinations, investigations, explorations, tests, and studies or obtain additional information, shall represent that Bid has included adequate cost contingencies as Bidder deems necessary for perfonning and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. 5.04 Bidders may have access to the site for the conduct of such supplemental explorations and tests as Bidder may deem desirable for submission of a Bid provided Bidder makes such independent and acceptable arrangements with Owner through Engineer. It is the Bidder's responsibility to obtain access to the site, including lands owned by Owner, to conduct such explorations and tests as Bidder deems necessary for submission of a Bid. Bidder shall be responsible for restoration of all such lands to a condition equal to or better than existing conditions. • 5.05 All lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Owner may or may not be able to assist or aid Contractor with • acquisition of lands and access thereto for purposes of construction. 5.06 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this ARTICLE 5 and that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and by such means, methods, techniques, sequences or procedures of construction as may be specifically indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and famishing of the Work 5.07 No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the Work, as a result will be accepted as a sufficient excuse for any failure or omission on the part of the Bidder to fulfill in every detail all the requirements of these Contract Documents, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. 246540 00200-5 • ARTICLE 6 - INTERPRETATIONS AND CLARIFICATIONS 6.01 Prior to the submittal of Bids, if any potential Bidder is in doubt as to the true meaning, or finds discrepancies in or omissions from the Contract Documents, that potential Bidder shall submit to the Engineer a written request for an interpretation or clarification thereof. The Bidder submitting the request shall be responsible for prompt delivery. Interpretations and clarifications considered necessary by Engineer in response to such requests will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Contract Documents. Requests received less than ten (10) calendar days prior to the date for opening of Bids may not be answered. Only interpretations and clarifications issued by Addenda will be binding. Oral interpretations and clarifications will be without legal effect. After execution of the Agreement clarifications and interpretations shall be directed to Engineer in accordance with paragraph 9.04 of the General Conditions. 6.02 The lump sum and unit price items as shown in the Bid Form shall be used as the basis for calculation upon which the award of Contract will be made and for calculation of the initial Contract Price. These items • are intended to cover all aspects of the Work. • 6.03 It is the intent ofthe Contract Documents to cover all aspects of the Work. Should there be some item or items not shown on the Drawings or described in the Specifications which are required for the Work, these items and the furnishing of all necessary labor, materials and equipment shall be considered incidental to the Work and no additional compensation will be provided. 6.04 Any Addenda issued during the time of the bidding or forming a part of the Contract Documents loaned to the Bidder for the preparation of a Bid shall be included in the Bid and shall be made a part of the Contract Documents. Receipt of each Addendum shall be acknowledged on the Bid Form. ARTICLE 7 - BID SECURITY 7.01 Each Bid must be accompanied by Bid security made payable to the Owner in an amount of five (5) percent of the Bidder's total base Bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of paragraph 5.01.11 of the General Conditions. 246540 00200-6 • 7.02 The Bid security of the apparent Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Performance and Payment Bonds and Certificates of Insurance, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement within ten (10) calendar days after Notice of Award, or within ten (10) calendar days after executable Agreement is sent to successful bidder, whichever is later, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 7.03 The Bid security of the second and third low Bidders may be retained until the earlier of the seventh (7) day after the Effective Date of the Agreement or the forty-sixth (46) day after the Bid opening, whereupon Bid security famished by such Bidders will be returned. Bid security of all other Bidders will be returned within ten (10) days after the Bid opening, although Bids shall remain subject to acceptance per ARTICLE 15 of these Instructions to Bidders. si y_ • 1; ; Mlul 8.01 The number of calendar days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set in paragraphs 8.02, 8.03, and 8.04 below. 8.02 The Work shall be commenced on or about 200. or within 5 calendar days after receipt of the Notice to Proceed, whichever is later. 8.03 The Work shall be substantially complete, except for plantings and seeding, on or before . 200 8.04 The planting and seeding shall be substantially complete on or before 200_. 8.05 The Work shall be completed and ready for final payment in accordance with paragraph 14.06 of the General Conditions by . 200_. ARTICLE 9 - LIQUIDATED DAMAGES 9.01 All time limits stated in the Contract Documents are of the essence of the Agreement. 246540 00200-7 • 9.02 Owner and Contractor recognize that time is of the essence with regard to completion of the Work, and that Owner may suffer financial loss if the Work is not substantially completed within the times specified in ARTICLE 8 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Accordingly, Owner and Contractor agree that as liquidated damages for delay (but not as penalty), Contractor shall pay compensation to Owner for those reasonable additional claims, costs, losses, and damages sustained by Owner for each working day that expires after the time specified for Substantial Completion of the Work. After substantial completion, or if no Substantial Completion date is specified, if Contractor shall neglect, refuse, or fail to complete the Work within the Contract Time specified in ARTICLE 8 above or any proper extension thereof granted by Owner, Contractor shall pay compensation to Owner for those reasonable additional claims, costs, losses, and damages sustained by Owner for each working day that expires after the time specified in ARTICLE 8 above for completion and readiness for final payment. ARTICLE 10 - SUBSTITUTE OR "OR -EQUAL" ITEMS 10.01 The Agreement, if awarded, will be on the basis ofmaterials and equipment described in the Drawings • or stated in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or stated in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if approved, application for such approval will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application and consideration of application is set forth in the General Requirements and in Paragraphs s 6.05.A, 6.053, 6.05.C, 6.05.1), 6.05.E, and 6.05.17 of the General Conditions. ARTICLE 11 - BID FORM 11.01 The Bid Form is included with the Contract Documents; additional copies maybe obtained from Engineer. 11.02 All blanks on the Bid Form must be completed in ink or by typewriter. 11.03 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed 246540 00200-8 • and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.04 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.05 All names must be typed or printed below the signature. 11.06 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.07 The address and telephone number for communications regarding the Bid must be shown. ARTICLE 12 - SUBMISSION OF BIDS 12.01 Bids shall be submitted as follows: 0 A. Oral proposals or modifications will not be considered. • B. It is the sole responsibility of the Bidder to see that his bid proposal is received at the proper place and in proper time. Any proposal received after the scheduled closing time for receipt of the proposals will be rejected. C. In case of a difference between the unit prices and the extensions of the unit price, the unit prices shall govern. D. All bid proposals shall be submitted on the unaltered forms included with these Contract Documents. The blank spaces on the proposals shall be filled in correctly in ink or typewritten where indicated for each and every item for which a quantity is given, and the Bidder shall clearly indicate the prices for which he proposes to do each item of work contemplated. Additional copies of the Bid Form and other forms may be obtained from the Engineer. 246540 00200-9 • E. The Bid Form including required attachments shall be submitted in a sealed envelope clearly marked: U • PROPOSAL FOR: Lake Riley/Rice Marsh Lake Water Quality Improvements Chanhassen, Eden Prairie, Minnesota Riley -Purgatory -Bluff Creek Watershed District and the name of the Bidder. F. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notification "BID ENCLOSED" on its face. G. Bid proposal shall be delivered to: Riley -Purgatory -Bluff Creek Watershed District c/o Barr Engineering Co. 4700 West 77th Street Minneapolis, Minnesota 554354803 Attn: Bob Obermeyer not later than the date and time stated in the Advertisement for Bids unless modified by Addendum. ARTICLE 13 - MODIFICATION AND WITI-IDRAWAL OF BIDS 13.01 Bids maybe withdrawn without prejudice to the Bidder by submitting a written request to the Owner at the address specified for the submission of Bids at any time prior to the time set for receipt of Bids. The request for withdrawal shall be executed in the manner a Bid must be executed; the request must be signed in the same manner and by the same person or persons who signed the bid and should not reveal the amount of the bid; if such request for withdrawal is not explicit and if it is in any sense subject to misinterpretation, the Bid shall be subject to either acceptance or rejection, as may be in the best interest of the Owner, and in its discretion. Withdrawn Bids maybe modified and resubmitted anytime prior to the time set for the opening of Bids. Requests shall be clearly marked 'Request for Withdrawal of Bid" and labeled with the project name. 24650 00200-10 • ARTICLE 14 - OPENING OF BIDS 14.01 Bids will be opened publicly and read aloud in such place as designated at the time and the date set in the Advertisement for Bids. Bidders or their authorized agents are invited to be present. ARTICLE 15 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE 15.01 All bids will remain subject to acceptance for forty-five (45) calendar days after the Bid opening, but Owner may, in its sole discretion, release any Bid prior to that date. Bid security shall be returned as stated in ARTICLE 7 of these Instruction to Bidden:. ARTICLE 16 - REJECTION OF BIDS AND AWARD OF CONTRACT 16.01 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, non -responsive, unbalanced or conditional Bids. Also, Owner reserves the right • to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices (if used) will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any colunm of figures and the correct sum thereofwill be resolved P in favor of the correct sum. 16.02 If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the Award will be in the best interests of the Project. 16.03 If the contract is to be awarded, Owner will give the Successful Bidder allotice of Award within forty- five (45) calendar days after the day of the Bid opening. 246540 00200-11 • ARTICLE 17 - CONTRACT SECURITY 17.01 Paragraphs 5.0l.A, 5.01.11, and 5.01.0 ofthe General Conditions sets forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. ARTICLE 18 - SIGNING OF AGREEMENT 18.01 When Owner gives a Notice of Award to the Successful Bidder, it will be accompaniedby the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) calendar days thereafter Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner in accordance with the instructions for delivery in the Notice of Award along with the required Bonds, evidence of insurance, and any other required submittals. 18.02 Owner or Engineer will review required submittals and may require Successful Bidder to make • revisions. Successful Bidder shall make required revisions and resubmit to Owner within five (5) calendar days of Owner's request for such revision. Within thirty (30) days upon final receipt of all acceptable materials, Owner will deliver one (1) fully signed counterpart of the Contract Documents to Contractor. Each counterpart is to be accompanied by a complete set of the Contract Documents with appropriate identification. • ARTICLE 19 - PAYMENT AND RETAINAGE 19.01 Provisions concerning progress payments and final payment are set forth in Article 14 of the General Conditions as modified by the Supplementary Conditions. Additional payment procedures may be described in Sections 01270 and 01290 of the Specifications and the General Conditions as modified by the Supplementary Conditions. 19.02 No payment amounts on account of materials and equipment delivered to the site prior to installation will be made. Progress payments will only be made when materials are completely installed in accordance with the Contract Documents. yM50 00200-12 • 19.03 Retainage shall be 10 percent of the value of the Work completed up to and including 50 percent of the current Contract Price as determined by Engineer and after which, if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that so long as the character and progress of the Work remain satisfactory to them, remaining progress payments will be made in the amount of 100 percent of the value of Work completed less the amount retained on 50 percent of the current Contract Price as determined by Engineer. ARTICLE 20 - PRE -BID MEETING 20.01 A mandatory pre -bid meeting will be held at: A. 10:00 A.M., CST, on Tuesday, 200_ at the offices of Barr Engineering Company, 4700 West 77th Street, Minneapolis, MN 55435. 20.02 Bids will be considered unresponsive unless Bidder's authorized representative has attended the mandatory pre -bid meeting as evidenced by representative's signature or handwritten name on the attendance • roster for the pre -bid meeting. • ARTICLE 21 - PRECONSTRUCTION CONFERENCE 21.01 Prior to the beginning of construction operations, a preconstruction conference will be held as provided for by paragraph 2.06 of the General Conditions. ARTICLE 22 - CONSTRUCTION LIMITS 22.01 Construction limits shall be as shown on the Drawings or as described in the Specifications. 246540 00200-13 11 Bid Form 246498 • BID FORM LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS BID FOR: LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS IS SUBMITTED TO: Riley -Purgatory -Bluff Creek Watershed District c/o Barr Engineering Co. 4700 West 77th Street Minneapolis, Minnesota 55435-4803 Attn: Bob Obermeyer ARTICLE 1 1.01 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 Contract Time and in accordance with the other terms and conditions of the Contract Documents. • ARTICLE 2 2.01 Bidder accepts all of the temis and conditions of Advertisement for Bids (00100) and Instructions to Bidders (00200), including without limitation those dealing with the disposition of Bid Security, and other Contract Documents. This Bid will remain subject to acceptance as set forth in the Instruction to Bidders. Bidder shall sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) days after the date of Owner's Notice of Award. ARTICLE 3 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Contract Documents, and incorporated into the Agreement by reference, that: A. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): No. Date Addendum Number Signature 1.) a 3.) • 246541 00400-1 • 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 Subsurface and Physical Conditions as they relate to subsurface conditions, existing structures, and underground facilities and utilities as identified in paragraphs 5.02.A, 5.02.11, and 5.02.0 of the Instructions to Bidders, and accepts the terms of paragraphs 5.02.A, 5.02.13, and 5.02.0 in the Instructions to Bidders as to the extent of the technical data 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, studies, and drawings which pertain to the surface and 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, including specifically the provisions of paragraphs 5.02.A and 5.02.13 of the Instructions to Bidders; and 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 with respect to existing Underground Facilities and utilities at or contiguous to the site whether shown or indicated, or not shown or indicated, on the Drawings and Bidder assumes full responsibility for the accurate location of said Underground Facilities and Utilities prior to the performance of all elements of the Work No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground • Facilities and Utilities 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, including specifically the provisions of paragraph 5.02.0 of the Instructions to Bidders and paragraphs 4.04.A and 4.04.B of the General Conditions. • F. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, studies, and drawings 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 Hiles 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. I. This Bid has been arrived at by the Bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other Bidder or vendor of materials, supplies, equipment or services described in the Contract Documents designed to, or acting to, limit independent bidding or competition. 246541 00400-2 • BID FORM LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS BID FOR: LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS IS SUBMITTED TO: Riley -Purgatory -Bluff Creek Watershed District c/o Barr Engineering Co. 4700 West 77th Street Minneapolis, Minnesota 55435-4803 Attn: Bob Obemteyer ARTICLE 1 1.01 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 famish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. • ARTICLE 2 2.01 Bidder accepts all of the terms and conditions of Advertisement for Bids (00100) and Instructions to Bidders (00200), including without limitation those dealing with the disposition of Bid Security, and other Contract Documents. This Bid will remain subject to acceptance as set forth in the Instruction to Bidders. Bidder shall sign and submit the Agreement with the Bonds and other documents required by the Contract Documents within ten (10) days after the date of Owner's Notice of Award. ARTICLE 3 3.01 In submitting this Bid, Bidder represents, as more fully set forth in the Contract Documents, and incorporated into the Agreement by reference, that: A. Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all of which is hereby acknowledged): No. Date Addendum Number Signature 00400-1 • 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 Subsurface and Physical Conditions as they relate to subsurface conditions, existing structures, and underground facilities and utilities as identified in paragraphs 5.02.A, 5.02.13, and 5.02.0 of the Instructions to Bidders, and accepts the terms of paragraphs 5.02.A, 5.023, and 5.02.0 in the Instructions to Bidders as to the extent of the technical data 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, studies, and drawings which pertain to the surface and 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 famishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraphs 5.02.A and 5.023 of the Instructions to Bidders; and 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 with respect to existing Underground Facilities and Utilities at or contiguous to the site whether shown or indicated, or not shown or indicated, on the Drawings and Bidder assumes full responsibility for the accurate location of said Underground Facilities and Utilities prior to the performance of all elements of the Work. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground • Facilities and Utilities are or will be required by Bidder in order to perform and famish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 5.02.0 of the Instructions to Bidders and paragraphs 4.04.A and 4.04.13 of the General Conditions. F. Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, studies, and drawings 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. I. This Bid has been arrived at by the Bidder independently, and has been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other Bidder or vendor of materials, supplies, equipment or services described in the Contract Documents designed to, or acting to, limit independent bidding or competition. 246541 00400-2 • J. This Bid has 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, and will not be communicated to any such person prior to the opening of the Bid. • ARTICLE 4 4.01 Bidder will complete the Work for the following price(s)as referenced in Section 01270 of the Specifications: A. BID ITEMS Item Description Unit Estimated Quantity Unit Price Extension 1.04A Project Mobilization/Demobilization L.S. 1 1.04B Plantings Establishment and Maintenance L.S. 1 RM-1.1 Rice Marsh Lake Park Pond (City RM-P4.9) 1.04C Site Mobilization/Demobilization L.S. 1 1.04D Rock Erosion Control Construction Entrance Each 1 1.04E Silt Fence L.F. 880 1.04G 18" Dia. Siltation Sock, (Temporary Erosion Control L.F. 880 1.04F 18" Dia. Seeded Siltation Sock (Permanent) L.F. 1,050 1.04I Erosion Control Ground Cover/Mulch S.Y. 8,822 1.04CC Erosion Control Mat S.Y. 300 1.04J Clearing & Grubbing Acre 2.4 1.04P Remove 48" R.C.P. Flared End Section L.F. 8 1.04K Topsoil C.Y. 888 1.04T Temporary Tree Protection Fence L.F. 380 1.04L Pond Excavation C.Y. 19,273 LOW Backfill C.Y. 312 1.04N Grading S.Y. 8,222 1.040 Excavated Material Disposal C.Y. 18,961 1.04R Construct 96" Dia. Manhole L.F. 11 1.04Q Install 60" R.C.P. L.F. 48 1.04Q Install 60" R.C.P. Flared End Section Each 1 1.04RR Pipe Bedding Material C.Y. 8 246541 00400-3 • • • Item Description Unit Estimated Quantity Unit ELE:xtension 1.04V Aggregate 3/4" Rock Ton 73 1.04W Geotextile Wrap, MN/DOT Type 5 Fabric S.Y. 2,340 1.04S Class III Rip Rap with Filter & Fabric C.Y. 64 1.04X Two Rail Red Cedar Split Rail Fence L.F. 430 1.04Y Turf Establishment Acre 0.07 1.04Z Seeding Natural Area (Wet Prairie Seed Mix Acre 0.54 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.27 1.04AA Trees (River Birch, minimum 2" Dia.) Each 10 1.04AA Trees (Swamp White Oak, minimum 2" Dia. Each 4 1.04TT Tree Protection Tube Each 14 1.04BB Shrubs (Cardinal Red Twig Dogwood) Each 89 1.04UU Shredded Hardwood Mulch C.Y. 29 1.04DD Remove Bituminous S.Y. 800 1.04EE Repairs to Existing Bituminous Trail (3" Depth) S.Y. 800 RM-2.2 Whitehill Pond (City RM-P5.3) 1.04C Site Mobilization/Demobilization L.S. I 1.04D Rock Erosion Control Construction Entrance Each 1 1.04E Silt Fence L.F. 420 1.04G 18" Dia. Siltation Sock, (Temporary Erosion Control L.F. 420 1.04H Erosion Control Inlet Protection Each 6 1.04I Erosion Control Ground Cover/Mulch S.Y. 1,093 1.04CC Erosion Control Mat S.Y. 66 1.047 Clearing & Grubbing Acre 0.22 1.04K Topsoil i C.Y. 182 1.04L Pond Excavation C.Y. 1,851 1.04M Backfill C.Y. 182 1.04N Grading S.Y. 1,093 1.040 Excavated Material Disposal C.Y. 1,669 1.04S Class III Rip Rap with Filter & Fabric C.Y. 26 246541 00400-4 U 11 • Item Description Unit Estimated Quantity Unit Price Extension 1.04Y Turf Establishment Acre 0.01 1.04Z Seeding Natural Area (Wet Prairie Seed Mix Acre 0.23 1.04AA Trees (River Birch, minimum 2" Dia) Each 8 1.04TT Tree Protection Tube Each 8 1.04BB Shrubs (Cardinal Red Twig Dogwood) Each 27 1.04UU Shredded Hardwood Mulch C.Y. 13 1.04DD Remove Bituminous S.Y. 500 1.04FF Repair Bituminous Parking Lot (If Necessary to 3" Depth) S.Y. 500 1.04HH Removal of Existing Pond Water L.S. 1 1.04GG Traffic Control L.S. 1 RM-2.5 Siltation Basin 1.04C Site Mobilization/Demobilization L.S. 1 1.04E Silt Fence L.F. 335 1.04G 18" Dia. Siltation Sock, (Temporary Erosion Control L.F. 335 1.04CC Erosion Control Mat S.Y. 178 1.04J Clearing & Grubbing Acre 0.10 1.04K Topsoil C.Y. 25 1.04II Excavate Silt C.Y. 194 1.04JJ Excavate Channel C.Y. 50 1.04M Backfrll C.Y. 25 1.04N Grading S.Y. 489 1.040 Excavated Material Disposal C.Y. 219 1.045 Class III Rip Rap with Filter & Fabric C.Y. 219 1.04U Aggregate Class 5 C.Y. 54 1.04K Granular Sub Base C.Y. 39 1.04Y Turf Establishment Acre 0.01 1.04Z Seeding Natural Area (Wet Prairie Seed Mix) Acre 0.16 1.04Z Seeding Natural Area (Dry Prairie Seed Mix) Acre 0.10 1.04AA Trees (Kentucky Coffee Tree, minimum 2" Dia. Each 6 246541 00400-5 • • Item Description Unit Estimated Quantity Unit Price Extension 1.04AA Trees (Bur Oak, minimum 2" Dia.) Each 5 1.04TT Tree Protection Tube Each 11 1.04BB Shrubs (Grey Dogwood) Each 12 1.04UU Shredded Hardwood Mulch C.Y. 16 1.04LL Raise MCES Manhole and Casting Assembly Each 1 1.04MM Repair Existing Trash Guard L.S. 1 RM-2.6 Cheyenne Ave. Pond (City RM-P5.7) 1.04C Site Mobilization/Demobilization L.S. 1 1.04D Rock Erosion Control Construction Entrance L.S. I 1.04D Rock Erosion Control Construction Entrance Special L.S. 1 1.04I Erosion Control Ground Cover/Mulch S.Y. 3,822 1.04E Silt Fence L.F. 1,180 1.04G 18" Dia. Siltation Sock, (Temporary Erosion Control L.F. 1,180 1.04CC Erosion Control Mat S.Y. 250 1.04J Clearing & Grubbing Acre 1.6 1.04K Topsoil C.Y. 474 1.04DD Remove Bituminous Path S.Y. 36 1.04P Remove 18" C.M.P. Culverts L.F. 60 1.04NN Modify Existing Outlet Structure L.S. I 1.04SS Fabricate and Install Trash Rack L.S. I 1.04Q Install 48" C.P.E.P.P. L.F. 58 1.04Q Install 48" C.P.E.P. Flared End Sections Each 2 1.04Q Install 24" P.V.0 — SDR 35 L.F. 4 1.04Q Install 24" P.V.C. 45Degree Bend Each 1 1.04RR Pipe Bedding Material C.Y. 18 1.041, Pond Excavation C.Y. 7,865 1.04M Backfill C.Y. 551 1.04QQ Construct Berm Materials C.Y. 346 1.04N Grading S.Y. 3,822 246541 00400-6 • U • Item Description Unit Estimated Quantity Unit Price Extension 1.040 Excavated Material Disposal C.Y. 7,314 1.04U Aggregate Class 5 C.Y. 6 1.04KK Granular Sub Base C.Y. 5 1.04FF 3" Bituminous Trail (LVWE45030B) S.Y. 36 1.0400 3/8" Minus Rock Trail Mix C.Y. 50 1.04S Class III Rip Rap with Filter & Fabric C.Y. 163 1.04PP Permanent Turf Reinforcement Mat S.Y. 60 1.04Y Turf Establishment Acre 0.06 1.04Z Seeding Natural Area (Mesic Prairie Seed Mix) Acre 0.74 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.34 1.04AA Trees (River Birch, minimum 2" Dia.) Each 15 1.04AA Trees (Bur Oak, minimum 2" Dia.) Each 5 1.04TT Tree Protection Tube Each 20 1.04UU Shredded Hardwood Mulch C.Y. 4 1.04FF Repairs to Existing Bituminous Path ( 3" Depth) S.Y. 530 RM-6.5 Market Blvd. Pond (City RM-P4.5) 1.04C Site Mobilization/Demobilization L.S. 1 1.04D Rock & Bituminous Erosion Control Construction Entrance L.S. 1 1.04E Silt Fence L.F. 1,850 1.04G 18" Dia. Siltation Sock, (Temporary Erosion Control) L.F. 1,850 1.04H Erosion Control Inlet Protection Each 3 1.04I Erosion Control Ground Cover/Mulch S.Y. 3,083 1.04CC Erosion Control Mat S.Y. 178 1.04J Clearing & Grubbing Acre 0.42 1.04P Remove Existing 15" R.C.P. Flared End Section L.F. 8 1.04K Topsoil C.Y. 342 1.04L Pond Excavation C.Y. 24,523 1.04M Backfill C.Y. 210 1.04N Grading S.Y. 8,222 izrsisi 00400-7 • U Item Description Unit Estimated Quantity Unit Price Extension 1.040 Excavated Material Disposal C.Y. 24,313 1.04S Class III Rip Rap with Filter & Fabric C.Y. 68 1.04R Construct 48" Dia. Manhole L.F. 8 1.04Q 18" R.C.P. L.F. 48 1.04Q 18" R.C.P. Flared End Section with trash Rack Each 1 1.04Y Turf Establishment Acre 0.08 1.04Z Seeding Natural Area (Mesic Prairie Seed Mix Acre 0.93 1.04Z Seeding Natural Area (Emergent Zone Mix) Acre 0.38 1.04AA Trees (River Birch, minimum, 2" Dia.) Each 13 1.04TT Tree Protection Tube Each 13 1.04UU Shredded Hardwood Mulch C.Y. 3 1.04HH Removal of Existing Pond Water L.S. 1 1.04GG Traffic Control L.S. 1 TOTAL BASE BID — GRAND TOTAL OF BASE BID EXTENSIONS (in words) Dollars 4.02 Quantities are not guaranteed. Final payment will be based on actual quantities of work performed as determined by the Engineer in accordance with Article 9 of the General Conditions. ARTICLE 5 5.01 Bidder agrees that the entire Work will be substantially complete and completed and ready for final payment in accordance with Article 14 of the General Conditions within the number of calendar days, or by the date, provided in Article 8 of the Instructions to Bidders. • 5.02 Bidder accepts the provisions of the Contract Documents as to liquidated damages (Article 9 of the Instructions to Bidders) in the event of failure to complete the Work on time. 246541 00400-8 • ARTICLE 6 6.01 Bid Security meeting the requirements set forth in the Instruction to Bidders is attached to and made a condition of this Bid. ARTICLE 7 7.01 Bidder understands and agrees that Owner reserves the right to reject any or all Bids and to waive formalities. It is further understood and agreed that this Bid may not be withdrawn within forty-five (45) calendar days following opening of Bids. ARTICLE 8 8.01 The terms used in this Bid which are defined in the other Contract Documents have the meanings assigned to them in the Contract Documents. • ARTICLE 9 9.01 Communications concerning this Bid shall be addressed to the address of Bidder indicated below. THIS BID IS SUBMITTED BY: Firm Name: M Title: Official Address: Phone: Federal Tax I.D. No.: • Date: 246541 00400-9 C� Form of Agreement n u E 0 FORM OF AGREEMENT LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MINNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT THIS AGREEMENT is by and between Rilev-Pur¢atorv-Bluff Creek Watershed District (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 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Lake Riley/Rice Marsh Lake Water Quality Improvements, Chanhassen, Eden Prairie, Minnesota. The Work is generally described in Division 1 (General Requirements) of the Technical Specifications. The Work to be provided under the Contract Documents may be the whole or only a part of the total construction for the Project Article 2. ENGINEER 2.01 The Project has been designed by Engineer (defined in the Supplementary Conditions) and • Engineer is to act as Owner's representative, assume all duties and responsibilities and have the limited rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. The duties and responsibilities and rights and authority of Engineer can not be extended without written consent of Owner and Engineer. • Article 3. CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Dates of Substantial Completion and Final Payment A. The number of calendar days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Times) are set forth in the Instructions to Bidders except as may be stated below: No exceptions. 246542 00500-1 3.03 Liquidated Damages A. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times referred to or specified in paragraph 3.02.A above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Owner reserves the right to assess Contractor and Contractor agrees to pay liquidated damages as provided in the Instructions to Bidders. Article 4. CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work, all as Unit Price Work, in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and 4.0l.0 below. A. For all Unit Price Work including lump sum units, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item as determined by Engineer as provided in paragraph 9.10 of the General Conditions. The established unit price shall be as set forth in the Bid Form except as may be stated below or adjusted by Modification to this Agreement. No exceptions. B. The initial or estimated Contract Price as determined by the sum of the established unit price for each item of Work times the estimated quantity of that item as set forth in the Bid Form is: $ (U.S. dollars) (using words) C. As provided in paragraph 11.03.A of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.08 of the General Conditions and such determinations by Engineer will be used to compute the final Contract Price. Contractor acknowledges that unit prices as set forth above, in the Bid Form, and in Modifications have been or will be computed as provided in paragraph 11.03.13 of the General Conditions. Article 5. PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as may be modified by the Supplementary Conditions. 5.02 Progress Payments; Retainage A. Contractor's Applications for Payment will be processed by Engineer as provided in the General • Conditions as may be modified by the Supplementary Conditions. Retainage on account of progress payments will be as provided for in the Instructions to Bidders. 246542 00500-2 5.03 Final Payment A. Final payment will be prepared and paid in accordance with paragraph 14.07 of the General Conditions. Article 6. INTEREST 6.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at a maximum rate equal to the sum of the prevailing "Prime Rate" in the geographical area of the Project plus 2 percent (2%). Article 7. CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents including all Addenda and the other related data identified in the Bidding Documents including "technical data." B. Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or funrisbing of the Work. C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations • that may affect cost, progress, performance or famishing of the Work. D. Contractor makes all representations, previously made as Bidder, upon signing and submitting the Bid Form as though fully repeated herein. F-IL E. Contractor is aware of the general nature of the work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports, and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work are listed in the Instructions to Bidders which are, with the exception of the Specifications, more specifically identified in the heading or title block as "Lake Riley/Rice Marsh Lake 246542 00500-3 • Water Quality Improvements, Chanhassen, Eden Prairie, Minnesota" and, except for Modifications and this Agreement, are attached to this Agreement. B. Written Amendments, Modifications, Change Orders, and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.04 of the General Conditions as modified by the Supplementary Conditions shall become attached to this Agreement on the effective date of such document. C. There are no Contract Documents other than those identified above in this Article 8. Beginning on the Effective Date of this Agreement the Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.04 of the General Conditions as modified by the Supplementary Conditions. Article 9. MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement which are defined in the General Conditions have the meanings assigned to them in the General Conditions except as modified by the Supplementary Conditions. B. Terms used in this Agreement which are defined in the Contract Documents have the meanings assigned to them in the Contract Documents. 9.02 Assignment of Contract is A. 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. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Other Provisions • A. This Agreement shall be governed by the laws of the State of Minnesota. B. There are no other provisions. 246542 00500-4 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, initialed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). Owner: Contractor: By: By: [CORPORATE SEAL] [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. If Owner is a corporation, attach evidence of authority to sign.) • Designated Representative (if other than Engineer): Name Title: Address: Phone: Facsimile: Attest Address for giving notice License No. Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign). Designated Representative (if different from above): Name: Title: Address: Phone: Facsimile: 246542 00500-5 • Conditions 246498 • • • 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 Law, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AM National Society of ��� American Society A E C Professional Engineers of Civil Engineers n.,eFi— Coo.nL OF r„��.e�.�� co.r— Professionai Engineers in mate Practice PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America m. creauo anlJ S"Mo v t" ol15 a tw Bun EmVotmunl Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. - Copyright ® 2002 National Society of Professional Engineers for EJCDC. A0 rights reserved. Wan-1 • • Copyright 02002 National Society of professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 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 EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, we Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). RICDC C.700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. • TABLE OF CONTENTS Page ARTICLE 1- DEFINITIONS AND TERMINOLOGY ............................................................................_.................................. 1.01 Defined Terms................................................................._................................................................_.....................6 8 1.02 Terminology....._ .................... .. ......... .. ............. ................. ARTICLE2 - PRELD DNARY MATTERS................................................................................................._.............................9 2.01 Delivery of Bonds and Evidence of Insurance............................................................................................._..........9 2.02 Copies of Documents .................................................... ..........................................._........................_.....................9 2.03 Commencement of Contract Tunes; Notice to Proceed............................................................................................9 2.04 Starting the Work.....................................................................................................................................................9 2.05 Before Starting Construction......................................................................................................................._..........9 2.06 Preconstruction Conference.....................................................................................................................................9 2.07 Initial Acceptance of Schedules................................................................................................................................9 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE.......................................................................10 10 3.01 Intent........................................................._........................................................................................................... 10 3.02 Reference Standards.......................................................... _................................................................................... Resolving Discrepancies 3.03 Reporting and ................................................................................................................10 3.04 Amending and Supplementing Contract Documents..............................................................................................11 3.05 Reuse of Documents...............................................................................................................................................11 I 3.06 Electronic Data......................................................................................................................................................I ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................11 4.01 Availability of lands..............................................................................................................................................11 4.02 Subsurface and Physical Conditions......................................................................................................................12 4.03 Differing Subsurface or Physical Conditions... ...................................................................................................... 12 • 4.04 Underground Facilities........................................................................................................................._...............13 4.05 Reference Points................................................................................................._..........................................._.....13 Site 4.06 Hazardous Environmental Condition at ..........................................................................................................13 ARTICLE5 - BONDS AND INSURANCE..................................................................._.........................................._..............14 5.01 Performance. Payment. and Other Bonds .................................................. .................. _....................................... 14 5.02 Licensed Sureties and Insurers ..............................................................................................................................15 5.03 Certificates of Insurance........................................................................................................................................15 15 5.04 Contractor's Liability Insurance ........... _........................................ _........... _............................. ........................... 5.05 Owner's Liability Insurance.._...................................................................._........_...............................................16 5.06 Property Insurance............. _......... .................................................................................._................_..........._...16 17 5.07 WaiverofRights.............................................................................. .... ......... _......._................ 5.08 Receipt and Application of Insurance Proceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 5.10 Partial Utilization. Acknowledgment of Property Insurer ................................................ _................................... 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES............................................................ _............................. .............. 18 6.01 Supervision and Superintendence............................................... _...................................... ................................... 18 6.02 Labor, Working Hours.............................................................................................................................._...........19 6.03 Services. Materials. and Equipment.......................................................................................................................18 18 6.04 Progress Schedule........................................................... _.................................. ............... .................................... 6.05 Substitutes and"Or-Equals".................................................................................................................................19 6.06 Concerning Subcontractors. Suppliers. and Others...............................................................................................20 6.07 Patent Fees and Royalties......................................................................................................................................21 6.08 Permits........................................................ ............................ ...................................21 6.09 Laws and Regulations.............................._................................................................................................_...........21 6.10 Taxes......................................................................................................................................................................22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents..............................................................................._...............................................................22 • 6.13 6.14 Safety and Protection............................................................................................................................................22 Safety Representative.............................................................................................................................................23 6.15 Hazard Communication Programs........................................................................................................................23 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 02oo2 National Society of Professional Engineers for EJCDC. All rights reserved. mmmn - a 6.16 Emergencies..................................................................._........................................_...................._.......................... 6.17 Shop Drawings and Samples..................................................................................................................................23 6.18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Guarantee....................................................................................................24 . 6.20 Indemnification......................................................................................................................................................?A 25 621 Delegation of Professional Design Services ............................ _.................................. ......... .......................... ..... ARTICLE7 - OTHER WORK AT THE SITE................................................................................_....................................._25 25 7.01 Related Work at Site ................................... »..................................................... ..................... .............................. 7.02 Coordination..........................................................................................................................................................26 7.03 Legal Relationships............................................................................................................................................... 6 ARTICLE 8 - OWNER'S RESPONSIBILITIES TIES......................................................................................................................26 8.01 Communications to Contractor............................................................................................................................. 6 8.02 Replacement of Engineer....................................................................................................................................... 26 9.03 Furnish Data .................................... ............................................. _.... ........... .._..................................................� 8.04 Pay When Due........................................................................................._........._................................................. 9.05 Lands and Easements, Reports and Tests............................................................................._..............................26 8.06 Insurance........................................................................................................................................................._.....26 8.07 Change Orders.......................................................................................................................................................26 8.08 Inspections. Tests. and Approvals..........................................................................................................................26 8.09 Limitations on Owner's Responsibilities................................................................................................................27 8.10 Undisclosed Hazardous Environmental Condition...............................................................................................27 8.11 ... Evidence of Financial Arrangements..................................................................................................................27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCIION..................................................................__...............27 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site............................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Work...............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinationsfor Unit Price Work....................................................................................................:................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work..................................................28 • 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work............................................................................................................................28 10.02 Unauthorized Changes in the Work ........ ....................................................................... ...................................... 29 10.03 Execution of Change Orders ......................................... _.......................... ........ ..................................................... 29 10.04 Notification to Sure ................................29 29 10.05 Claims ................................ ......... .... ......... _............................................................. .............................................. ARTICLE I1- COST OF THE WORK. ALLOWANCES; UNIT PRICE WORK _........ ......................................................30 11.01 Cost of the Work.....................................................................................................................................................30 11.02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work..........................................................................................._........................................................31 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TAMES....................................................32 12.01 Change of Contract Price.....................................................................................................................................32 12.02 Change of Contract Times .............. ......................................................... ................ .... ....... _...............................33 12.03 Delays......................................................................................................................................................_............33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ....... 33 13.01 Notice of Defects...................................................................................................................................................33 13.02 Access to Work.......................................................................................................................................................33 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work .............. .............................................................. _._................ work .................................. 34 •••• ......................... -•••--34 13.06 Correction or Removal of Defective ............ _....................................... 13.07 Correction Period................................................................................................................_........................._......34 13.08 Acceptance of Defective Work................................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION...............................................................................36 14.01 Schedule of Values........................_......................................................................_..................36 36 14.02 Progress Payments ............................. ......._..................................... _... ........................ ....._................................ 37 • 14.03 Contractor's Warranty of Title............................................................. ............................... ..... _........................... 14.04 Substantial Completion..........................................................................................................................................37 E7CDC C-7oo Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights omnn.a reserved. 14.05 Partial Utilization.................................................................................................................................................38 14.06 Final Inspection..................................................................................................................................I................. 14.07 Final Payment.......................................................................................................................................................39 • 14.09 Final Completion Delayed..........................................................................................._........................................39 14.09 Waiver of Claims....................................................................................................................................................39 ARTICLE 15 - SUSPENSION OF WORK AND TERM NATION.........................................................................................39 15.01 Owner May Suspend Work..................................................................._.._............................................................39 15.02 Owner May Terminatefor Cause ............... ...........39 ................................................................................................. 15.03 Owner May Terminate For Convenience...............................................................................................................40 15.04 Contractor May Stop Work or Terminate..............................................................................................................40 ARTICLE16 - DISPUTE RESOLUTION............................................................................................................................. 16.01 Methods and Procedures ......... _.............................................................................................................................41 ARTICLE17 - MISCELLANEOUS ................................................................................................................ ........................Al 17.01 Giving Notice................................................................................_........_.............................._._..........................41 17.02 Computation of Times............................................................................................................................................41 17.03 Cumulative Remedies.............................................................................................................................................41 17.04 Survival of Obligations..................................................................................... .....................................................41 17.05 Controlling law....................................................................................................................................................Al 17.06 Headings ........................ ............................................................ . ..........................................................................41 `J • EJCDC C-70D Standard General Conditions of the Construction uOnmm Copyright ® 2002 National Society of Professional Engineers for EICDC. All rights reserved. 00700 - 5 • • GENERAL CONDITIONS ARTICLE I - 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. Apptication 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. 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's 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, (ii) achieve Substantial Completion; and (iii) com- plete 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 1 LOLA 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--Tbe 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. EJCDC C-700 Standard General Conditions of the Construction ContracL Copyright 0 2002 National Society of professional Engineers for EJCDC. All rights reserved. 00700 - 6 • 0 • 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. The General Requirements pertain to all sections 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 in connection with the Work. 23. Hazardous Waste --The tern 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. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Uens--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 comple- tion 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 Con- tract 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 pact 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 nucle- ar, 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. Related Entity — An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 38. 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. 39. 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. 40. 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. 41. 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. 42. Site --.ands or arras 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. 43. 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 EjCDC C-700 Standard General Conditions of the Construction Contract Copyright 02002 National Society of Professional Engineers for FJCDC. Aa rights reserved. 00700.7 • 0 administrative requirements and procedural matters applicable thereto. 44. 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. 45. 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. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, 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 any Subcontractor. 49. 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. 50. Unit Price Work —Work to be paid for on the basis of unit prices. 51. 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 construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. 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 following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following 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 requirements of and information in the Contract Documents and conformance with the design concept of the completed 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 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). EICfK C-700 Standard General Conditions of the Construction ContML Copyright ® 2002 National Sodety of Professional Engineers for FJCDC. All rights reserved. rar[na - 9 • • • E. Furnish, Install, Perform, Provide 1. The word "ftmish," 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 "Pro- vide!' 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 Docu- ments, words or phrases which 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 of Insurance 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 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 Agreement In no event will the Contract Times com- mence 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 ran. No Work shall be done at the Site prior to the date on which the Contract Times commence to ran. 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 subdi- vides 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 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. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be A. The Contract Times will commence to ran on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions or the Constrncdon Contract. copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. C] • C� 1. 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended 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 Regula- tions 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, tion, manual or code, or any instruction of a 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, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility 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 may discover 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 any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, 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, ambigu- ity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known 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, code, or instruction (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 EJCDC C-700 Standard Cenral Conditions of the construction Contract. Copyright m 2002 National Society of Professional Engineers for E1CDC. All rights reserved. 0n700-10 • • • (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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. 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. Engineers written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer's consultants, including electronic media editions; or 2. reuse any of 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 adaption by Engineer. B. The prohibition 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. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or 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 males 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. ARTICLE 4 - AVAU AB1IM 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 tide 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. EICDC C-700 Standard General Conditions of the Construction ContracL Copyright 02002 National Society of Professional Engineers for FJCDC. All rights reserved. r1 LJ • • 4.02 Subsurface and Physical Conditions A. Reports and Drawings. The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities with respect to: 1. 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. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsur- face or physical condition at or contiguous to the Site 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 connec- tion 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 requited by Paragraph 4.03A, 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 4.03A; 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, explo- ration, test, or study of the Site and 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 EJCDC C-700 Standard General Uannmana a me wuna "•.•• Copyright 0 2002 National society of Professional Engineers for EJCDC. All rights reserved. 00700-12 • • • 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, Owner and Engineer, and any of their Related Entities 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. 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 Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; 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 d. the safety and protection of all such Under- ground 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 6.16A), identify the owner of such Underground Facility and give written notice to that _.._� --A .., n." end Rnoin"r Anpineer 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 consequences of the existence or location of the Under- ground 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. 4.05 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. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general 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 Related Entities with respect to: EICDC C-700 Standard General Conditions or me wnsvucum wn,cac,. Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved 11 1. 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. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed 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. 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 to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) 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 stop- page 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. 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 harmless Contractor, Subcontractors, and Engineer, and the officers, directors. 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 responsible. Nothing in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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, 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 F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National society of Professional Engineers for EJCDC. Ali rights reserved. • • in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish 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 current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Compa- nies' 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 must be accompanied by a certified copy of the agent's authority to act 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 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 Cert#iieates of Insurance A. Contractor shall deliver to Owner, with copies to each additional insured 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 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. 5.04 Contractor's Liability Insurance A. Contractor shall purchase and maintain such liability and other 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 sus- tained: 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 5.04A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, 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; E3CDC Cm)o Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of Professional Engineers for FJCDC. A0 rights reserved r L_J C� J • 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20; 5. 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 furnished by the Contractor pursuant to Paragraph 5.03 will so provide); 6. 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 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment a. Contractor shall furnish Owner and each other additional insured identified in the Supple- mentary 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. 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 Supple- mentary 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: 1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, 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 an insured or additional insured; 2. be written on a Builder's Risk "all-risk' or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, 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 caused by flood) and such other perils or causes of loss as may be specifi- cally 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; Owner; S. allow for partial utilization of the Work by 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 additional insured to whom a certificate of insurance has been issued. B. Owner shall purchase and maintain such boiler and machinery 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, 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 an insured or additional insured. C. All the policies of insurance (and the certifi- cates or other evidence thereof) required to be purchased and maintained in accordance with 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 additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor- dance 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 E,1CDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for PJCDC. AD rights reserved. nn7nn. 16 _ - C i • deductible amounts that are identified in the Supple- mentary 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 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. 5.07 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 Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, 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 to be listed as insured or additional insured (and the officers, directors, 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. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for: 1, loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owners 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 5.073 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, partners, employees, agents, consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance 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 insureds, 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 PJCDC C-700 Standard General Conditions of the Constrnctlon Convect. Copyright ® 2002 National Society of Professional Engineers for FJCDC. Ali rights reserved. 00700-17 • 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 2.013. 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 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 partys 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 superin- tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor. 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 Docu- ments. Contractor shall at all times maintain good disci- pline 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. 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. EJCDC C-700 Standard General Conditions of the Construction Cm"CL Copyright ® 2002 National Society of professional Engineers for EJCDC. All rights reserved. nr[nn. is 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 adjust- ments will comply with any provisions of the General Re- quirements 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. 1. "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 for approval of proposed substitute items. For the purposes of this Paragraph 6.05A.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, 3) it has a proven record of performance and availability of responsive service; and 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 6.05A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that 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 in 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 furnish or use. The application: 1) shall certify that the proposed substi- tute 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; 2) will state: a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (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 E.ICDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 c) whether or not incorporation or use of the proposed substitute item in con- nection 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; i 4) and shall contain an itemized esti- mate 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 Proce- dures: 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 furnish 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 either a Change Order for a substitute or 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 6.05-4-2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of 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 Subcon- tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.063), 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 fumish 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 he revoked on the basis of reason- able 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 consti- tute 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 acts 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 anything in the Contract Documents 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 EJCDC C•700 Standard Geoeral Conditions of the Construction ControcL Copyright 0 20M National Society of professional Engineers for EJCDC. All rights reserved. • • • 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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 an additional insured 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, and Engineer„ and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, 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 if 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, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, 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 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 not specified in the Contract Documents. 6.09 Permits A. Unless otherwise provided in the Supple- mentary 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 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble 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 primary 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. FJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of proressional Engineers for RICDC. Ail rights reserved. m7m. 71 • • 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 equip- ment, 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 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, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not Hurdled 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 com- pletion of the Work Contractor shall remove from 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 Engi- neer for Owner. 6.13 Safely and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, 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. 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 Draw- EJCDC C-70D Standard General Conditions of the Construction Contract - Copyright ® 2002 National Society orprofessional Engineers for EJCDC. All rights reserved. 00700.22 • • U ings or Specifications or to the acts or omissions of Owner or Engineer or , 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). D. Contractors 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.B 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. 6.15 Hazard Communication Programs A. Contractor shall be responsible for coordi- nating 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 protec- tion 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 accor- dance with the acceptable 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. Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. 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 6.171). 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. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have 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. 2. Each submittal shall bear a stamp or speck written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700-23 1J r1 U u 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 Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted 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 Docu- ments. 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 con- struction 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 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 cor- rected 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. 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 Related Entities 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. abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub- contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractors 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: 1. 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 acceptabil- ity by Engineer, 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, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or FJCDC C-700 Standard General Conditions of the Contruction Contract Copyright ® 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700 - 24 r 1 LJ • 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 respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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 may be liable, the indemnification obligation under Paragraph 620.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, 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. 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 621, 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.I. 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 Owners employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract 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 B. If professional design services or and Owner, if Owner is performing other work with certifications by a design professional related to systems, Owner's employees, proper and safe access to the Site, a materials or equipment are specifically required of reasonable opportunity for the introduction and storage of Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs. that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the such services or certifications to be provided by a Work that may be required to properly connect or properly licensed professional, whose signature and seal otherwise make its several parts come together and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society or professional Engineers for EJCDC. All rights reserved. 00700.25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter • their work with the written consent of Engineer and the others whose work will be 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 Contractors 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 Condi- tions: 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 responsibili- ties 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 TOM and 7.02 are not applicable for utilities not under the control of Owner. • B. Each other direct contract of Owner under Paragraph 7.01.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 actions or inactions. C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractors 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. 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 in respect of 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 in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents. 8.06 Insurance A. Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance 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 in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.13. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved. • • rJ 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. 8.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer- 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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 Engineers visits or observations of Contractors 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. 9.03 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. 9.04 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 Docu- ments. 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. 9.05 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved 00700 - 27 0 9.06 Shop Drawings, Change Orders and Payments partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see 9.09 Limitations on Engineer's Authority and Paragraph 6.17. Responsibilities 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. 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 believe 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.B. 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 respon- sible for Contractor's failure to perform the Work in accordance with the Contract Documents. 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 14.07A will only be to determine generally that their content complies with the require- ments of, 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work C. Engineer's written decision on the issue referred will be final and binding on Owner and A. Without invalidating the Contract and without Contractor, subject to the provisions of Paragraph 10.05. notice to any surety. Owner may, at any time or from time to time, order additions, deletions, or revisions in the D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive. under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall EJCDC C-700 Standard General Conditions of the Construction CootracL Copyright ® 2002 National society of Professional Engineers for EJCDC. All rights reserved. 00700.28 0 0 • 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 13.043. 10.03 Execution of Change Orders A. Owner and Contractor shall execute appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii) required because of acceptance of defective Work under Paragraph 13.09A 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 6.18A. 10.04 Notification to Surety A. If notice 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) is required by the provisions of any bond to be given to a surety, 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 Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. 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). 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. EJCDC C-700 Standard General Conditions or the Construction Contract. Copyright ® 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 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 11.0l.B, 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 include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.13. 1. 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 at the Site. 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. 2. Cost of all materials and equipment furnished 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 pay- ments, 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 mainte- nance, 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 perfor- mance 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 equip- ment 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, 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 property insurance established in accordance with Paragraph 5.06.13), provided such losses and damages have EICDC C-700 Standard General Conditions or the Construction Contract Copyright 0 2002 National Society of Professional Engineers for BICDC. All rights reserved. 00700-30 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, expresses, 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, attor- neys, 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.O1A.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 I LOLA and 11.01.13. 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. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs I LOLA and I1.OI.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 Allowances 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 Allowance 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. E3CDC C-700 Standard General Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for PJCDC. A0 rights reserved. 00700-31 • 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. 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 signifi- cantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect 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 applica- tion 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 12.0I.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.1 and I1.0l.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent; 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 Paragraph 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.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, 11.0l.A5, 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 L 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 12.0I.C.2.a through 12.01.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 EJCDC C-700 Standard reaeml Conditions of the Construction Contract. Copyright 0 2002 National Society of professional Eopneers for EJCDC. All rights reserved. • F by the party making the Claim to the Engineer and the other patty 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 12.02A. 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 contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. H 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. 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 Tithes, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractors sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them 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 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. All 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, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site 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; 2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.043 shall be paid as provided in said Paragraph 13.04.C; and 3. as otherwise specifically provided in the Con- tract 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with • and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to E,ICDC C-70o Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. AD rights reserved 00700 - 33 0 0 J 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, it must, if requested by Engineer, be uncovered 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 Tithes, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the 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 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. FJCDC C-700 Standard Ceceral Conditions of the Construction Contract. Copyright 02002 National Society of Professional Engineer; for EICDC. All rights reserved. 00700 - 34 u 9 0 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 re- moved 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 ran 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. If, 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 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. 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 posses- sion 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 andremedies 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 provid- ed in Paragraph 2.07A will serve as the basis for progress EICDC C-700 Standard Ge tral Conditions of the Construction Contract Copyright 0 2002 National Society of Professional Engineers for EICUC. An rights reserved. payments and will be incorporated into a form of Applica- tion 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 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 ofApplieations 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 on the Site 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 indicat- ed; b. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.(Y7, and to 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 responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. that 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. 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 e. 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 if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.023.2. Engineer may also refuse to recommend any such payment or, because of subse- ouently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of professional Engineers for EICDC All rights reserved. 00700 - 36 • • 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 replace- ment; 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 furnish- ing of the Work; 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 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 corrects to Owner's satisfaction the reasons for such action. 3. If it is subsequently determined 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.1. 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. If, 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 certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) 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 recommen- dation 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of professional Engineers for EJCDC. All rights reserved. 00700 - 37 • n • 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 complete or correct items on the tentative list 14.05 Partial Utilization A. 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 condi- tions. 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 will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion 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 substan- tially 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 par 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. 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 1. 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.B.7; 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 14.07A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contactor that (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible 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 L 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 E]CDC C-700 Standard General Con(l'itions of the Construction Contract Copyright ® 2002 National Society of professional Engineers for E1CDC. Am rights reserved. 00700 - 38 L • • under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for 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, indicat- ing 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 docu- mentation, the amount recommended by Engineer, less any suit 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. If, 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 furnished 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. 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 adjust- ment 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 any one or more of the following events will justify termination for cause: 1. Contractors 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 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 FJCDC C-700 Standard General Conditions of the Construction Contract. Copyright 0 2002 National Society of professional Engineers for EJCDC. An rights reserved. • LJ 3. complete the Work as Owner may deem expedient. C. U 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 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 15.01C. Contractors 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 5.0LA, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.11, 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. If, 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, 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright O 2002 National Society of Professional Engineers for $(CDC. An rights reserved. 00700-40 • • • 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 their 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: 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 of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regula- tions, 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, 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. FJCDC 6700 Standard Genenl Conditions of the Com truction Contract. Copyright 0 2002 National Sodety of Professional Engineers for EJCDC. All rights reserved 00700-41 n U Supplementary Conditions 246498 . SUPPLEMENTARY CONDITIONS LAKE RILEYIRICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANHASSEN, EDEN PRAIRIE, MIlVNESOTA RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (ETCDC C-700, 2002 Edition) hereinafter referred to as the "General Conditions, and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions will have the meaning indicated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, or elsewhere in the Contract Documents, which are applicable to both the singular and plural thereof. SC-1.01.A.12 Delete the definition of Contract Documents in Paragraph 1.01.A.12 of the General Conditions in its entirety and insert the following in its place: Contract Documents - The items which comprise the Contract Documents are set forth in the Instructions to Bidders. Only printed or hard copies of the items listed are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by Owner or Engineer to Contractor are not Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of • subsurface and physical conditions are not Contract Documents. SC-1.01.A.19 Delete the definition of Engineer in Paragraph 1.OIA.19 of the General Conditions in its entirety and insert the following in its place: Engineer - Barr Engineering Co., 4700 West 77th Street, Edina, Minnesota, 55435 (Phone: 952-832-2600; Fax: 952-832-2601). Engineer may designate an employee to serve as Project Engineer. This designation can be changed upon written notification to Contractor. All correspondence to or through Engineer shall be directed to the attention of the designated Project Engineer. SC-1.01.A.29 Delete the definition of Owner in Paragraph 1.01.A.29 of the General Conditions in its entirety and insert the following in its place: Owner — Riley -Purgatory -Bluff Creek Watershed District with whom Contractor has entered into the Agreement and for whom the Work is to be provided. SC-1.01.A.53 Add the following defined terms to Paragraph LOLA of the General Conditions: 53. Bid Proposal, Bid Form, Bid Proposal Form - The prescribed form on which bidder submits bidder's offer or proposal setting forth the bidders prices for the Work to be performed. 54. Field Memorandum -A written statement issued by Engineer which clarifies or • interprets the Contract Documents in accordance with Paragraph 9.04 of the General Conditions. 246543 00800-1 • 55. General Conditions - Standard General Conditions of the Construction Contract (EJCDC C-700, 2002 Edition). Any reference to the General Conditions shall also be a reference to the Supplementary Conditions. 56. Contract Modification - a) a Change Order or b) a Field Order. A modification may only be issued after execution of the Agreement. 57. Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, poles or other such facilities or attachments and supports, and any encasements containing such facilities which have been installed above or underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 58. As Specified, as specified - In accordance with the requirements of the Contract Documents. 59. Technical Specifications — The Specifications. and as so amended, Paragraph 1.01 remains in effect. SC-2.013 Delete Paragraph 2.013 of the General Conditions in its entirety and insert the following in its place: Evidence of Insurance: Before any Work at the Site is started, Contractor shall deliver to • Owner, with a copies to Engineer, certificates of insurance including copies of endorsements required by Contract Documents (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with the Agreement and Article 5 of the General Conditions. SC-2.02.A Delete Paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: Owner shall furnish Contractor up to five copies of the Contract Documents. Additional copies will be furnished upon request at the Owner's cost of reproduction. SC-2.03.A Delete Paragraph 2.03.A of the General Conditions in its entirety and insert the following in its place: The Contract Time will commence to run on the day indicated in the Notice to Proceed. Contractor's failure to proceed immediately with the performance of the Work shall not be justification for Contractor to make a claim for an adjustment of the Contract Time or a change in the Contract Price and shall be deemed to be a delay within Contractor's control under Paragraph 12.03.E of the General Conditions. SC-2.08 Add the following Paragraph after Paragraph 2.07.A.3: 2.08 Progress Meetings 0 A. Contractor shall attend progress meetings as required by the Technical Specifications. 246543 00800-2 • SC-3.01.A Delete Paragraph 3.01.A of the General Conditions in its entirety and insert the following in its place: The Contract Documents are intended to be complementary; what is called for by one is as binding as if called for by all_ However, in the case of a discrepancy in the documents, the order of precedence for the documents shall be as follows (provisions of the documents listed first below shall control over the provisions of a document listed later): a. Change Orders, Work Change Directives, Field Orders b. Agreement c. Purchase Order or similar document (if applicable) d. Notice to Proceed e. Addenda f. Field Memorandums g. Bid Form h. Instructions to Bidders i. Specifications j. Drawings k. Supplementary Conditions 1. General Conditions m. Any standard plans or standard specifications n. Bonds. 46 SC-3.01.11 Add the following language immediately after the second sentence of Paragraph 3.01.B of the General Conditions: Any item or items shown on the Drawings or described in the Specifications, but not specifically included in any of the unit prices, shall be considered incidental to the other work. and as so amended, Paragraph 3.01.13 remains in effect. SC-3.02.A.1 Add the following language following the last sentence of Paragraph 3.02.A.I of the General Conditions: If there is any conflict between the provisions of the Contract Documents and any such referenced provisions, such discrepancy shall be resolved by in accordance with Paragraph 3.03.13 of the General Conditions. and as so amended, Paragraph 3.02.A.1 remains in effect. 246543 00800-3 • SC-3.04.B.1 Delete the phrase"A Field Order;" from Paragraph 3.04.B.1 and insert the following in its place: A Field Order or Field Memorandum (pursuant to Paragraphs 9.04); and as so amended, Paragraph 3.04.B.1 remains in effect. SC-3.05.A.1 Delete the phrase "bearing the seal of Engineer' from Paragraph 3.05.A.1 of the General Conditions and insert the following phrase in its place: bearing the certification or seal of Engineer and as so amended, Paragraph 3.05.A.1 remains in effect. SC-3.06.11 Delete the last sentence in Paragraph 3.06.13 and insert the following in its place: Any errors detected within the 60 day acceptance period will be corrected by the transferring party except for those errors resulting from the use of software application package, operating systems, or computer hardware differing from those used by the data's creator. and as so amended, Paragraph 3.06.13 remains in effect. SC-4.0I.A Add the following after the first sentence of Paragraph 4.0 LA The construction limits as provided by Owner are shown on the Drawings except as may • be otherwise described in the Specifications. and as so amended, Paragraph 4.01.A remains in effect. SC-4.01.0 Delete Paragraph 4.01.0 of the General Conditions in its entirety and insert the following in its place: Contractor shall provide for all additional lands and access thereto that Contractor may require for performance of the Work, temporary construction facilities, or storage of materials and equipment. SC-4.02.A.1 Delete Paragraph 4.02.A.I of the General Conditions in its entirety and insert the following in its place: those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents and additional provisions related thereto are identified in the Instructions to Bidders; and SC-4.02.A2 Delete Paragraph 4.02.A.2 of the General Conditions in its entirety and insert the following in its place: those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities and Utilities) that Engineer has used in preparing the Contract Documents and additional provisions • relating thereto are identified in the Instructions for Bidders. 246543 00800-4 • SC-4.04.A Delete Paragraphs 4.04.A through 4.04.B.2 of the General Conditions in their entirety and insert the following in their place: Refer to the Instructions for Bidders for the provisions relating to Underground Facilities and Utilities. SC-5.0I.A Add the following sentence to the end of Paragraph 5.01.A of the General Conditions: Contractor shall furnish such additional Bonds as may be required by any permitting authority as a condition of any such permit. and as so amended, Paragraph 5.0I.A remains in effect SC-5.04.A Amend Paragraph 5.04.A of the General Conditions as follows: Add the following limits of liability and coverages to Paragraph 5.04 of the General Conditions: The CONTRACTOR and Subcontractors shall maintain insurance for Comprehensive Public Liability and Broad Form Property Damage, Comprehensive Automobile Public Liability and Property Damage, Contractual Liability, Completed Operations Liability and Explosion, Collapse and Underground Property Damage. The provisions must include coverage for Bodily Injury Liability which includes bodily injury claims from the CONTRACTOR's and Subcontractor's employees. Minimum coverage shall be as follows: • Workers Compensation: Statutory Employees Liability per Occurrence: as required by Laws and Regulations. Liability: Bodily Injury and $ 500,000 each occurrence Property Damage Combined $ 1,000,000 each aggregate Automobile Liability: Bodily Injury and $ 500,000 each occurrence Property Damage Combined $ 1,000,000 each accident Umbrella Access Liability: Bodily Injury and Property Damage Combined$ 1,000.000 each occurrence The above insurance shall include coverage for. Operations of the Contractor Operations of the Subcontractors Contractual liability coverage "Hold Harmless" agreement All owned vehicles All hired and non -owned vehicles • Elevators, if any. 2W43 00800-5 • Property damage liability coverage shall include: Damage due to blasting. Add six new Paragraphs to the end of Paragraph 5.04 of the General Conditions which read as follows: The insurance policy or policies required by this Paragraph 504 of the General Conditions shall include the interests of the Owner and the Engineer, all of whom shall be listed as insured or additional insured parties. The insurance required by this Paragraph 5.04 shall include policy or policies which afford coverage to damage to property of others arising out of the perils of explosion, collapse and damage to underground facilities. The policy or policies shall afford the same limits of liability as set forth in these Supplementary Conditions for liability assumed under the Contract. All responsibility for payment of any sums resulting from any deductible provision, corridor, or self -insured retention condition of the policy or policies shall remain with the Contractor. These insurance requirements are not to be construed as recommended or maximum amounts. Contractor is solely responsible for determining the appropriate limits of insurance coverage for injuries or damages resulting from the performance of the work under the Contract Documents. • Notwithstanding the availability of, or limits on, or deductible provisions in, any insurance provided by Contractor under this Section 5.04, Contractor shall defend, indemnify and hold harmless the Owner and Engineer from any and all claims or causes of action alleged to arise from or on account of acts or omissions of Contractor, its officers, employees, agents or subcontractors, in performing the work called for in the Contract Documents. Contractor shall furnish with the certificate(s) of insurance copies of all endorsements providing additional insured status of Owner and Engineer. and as so amended, Paragraph 5.04 remains in effect. SC-5.04.B.4 Modify Paragraph 5.04.B.4 of the General Conditions to read "...under Paragraphs 6.07.13, 6.11, and 6.20:" and as so amended, Paragraph 5.04.B.4 remains in effect. SC-5.06.A Delete Paragraphs 5.06.A through 5.06.A.7 of the General Conditions in their entirety and insert the following in their place: A. Contractor 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 Agreement or these Supplementary Conditions or required by Laws and Regulations). This insurance shall: 246543 00800-6 • 1. include the interests of Owner, Contractor, Subcontractors and Engineer, and the officers, directors, 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 an insured or additional insured; 2. be written on a Builders Risk "all-risk" or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils 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. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued; and 5. the Builders Risk Insurance required herein shall apply to projects involving construction of structures and building only. The requirements of this section shall be waived on projects involving only underground utilities, grading, street improvements and similar construction work, but any damage or loss to property shall be the sole responsibility of the Contractor until final acceptance of the work. • 6. The policies of insurance required to be purchased and maintained by Contractor in accordance with this Paragraph 5.6 shall 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, Engineer, and Contractor and to each other additional insured to whom a certificate of insurance has been issued. SC-5.06.E Delete Paragraph 5.06.13 of the General Conditions in its entirety and insert the following in its place: Contractor shall purchase and maintain boiler and machinery insurance affording the same limits of liability as set forth for liability assumed under the Agreement including contractual liability which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and the officers, directors, 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 an insured or additional insured. SC-5.06.1) Delete Paragraph 5.06.13 of the General Conditions in its entirety. SC-5.06.E Delete Paragraph 5.06.E of the General Conditions in its entirety. SC-6.02.B Delete Paragraph 6.02.13 of the General Conditions in its entirety. SC-6.08.A Delete the first sentence of Paragraph 6.08.A of the General Conditions and insert the • following sentence in its place: 246543 00800-7 • Unless otherwise specifically provided in the Specifications, Contractor shall obtain and pay for all permits and licenses required to perform the Work. and as so amended, Paragraph 6.08.A remains in effect. SC-6.13.1) Add the following Paragraphs 6.13.E through 6.13.J after the end of Paragraph 6.13.D of the General Conditions: E. The Contractor shall be solely and completely responsible for conditions on the job site, including safety of all persons and property during the performance of the Work. This requirement shall apply continuously and not be limited to normal work hours. F. Observation of the Contractors performance by Engineer is not intended to include review of the adequacy of the Contractors safety measures on or near the Site. G. The Contractor shall be responsible for furnishing the Contractors and any Subcontractors employees with all safety equipment, including but not limited to, hard hats, eye protection, respiratory protection equipment and all other protection devices needed to comply with Laws and Regulations or with accepted safety practices. The Contractor shall be responsible for any safety violation and/or fine that may occur because of any neglect by the Contractor, the Contractors employees or any third party. H The Contractor has responsibility for the design and safety of excavations. Engineer and Owner will not provide any excavation designs, nor should excavation designs be presumed to be contained in the Contract Documents. Engineer and Owner will not assist Contractor in • classifying soils or interpreting applicable regulations. I. No representation is made that the available subsurface information is suitable for excavation design or consistent with the soil classifications in OSHA Regulations for Excavations and Trenches (20 CFR Part 1926, Subpart B). J. Additional provisions regarding the Contractors responsibilities for health, safety and protection may be included in Division 1 (General Requirements) of the Technical Specifications. and as so amended, Paragraph 6.13 remains in effect. SC-6.17.A.2 In Paragraph 6.17.A.2 delete the phrase "...schedule of Shop Drawings and Sample Submittals" and insert the following in its place: "...Schedule of Submittals." and as so amended, Paragraph 6.17.A.2 remains in effect. SC-9.03.A Add the following Paragraphs after Paragraph 9.03.A of the General Conditions: B. The Resident Project Representative shall act as directed by and under the supervision of Engineer. The Resident Project Representative shall confer with the Engineer regarding the Resident Project Representative's actions. The Resident Project Representative's dealings in • matters pertaining to the on -site work will, in general, be only with Engineer and Contractor. 246543 00800-8 • The Resident Project Representative's dealings with Subcontractors will only be through or with the full knowledge of Contractor or the Contractor's superintendent. C. Limitations of Authority for the Resident Project Representative are as follows: 1. Cannot authorize deviation from the Contract Documents or approve any substitute material or equipment; 2. Cannot issue written clarification or interpretation of the requirements of the Contract Documents; 3. Cannot undertake or assume to fulfill any of the responsibilities of Engineer under the Contract Documents unless such is specifically called for in the Contract Documents; 4. Cannot undertake any of the responsibilities of Contractor, 5. Cannot expedite work for Contractor, 6. Cannot advise on or issue directions relative to any aspects of the means, methods, techniques, sequences or procedures of construction unless specifically called for in the Contract Documents; 7. Cannot advise on or issue directions as to health and safety precautions and programs in connection with the Work; and • 8. Is not a representative of the Owner. SC-9.05.A Delete Paragraph 9.05.A of the General Conditions in its entirety and insert the following in its place: A. Owner will disapprove or reject Work, based on Engineers written recommendations indicating the Work the Engineer believes to be defective and outlining the reasons Engineer believes cause the Work to be defective. Engineer will have the authority to require special inspection or testing of the Work Engineer believes to be defective, in accordance with the provisions of Paragraph 13.04 of the General Conditions, whether or not the Work in question is fabricated, installed, or completed. SC-10.05.13. Delete the last sentence of Paragraph 10.05.13. of the General Conditions and insert the following Paragraphs after Paragraph 10.05.B. of the General Conditions: 1. Engineer shall evaluate claim and prepare a formal written opinion regarding the claim a. This opinion shall be rendered within 30 days after claimant's last submittal except that Engineer may notify Owner and Contractor that reasonable additional time, up to 30 days, will be required to evaluate the claim b. This opinion shall be provided to Owner and Contractor. • c. If Engineer does not render the formal written opinion within the time stated in Paragraph a. above, a decision denying the Claim in its entirety shall be deemed to have been issued the day after the time stated expires. 246543 00800-9 • 2. Claimant shall allow opposing party a period of 30 days, after date of Engineer's written opinion is issued to accept or reject Engineer's opinions, or to request additional data from or further clarification of the issue by claimant, unless Engineer reasonably extends such period up to 30 additional days to conform to regularly scheduled meetings of public Owner's Board, Council, or Committee. a. If opposing party accepts or rejects Engineer's opinion, Engineer will issue formal decision regarding Claim in writing within 15 days after opposing parties' determination. b. If opposing party requests additional data from or further clarification of the issue by claimant, opposing party shall establish reasonable tentative date, within not less than 15 days nor more than 67 days, at which time Engineer's opinions and the additional data or further clarification requested will be reconsidered. Engineer will issue formal decision regarding Claim in writing within 15 days after the date of opposing parties reconsideration or if not reconsidered by the opposing party on the 68th after prior consideration by the opposing party. c. If Engineer does not render the formal written opinion within the time stated in Paragraphs a. or b. above, a decision denying the Claim in its entirety shall be deemed to have been issued the day after the time stated expires. SC-10.05.C. Delete Paragraph 10.05.C. of the General Conditions in its entirety. SC-10.05.D. Delete Paragraph 10.05D. of the General Conditions in its entirety. • SC-10.05.E Delete Paragraph 10.05.E of the General Conditions in its entirety and insert the following in its place: • E. Engineer's written action under Paragraph 10.05.B 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 final action or final denial in accordance with Paragraphs 10.05.B.1 and 10.05.B.2. and as so amended, Paragraph 10.05.E remains in effect. SC-11.01.A Delete Paragraphs I LOLA through 11.OI.A.S.i of the General Conditions in their entirety and insert the following in their place: A. The term Cost of the Work means the sum of all actual costs necessarily incurred and paid by the Contractor in the proper performance of the Work plus 15 percent (15%) for overhead and profit. The term "actual cost" shall cover the payroll expenses for the workers employed and supervision required to perform the work including salary, workers compensation, social security, pension and retirement allowances and other regular payroll charges. Also included in the actual cost will be the cost of additional insurance needs for this Work, the cost of all materials and supplies required of either temporary or permanent character including fuel and lubricants. 246543 00800-10 2. In addition to the Cost of the Work as outlined above, the Contractor will be paid for all power -driven equipment at a rate equal to 85 percent of the rate listed in the most recent edition of the "Rental Rate Bluebook" published by Neilson/Dataquest, Inc., to which there will be no percentage added for overhead or profit. The rates used for each piece of equipment used in the performance of the work will be based on the applicable monthly, weekly, daily or hourly rate which reflects the status of the particular piece of equipment on the project. All rates shall be subject to approval by the Engineer. 3. The cost of all such work done each day shall be submitted to the Engineer in satisfactory form on succeeding day and shall be approved by the Engineer or adjusted at once. SC-11.O1.0 Delete Paragraph I LOLC of the General Conditions in its entirety. SC-11.03.DDelete Paragraph 11.03.1) of the General Conditions in its entirety. SC-12.01.0 Delete Paragraph 12.0 LC of the General Conditions in its entirety. SC-13.02 Add the following Paragraph 13.02.13 to the end of Paragraph 13.02 of the General Conditions: B. Said access shall conform to all requirements of the regulatory agency or agencies who claim jurisdiction over the safety of the project site. Failure by the Contractor to provide safe access for the above parties will be a violation in a substantial way of the • provisions of the Contract Documents as provided for in Paragraph 15.02.A.4 of the General Conditions. SC-13.06.A Delete the phrase "rejected by Engineer" in Paragraph 13.06.A of the General Conditions and insert the following in its place: rejected by Owner and as so amended, Paragraph 13.06.A remains in effect. SC-13.09.A Delete Paragraph 13.09.A of the General Conditions in its entirety and insert the following sentence in its place: If Contractor fails within a reasonable time after written notice of Owner to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by Owner 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 provisions of the Contract Documents, Owner may, after seven 7 days written notice to Contractor, correct and remedy any such deficiency. SC-14.01.A Delete Paragraph KOLA of the General Conditions in its entirety and insert the following in its place: 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 246543 00800-11 acceptable to Owner. Progress payments on accounts of Unit Price Work will be based on the number of units completed. SC-14.02.A.1 Delete the first sentence in Paragraph 14.02.A.1 of the General Conditions in its entirety and insert the following sentence in its place: At least fifteen (15) Days before last Wednesday of each month (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment, on forms furnished by Engineer or otherwise acceptable to Engineer, 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. SC-14.02.A_3 Delete Paragraph 14.02.A.3 of the General Conditions in its entirety and insert the following in its place: The amount of retainage with respect to progress payments will be as stipulated in the Instructions to Bidders. SC-14.09.A.2 Delete Paragraph 14.09.A.2 of the General Conditions in its entirety and insert the following in its place: A waiver of all claims by Contractor against Owner and Engineer other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner and Engineer in writing as still unsettled. 246543 00800-12 0 Technical Specifications 0 0 Division 1 • • • General Requirements 246498 • DIVISION 1 - GENERAL REQUIREMENTS n U • 01110 Summary of Work 01145 Use of Premises 01270 Unit Price Measurement and Payment 01313 Project Meetings 01330 Submittal Procedures 01350 Special Procedures 01501 Safety 01551 Access Road and Parking 01555 Traffic Control 01770 Closeout Procedures 01780 Project Record Documents 01110-1 01145-1 01270-1 01313-1 01330-1 01350-1 01501-1 01551-1 01555-1 01770-1 01780-1 246498 • SECTION 01110 SUMMARY OF WORK PARTI:GENERAL 1.01 CONTRACT DOCUMENTS A. The Contract Documents are as defined in the Instructions to Bidders and the Agreement. The terms of the Contract Documents apply to these Specifications as fully as though repeated herein. B. The format of these Specifications is based upon the CSI MASTERFORMAT (1995 Edition), however differences in format and subject matter location do exist. It is the Contractor's sole responsibility to thoroughly read and understand these Specifications and request written clarification of those portions which are unclear. C. Division of the Work as made in these Contract Documents is for the purpose of specifying and describing work which is to be completed. There has been no attempt to make a classification according to trade or agreements which may exist between Contractor, Subcontractors, or trade unions or other organizations. Such division and classification of the Work shall be the Contractor's sole responsibility. 1.02 EXISTING SITE CONDITIONS AND USES • A. The project sites are in the Cities of Chanhassen and Eden Prairie on lands owned by the Cities or on lands on which the Cities have the right of access for purposes of constructing storm water facilities, trail, appurtenances and park amenities. Property outside the identified easements is private property. 1.03 WORK COVERED BY CONTRACT DOCUMENTS A. The overall scope of the Work which is more fully described in these Contract Documents includes, but is not necessarily limited to, famishing all labor, tools, equipment, and materials necessary to: 1. Mobilize and demobilize labor, equipment, materials, and temporary facilities. 2. Control surface water and groundwater as necessary to construct the Work. 3. Install, maintain, and remove erosion control measures including silt fence, siltation socks, erosion control temporary ground cover, inlet protection, and erosion control construction entrances. 4. Perform site preparation including clearing and grubbing. 5. Perform dredging of existing detention basin. 6. Construct filtration sock pond edgings. 7. Perform earthwork for ponds, trails, appurtenances, and utilities. 8. Removal and replacement of existing storm drain inlets and pond outlets. 9. Construct storm sewer systems. 10. Construct geotextile fabric and rip rap at structures and other locations. 11. Modify existing storm drain structures. • 12. Construct split rail fencing. 246500 01110-1 13. Remove and replace selected portions of existing trail. • 14. Repair selected portions of existing trail. 15. Contouring and preparing sites for landscaping. 16. Seeding and planting wetland and upland areas. 17. Planting shrubs and trees. 18. Special maintenance of selected planting areas. B. It is the intent of the Contract Documents to cover all aspects of the Project. Should there be some item or items not shown on the Contract Drawings or not described in these Specifications which are required for the Work, those items and the furnishing of all labor, materials, and equipment shall be considered incidental to the Work and no additional compensation will be provided. C. The Work includes the famishing of all labor, equipment, tools, machinery, materials, and other items required for the construction of a complete project as specified. Equipment furnished shall be in safe operating condition and of adequate size, capacity, and condition for the performance of the Work Contractor shall perform all construction surveys, obtain all measurements necessary for the Work, and shall be responsible for establishing all dimensions, levels, and layout of the Work. D. Contractor shall be solely responsible for the coordination of its activities with regard to the Project and the activities of Subcontractors and Owner. 1.04. WORK BY OWNER • A. Owner will provide benchmark and site coordinate information necessary for construction of the Work. Once provided, it is Contractor's responsibility to protect the information in accordance with paragraph 1.06E of this Section. Contractor shall request such information from Owner a minimum of five days prior to the time when such information is needed. CJ B. The OWNER shall obtain the necessary permits from the Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, and NPDES Construction Permit from the Minnesota Pollution Control Agency for work within the project site. The Contractor shall obtain all other permits that may be required. Owner will also obtain any applicable Watershed District permit. C. Owner shall provide survey control points necessary to perform the Work. Owner will not provide any other construction staking needed to execute the Work. 1.05 OWNER FURNISHED PRODUCTS A. Owner will not furnish any products for this Project. 1.06 SPECIAL REQUIREMENTS A. Definition of Site: The Site is defined as the area within the construction limits as defined in the Drawings and in these Specifications. 246500 01110-2 B. Hours of Operation: Contractor's operations shall be limited to the hours of 7:00 am to 7:00 pm (Central Standard Time or Central Daylight Time), Monday through Saturday, unless prior • arrangements are made with Owner and City or unless Laws and Regulations further restrict hours of operation. C. Protection and Repair of Existing Facilities and Utilities: Contractor shall perform operations carefully and in such a manner as to protect existing structures, Underground Facilities, and Utilities. Obstructions not shown on the Drawings may exist and shall be exposed by Contractor without damage. Contractor shall be responsible for damage to existing structure, Underground Facilities, and Utilities resulting from Contractor's operations, and shall repair or replace damaged items to Owner's satisfaction. D. Unfavorable Construction Conditions: When unfavorable weather, soil, drainage, or other unsuitable construction conditions exist, Contractor shall confine operations to work which will not be adversely affected by such conditions. No portion of the Work shall be constructed under conditions which would adversely affect the quality of the Work, unless special means or precautions are taken to perform the Work in a proper and satisfactory manner. E. Survey Markers: Contractor shall conduct operations so as to preserve benchmarks, survey reference points, and stakes existing or established by Owner for the construction. Contractor will be charged the expense of repairing or replacing survey markers and shall be responsible for mistakes or lost time that results due to damage or destruction of survey markers due to Contractor's operations. 1.07 SEQUENCE OF WORK • A. Work shall commence as indicated in the Instructions to Bidders and shall be completed on or before the dates indicated in the Instructions to Bidders. B. At the preconstruction conference, Contractor will be provided with a list of sites for which easements have been obtained. Work at all sites shall be Substantially Complete as provided in the Instructions to Bidders. C. Within the limits described in paragraphs A. and B. above, Contractor shall determine the sequence of Work required to efficiently progress with the Work. The sequence of the Work shall be clearly evident from the Contractor's progress schedule, submitted in accordance with ARTICLE 2 of the General Conditions and thereafter revised. 1.08 WORK BY OTHERS A. Contractor's obligations with regard to coordination with other Work are more fully set forth in Article 7 of the General Conditions. 1.09 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] 246500 01110-3 PART 3: EXECUTION [NOT USED] • END OF SECTION 01110 • 01110-4 SECTION 01145 • USE OF PREMISES PART1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. This Section describes the requirements that the Contractor shall comply with to prepare, protect, and maintain access to the Work. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, including supplements, hereafter referred to as Mn/DOT Standard Specifications. 1.03 SUBMITTALS A. No submittals are required for materials and supplies covered under this Section which comply with applicable Specifications. 1.04 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.01 CONSTRUCTION LIMITS A. Construction limits are shown on the Drawings or described in the Specifications, or both. B. Contractor shall, without exception, limit all operations and activities to the area within the construction limits. C. Contractor shall limit operations, including materials and equipment storage, to the area within the construction limits. Contractor shall obtain written approvals of property owners at all locations where Contractor uses lands not included in the construction limits. Copies of such approvals shall be submitted to Owner via the Engineer. D. Clearing and grubbing limits shall be limited to those areas described elsewhere in these Contract • Documents. 246510 01145-1 • 0 3.02 TRAIL ACCESS A. Contractor shall not block nor otherwise prevent usage of the trail by the public unless Contractor has written permission from the authority owning the trail. Such written permission shall be submitted to Engineer prior to commencing any work so obstructing the trail. END OF SECTION 01145 246510 01145-2 SECTION 01270 • UNIT PRICE MEASUREMENT AND PAYMENT PART 1: GENERAL 1.01 GENERAL A. This Section of the Specifications describes the measurement and payment for the Work to be done under the items listed on the Bid Form. B. Each unit or lump sum price stated on the Bid Form shall constitute full compensation as herein specified for each item of work completed in accordance with the requirements of the Contract Documents including Drawings and Specifications, including all clean up and restoration. C. All costs in connection with the Work, including famishing all materials, machinery, supplies and appurtenances; providing all construction equipment and tools; and performing all necessary labor, coordination, supervision, and management to fully complete the Work shall be included in the unit or lump sum prices quoted on the Bid Form. All Work not specifically set forth as a separate bid item herein shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the amounts and prices submitted on the Bid Form The price on the Bid Form shall include all work necessary to complete all of the Work. • 1.02 ESTIMATED QUANTITIES A. All estimated quantities for Unit Price items in the Bid Form are approximate and are to be used only as a basis for determining the initial Contract Price. The actual amount of work to be performed or materials to be furnished under the Unit Price items may differ from the estimated quantities. The basis of payment for work or materials furnished or placed will be the actual amount of work performed or material famished and placed. The Contractor agrees to make no claim for damages, anticipated profits, or otherwise due to any difference between the amounts of Work actually performed or materials famished and placed and the estimated amounts included in the Bid Form 1.03 INTENT OF BID FORM ORGANIZATION A. Payment for all Work shall be in accordance with the terms and conditions set forth elsewhere in the Contract Documents and the Contractor's Bid prices set forth in Contractor's conformed Bid Fort The Bid items set forth in the Bid Form subdivide the Project for purposes of measurement and payment only, and are intended to represent the entire and complete Project as set forth in the Contract Documents. The Bid items set forth in the Bid Form shall constitute full compensation to Contractor for providing all material, equipment, labor, and supplies to complete the Work in complete accordance with the Contract Documents. B. The following paragraphs describe the materials, equipment, labor, and supplies that are included in each of the Bid items. The Bid items are based on lump sum prices. Partial progress payment for those items shall be made in accordance with monthly estimates of percent completed for each item included in the breakdown in Contractor's approved Schedule of Values. The procedures for • submitting and processing progress payments are set forth elsewhere in the Contract Documents. 246511 01270-1 1.04 BID UEMS • A. Project Mobilization/Demobilization 1. Method of Measurement: Project Mobilization/Demobilization will be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for project mobilization/demobilization. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary for mobilization and demobilization, all complete as specified. Project mobilization/demobilization shall include the Contractor's premium for any special insurance obtained for this project; development and maintenance of appropriate health and safety plan; preparing and transmitting the required submittals; obtaining all permits required of the Contractor, project closeout upon completion of the Work, and other items not specifically paid for but included in the total scope of the Work. B. Plantings Establishment and Maintenance 1. Method of Measurement: Plantings establishment and maintenance will be measured as a single lump sum unit. 2. Basis of Pavment: Contractor will be paid a lump sum (L.S.) unit price for plantings establishment and maintenance, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and perform all • operations necessary to perform plantings establishment and maintenance including the extended three (3) year warranty described in the Specifications. C. Site Mobilization/Demobilization 1. Method of Measurement: Site Mobilization/Demobilization will be measured on the basis of unit lump sum 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for site mobilization/demobilization for each site identified in the Bid Form. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary for site mobilization and demobilization, all complete as specified Site mobilization/demobilization shall include furnishing, installing and maintaining Contractor's facilities; providing work area security; providing all electrical, water, and telephone services required or needed by the Contractor to perform the work; equipment mobilization and demobilization; relocating utilities as necessary for the work; site cleanup, site restoration not specifically paid for but included in the scope of the Work, and other items not specifically paid for but included in the total scope of the Work. D. Rock Erosion Control Construction Entrance 1. Method of Measurement: Rock Erosion Control Construction Entrance, Rock & Bituminous Erosion Control Construction Entrance, and Rock Erosion Control Construction Entrance Special will be measured per each construction entrance constructed. • 246511 01270-2 2. Basis of Payment: Contractor will be paid a unit price per each (Each) rock, rock & • bituminous and rock special construction entrance, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to famish, install, and maintain the construction entrance for the duration of the Work, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the rock erosion control construction entrance and 20 percent of the unit price will be paid upon removal of the rock erosion control entrance and area reestablished at the completion of the project. E. Silt Fence 1. Method of Measurement: Silt Fence will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the silt fence from end to end. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for silt fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the silt fence for the duration of the Work, and removal at the completion of the project, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the silt fence and 20 percent of the unit price will be paid upon removal of the silt fence at the completion of the project. F. 18" Dia. Seeded Siltation Sock (Permanent) • 3. Method of Measurement: Seeded Siltation Sock will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the seeded siltation sock from end to end. 4. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for seeded siltation sock, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to famish, install, and maintain the seeded siltation sock for the duration of the Work, all complete as specified. G. 18" Dia. Siltation Sock (Temporary Erosion Control) 5. Method of Measurement: Siltation Sock will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the siltation sock from end to end. 6. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for siltation sock, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the siltation sock for the duration of the Work, and removal at the completion of the project, all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the siltation sock and 20 percent of the unit price will be paid upon removal of the siltation sock at the completion of the • project. 246511 01270-3 • H. Inlet Protection 1. Method of Measurement: Inlet Protection will be measured per each storm sewer inlet protected. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) inlet protected, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to famish, install, and maintain the inlet protection for the duration of the Work, and removal at the completion of the project all complete as specified. Eighty percent of the unit price will be paid for furnishing and installing the inlet protection and 20 percent of the unit price will be paid upon removal of the inlet protection at the completion of the project. I. Erosion Control Ground Cover/Mulch 1. Method of Measurement: Erosion Control Ground Cover/Mulch will be measured on the basis of area in square yards rounded to the nearest whole yard as detemined by actual horizontal surface survey or other measurement by Engineer of the areas were erosion control ground cover/mulch is required to be installed 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for erosion control ground cover/mulch, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install the erosion control ground • cover/mulch, all complete as specified. J. Clearing and Grubbing 1. Method of Measurement: Clearing and Grubbing will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal survey or other measurement by Engineer of the area requiring clearing and grubbing. 2. Basis of Payment: Contractor will be paid a unit price per acre (Acre) for clearing and grubbing, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to perform the clearing and grubbing, all complete as specified. K. Topsoil 1. Method of Measurement: Topsoil will be measured by volume in cubic yards based on stockpile volume as determined by Engineer's measurements rounded to the nearest whole cubic yard. Imported topsoil will be measured by volume in cubic yards based on the loose volume determined by truck loads of the material delivered to and incorporated into the Work to achieve the final grades. Volumes will be determined to the nearest whole cubic yard, based on the dimensions of the truck box and an average load size factor (average percentage of box volume used), both as determined by Engineer, and multiplied times the actual number of loads. Contractor shall also maintain records of daily load totals. At the end of each day, Contractor • shall provide Engineer with documentation of total number of loads for each truck, by number, used that day. 246511 01270-4 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of topsoil • (salvaged or imported) furnished and installed complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to strip topsoil, stockpile topsoil, import topsoil, place and grade topsoil, all complete as specified. The quantity of all material, which in the opinion of Engineer would be suitable topsoil material, removed from the site shall be deducted from the final pay quantity for imported topsoil materials on a loose volume basis. L. Pond Excavation 1. Method of Measurement: Pond Excavation will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross -sections obtained by Engineer and calculated using the average end area method 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of pond excavation complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to perform all excavation, fills, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. M. Backfrll 1. Method of Measurement: Backfill will be measured by volume in cubic yards. Volume will be • determined to the nearest whole cubic yard based on before and after cross -sections obtained by ENGINEER and calculated using the average end area method. Trench and excavation backfill for storm sewers, manholes, and catch basins is not included and will not be measured. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of backfill complete as specified This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to perform all backfill operations including control of surface water and groundwater, all complete as specified N. Grading 3. Method of Measurement, Grading will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface survey or other measurement by Engineer of the areas were grading is required. 4. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for grading, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to perform the grading, all complete as specified. O. Excavated Material Disposal 1. Method of Measurement: Excavated Material Disposal will be measured by volume in cubic • yards. Volume will be determined to the nearest whole cubic yard and shall be equal to the volume of pond excavation, as determined in Paragraph L. above. 246511 01270-5 • 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavated material disposal complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to load, haul and dispose of excavated materials at off -site locations whether these materials are selected materials disposed of at off -site locations or common excavation materials disposed of at off -site location determined by the Contractor, all complete as specified. is P. Remove Storm Sewer Pipe 1. Method of Measurement: Remove Storm Sewer Pipe will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the pipe removed from end to end. The center of manholes or catch basins, or the end of an apron will also be used to define the end of the removed pipe. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for removal of storm sewer pipe including concrete, metal, plastic, or clay, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to remove and dispose of storm sewer pipe including aprons and culverts, excavation and backfill, and any patching of pipe, manholes, or catch basins remaining inplace, all complete as specified. Q. Storm Sewer Pipe 1. Method of Measurement: Storm Sewer Pipe will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the pipe from end to end. The center of manholes or catch basins, or the end of an apron will also be used to define the end of the storm sewer pipe. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for storm sewer pipe based on the sizes and types of pipe materials indicated on the Bid Form, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install storm sewer pipe including aprons and culverts, excavation and backfill, and any patching pipe, manholes, or catch basins to which the storm sewer pipe is connected, and including control of surface water and groundwater, all complete as specified. R. Storm Sewer Manhole 1. Method of Measurement: Storm Sewer Manhole will be measured on the basis of height in lineal feet rounded to the nearest whole foot. Height shall be determined vertical distance from the invert of the lowest pipe to the top of the casting. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for storm sewer manhole based on the diameters indicated on the Bid Fort, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install storm sewer manhole including excavation and backfill, control of surface water and groundwater, casting, and adjusting rings, all complete as specified. 246511 01270-6 S. Riprap with Filter and Fabric • 1. Method of Measurement: Riprap with Filter and Fabric will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the neat line dimensions shown on the Drawings. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of riprap based on the size classes indicated on the Bid Form, complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to famish and install riprap with filter materials including geotextile fabric including excavation, all complete as specified. T. Temporary Tree Protection Construction Fence 1. Method of Measurement: Temporary Tree Protection Construction Fence will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the fence from end to end. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for temporary tree protection construction fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, maintain, and remove the temporary tree protection construction fence, all complete as specified. U. Aggregate Base Class 5 • 1. Method of Measurement: Aggregate Base Class 5 will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface survey or other measurement by Engineer of the areas were aggregate base Class 5 is required to be installed times the neat line depth of the aggregate base Class 5. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of aggregate base Class 5 complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install aggregate base Class 5 including placing, compacting, and grading, all complete as specified. V. Aggregate Stabilization 3/d' Rock Method of Measurement: Stabilization Rock will be measured based on weight in tons. Weight of stabilization rock will be determined based on weigh tickets, provided to Engineer by Contractor from a certified scale. Tickets will be added together and rounded to nearest whole ton. Only weigh tickets for loads of stabilization rock used for pipe stabilization as shown on the Drawings or as directed in the field by Engineer will be included in the measurement. Loads will not be included in the measurement unless a weigh ticket accompanies the load and a copy is provided to Engineer by the end of the next working day. 2. Basis of Payment: Contractor will be paid a unit price per Ton (Ton) for furnishing and installing stabilization rock, all complete as specified. This unit price shall be payment in full for • the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install stabilization rock for pipe 246511 01270-7 stabilization including excavation required to install the rock, all complete as specified. Stabilization rock used for purposes other than pipe stabilization, as shown on the Drawings or as directed by Engineer in the field, will not be paid under this item W. Geotextile Wrap Method of Measurement: Geotextile wrap used for pipe stabilization will measured based on the area in square yards. The geotextile wrap will be measured using the centerline length of pipe requiring stabilization times twice the sum of the width and height dimensions shown on the Drawings and converted to the nearest whole square yard. Overlap as required by the Specifications is incidental to the placement of the material and no additional payment will be made for the overlap. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for furnishing and installing geotextile wrap for pipe stabilization, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install the geotextile wrap as specified. X. Two Rail Red Cedar Split Rail Fence 1. Method of Measurement: Two Rail Red Cedar Split Rail Fence will be measured on the basis of length in lineal feet rounded to the nearest whole foot. Length shall be determined along the centerline of the fence from end to end. 2. Basis of Payment: Contractor will be paid a unit price per lineal foot (L.F.) for two rail red cedar split rail fence, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to fiunish and install two rail red cedar split rail fence, all complete as specified. Y. Turf Establishment 1. Method of Measurement: Turf Establishment will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal survey or other measurement by Engineer of the area restored as required. 2. Basis of Payment: Contractor will be paid a unit price per acre (Acre) for turf establishment, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install turf establishment, all complete as specified. Z. Seeding Natural Area 1. Method of Measurement: Seeding Natural Area will be measured on the basis of area in acres rounded to the nearest 0.01 acres as determined by actual horizontal survey or other measurement by Engineer of the area restored as required. 2. Basis of Payment: Contractor will be paid a unit price per acre (Acre) for seeding natural area, • all complete as specified. This unit price shall be payment in full for the costs of all supervision, 246511 01270-8 materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install seeding natural area, all complete as specified. AA. Trees 1. Method of Measurement: Trees will be measured per each tree furnished and installed. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) tree based on the sizes and species identified on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to famish, install, and maintain the tree, all complete as specified. BB. Shrubs 1. Method of Measurement: Shrubs will be measured per each shrub furnished and installed. 2. Basis of Payment: Contractor will be paid a unit price per each (Each) shrub based on sizes and species identified on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the shrub, all complete as specified. CC. Erosion Control Mat 1. Method of Measurement: Erosion Control Mat will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface survey or other measurement by Engineer of the areas were erosion control mat is required to be installed. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for erosion control mat, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to finish and install erosion control mat, all complete as required. DD. Remove Bituminous Method of Measurement: Remove Bituminous will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface survey or other measurement by Engineer of the areas were removal of bituminous is required. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for remove bituminous, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and perfomring all operations as are necessary to remove bituminous including full depth saw cutting at edge, loading, hauling and disposal, all complete as required. EE. Repair Bituminous Trail 1. Method of Measurement: Repair Bituminous Trail will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface 246511 01270-9 survey or other measurement by Engineer of the areas were repairs to bituminous trail is • required. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for repair bituminous trail based on the depths shown on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install bituminous trail, all complete as required. FF. Repair Bituminous Parking Lot Method of Measurement: Repair Bituminous Parking Lot will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface survey or other measurement by Engineer of the areas were repairs to the bituminous parking lot is required. 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for repair bituminous parking lot based on the depths shown on the Bid Form, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish and install bituminous parking lot, all complete as required. GG. Traffic Control 1. Method of Measurement: Traffic control necessary to complete all work under these Contract • Documents will be measured on the basis of a single lump sum unit. 2. Basis of Payment: Contractor will be paid on a lump sum (L.S.) unit price for all traffic control, complete as specified. This lump sum price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain, all traffic control devices and barriers as necessary to complete the work. Progress payments for traffic control will be based on the percentage of the total amount of the work completed multiplied times 90% of the lump sum price for traffic control. The final 10% of the traffic control price will not be paid until the final Application for Payment. HH. Removal of Existing Pond Water 1. Method of Measurement: Removal of existing pond water will be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for removal of existing pond water, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to remove existing pond water, all complete as specified. 11. Excavate Silt 1. Method of Measurement: Excavate Silt will be measured by volume in cubic yards. Volume • will be determined to the nearest whole cubic yard based on before and after cross -sections obtained by Engineer and calculated using the average end area method 246511 01270-10 • 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavated silt complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead, profit, and performing all operations as are necessary to perform all excavation, fill, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. JJ. Excavate Channel 1. Method of Measurement: Excavate Channel will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross - sections obtained by Engineer and calculated using the average end area method 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of excavate channel complete as specified. This unit price shall be payment in fiffi for the costs of all supervision, labor, materials, equipment, overhead, profit, and performing all operations as are necessary to perform all excavation, loading, hauling, disposal of excess materials, fill, grading, and miscellaneous earthwork operations required to perform the Work including control of surface water and groundwater and dewatering any dredged materials, all complete as specified. KK. Granular Sub Base 1. Method of Measurement: Granular Sub Base will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface • survey or other measurement by Engineer of the areas were imported sub base is required to be installed times the neat line depth of the imported sub base as shown on the Drawings. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of granular sub base complete as specified. This unit price shall be payment in fii l for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install imported sub base including furnishing and installing filter fabric and famishing, placing, compacting, and grading the sub base materials, all complete as specified. LL. Raise MCES Manhole and Casting Assembly 1. Method of Measurement: Raise MCES Manhole and Casting Assembly will be measured per each MCES manhole and casting assembly raised 2. Basis of Payment: Contractor will be paid a unit price per each (Each) MCES manhole and casting assembly raised, all complete as specified The unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to raise each manhole and casting assembly to the finished elevations shown on the Drawings including excavation, backfill, concrete riser sections, adjusting rings, casting, and proper and timely notification of MCES prior to modification. MM. Repair Existing Trash Guard • 1. Method of Measurement: Repair Existing Trash Guard will be measured on the basis of unit lump sum 246511 01270-11 • 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for repair existing trash guard, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to remove, repair, and reinstall the existing trash guard, all complete as specified. NN. Modify Existing Concrete Outlet Structure 1. Method of Measurement: Modify Existing Concrete Outlet Structure be measured on the basis of unit lump sum 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for modify existing concrete outlet structure, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to modify by saw cutting, removing concrete, disposal of rubble, and installing additional trash rack all complete as specified 00. 3/8" Minus Rock Trail Mix 1. Method of Measurement: 3/8" Minus Trail Mix will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface survey or other measurement by Engineer of the areas were 3/8" minus trail mix is required to be installed times the neat line depth of the 3/8" minus trail mix. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of 3/8" minus • trail mix complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as are necessary to famish and install 3/8" minus trail mix including placing, compacting, and grading, all complete as specified PP. Permanent Turf Reinforcement Mat 1. Method of Measurement: Permanent Turf Reinforcement Mat will be measured on the basis of area in square yards rounded to the nearest whole yard as determined by actual horizontal surface survey or other measurement by Engineer of the areas were permanent turf reinforcement mat is required to be installed 2. Basis of Payment: Contractor will be paid a unit price per square yard (S.Y.) for permanent turf reinforcement mat, all complete as specified This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to famish, install permanent turf reinforcement, back fill with top soil, and seed all complete as required QQ. Construct Berm Materials 1. Method of Measurement: Construct berm materials will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on before and after cross - sections obtained by Engineer and calculated using the average end area method. • 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of construct berm materials complete as specified. This unit price shall be payment in full for the costs of all 246511 01270-12 supervision, labor, materials, equipment, overhead and profit, and performing all operations as are • necessary to furnish and place berm soils including loading, hauling, placing, compacting, grading, and control of surface water and groundwater, all complete as specified RR. Pipe Bedding Material 1. Method of Measurement: Pipe Bedding Material will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface survey or other measurement by Engineer of the areas were pipe bedding material is required to be installed times the neat line depth of the pipe bedding material. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) of pipe bedding material complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to furnish and install pipe bedding material including placing, compacting, and grading, all complete as specified. SS. Fabricate and Install Trash Rack 1. Method of Measurement: Fabricate and install Trash Rack shall be measured on the basis of unit lump sum. 2. Basis of Payment: Contractor will be paid a unit lump sum (L.S.) price for fabricating and installing trash rack, complete as specified. The lump sum price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit, and performing all operations as are necessary to fabricate and install trash rack, all complete as specified. TT. Tree Protection Tube 3. Method of Measurement: Tree Protection Tube will be measured per each tree protection tube famished and installed. 4. Basis of Payment Contractor will be paid a unit price per each (Each) tree protection tube, all complete as specified. This unit price shall be payment in full for the costs of all supervision, materials, equipment, labor, supplies, profit and overhead, and performing all operations as are necessary to furnish, install, and maintain the tree protection tubes, all complete as specified. L1U Shredded Hardwood Mulch 1. Method of Measurement: Shredded Hardwood Mulch will be measured by volume in cubic yards. Volume will be determined to the nearest whole cubic yard based on the actual horizontal surface survey or other measurement by Engineer of the areas were shredded hardwood mulch is required to be installed times the neat line depth of the shredded hardwood mulch shown on the Drawings. 2. Basis of Payment: The Contractor will be paid a unit price per cubic yard (C.Y.) for shredded hardwood mulch complete as specified. This unit price shall be payment in full for the costs of all supervision, labor, materials, equipment, overhead and profit and performing all operations as • are necessary to furnish and install shredded hardwood mulch, all complete as specified. 246511 01270-13 • 1.05 SUBMITTALS A. No submittals are necessary for this section. 1.06 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED} PART 3: EXECUTION [NOT USED} END OF SECTION 01270 246511 01270-14 • SECTION 01313 PROJECT MEETINGS PART 1: GENERAL 1.01 PRECONSTRUCTION A. After Owner issues to Contractor the Notice of Award, Engineer will schedule a preconstruction conference to be held at either Engineer=s offices or at Owner=s offices, that shall be attended by Contractor, Engineer, and others as appropriate. The meeting will be scheduled promptly after the Notice of Award and as far in advance of the commencement date as is practical. The purpose of the meeting will be to comply with the provisions of paragraph 2.06 of the General Conditions. B. Agenda items may include: 1. Distribution of Contract Documents 2. Designation of responsible personnel for all parties, lines of communication, and lines of authority 3. Scope of work and the anticipated schedule of operations 4. Critical work sequencing 5. 6. Submittal and field test reporting procedures Record documents and reporting 7. Site safety and security procedures 8. List of major subcontractors 9. Procedures for processing change orders 10. Use of premises including equipment and material storage 11. Major equipment deliveries 12. Housekeeping procedures • 1.02 PROGRESS MEETINGS A. Weekly progress meetings may be scheduled by the Engineer at a regular time mutually agreeable to the Owner, Contractor and Engineer. A preferred time for the second of these meetings each month is prior to Contractor=s submittal of Application for Payment. The Contractor shall attend these meetings and shall coordinate and require the attendance of subcontractors whose work may be in progress at the time or whose presence may be required for any purpose. Scheduling of required attendees shall meet with the approval of the Engineer. 1.03 UNSCHEDULED MEETINGS A. The Contractor shall attend other unscheduled meetings which may be reasonably requested by Engineer or Owner to discuss unanticipated changes in the Work or conditions at the site and which must be resolved before progression of work. 246512 01313-1 1.04 BASIS FOR COMPENSATION • A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. 0 11 PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] END OF SECTION 01313 246512 01313-2 • SECTION 01330 SUBMITTAL PROCEDURES PART 1: GENERAL 1.01 GENERAL SUBMITTAL PROCEDURES A. Contractor shall: 1. Transmit each submittal labeled with the Project name, name of the submittal, and Section and page number of these Contract Documents in which the submittal was required. Indicate the type or purpose of the submittal as more fully described elsewhere in this section with regard to the Schedule of Submittals. Transmit the correct number of copies as described below for each type of submittal. Each submittal shall be accompanied by a transmittal letter stating the same information. 2. Transmit all submittals to Engineer at the address set forth in the Supplementary Conditions and to the attention of the Project Engineer designated by Engineer. 3. Apply Contractor's stamp, signed or initialed certifying that review and verification of products required, field dimensions, adjacent construction work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. • Unstamped or unsigned submittals will be returned without action. 4. Schedule submittals to expedite Project and in accordance with the Schedule of Submittals to be prepared by Contractor. Coordinate submission of related items. 11 5. Identify all variations or deviations from the Contract Documents and identify alternative products or system limitations which maybe detrimental to successful performance of the completed Work. 6. Provide space for Engineer review stamps and comments on all submittals. 7. Revise and resubmit submittals as required in a timely manner. Identify all changes made since previous submittal. 8. Promptly distribute copies of reviewed submittals to Subcontractors, suppliers, and other concerned parties. Instruct parties to promptly report any inability to comply with provisions. 9. Not proceed with any Work requiring a submittal, including resubmittal, to Engineer until the submittal has been returned to Contractor without a requirement for resubmittal. B. All submittals that are made that are not specifically required by the Contract Documents will be returned without action. 246513 01330-1 C. All submittals shall come from the Contractor and submittals directly from Subcontractors or • vendors will be returned without action. 1.02 PROGRESS SCHEDULE AND WORK PLAN A. Contractor shall submit an estimated progress schedule and a finalized progress schedule in accordance with the requirements of paragraphs 2.053 and 2.07 of the General Conditions. B. The Contractor shall revise the finalized progress schedule from time to time, as may reasonably requested by Engineer, to reflect the current status and progress of the Work and the operations necessary to complete the Work as required. C. The progress schedule shall clearly illustrate the sequence of the Work (by locations and other factors as may be appropriate) to be followed by Contractor to efficiently progress with the Work. D. Contractor shall submit to Engineer a detailed Work Plan outlining the methods and procedures for all dewatering required to complete the Work. 1.03 SCHEDULE OF VALUES A. Contractor shall submit a preliminary schedule of values and a finalized schedule of values in accordance with the requirements of paragraphs 2.053 and 2.07 of the General Conditions and in the form herein specified. • B. The schedule of values shall be a detailed cost breakdown for all lump sum items of Work which shall include quantities and unit prices of items aggregating each lump sum price included in the Contract and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Unit price work shall be subject to progress payments based on the units of Work completed as provided for in the General Conditions. • C. The schedule of values shall be organized in a tabular format with the following columns (clearly labeled) as a minimum: 1. ITEM NUMBER: Number items according to the item numbers provided on the Bid Form. 2. ITEM DESCRIPTION: Written description of what item consists of. 3. UNIT: The units of measure upon which the lump sum price is based Several units may apply to each lump sum item. 4. NUMBER OF UNITS: The number of units upon which the total price for the item will be based. 5. UNIT MATERIAL PRICE: The cost of the raw materials or products needed for the item on a unit price basis. 246513 01330-2 6. UNIT LABOR PRICE: The cost of labor needed to fabricate, install or otherwise • construct the item on a unit basis. 7. UNIT OVERHEAD AND PROFIT PRICE: 8. TOTAL UNIT PRICE: Contractor's overhead and profit distributed on a unit basis. Sum of unit material price, unit labor price, and unit overhead and profit price. 9. EXTENSION: The total price for the item determined by multiplying the number of units by the total unit price. D. The schedule of values shall include a row labeled TOTAL EXTENSION which shall be the sum of the extension column for each of the individual items. The dollar value shown as the total extension shall match exactly the Contract Price as shown in the Agreement. E. The schedule of values shall contain sufficient detail to serve as the basis for progress payments for materials or equipment which will be shop fabricated and for lump sum items. The schedule should include such items as design, fabrication, lining, exterior painting, transportation to site, installation and any other pertinent items the Contractor wishes to break out for purposes of progress payments- F. The Schedule of values shall be subject to review and approval by Owner. If in opinion of Owner • the schedule of values does not contain sufficient detail or appears to be unbalanced, the Owner may require Contractor to revise and resubmit the schedule of values and/or provide documentation to justify Contractor's distribution. Contractor shall correct such deficiencies and resubmit the schedule of values. 1.04 SCHEDULE OF SUBMITTALS A. Contractor shall submit a preliminary schedule of submittals including Shop Drawings in accordance with the requirements of paragraph 2.05.B of the General Conditions, for Shop Drawing submissions, and in the form herein specified. Contractor shall submit a finalized schedule of submittals including Shop Drawings in accordance with the requirements of paragraph 2.07 of the General Conditions except that this finalized schedule of submittals to Engineer prior to beginning any Work. B. The schedule of submittals shall be in tabular form listing all submittals which are required by the Contract Documents and the date on which Contractor will make submittal. As a minimum, the schedule of submittals shall consist of the following columns: 246513 01330-3 1. SUBMITTAL NUMBER: Number consecutively. • 2. SECTION NO.: Section number or description of location in Contract Documents where submittal is requested. 3. PAGE NO.: Page number of section in Contract Documents where submittal is requested. 4. ITEM: Description of item or items to which submittal pertains. 5. SUBMITTAL TYPE: A letter code indicating what type of submittal was requested. The type key shall be as follows: A - Information or Documentation B - Review C - Approval D - Alternate Product Supporting Data E - Administrative such as schedules, etc. 6. DEFICIENCIES: Manner in which submittal or proposed alternate product does not meet the requirements of the Contract Documents. 7. ANTICIPATED Date on which Contractor anticipates submittal to be • SUBMITTAL DATE: delivered to Engineer. • 8. RESPONSE REQUIRED: Indicate yes if Contractor anticipates response from Engineer and no if no response is anticipated. C. The Schedule of Submittals will be reviewed by Engineer and Engineer will respond in writing listing deficiencies. The Contractor shall not list submittals not called for in the Contract Documents. The schedule shall include all items for which Contractor proposes to use substitute or "or equal' products. Contractor shall correct deficiencies and resubmit schedule of submittals prior to beginning any Work. 1.05 APPLICATIONS FOR PAYMENT A. General Applications for progress payments shall be submitted as set forth in the General Conditions as amended by the Supplementary Conditions. Each Application for Payment shall be accompanied by the required supporting data as specified in the Contract Documents. 2. The Owner will act on payment requests approximately once each month. 246513 01330-4 3. All Applications for Payment shall be made on forms provided by Engineer or otherwise • acceptable to Engineer. Forms shall be completed in their entirety and all signatures and notarizations shall be completed. 4. Applications for Payment shall be consistent with the actual Work completed as of the date of application. Applications should be consistent with the current schedule of values and progress schedule, and if not, those schedules should be modified as set forth elsewhere in this section. 5. Incomplete or deficient Applications for Payment will be returned to Contractor by Engineer. Contractor shall correct such deficiencies and resubmit the Application for Payment. B. Payment for Mobilization Expenses The Contractor may include items in the schedule of values for mobilization. Mobilization may include, but is not limited to, operations necessary to move personnel, equipment, supplies and incidentals to the site and removing them from the site following completion of the Work; furnishing bonds and insurance required specifically for this Project; furnishing submittals as specified; obtaining all permits required specifically for the Work; and perforrrring all work to restore the Project site to a condition equal to or better than its original condition that is not specifically provided for elsewhere in these Specifications. Progress payments for any mobilization expense, or any other line item in the schedule of values • which does not relate to a physical component of the Work at the site, will be made only in the amount of actual expenses incurred as evidenced by receipts or other evidence of incurred cost satisfactory to the Engineer and Owner. Payment for such expenses for which supporting documentation is not provided will be made at the completion of the Work. C. Initial Application for Payment The Contractor shall not make its initial application for payment until the required administrative procedures have been complied with. These procedures include, but may not be limited to, submittal of acceptable: 1. proof of insurance, 2. progress schedule, 3. schedule of values, 4, schedule of submittals. D. Supporting Data Each Application for Payment shall be accompanied by such supporting data as may be required by Owner or Engineer to substantiate the Contractor's application. All Applications for Payment which include payment for shop fabricated equipment shall be accompanied by invoices and records from the fabricator substantiating the progress of the Work on each of the individual pieces of equipment. Receipts for materials shall indicate the specific piece of equipment for which the materials will be used. Time reports and other records shall be furnished to verify the • fabricator's costs. Reports shall contain only information pertinent to this Project and shall 246513 01330-5 contain summaries of all detailed information. If requested, Contractor shall provide photographs • showing the status of construction of the shop fabricated components. Photographs shall have the date of the photograph displayed on the photo. 1.06 REVIEW OF SUBMITTALS A. The Engineer's review of engineering data will cover only general conformity of the data to the Specifications and Contract Documents, external connections, and interfaces with equipment and materials furnished under separate specifications. The Engineer's review does not indicate a thorough review of all dimensions, quantities, and details of the equipment, material, device, or item indicated or the accuracy of the information or documentation submitted; nor shall review or approval by the Engineer be construed as relieving the Contractor from any and all responsibility for errors or deviations from the requirements of the Contract Documents. B. All engineering data submitted, after final processing by the Engineer shall become a part of the Contract Documents and the work indicated or described thereby shall be performed in conformity therewith unless otherwise required by the Owner. 1.07 SUBMITTAL FOR INFORMATION OR DOCUMENTATION A. Submit two copies: one copy for Engineer and one copy for Owner. B. Submittal shall be made at least 5 days before the subject of the submittal is to be incorporated into the Work. • C. Submittal is for the purpose of formal verification that the subject of the submittal conforms to the requirements of the Specifications, for formal documentation of the Work, or both. • D. No action is required by Owner or Engineer. Engineer will generally notify Contractor if deficiencies are identified, however Contractor is solely responsible for ensuring that the subject of the submittal conforms to the requirements of the Specifications. 1.08 SUBMITTAL FOR REVIEW A. Submit three copies: two copies for Engineer and one copy for Owner. B. Submittal shall be made at least 10 days before the subject of the submittal is to be incorporated into the Work. Engineer will respond within 5 days from receipt of submittal. C. Submittal is for the purpose of providing opportunity to Engineer for review and comment on the subject of the submittal. D. Engineer will respond to the submittal either with a list of comments or indicating no comments. E. If Engineer's comments indicate a deficiency with respect to the requirement of the Specifications, Contractor shall amend the submittal and resubmit. Engineer will again respond to the resubmittal. 246513 01330-6 F. If Engineer's comments are in regards to an issue which based upon the Contract Documents is at • Contractor's discretion, Contractor shall furnish additional information provide justification, and otherwise cooperate in addressing and resolving Engineer's comments. G. Contractor shall remain solely responsible for ensuring that the subject of the submittal conforms to the requirements of the Specifications. 1.09 SUBMITTAL FOR APPROVAL A. Submit three copies: two copies for Engineer and one copy for Owner. B. Submittal shall be made at least 15 days before the subject of the submittal is to be incorporated into the Work. Engineer will respond within 7 days from receipt of submittal. C. Submittals shall be stamped with Contractor's approval. Contractor's stamp shall be a representation that Contractor has assumed full responsibility for determining the submittal requirements and verifying that the subject of the submittal conforms to the requirements of the Specifications. Submittals not bearing Contractor's stamp will be returned without review or action. D. Engineer will review, make notations as appropriate, stamp, and return submittals to Contractor. Engineer's stamp and Contractor's required action are described below: 1. NO EXCEPTIONS TAKEN. Contractor may proceed without further action. 2. RECOMMENDED REVISIONS NOTED. Contractor shall review Engineer's notations • and revise subject of submittal as required to conform to the requirements of the Drawings and Specifications before proceeding with the Work. Resubmittal is not required. 3. RESUBMIT. Contractor shall review Engineer's notations, revise subject of submittal as required to conform to the requirements of the Drawings and Specifications, and resubmit to Engineer for additional action. 4. REVIEW COMPLETE, FURNISH THREE FILE COPIES. Contractor shall furnish the requested number of copies and may proceed without further action. E. No work shall be performed in connection with the fabrication or manufacture of equipment and materials until the data therefor have been reviewed by the Engineer except at the Contractor's own risk and responsibility. Work may proceed when submittals have been returned marked RECOMMENDED REVISIONS NOTED, provided the work is performed in accordance with the Engineer's notations, or NO EXCEPTIONS TAKEN. F. If changes are made at the project site to correct manufacturing errors, revised drawings incorporating the changes shall be prepared and submitted to the Engineer. G. Each drawing submitted shall be black line on white background or blue line on white background. Print size shall not exceed 22 inches by 34 inches. H. Each drawing submitted shall be clearly marked with the name of the project, the specification title, the specification number, the Engineer's assigned number when so advised, and the Contractor's name. If catalog pages are submitted, the applicable items shall be indicated. 246513 01330-7 1.10 ALTERNATE PRODUCT SUPPORTING DATA • A. If Contractor proposes to use alternate or substitute products, Contractor shall submit written application as required by paragraph 6.05.A.2 of the General Conditions. • B. Submit three (3) copies of literature, drawings, and any other data necessary to substantiate that proposed substitute is equivalent or equal to the item named, and otherwise meets the conditions established in paragraphs 6.05.A through 6.05.17 of the General Conditions. C. Do not proceed with product installation or use until written approval by Engineer is received in accordance with paragraphs 6.7.1 through 6.7.3 of the General Conditions. 1.11 RECORD DOCUMENTS A. Submit all record documents (or clearly legible copies) prior to substantial Completion. B. Record documents consist of all Drawings, Specifications, Addenda, Change Orders, and Shop Drawings legibly annotated to reflect all changes made during construction. 1.12 WARRANTY OR GUARANTEE CERTIFICATES A. Submit three (3) executed copies prior to Substantial Completion. B. All warranty or guarantee certificates shall be signed by Contractor and all other parties as requested in specific sections. 1.13 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] 246513 END OF SECTION 01330 01330-8 • • SECTION 01350 SPECIAL PROCEDURES PART1: GENERAL 1.01 PROJECT LOCATION A. The work shall be performed for the site identified in Section 01110 of these Specifications. 1.02 CODES AND PERMITS A. All work shall be done in accordance with Laws and Regulations including Federal, State, and local codes, statutes, ordinances, and permits. All licenses and permits necessary for the execution of the Work shall be secured by Contractor. Work shall not proceed until all licenses and permits have been issued. 1.03 ABBREVIATIONS AND DEFINITIONS A. The following abbreviations and definitions are used in the Specifications. These abbreviations and definitions supplement those of Article 1 of the General Conditions as amended by the Supplementary Conditions. 246574 Engineer's representative shall mean Resident Project Representative. 2. MPCA shall mean the Minnesota Pollution Control Agency. Mn/DOT shall mean the Minnesota Department of Transportation. 4. Mn/DOT Standard Specifications shall mean the Minnesota Department of Transportation's Standard Specifications for Construction, 2000 Edition. 5. Mn/DOT Standard Plate shall refer to the latest version of the referenced Minnesota Department of Transportation's Standard Plate published prior to the date of distribution of Bid Documents by Owner. 6. Mn/DOT Standard Plans shall refer to the latest published edition of the referenced Minnesota Department of Transportation Standard Plans published prior to the date of distribution of Bid Documents by Owner. NPDES shall mean National Pollutant Discharge Elimination System 8. NPDES Permit shall mean MPCA Permit No. MN R 10000 1 General Permit. 9. BMP shall mean Best Management Practices. 01350-1 10. Specifications of AASHTO, ASTM, ANSI, AW WA, PPI, etc. shall mean the latest published edition of these Specifications available prior to the date of distribution of Bid Documents by Owner. 1.04 CONSTRUCTION LIMITS A. Construction limits shall be as shown on the Drawings. Contractor shall limit operations, including materials and equipment storage, to the area within the construction limits. Contractor shall obtain written approvals of property owners at all locations where Contractor uses lands not included in the construction limits. B. Contractor shall comply with all requirements of such roadway authorities as well as the requirements of these Specifications. Any other lands or accesses required by Contractor for Contractor's purposes shall be provided by Contractor, including approvals required by other sections of these Contract Documents, all without additional cost to Owner. 1.05 SITE SAFETY PROVISIONS A. Site safety shall comply with the requirements of Section 01501 of these Specifications and the other Contract Documents. B. Contractor's responsibilities for site safety shall explicitly include trail users. 1.06 COVERING OF WORK • A. If Contractor covers pipes and appurtenances before the necessary Quality Control has been performed, Contractor, at request of Engineer or Engineer's Representative, shall uncover, expose, or otherwise make available for observation, inspection, surveying, or testing as Engineer's representative may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. Unless Contractor has given timely notice to Engineer's representative of intent to cover work and Engineer's representative fails to act within a reasonable time, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, whether or not Work is defective. E 1.07 STREETS AND HIGHWAYS A. Contractor shall obtain any permits necessary to haul materials or equipment on public streets and highways. B. Contractor shall be responsible for repair of all streets, highways, and private roads that are damaged by Contractor's operations. C. Contractor shall clean from streets and highways, on a daily basis, all materials which have spilled from or been tracked by Contractor's equipment. D. Contractor shall be responsible for all traffic control signage in accordance with all applicable Federal, State, County, and Local regulations or requirements. 246574 01350-2 • • 1.08 MEASUREMENT OF QUANTITIES A. Contractor shall cooperate with and assist the Engineer as necessary to obtain the actual measurements required to determine the actual quantities. 1.10 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] END OF SECTION 01350 246574 01350-3 SECTION 01501 0 SAFETY PART 1: GENERAL 1.01 GENERAL A. In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for job site conditions and safety procedures and programs, including safety and health of all persons and property, on those portions of the site affected by or used by Contractor, Contractor's employees, subcontractors, agents, and others during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. Observation of the Work and Contractor's performance by Owner and Engineer is not intended to include review of the adequacy of the Contractor's safety and health procedures and programs on or near the construction site. The Contractor is solely responsible for the protection of property and the safety and health of its employees, Subcontractors, Suppliers, agents and others on or near the site. 1.02 SAFETY A. In addition to the requirements of paragraph 6.13.13 of the General Conditions as amended by the Supplementary Conditions, the Contractor shall: is1. Contractor shall be responsible for furnishing Contractor's employees, as well as any subcontractor's and supplier's employees, with all safety equipment and other protection devices needed to comply with Laws and Regulations or accepted safety practices. Contractor shall also be responsible for frnishing all visitors to the site with all safety equipment including but not limited to safety vests, hard hats, and eye protection. 2. Contractor shall make all persons on the site familiar with the safety precautions appropriate to the construction zones and refuse entry by any person not authorized by Contractor or Owner. 3. Contractor shall be responsible for any safety violation and/or fine that may occur because of any neglect by Contractor, Contractor's employees, Contractor's subcontractors, or any third party under Contractor's supervision or direction. 4. Contractor shall provide safe access to all portions of the Work for use by Engineer, Owner or Cities of Chanhassen, Eden Prairie and Owner's authorized representatives in the performance of their observation duties. Said access shall conform to Laws and Regulations and to all requirements of any regulatory agency or agencies who claim jurisdiction over the safety of the project area including Carver County and Minnesota Department of Transportation. If Engineer, Owner, Cities of Chanhassen, Eden Prairie, Carver County, or Minnesota Department of Transportation are unable to observe Contractor's work due to unsafe conditions, Engineer's recommendation for payment, or Owner's payment, for such work may be withheld until work has been determined to be in • compliance with the Contract Documents. 246514 01501-1 • 1.03 HAZARD COMMUNICATION PROGRAMS is • A. Contractor shall comply with paragraph 6.15 of the General Conditions. 1.04 EMERGENCIES A. Contractor shall comply with paragraph 6.16 of the General Conditions. 1.05 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED] END OF SECTION 01501 246514 01501-2 SECTION 01551 • ACCESS ROADS AND PARKING PART 1: GENERAL 1.01 ACCESS ROADS AND PARKING A. Access to the properties on which Contractor is to perform work is provided by public roadways. Contractor shall comply with Laws and Regulations applicable to use of such public roadways including parking of cars, trucks, and equipment. Any permits and fees required by Laws and Regulations for Contractor's use of public roadways or easements shall be obtained by and paid for by Contractor. Any and all damage to public roadways as a result of Contractor activities and operations shall be repaired, at Contractor's expense, to the satisfaction of the governmental agency having jurisdiction over the damaged roadway. 1. Contractor shall comply with the City of Chanhassen, and the City of Eden Prairie's requirements for the maintenance of traffic within their respective boundaries. 2. Contractor shall comply with Carver County's requirements for the maintenance of traffic on all Carver County roads. B. Primary site access from public roadways shall be limited to the construction limits shown on the Drawings and or as indicated in the Specifications. C. Contractor shall not use or obstruct any private driveway or portion therof not within the designated • construction limits. Any and all damage to a private driveway or that portion not within the construction limits as a result of Contractor activities and operations shall be repaired, at Contractor's expense, to the satisfaction of the property owner. • D. Contractor shall protect the existing paved public trails. E. The Contractor shall provide all equipment and materials necessary for the control of dust arising during the performance of the Work. Dust shall be controlled so as to not be a nuisance to homeowners, adjacent property owners, and the public. When requested by Engineer or Owner, or at other times as necessary, Contractor shall take measures to reduce dust. These measures may include, but are not limited to: 1. Sweeping and washing roads 2. Watering source areas of dust 3. Temporary surfacing such as paving or sodding source areas. 1.02 SUBMITTALS [NOT USED] 1.03 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. 246515 01551-1 246515 01551-2 • SECTION 01555 TRAFFIC CONTROL PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to control traffic on site including, but not limited to: 1. Obtaining necessary permits for road closings, work in the right-of-way, and detours. 2. Obtaining necessary permits for closing public trails. 3. Place any necessary signage, warning lights, or flagmen. 4. All public notices required for such road closings, trail closings or detours. 1.02 • A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. 1.02 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.01 PERMITS A. Contractor shall obtain any permits from Federal, State or Local agencies necessary for traffic control, road closings, and trail closings necessary for completion of the work. 9 3.02 SIGNAGE 246516 01555-1 Ll A. Contractor shall be responsible for construction and detour signing. This shall include all signs, cones, barricades, warning lights, and flagging as required by Federal, State or Local agencies. B. Contractor shall be responsible for construction and detour signing for all public trails. This shall include all signs, cones, barricades, warning lights, and flagging as required by Federal, State or Local agencies. 3.03 PUBLIC NOTICE A. Contractor shall be responsible for any public notice regarding work in the right-of-way, road closings, trail closings or detours as required by Federal, State, or Local agencies. 3.04 MAINTENANCE OF TRAFFIC A. Contractor shall comply with all requirements of the Cities of Chanhassen and Eden Prairie for the maintenance of traffic on City streets and Carver County for maintenance of traffic on County Roads. END OF SECTION 01555 246516 01555-2 E E 1J SECTION 01770 CLOSEOUT PROCEDURES PART1: GENERAL 1.01 RECORD DOCUMENTS A. Maintain at the site (or in Contractor's possession) one set of record documents including all Drawings, Specifications, and Change Orders in good condition and legibly annotated to show changes made during construction. Store record documents separate from documents used for construction, clearly mark, and make accessible to Engineer and Owner at all times. B. Record information on record documents concurrent with construction progress. Engineer or Owner may require Contractor to improve its performance with regard to recording information during the construction process. C. Record for each product Section of the Specifications a description of the actual products installed including the following: 1. Manufacturer's name and product model number. 2. Product substitutions or alternates used. 3. Changes made by Change Order. 4. Quality control procedures and test results. D. Record drawings shall have recorded, at a minimum, the following items legibly marked to record actual construction: 1. Approved version of all Shop Drawings. 2. Measured depths or elevations of foundations in relation to a clearly defined, reproducible datum 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible permanent features of the Work. 4. Changes made by Change Order and all minor field changes of dimension and detail. 5. Details not shown on original Drawings. E. Submit record documents and all operations and maintenance manuals and other submittals required by other Sections of these Specifications. 1.02 CLEANUP A. The Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, and at the completion of the Work, shall remove all waste materials, rubbish and debris from the premises as well as all tools, construction equipment and 246517 01770-1 machinery, temporary facilities, and surplus materials. Contractor shall leave the site clean and • ready for occupancy by the Owner. 1.03 GUARANTIES AND WARRANTIES A. The Contractor shall guarantee all work and material against all defects or as otherwise required for specific items in these Specifications. The Contractor shall repair or replace any such defective Work and materials to conform to the provisions of the Contract and without expense to the Owner, within ten (10) days after notification in writing by the Owner or Engineer of such defective Work or material. If the Contractor does not make said repairs or replacements or have made arrangements for the correction thereof within the period specified above, the Owner may do so and will charge the cost of same to the Contractor. The Contractor shall perform repair work so as to cause the Owner a minimum of inconvenience and interruption of services. B. The correction period for all equipment and systems, regardless of when placed into continuous service, shall commence on the date of Substantial Completion. 1.04 FINAL SUBMITTALS A. Contractor shall complete all submittals required by these Contract Documents prior to the payment of Contractor's Final Application for Payment by Owner. Final payment shall not become due and payable until 10 days after all submittals have been made acceptable to Engineer or as provided in the General Conditions, whichever is later. • 1.05 BASIS FOR COMPENSATION • A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION [NOT USED} END OF SECTION 01770 246517 01770-2 L SECTION 01780 PROJECT RECORD DOCUMENTS PART1: GENERAL lulu a t 1 A. Maintain a record copy of: 1. Most current revision of Drawings and Technical Specifications. 2. Drawing change notices. 3. Design Change Requests (DCR) and Construction Deviations (CD). 4. Engineer field orders, written instructions or clarifications. 5. Approved submittals. 6. Field test records. 7. Associated permits. 8. Certificates of inspection and approvals. 9. Redline as -built drawings. 1.02 SUBMITTALS A. At Substantial Completion: • 1. Deliver one marked up set of Drawings to the Engineer for use in preparation of record drawings. • B. Accompany submittals with transmittal letter in duplicate, containing following. 1. Date. 2. Project title and number. 3. Contractor's name and address. 4. Title of record document. 5. Signature of Contractor or authorized representative. C. A copy of all survey notes shall be furnished to Owner as part of the Record Document. 1.03 BASIS FOR COMPENSATION A. All costs to comply with the requirements of this Section of the Specifications shall be considered to be included in the Contract Price and no additional compensation will be provided. PART 2: PRODUCTS [NOT USED] 246518 01780-1 PART 3: EXECUTION 10 3.01 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples on -site apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide secure storage space for storage of samples. B. Maintain documents in clean, dry, legible condition and in good order. Do not use record documents for construction purposes. C. Make documents and samples available at all times for inspection by Engineer, Owner, or City representatives. D. Failure to properly maintain record documents may be reason to delay a portion of progress payments until records comply with Contract Documents. 3.02 RECORD DOCUMENTS A. Label each document a PROJECT RECORD.@ in neat, large printed letters. B. Maintain record set of Drawings and Specifications at the project that are legibly annotated to show all changes made during construction. is 1. Graphically depict changes by modifying or adding to plans, details, sections, elevations, or schedules. 2. Make changes on each sheet affected by changes. C. Record information concurrently with construction progress. 1. Do not conceal Work until required information is recorded. 2. Record changes made by Written Amendment, Field Order, Change Order or Work Directive Change, Design Change Request, or Construction Deviation. D. Record for each product Section of the Specifications a description of the actual products installed including the following: 1. Manufacturer's name and product model number. 2. Product substitutions or alternates used. 3. Changes made by Change Order. 4. Quality control procedures and test results. E. Record drawings shall have recorded, at a minimum, the following items legibly marked to record actual construction: 1. Approved version of all shop drawings. 2. Measured depths or elevations of foundations in relation to a clearly defined, reproducible datum. 246518 01780-2 • 3. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements or survey markers. • 4. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible permanent features of the Work. 5. Changes made by Change Order and all minor field changes of dimension and detail. 6. Details not shown on original Drawings. 7. Contractor construction photographs or digital image files. F. Submit record documents along with all operations and maintenance manuals and other submittals required by Section 01330 of these Specifications. END OF SECTION 01780 246518 01780-3 Division 2 • Site Construction DIVISION 2 - SITE 02200 Site Preparation 02200-1 02249 Control of Water • 02249-1 02300 Earthwork 02300-1 02370 Erosion and Sedimentation Control 02370-1 02375 Riprap Protection 02375-1 02630 Storm Drainage 02630-1 02700 Bases, Ballasts, Pavements, and Appurtenances 02700-1 02702 Trails and Curbs 02702-1 02920 Turf Establishment 02920-1 02928 Planting and Seeding Natural Areas 02928-1 02929 Establishment Period Maintenance and Management for Natural Area Plantings 02929-1 02930 Tree & Shrub Plantings 02930-1 02950 Site Restoration 02950-1 L • 246498 • SECTION 02200 SITE PREPARATION PART1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to prepare the various sites for construction, including, but not limited to: 1. Maintaining access to and use of the site as shown on the Drawings and as required by the Drawings, these Specifications, and the other Contract Documents. 2. Furnish, install, and maintain traffic control barricades and signage as required by traffic control permits. 3. Clearing and grubbing of those portions of the construction limits as shown on the Drawings. Clearing and grubbing includes: cutting and/or removing all trees, shrubs, and brush and removing all roots, stumps, windfalls and other vegetative • material as required for the proper performance of the Work. 4. Protect all trees and vegetative materials not located within the construction limits as well as those trees and vegetative materials which are to remain undisturbed within the easement limits and as may be directed by the Owner. • 5. Strip and stockpile topsoil from all areas to be disturbed by construction operation. 6. Stop topsoil stripping a sufficient distance from remaining trees and shrubs to prevent damage to root systems. 7. Appropriately dispose of those vegetative materials cleared and grubbed from the sites by Contractor, all in accordance with Laws and Regulations. 8. Construct temporary erosion control measures specified and as directed by the Engineer. C. Contractor shall furnish, install and maintain temporary erosion and sedimentation controls in accordance with Section 02370 of these Specifications. D. Temporary erosion controls may include, but are not limited to, rock or rock and bituminous construction entrances, silt fences, straw bales, geotextiles, terracing, riprap, temporary drainage piping, sedimentation basins, vegetative cover, mulch, and any other construction required to prevent erosion and sediment transport. 246526 02200-1 E. Contractor shall schedule its operations so as to minimize the potential for erosion by • minimizing the disturbed areas on -site at any given time and completing operations and restoring the site in the shortest time possible. F. If soil and debris from the site accumulates in low areas, roadways, ditches, or other areas where in Owner's or Engineer's determination it is undesirable, Contractor shall remove the accumulation and restore the area to its original condition without additional compensation. G. The Contractor is responsible for cleaning of roads as directed by the Owner or Engineer. Cleaning shall be completed on an as -needed basis and the cost shall be included in the Contract Price and no additional compensation will be provided. H. Silt fence moved to allow access to the excavation area shall be replaced at the end of each construction day. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. 1.03 SEQUENCING AND SCHEDULING A. Construct temporary erosion control measures specified herein or as directed by the Engineer prior to commencing activities related to clearing and grubbing, or excavation. • B. Maintain and replace for the duration of the construction as necessary the temporary erosion control measures installed as herein provided or as directed by the Owner or Engineer and in the Storm Water Pollution Prevention Plan (SWPPP). 1.04 SUBMITTALS A. No submittals are necessary for this section. 1.05 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.01 CLEARING AND GRUBBING A. Clearing and grubbing of the excavation area shall consist of the complete removal of all obstructions above the ground surface and removal of stumps, roots, buried logs, and • other objectionable matter to the limits provided. 246526 02200-2 3.02 TEMPORARY EROSION CONTROLS • A. Silt fencing and siltation sock shall be installed as shown on the Drawings or as directed by the Engineer or Owner. B. Remove and dispose of all silt fencing and siltation sock at the completion of the work. C. Inlet Protection shall be placed on storm water inlets adjacent to the construction site and removed after ground cover has been established at the completion of the project D. Temporary rock erosion control construction entrances shall be placed as shown on the drawings and removed at the completion of the project with the areas restored to it natural condition. E. Temporary ground cover shall be quick germinating seed with straw or mulch. 3.03 DISPOSITION OF MATERIALS A. Cleared and grubbed materials must be disposed of off -site in accordance with all appropriate Laws and Regulations. 3.04 STRIP AND STOCKPILE MATERIALS A. Strip topsoil from all areas which will be disturbed by construction operations. • B. Stop topsoil stripping a sufficient distance from remaining trees and shrubs to prevent damage to root systems. C. Stockpile topsoil materials for use in site restoration. • D. Dispose of any excess topsoil materials upon completion of site restoration work 3.05 TRAFFIC CONTROL BARRICADES AND SIGNAGE A. Place traffic control barricades and signage as required by traffic control permits. END OF SECTION 02200 246526 02200-3 • SECTION 02249 CONTROL OF WATER PART1: GENERAL 1.1 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents B. The Work covered by this Section consists of furnishing all labor, equipment, materials, and perforating all operations necessary to control water in the work areas shown on the Drawings and as specified herein. This work shall include the provision, operation and maintenance of pumps and/or dewatering systems along with any temporary bemts or barriers, water plugs, or temporary piping necessary to allow the proper construction of the Work. C. Contractor shall restore any affected areas to a condition equal to or better than the condition prior to commencement of construction. 1.2 ENVIRONMENTAL REQUIREMENTS A. Contractor shall carry out the control of water in compliance with all Federal, State and local applicable stream discharge and pollution requirements. 1.3 SUBMITTALS A. No submittals are necessary for materials and supplies covered under this Section which comply with the applicable Specifications 1.4 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Measurement and Payment. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION 3.1 CONTROL OF WATER A. Water levels and flow volumes shall be controlled in the work area by pumping or by-passing to an extent that the permanent works being performed are not adversely affected. Additional effort for control of water will be required by the Owner, at no additional cost to Owner, if, in the opinion of the Owner, water in the work area will potentially adversely affect the permanent Works. 246527 02249-1 • • B. Contractor shall include adequate costs in the Contract Price to assure that the water in the work areas can be controlled and the work completed. C. Contractor shall maintain all systems for controlling water for the period required to complete the Work. D. Contractor shall remove all systems for controlling water and restore these areas to their prior level of service as part of this Work. E. Contractor shall maintain all systems for controlling ice for the period required to complete the work. F. Contractor must be aware that significant changes in flow and water level can occur within these work areas at any given time. The Contractor is responsible for any impacts that could result from changing water flow/level conditions. END OF SECTION 02249 246527 02249-2 • 11 L� SECTION 02300 II I I: \ATI) N N PARTI: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered by this section includes finnishing all supervision, labor, materials, and equipment required to complete all general or miscellaneous earthwork at the site including, but not limited to: 1. Performing all general grading, excavation, and filling required to conform to the finished site grading elevations and slopes shown in the Drawings. a. Includes excavation, loading, hauling, and disposal of all excess soil materials, all in accordance with Laws and Regulations. 2. Perform all excavation, backfilling and compaction required to install stone sewer, manholes and aprons. 3. Furnish, install, and compact imported material required for backfill of storm sewer, manholes and aprons. 4. Strip, stockpile and re -place topsoil materials. 5. Dredging of silt from site RM-2.5 and disposal of dredged materials. 6. Furnish and install all engineered fill for constructing berms to the grade as shown on the Drawings. 7. Fumish and install engineered fill for installation of storm sewer pipes. 8. Provide and install select granular material for placement below riprap. 9. Provide appropriate means of erosion control during excavation operations as shown on the Drawings. 1.02 A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. 246528 02300-1 • 1.03 SEQUENCE OF WORK A. Contractor is to install all temporary erosion control measures and construction fence prior to beginning any earthwork. 1.04 SUBMITTALS A. No Submittals are necessary for materials and supplies covered under this Section which comply with the applicable Specifications. 1.05 BASIS FOR COMPENSATION A. Compensation for all Work covered under this section of these Specifications shall be in accordance with the provisions set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 SOIL MATERIALS A Aggregate Class 5 1. The Engineer may allow aggregate containing a limited quantity of binder soil, but not sod, roots, plants, other organic matter, or objectionable material and shall conform to • Mn/DOT Standard Specifications 3138.2 Class 5. Class 5 will be "clean" such that no reclaimed glass or debris as defined in Mn/DOT 3138.2 will be allowed. 2. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or loose stone, crushed concrete mixture, or any combination thereof. Engineered fill shall meet the requirements of the Unified Soil Classification System material types: CH, CL, GC, GM, ML, ME, SC, SM. B. Pipe Bedding Material 1. Pipe bedding material shall conform to Mn/DOT Standard Specification 3149.217 or 31492G. 2. Native material that meets the gradation requirements for Mn/DOT Standard Specification 3149.217 or 3149.2G shall be used before material is imported. In those areas of the trench excavations where, in the opinion of the Engineer, the native materials, or adequate portions thereof, conform to the gradation requirements for pipe bedding material, Contractor shall conduct operations to separate pipe bedding materials during trench excavation. The Contractor shall use native materials for pipe bedding material whenever so available. The Contractor shall not be required to stockpile native materials for use beyond the limits of the current trench excavation. The Contractor shall import and be paid the unit price to so import pipe bedding material only when, in the opinion of the Engineer, the native soils do not conform to gradation requirements for pipe bedding material. The Contractor shall not import pipe bedding material unless Engineer • determines that native materials do not conform to the gradation requirement for pipe 246529 02300-2 • bedding material. The Engineer's opinion regarding the use of pipe bedding material shall be final. 3. Acceptable material shall be free of rock, or gravel (larger than 3 inches in any dimension), debris, waste, frozen materials, organic, or other deleterious matter. C. Granular Sub Base The material shall not contain sod, roots, plants, organic matter, or other objectional material, and shall conform to Mn/DOT Standard Specifications 3149.2BI, Granular Sub Base. 2. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or stone, crushed concrete, salvaged bituminous mixture, or any combination thereof. 0 1 =1 1. Riprap materials shall conform to the requirements of Mn/DOT Standard Specification 3601 for the Class indicated on the Drawings. E. Aggregate Stabilization 3/4" Rock 1. Aggregate Stabilization 3/4" Rock shall conform to Mn/DOT Standard Specification 3149.2C. • F. Aggregate 3/8" Minus Rock Trail Mix • 1. Aggregate 3/8" Minus Rock Trail Mix shall conform to Mn/DOT Standard Specification 3138 Class 2 aggregate modified to pass 100% passing the 3/8" sieve. G. Topsoil 1. Salvaged topsoil shall conform to Mn/DOT Standard Specification 2105.2 C2. 2. Topsoil borrow shall conform to MrMOT Standard Specification 3877.2A H. Berm Borrow 1. Berm borrow shall conform to MnMOT Standard Specification 3149.2E 1 Granular Borrow. I. Composted Product for Seeded Siltation Sock 1. Compost (Growing Media) used for seeded siltation sock shall be weed free and derived from a well -decomposed source of organic matter. The compost shall be produced using an aerobic composting process meeting CFR 503 regulations, including time temperature data indicating effective weed seed, pathogen and larvae kill. The compost shall be free of any refuse, contaminants or other materials toxic to plant growth. Non -composted products will not be accepted. Test methods for the items below should follow USCC TMECC guidelines for laboratory procedures: 246528 02300-3 • A. PH — 5.0-8.0 in accordance with TMECC 04.11-A, "Electrometric pH Determinations for Compost". B. Particle size — 99% passing a 1" sieve, 90% passing a %I' sieve and a minimum of 50% passing the 3/8" sieve, in accordance with TMECC 02.02-13, "Sample Sieving for Aggregate Size Classification". C. Moisture content of less than 60% in accordance with standardized test methods for moisture determination. D. Material shall be relatively free (<I % by dry weight) of inert or foreign man made materials. E. Nutrient content shall be no greater than a 2-2-2- analysis of N-P-K using traditional nutrient analysis. However, at least 90% of the nitrogen shall be in the organic form, in order to reduce concerns about nutrient transport and leaching. F. A sample shall be submitted to the Engineer for approval prior to being used and must comply with all federal, state, and local regulations. PART 3: EXECUTION 3.01 EXAMINATION A. Contractor shall examine the areas and conditions for performing earthwork If unsatisfactory conditions occur during the work, Contractor shall not proceed with the work until unsatisfactory conditions have been corrected. • B. It shall be the Contractor's responsibility to determine to its own satisfaction the location and nature of all surface and subsurface obstacles and the soil and water conditions that will be encountered during construction. C. Locations of Utilities and Underground Facilities shown on the Drawings are approximate and neither Engineer nor Owner make any representations as to the accuracy or completeness thereof. It shall be Contractor's sole responsibility to determine the locations. 3.02 PREPARATION A. The Contractor shall make arrangements to locate all existing Utilities and Underground Facilities in the areas of work. For utilities and underground facilities to remain in place, Contractor shall provide adequate means to assure protection of utilities and underground facilities during earthwork operations. B. The Contractor shall protect structures, roads, fences, utilities, wells, and other facilities from damage caused by settlement, lateral movement, stockpiling, undermining, washout and other hazards created by earthwork operations. 3.03 TRENCHING A. Excavate to grades shown on the Drawings. B. Stockpile excavated material. • C. Separate pipe bedding material from common excavation (if necessary). 246528 023004 D. Backfill trench using excavated materials. • 3.04 BEDDING A. Install as shown. B. Place over the full width of the prepared trench bottom in lifts of 8-inch maximum thickness. C. Hand grade and compact each lift to provide a firm, unyielding surface. D. Check grade and correct irregularities in bedding material. E. Bell or Coupling Holes: Excavate in bedding at each joint to permit proper assembly and inspection of joint and to provide uniform bearing along barrel of pipe. 3.05 BACKFILL PIPE ZONE A. Backfill as shown on the Drawings. B. Restrain pipe as necessary to prevent movement during backfill operations. C. Place material simultaneously in 6-inch (maximum thickness) lifts on both sides of pipe. D. Thoroughly tamp each lift, including area under haunches, with handheld tamping bars supplemented by `walking in" and slicing material under haunches with a shovel to ensure that . voids are completely filled before placing each succeeding lift. E. After the full depth of the material has been placed as specified, compact the material by a minimum of three passes with a vibratory plate compactor only over the area between the sides of the pipe and the trench walls. F. Do not use power -driven impact compactors to compact pipe zone materials. G. A minimum of six inches of cover is required over all installed pipes. 3.06 SITE GRADING A. Smooth -grade finished ground disturbed by Contractor's activities to slopes and elevations shown in the Drawings such as to blend smoothly into existing ground. B. Final grades must be graded to drain away surface water. Final grades shall not have any flat spots or low pockets that pond water. C. Re -place stockpiled topsoil. D. Place any topsoil borrow. 3.07 TRANSPORT OF MATERIALS • A. All trucks hauling materials shall have water -tight boxes. This requirement shall apply to all materials transported from the site. 246528 02300-5 • B. Contractor shall load, haul, and dispose of all excess soil materials, at off -site locations to be determined by Contractor. C. For those materials excavated from pond sites and disposed of at off -site locations, designated or determined by Contractor, the Contractor shall establish and maintain a record including, at least, date, time, quantity, and disposal location for each load leaving the pond sites. This record shall be documented by copies of load tickets. The record and load tickets shall be submitted to Engineer at least weekly until disposal of excess material from pond sites has been complete. 3.08 COMPACTION A. The Contractor shall compact all granular fill and aggregate base materials to an in place density as measured by ASTM D 1556 or ASTM D 2922 of 90 percent of Standard Proctor density or to an equivalent Standard Penetration blow count of 8 blows per foot. 3.09 TOLERANCES A. Construct the excavation and backfill work within the dimensional tolerances given below. Elevation and thickness tolerances are acceptable deviations from the elevations and material thicknesses shown on the Drawings. B. Elevation Tolerances: • 1. Finished surface and inverts: +0.2 feet to -0.2 feet unless otherwise required. • C. Horizontal Tolerances: 1. Finished surface: +0.5 feet to -0.5 feet. 2. Centerline structures and pipes: +1.0 feet to -1.0 feet. 3.10 FIELD QUALITY CONTROL A. The Contractor shall utilize equipment, materials, and procedures which are anticipated to meet the quality requirements specified. B. The Contractor shall permit Owner and Engineer to observe bedding and fill layers before father construction work is performed thereon. Tests of fill and/or bedding layers may be taken by the Owner or Engineer. 3.11 MAINTENANCE A. The Contractor shall repair and reestablish grades in settled, eroded, and rutted areas to specified tolerances. B. The Contractor shall maintain silt fence until seeding and planting is accepted by Owner. 246528 02300-6 C. Where completed compacted areas are disturbed by subsequent construction operations or • adverse weather, the Contractor shall scarify surface, reshape, and compact to required density prior to further construction. • • 3.12 DUST CONTROL A. Contractor shall keep the surface of any and all construction work areas and haul roads moist by spraying with uncontaminated water so as to prevent, not just reduce, airborne dust. This responsibility shall require Contractor to suspend construction or haul traffic until such time as Contractor can and does prevent airborne dust. Contractor shall not overspray so as to create problems, such as tracking of material onto paved surfaces, or muddy haul roads, due to the application of excess moisture. END OF SECTION 02300 246528 02300-7 SECTION 02370 • EROSION AND SEDIMENTATION CONTROL PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to protect slopes including, but not limited to: 1. Provide temporary erosion control to meet the requirements of Minnesota Pollution Control Agency, General Permit No. MN R100001. 2. Prevent transport of soil materials from the sites of the Work in compliance with this Section of the Specifications. 3. Construction of rock erosion control construction entrances. 4. Installing silt fence, siltation sock, inlet protection, temporary and permanent ground cover as specified on the plans and in the SWPPP. • 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. C. Minnesota Pollution Control Agency, General Permit No. MN R100001. D. Minnesota Department of Natural Recourses, General Permit for Temporary Water Appropriations (97-0005) which authorizes temporary water appropriation for construction dewatering. E. Minnesota Pollution Control Agency, Storm Water Manual. F. Corps of Engineers G. Minnesota Pollution Control Agency — NPDES Permit and Riley -Purgatory -Bluff Creek Watershed District Permit. H. Best Management Practices (BMP's) for erosion control. 1.03 SEQUENCING AND SCHEDULING • A. Construct erosion control measures specified in this Section or as directed by the Engineer prior to commencing construction excavation activities. 246529 02370-1 B. Maintain and replace the erosion controls for the duration of the construction as necessary in accordance with this Section of the Specifications as directed by the Engineer. • C. Removal of temporary erosion controls after the completion of the project and the permanent ground cover has been established. 1.04 SUBMITTALS A. A NPDES Permit is required by Laws and Regulations, Contractor shall complete and sign Section V. of the Application for General Stormwater Permit for Construction Activity (MNR100001). The permit application must be delivered to the Owner at least seven (7) days prior to commencement of work on the site. The commencement of any construction activity is prohibited until permit coverage is effective. Permit coverage will become effective seven (7) days after the postmark date indicating when the Owner has mailed the completed application form to the MPCA. B. All inspection records completed by the Contractor as a part of the NPDES Permit shall be submitted to the Owner at the end of the project. 1.05 QUALITY ASSURANCE A. The Owner may stop work on the project if the Contractor is operating in violation of the NPDES Permit. Contractor shall, within 24 hours, commence to diligently restore the project to conform to the conditions of the NPDES Permit. If, in Owner's option, Contractor has not, within 24 hours after to work stoppage, commenced to diligently restore the project to conform to the conditions of the NPDES Permit, then Owner may, without further notice to Contractor, take • actions to immediately restore the project to the conditions of the NPDES Permit. The cost of actions by the Owner required to restore the project to the conditions of the NPDES Permit will be paid by the Contractor. 1.06 PROJECT CONDITIONS A. The project Contract Documents and inspection records include the NPDES permit and shall be available at the construction site in either the field office, or the inspector's vehicle, or the Contractor's vehicle, for inspection by federal, state, and local officials as required by the permit for the duration of the Project. B. The Contractor shall maintain a record of all inspections of the site as required by the permit, and shall include: 1. Date and time of inspections 2. Findings of inspections 3. Corrective actions taken (including date and time) 4. Documentation of changes to the Temporary Erosion and Sediment Control Plan made during construction. 5. Date of all rainfall events (including total precipitation) • C. The Contractor shall post a "Notice of Stonnwater Permit Coverage" at the construction site entrance or at the construction field office and shall be visible from the nearest public road. 246529 02370-2 D. The Contractor shall be responsible for submitting a "Notice of Termination" to the Owner after final stabilization of the site, and completion of the project. • 1.07 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 MATERIALS A. Silt Fence: Silt fence shall conform to Mn/DOT Standard Specification 3886 for heavy duty silt fence, except that support posts shall be no further than 1.2 meters (4 feet) apart. B. Rock Erosion Control Construction Entrance rock: shall be coarse 2-1/2" washed rock placed to the limits and thicknesses shown on the Drawings. C. Siltation Sock: Siltation sock shall be 18" in diameter and made of a 5 mil or heavier polyester material and filled with a compost filter material as shown on the Drawings. D. Temporary seeding or mulching of disturbed areas as Specified in Mn/DOT Standard Specification 2573.3131 & B2b2. E. Street Sweeping: Street sweeping shall be performed with an approved mechanical vacuum assisted sweeper. Is Inlet protection: Shall be approved devices and methods to prevent the transportation of sediments into the storm sewer system. Devices used shall conform with those shown on the sediments Drawings or be approved by the Engineer or Owner. G. Turf Establishment/Mulch: shall conform to Mn/DOT Standard Specification 2575 for ground cover and turf establishment. PART 3: EXECUTION 3.01 TEMPORARY EROSION AND SEDIMENT CONTROL A. Temporary erosion and sediment control activities will be required through the duration of the project. Contractor shall use BMP's for erosion control. Unless precluded by snow cover, all exposed soil areas with a continuous positive slope within 100 lineal feet from a surface water body, or from a curb, gutter, storm sewer inlet, temporary or permanent drainage ditch or other storm water conveyance system, which is connected to a surface water, shall have temporary protection or permanent cover for the exposed soil areas within the following time frames: Type of Slope Temporary protection or permanent cover where the area has not been, or will not be, worked by the Contractor for: Steeper than 3:1 7 days 10:1 to 3:1 14 days 246529 02370-3 Flatter than 10:1 21 days ' For the purposes of this provision, exposed soil areas do not include stockpiles of sand, gravel, aggregate, concrete or bituminous. The bottom of any temporary or permanent drainage ditch constructed to drain water from a construction site must be stabilized within 100 lineal feet from a surface water state. Stabilization must be initiated within 24 hours of connecting the drainage ditch to a water of the state, existing gutter, storm sewer inlet, drainage ditch, or other storm water conveyance system which discharges to surface water and be completed within five calendar days. Prior to connecting any pipe to a surface water or drainage ditch, the pipe's outlet must be provided with temporary or permanent energy dissipation to prevent erosion. B. Perform temporary erosion control to conform to the requirements of Owner, and any NPDES Construction Stormwater Runoff permit that may apply to the Site, including: Furnish, install, and maintain temporary erosion controls necessary to prevent the erosion and transport of soils, silt, mud, and debris off site or to other areas of the site where damage could result. 2. Temporary erosion controls include silt fences, hay bales, siltation sock, flotation silt curtain, inlet protection, and other means necessary to control erosion. Silt fence shall be installed according to Mn/DOT Specification 3886 and according to manufacturer's recommendations. M3. Construct temporary erosion controls where there is evidence that sediment is being transported from the work area, where drainageways flow from the work area, and elsewhere as required to control erosion. 4. Schedule operations to minimize the amount of area disturbed and thus susceptible to erosion at any given time. 5. Remove and dispose of all temporary erosion controls when turf has been fully established or when earthwork such as diversion dikes have eliminated the possibility of sediment transport from the work area. C. Maintain the appearance and functionality of the temporary erosion control measures throughout the duration of the Work. D. Silt fence shall be installed at locations shown on the Drawings, or as modified in the field by the Engineer. E. Street sweeping shall be performed on a daily basis when construction activities are being performed on the Site and twice a day during hauling operations or periods of heavy construction traffic that may track sediment off of Site. Street sweeping shall also be performed when, in the opinion of the Engineer, street sweeping is required as a result, directly or indirectly, of Contractor's operations. I* F. Removal of silt fencing shall be performed: 246529 023704 1. As sod is placed to the construction limits. No silt fencing or portion of the silt fencing shall be removed more than 4 hours prior to time and on the same day as sod will be placed is at that location within the construction limits. 2. Generally not less than 30 growing days or more than 60 growing days after seed and mulch is installed, however, never before it is determined that germination of seed has resulted in acceptable coverage rate and does not need to be reseeded. n LJ L J G. Removal of siltation sock shall be performed: Contractor shall remove siltation sock by cutting and removing the fabric. The compost material can be left on site and shall be spread to blend into the surrounding area as directed by Engineer. 3.02 ROCK EROSION CONTROL CONSTRUCTION ENTRANCE A. Rock Erosion Control Construction Entrances to be constructed at locations on the Drawings and may be modified in the field by Engineer. B. Rock Erosion Control Construction Entrances shall be constructed to the dimensions and material thicknesses shown on the Drawings. C. Rock Erosion Control Construction Entrances shall be removed at the completion of the project and the area restored to preconstruction conditions. The restoration shall include grading and establishing ground cover in these areas. END OF SECTION 02370 246529 02370-5 • SECTION 02375 RIPRAP PROTECTION PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to famish and install riprap and erosion protection materials including, but not limited to: 1. Riprap placed around all inlet and outlet aprons. 3. Riprap placemdnt downstream of proposed pond overflow points. 2. Riprap placed for channel improvements. 1.02 REFERENCES • A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. CJ B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. 1.03 SUBMITTALS A. Test Results/CertificatesCSubmit the following test results and/or certificates in accordance with the procedures set forth in Division 1 of these Specifications: 1. At least 2 weeks prior to delivery to Site, provide Engineer with certificate indicating compliance with Specifications for riprap and coarse filter material. Provide, for each material, test results for at least two random samples showing gradation (ASTM D 422) and classification (ASTM D 2487). Identify source of material (i.e., address, vendor, etc.) so that Engineer or Owner can sample if desired. 1.04 SEQUENCING AND SCHEDULING [NOT USED] 1.05 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. 246530 02375-1 PART2: PRODUCTS • 2.01 GENERAL A. Materials used for riprap shall be durable field stone (round), of approved quality, sound, hard, and free of seams, cracks, and other structural defects. The stone shall be free of contamination by soil and other debris prior to incorporation in the Work. :1•:: A. Riprap shall conform to meet the gradation requirements of Mn/DOT Standard Specification Table 3601-1 for the Class indicated on the Drawings. B. Granular filter material shall conform to Mn/DOT Standard Specification 3149 for granular materials. C. Geotextile fabric shall conform to Mn/DOT Standard Specification 3733 for Type V geotextile materials. PART 3: EXECUTION 3.01 GENERAL • A. Riprap materials shall be installed in accordance with Mn/DOT Standard Specification 2511 with a thickness and to the limits shown on the Drawings. • END OF SECTION 02375 246530 02375-2 • • SECTION 02630 STORM DRAINAGE PARTI:GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to furnish and install pipe, appurtenances, and fittings including, but not limited to: 1. Furnish and install reinforced concrete pipe, corrugated polyethylene pipe, Polyvinyl Chloride pipe, flared end sections, catch basins and trashracks. 2. Construct catch basins and manhole structures. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Plates Manual, hereafter referred to as Mn/DOT Standard Plates, current edition.. B. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. C. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. 1.03 SUBMITTALS A. Submit for approval the technical data and product information for all storm drainage materials. B. Submit certificate indicating all materials meet requirements of these Specifications. State item, applicable reference specification, class, type, manufacturer, and distributor PART 2: PRODUCTS 2.01 BACKFILL MATERIAL A. Pipe bedding material shall be in accordance with requirements of Section 02300 of these Specifications. B. Random excavated materials shall be used for backfill where pipe bedding is not specifically • required. 246531 02630-1 2.02 REINFORCED CONCRETE PIPE • A. Reinforced concrete pipe (RCP) and flared end sections (FES) shall conform to the Drawings and shall conform to the requirements of Mn/DOT Standard Specification 3236. Pipe joints shall conform to MnDOT Standard Plate 3006. Each pipe joint shall contain a water -tight 0- ring gasket as conforming to Mn/DOT Standard Specification 3726. Pipe sizes shall be as indicated on the Drawings. 2.03 CONCRETE FLARED END SECTION WITH TRASH RACK A. Flared end section shall be reinforced concrete pipe (RCP) and conform to the requirements of Mn/DOT Standard Plate 3100. B. Trashracks shall be heavy duty type and the bars shall be constructed of galvanized steel and made to fit reinforced concrete aprons. 2.04 PRECAST CONCRETE MANHOLE (MR) A. Manholes shall be precast concrete conforming to the requirements of Mn/DOT Standard Specification 3622 and Mn/DOT Standard Plate 4020. B. Casting assembly shall be as shown on the Drawings or approved equal stamped "STORM SEWER" and adjusted to proposed finished grade. C. Integral base shall be furnished. • 2.05 WATERTIGHT BOOTS A. Watertight boots shall be used for all pipe connections to the manhole. Watertight boots shall be Kor-n-seal, A-lok, or Engineer approved equal. 2.06 CORRUGATED POLYETHYLENE PIPE — DUAL WALL A. Dual wall corrugated polyethylene pipe (CPEP) and appurtenances shall be ADS-N12 Prolink Ultra Pipe WT (corrugated outer wall, smooth inner wall with water tight joints) or approved equal. Pipe shall conform to MnDOT Standard Specification 3247. Pipe shall be sizes and types indicated on the Drawings. 2.07 CORRUGATED POLYETHYLENE APRON A. Aprons serving as end sections for CPEP shall be polyethylene or approved equal. 2.08 POLYVINYL CHLORIDE PIPE (PVC) A. All PVC pipe shall be direct burial and size shown on Drawing and consistent with ASTM D3034, type PSM, SDR-35 wall thickness. B. All PVC joints shall be of the cemented bell or O-ring rubber gasket type or approved equal. • C. Curb Inlet Catch Basin 1. Curb inlet catch basin shall meet the requirements of MnDOT Standard Plate 4021. 246531 02630-2 2.09 MANHOLE RISER SECTIONS • A. Any riser section required to extend the vertical height of an existing manhole shall be compatible with the existing manhole such that the joint can be fitted with a rubber O-ring type gasket and watertight seal. 2.10 CASTINGS A. All castings shall be a Neenah R-1642. 2.11 GRANULAR MATERLALS A. Granular materials furnished for foundation, bedding, or other purposes as may be specified shall consist of sound and durable products of any natural or synthetic mineral aggregate such as sand, gravel, crushed rock, or crushed stone, that shall be so graded as to meet the gradation requirements specified herein for each particular use. 2.12 PIPE BEDDING MATERIAL A. Pipe bedding material shall meet Mn/DOT Standard Specification 3149.2G. • 2.13 STABILIZATION ROCK A. Rock used for stabilization beneath storm water drainage pipes to be wrapped in a geotextile fabric shall be a crushed rock meeting the gradation requirements of Mn/DOT 3149.211 except that crushed concrete or salvaged bituminous will not be used. 2.14 GEOTEXTH.E WRAP A. The geotextile wrap shall be a woven fabric meeting the requirements of MnDOT Standard Specifications 3733 Type V. • PART 3: EXECUTION 3.01 FILL PLACEMENT AROUND PIPES, MANHOLES, AND STRUCTURES A. The Contractor shall notify Engineer before placing fill around pipes, manholes, or structures. B. Do not use frozen fill material or place on frozen subgrade. C. No pipe, manhole or catch basin shall be laid in water nor when the trench bedding conditions are unsuitable, unstable, and/or unconsolidated. 246531 02630-3 3.02 REINFORCED CONCRETE PIPE • A. Reinforced concrete pipe shall be installed to the line and grade shown on the Drawings. B. Installation of the pipe shall be in accordance with Mn/DOT Standard Specification 2503.3 3.03 RCP FLARED END SECTION AND TRASHRACK A. The RCP flared end section shall be installed as shown on the Drawings. The alignment and depth shall be as shown on the Drawings. 3.04 CONCRETE MANHOLES A. The precast concrete manholes shall be installed at the locations and to the size and dimensions as shown on the Drawings. B. Precast manholes shall be installed in accordance with Mn/DOT Standard Specification 4020. 3.05 WATERTIGHT BOOTS A. Watertight boots shall be used for all pipe connections to the structures. The boots shall be installed according to the manufacturer's recommendations. 3.06 CORRUGATED POLYETHYLENE PIPE • A. All corrugated polyethylene pipe shall be installed as shown on the Drawings and according to manufacturer's specifications. The pipe alignment and depth shall be as shown on the Drawings. B. Installation of the pipe shall be as recommended by the manufacturer. 3.07 CORRUGATED POLYETHYLENE APRON A. The corrugated polyethylene apron shall be installed as shown on the Drawings and according to manufacturer's specifications. The pipe alignment and depth shall be as shown in the Drawings. 3.08 TOLERANCES A. Elevation tolerances for the final pipeline layout shall be to +.005 to -.20 feet of proposed elevations, as shown on the Drawings. 3.09 FIELD QUALITY CONTROL A. The Contractor shall establish and maintain quality control for work under this Section to assure compliance with contract requirements and maintain records of his quality control for all construction operations. In addition, the Contractor shall coordinate, verify and check the precast concrete. B. Pipe, pipe appurtenances, and manhole installation will be subject to rejection for any of the • following reasons. 246531 02630-4 1. Failure to conform to the Specifications, particularly with regard to: • a. compaction under and around the pipe b. line and grade 11 • 2. Fractures or cracks passing through barrel wall or socket. Chips or fractures on interior of barrel exceeding 50 nun (2 inches) in length, 25 mm (f- inch) in width, and depth more than %< barrel thickness. 4. Cracks which, in the opinion of Owner or Engineer, may impair strength, durability, or serviceability of pipe. 5. Defects indicating improper proportioning, mixing, or molding. 6. Damaged ends where such damage would prevent making a satisfactory joint. 7. Damaged gasketed coupler system. END OF SECTION 02630 246531 02630-5 • SECTION 02700 BASES, BALLASTS, PAVEMENTS, AND APPURTENANCES PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all supervision, labor, materials, equipment and perfomring all operations necessary to finnish and install aggregate base and asphalt pavement. 1.02 REFERENCES A. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM B. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. 1.03 SUBMITTALS A. No submittals are required by this Section of these Specifications. 1.03 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 AGGREGATE CLASS 5 BASE A. The Engineer may allow aggregate containing a limited quantity of binder soil, but not sod, roots, plants, other organic matter, or objectionable material and shall conform to Mn/DOT Standard Specifications 3138.2 Class 5. Class 5 will be "clean" such that no reclaimed glass or debris as defined in Mn/DOT 3138.2 will be allowed. B. The material shall consist of sound durable particles of gravel and sand, crushed quarry or mine rock, crushed gravel or loose stone, crushed concrete mixture, or any combination thereof. Engineered fill shall meet the requirements of the Unified Soil Classification System material types: CH, CL, GC, GM, ML, MH, SC, SM. 246532 02700-1 2.02 ASPHALT PAVEMENT BASE • A. Asphalt pavement shall conform to the requirements of Mn/DOT Specification 2331 for Plant Mixed Bituminous Pavement Type 31 (base), LVNW35030B. 2.03 ASPHALT PAVEMENT WEARING COURSE A. Asphalt wearing course shall conform to the requirements of Mn/DOT Specification 2331 for plant mixed bituminous, MVWE35035C PART 3: EXECUTION 3.01 REMOVAL A. The Contractor shall remove existing topsoil, existing bituminous parking lot, curb & gutter and obstructions as necessary to install the Work B. The subgrade will be cut or filled as necessary to provide the needed lines and grades as shown on the plans. The soil removed on the south edge of the site is expected to be acceptable for the subgrade. 3.02 PAVEMENT AND AGGREGATE BASE PLACEMENT 10 A. Install the aggregate base and compact to 100% of Standard Proctor Density, ASTM D 698. B. Adjust any and all castings to within +/- 1/4-inch of the finished grade C. Construct aggregate base and asphalt in accordance with the pavement Types and at the locations shown on the Drawings. D. Install asphalt pavement in accordance with Mn/DOT requirements. 3.03 FIELD QUALITY CONTROL A. The Contractor shall establish and maintain quality control for Work covered under this Section to assure compliance with the contract requirements, including compaction test results if requested by Owner. 3.04 WARRANTY A. 12-month warranty against cracking. END OF SECTION 02700 246532 02700-2 • SECTION 02702 TRAILS AND CURBS PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to construct, including but not limited to: new trail and new concrete curb as shown on the Contract Drawings. 1. Replace existing `Bituminous Ped/Bike Trail' removed for construction of proposed utilities at locations shown on the Drawings. 2. Repair any existing `Bituminous PedBike Trail' used to access construction sites and damaged during construction as directed by the Engineer. Match existing trails with cuts and transitions shown on the Drawings. • 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as MN/DOT Standard Specifications. • 1.03 SUBMITTALS A. Submit for documentation signed certification that materials furnished for this Work have been tested and conform to the applicable requirements of these Specifications. 1.04 QUALITY ASSURANCE A. Comply with all applicable requirements of Mn/DOT Standard Specification 2340.1 1.05 DELIVERY, STORAGE, AND HANDLING A. Deliver bituminous wearing course mixture only in quantities that can be promptly placed and finished by forces on Site. B. Do not initiate bituminous mixture delivery until sufficient labor and equipment is on Site and prepared to complete intended pour. C. Immediately remove from Site all materials not meeting requirements. 246533 02702-1 • 1.06 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. PART 2: PRODUCTS 2.01 BITUMINOUS WEARING COURSE MIXTURE A. Mix design shall conform to Mn/DOT specification standards LV WE45030B. 2.02 CURBS A. Curbs and curb cuts shall be of the size and type to match existing MSA Curb & Gutter in accordance with Mn/DOT 2531.2. 2.03 AGGREGATE SURFACING A. Aggregate surfacing material shall meet MnDOT Specification 3138 Class 2 aggregate modified to 100% passing the 3/8" sieve. PART 3: EXECUTION 3.01 BITUMINOUS TRAILS • A. Construct bituminous trails to the location and grade as shown on the Drawings. B. The bituminous mixture shall be placed on the compacted foundation material in one course as indicated on the Drawings so as to give the required thickness. C. Compaction shall be accomplished to a uniform density in a manner and quantity deemed satisfactory by the Engineer. 3.02 GRAVEL TRAIL A. To be constructed with aggregate surfacing at locations and to dimensions shown on the Drawings. 3.03 CONCRETE CURB A. Remove and replace concrete curb as shown on the Drawings to match existing and meet all MSA and Mn/DOT specifications standard in accordance with 2531.2. B. All pedestrian curb ramps shall be constructed to the geometry of Mn/DOT Standard Plate 7036 to meet all ADA guidelines. 3.04 AGGREGATE BASE A. Place and compact the aggregate base material beneath trail to the compacted thickness as shown • on the Drawings and in accordance with Section 02300 of these Specifications. 246533 02702-2 3.05 IMPORTED SUBBASE • A. Place and compact imported subbase as shown on the Drawings and in accordance with Section 02300 of these Specifications. • • 3.07 FIELD QUALITY CONTROL A. The Contractor shall establish and maintain quality control for the Work under this Section to assure compliance with the Contract Documents and maintain records of Contractor's quality for all operations, including, but not limited to, the following: 1. Identification of bituminous source and insults of all source quality control. END OF SECTION 02702 246533 02702-3 SECTION 02920 TURF ESTABLISHMENT PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work includes establishing sod in the areas defined on the planting plan. 1.02 REFERENCES Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. 1.03 MEASUREMENT AND PAYMENT A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. • PART 2: PRODUCTS 2.01 MATERIALS • A. Seed for turf grass mix shall conform to Mn/DOT Standard Specification 3876 for Seed Mixture 60B. B. Sod shall conform to Mn/DOT Standard Specification 3878.2A for Lawn Sod. C. Contractor to furnish water, hoses and watering equipment. PART 3: EXECUTION 3.01 SCHEDULE A. Coordinate the turf establishment work with grading and finishing operations, and the trees, shrubs, and perennial planting. The goal is to reduce to a minimum the lag time between the initial and final phases of the combined work and to establish turf protection as soon as possible after areas have been finish graded. 3.02 TURF ESTABLISHMENT A. Topsoil shall be applied in accordance with the requirements of Section 02300 of these Specifications. B. Turf establishment shall be in accordance with the provisions of Mn/DOT Standard Specification 2575.3. 246534 02920-1 3.03 MAINTENANCE AND ESTABLISHMENT • A. The Contractor is responsible for maintaining all sodded areas in a healthy, growing condition by watering, weeding, mowing, rolling, etc. for a minimum of 30 days after installation. • • B. Any sod that does not show definite growth and establishment 30 days after installation, shall be replaced and established at the proper season by the Contractor at Contractor's expense. 3.04 CLEAN UP A. Remove all debris resulting from sodding activity and dispose ofproperly. Restore all areas disturbed by sodding operation to their original condition. 3.05 ACCEPTANCE OF WORK A. Acceptance of Work will conform to the Mn/Dot Standard Specification 2575.3N3. END OF SECTION 02920 246534 02920-2 • SECTION 02928 PLANTING AND SEEDING NATURAL AREAS PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work includes planting and seeding in the natural areas defined on the Drawings, or as designated by the Engineer. 1. Planting and seeding within the natural areas. 2. Special Warranty requirements. 1.02 A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. • 1.03 MEASUREMENT AND PAYMENT A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. 1.04 DEFINITIONS A. Landscape Architect: As designated by the Owner or Engineer. 1.05 CONTACTOR REQUIREMENTS Contractor shall provide the Owner with the information necessary to evaluate Bidder's qualification to perform the Work, the Bidder shall submit with Bidder's Bid the following documentation: A. Bidder 1. Resume including experience, equipment, personnel, qualifications, and al least three selected client references. 2. Summary of successful experiences with a minimum of five (5) similar projects of comparable size including major and unique characteristics of each project. 3. At least three client's phone numbers and contact names for recommendation with reference to specific projects. • 4. Summary of experience for all crew members with demonstrations that 70% of crew members have a minimum of 1 years experience performing landscape restoration projects. 246536 02928-1 • 5. Total number of fulltime field staff employed. 6. Number of crews anticipated to be available at the following times: a. Spring current year b. Fall current year c. Spring second year d. Fall second year B. Superintendents (at least one (1) required) 1. Documentation demonstrating that each superintendent holds, as a minimum, Bachelors degrees in Natural Resources Management or related disciplines. 2. Resumes demonstrating that each superintendent has a minimum of 5 years experience in landscape restoration and maintenance supervision including experience or training in prairie and wetland management, entomology, pest control, soils, fertilizers, and plant identification. 3. Documentation that each superintendent has a valid commercial pesticide applicators license. C. None of the documentation required by this paragraph may be submitted to Owner after the time set for opening of Bids. 1.06 SUBMITTALS • Contractor shall provide the Owner the following submittals within 30 days of notice to proceed on contracted work. 11 A. Site Preparation Schedule 1. Site prep schedule shall include herbicides(s) product name and rate of application. B. Planting Schedule Submittal 1. Prior to the time of any seeding and/or planting Contractor shall supply the Owner with the proposed planting schedule for each type of planting. C. Seeding and Planting Submittal 1. Prior to the time of any seeding and/or planting the Contractor shall supply the Owner with the names and addresses of all seed and live plant suppliers showing quantities related to supplier for all seeds and live plants. Seed blends, percentages, weights, and ratios shall be submitted and guaranteed in writing. 1.07 JOB CONDITIONS A. Notification of Unsatisfactory Conditions 1. Contractor shall examine and evaluate grades, soils, and water levels, observe conditions under which work is to be performed, and notify Owner of unsatisfactory conditions. Contractor shall not proceed with the work until unsatisfactory conditions have been resolved. 2. Contractor shall notify Gopher State One -Call for all utilities locates prior to work initiation. 246536 02928-2 . B. Excavation 1. If conditions detrimental to installation or plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, Contractor shall notify Owner before planting. C. Protection of Existing Trails 1. Existing trails shall be protected with a 6" layer of mulch whenever machinery with non - rubber tires crossed over trail. Mulch will be provided by Owner; spreading maintenance, removal, and disposal of mulch will be performed by contractor and will be considered incidental costs. 1.08 Warranty A. Contractor shall warrant that grasses and forbs will meet the Condition and Coverage standards defined below for a three-year period after seeding and planting is complete. B. Condition Standards Contractor to request inspection of seeding work and plug planting by Landscape Architect 40 days after completion to verify that seedings are free of dead or dying patches larger than 9 square feet, and show foliage of normal density, size and color. One hundred percent of plugs shall be alive. C. Coverage Standards Growth and coverage of seeding shall meet the following standards: • 1. STAGE 1 (End of 1st full growing season or later): Seedlings of at least three native grass species and five native forb species shall be widely dispersed through seeded area. No areas of bare soil larger than nine square feet shall exist. C1 2. STAGE 2 (End of 2nd full growing season or later): a. Site shall have 30 percent cover of native grasses/sedges and 30 percent cover of native forbs. b. Site shall contain 40 percent of all species contained in the specified seed mix. C. No bare patches of soil larger than four square feet shall exist. STAGE 3 (End of 3rd full growing season or later): a. Site shall have 40 percent cover of native grasses/sedges and a 30 percent cover of native forbs. b. Site shall contain 60 percent of all species contained in the specified seed mix. C. No bare patches of soil shall exist. D. Inspection and Reporting During Warranty Period: 1. Upon completion of the seeding and seedling establishment work, request a review by the Engineer to determine whether the work conforms to the requirements of the specifications. 246536 02928-3 2. Request a review by the Engineer 40 days after plugs are planted to confirm plug and seed establishment success. 3. The Engineer will review all seeded and planted areas for acceptance at the end of each growing season and for final acceptance at the end of the three-year warranty period. 4. If the condition and coverage criteria listed above are met by the growth of acceptable species, then the work will be accepted on an annual basis. Following each review, Engineer will submit to Contractor written notification of acceptance or of corrective action required. E. Corrective Work During Warranty Period: 1. Reseed, replant, and otherwise correct work which does not meet the Condition and Coverage standards during each year and at the end of the three-year Warranty period, without cost to the Owner. 2. Perform corrective work in conformance with the requirements of this Specification. F. Delays: Delays in completion of planting operations, which extend the planting into more than one planting season, shall extend the Warranty period correspondingly. G. Exceptions: Contractor shall not be held responsible for failures due to vandalism. • PART 2: PLANT MATERIALS 2.01 LIVE PLANTS A. Contractor shall provide container grown plants and shrubs as shown in the Plant Lists on the drawings. B. Contractor shall deliver plants after preparations for planting have been completed and install plants within 48 hours of delivery. Plants stored on site shall be given proper horticultural care until installation. Proper horticultural care entails: watering, shading, proper drainage, pest and disease free, adequate sunlight to ensure average healthy growth per that season of growth and protection from weather and mechanical damage. C. Plants shall not be removed from containers until planting time. D. Plants shall be free from insects, diseases and weeds; and must show appearances of normal health and vigor. E. Plants shall be true to their name as specified. Their origin shall be known to be local within a 200 mile radius of the project location. Plant origin beyond a 200 mile radius shall be submitted in writing to the Project Owner for approval. See Section 5.01 for pre -qualified nurseries. F. All plant material, including collected stock, shall comply with the State and Federal laws with respect to inspection for plant diseases and insect and weed infestations. • G. All precautions that are customary in good trade practice shall be taken to insure the arrival of plants in good condition. 246536 02928-4 • H. Plants shall be packed in such a manner as to insure adequate protection against damage while in transit. The plant shall be carefully protected to insure that the plants are delivered in a good condition. I. When shipment is made by enclosed vehicle, the vehicle shall be adequately ventilated and cooled to prevent "over -heating" in transit shall not exceed 78 degrees Fahrenheit. J. All plants shall be packed or covered in such a manner as to insure adequate protection against damage while in storage and during planting operations. K. All plants are to be "hardened off' outdoors at least 3 day before pick-up. L. All plants to be no more than one day in transit. M. Species to be planted shall be those specified. Any substitution or change shall be approved in writing by the Owner. N. Plants may be inspected and approved at the place of growth, for compliance, with specification requirements for quality, size and variety. All plants to have white root tissue developed to bottom and edges of pots at time of delivery. O. Such approval shall not impair the right of inspection and rejection upon delivery at the site or during the progress of the work. • P. Inspection of plants by the Owner before digging shall be at the option and expense of the Contractor. Q. All plants shall be free of unacceptable weed species, pests, root or crown rot, mold and debris. R. All plants shall have been in current pot a minimum of six (6) weeks. S. Plants shall be free of the project location's state identified noxious weed seeds and Reed Canary Grass (Phalaris arundinacea) and Purple Loosestrife (Lythrum salicaria). T. Container grown stock will be rooted in nursery grade potting soil. 2.02 SEED MIXTURES A. Contractor shall provide seed mixtures as indicated on drawings. B. Applicable Conditions: The following applies to all Contractor supplied seeds: 1. Seeds shall be blended by the vendor and the mixture and ratio shall be guaranteed in writing to be as specified by percentage or weight in the Seed and Plant Lists. Seed testing indicating an 80% or higher viability must be supplied to Owner. This submittal is required of the Contractor prior to final payout. C. Seed Requirements: All seeds shall conform to the following requirements. • 1. All legumes shall be inoculated with the proper rhizobia and at the appropriate time prior to planting. 246536 02928-5 2. All seed shall be packed and covered in such a manner as to insure adequate protection against damage and maintain dormancy while in transit, storage or during planting operations. 3. All seed shall be true to their name as specified. Their origin shall be known to be local within a 200 mile radius of the project location. Plant origins beyond a 200 mile radius shall be approved in writing by the Owner. See Section 5.01 for pre -qualified nurseries. 4. Species and quantities to be planted shall be those specified. Seed mixtures and any substitutions or changes shall be submitted in writing to project the Project Owner for approval. 5. Seeds shall be free of the project location's state identified noxious weed seeds and Reed Canary Grass (Phalaris arundinacea) and Purple Loosestrife (Lythrum salicaria). PART 3: EXECUTION 3.01 SEEDING AND PLANTING SCHEDULE A. Seeding and Planting Plan 1. At least three weeks prior to beginning work in each area; Contractor shall submit a seeding and planting plan/schedule for approval by the Engineer. This planting plan shall include proposed methods of planting, species, quantities, types of propagules, proposed surface preparation and equipment. • A. Examination and Preparation of Topsoil 1. Verification of Conditions: Examine site and verify to the Landscape Architect and Owner that conditions are suitable to receive work and that no defects or errors are present which would cause defective installation of products or cause latent defects in workmanship and function. 2. Unsuitable Conditions: Before proceeding with seeding work, notify the Owner and Landscape Architect in writing of all unsuitable conditions. B. Weed Eradication 1. Between 14 to 21 days prior to seeding date apply herbicide containing glyphosate. Apply 2- 4D upon notification from the Owner or the Landscape Architect. 2. If weeds are not dead after 10 days, spray once more, at least three days prior to any soil work. 3. If seeding is delayed and perennial weeds grow back, repeat steps one and two. C. Harrow seedbeds immediately prior to seeding. 3.02 SEEDING AND PLANTING A. Seeding and Planting Dates • 1. All Seeding shall be performed between May 1 and July 15 or between September 1 and October 30. 246536 02928-6 2. All planting shall be performed between June 1 and October 1. B. Seeding 1. Owner shall be notified 24 hours prior to beginning the seeding operations. 2. Immediately prior to seeding operations, all seeding equipment shall be calibrated and adjusted to sow seeds at the proper seeding rate. The drill shall be calibrated at''/x the appropriate seeding rate and each area shall be drilled twice at opposite directions to help insure an even distribution. Seed shall be sown at approximately 1/8" to ''/a" deep and no deeper than %:" deep. 3. Seeding will take place using a "No -Till" drill with 3 compartments, except on slopes deemed too steep for "No -Till" drill method, areas where trees need to be protected, or areas deemed too wet (all as determined by Owner). Drill shall be checked at the end of each seeding pass to ensure even distribution of seed through each pass. 4. Cover crop shall be sown separately from forbs and grasses unless drill meters out forbs and grasses separately from cover crop. 5. If a broadcast method of seeding is used, the following requirements shall be followed: a. The broadcast method will use broadcast seeding equipped with an agitator that effectively prevents seed from bridging or plugging. Seed shall be broadcast twice over each area to help insure even distribution. The seeded area shall be hand -raked or dragged with an implement to the extent necessary to cover a majority of the seed with 1/8" to %4" of soil. 6. The Contractor shall be fully responsible for implementing and maintaining permanent and temporary erosion control measures within prescribed planting areas until vegetated cover has been established to the Owner's satisfaction. 7. No fertilizer shall be applied to any seeded areas for any reason. 8. Mulch a. All areas to be seeded shall be mulched with straw mulch. b. Straw mulch shall be seed -free threshed straw mulch of oats or wheat, or prairie mulch. i. Straw mulch shall be applied immediately to all seeded areas. Upon application of straw mulch, crimp immediately with an industry wide approved crimper, or with hand tools on slopes where machinery cannot be used. ii. Application Rates 1. Mulch shall be installed at a rate of 2 tons per acre in areas seeded with prairie seed. c. A shrub only beds shall be mulched with four inches of shredded hardwood mulch. d. Wood mulch shall consist of raw wood material from either hard or soft timber and shall be a product of a mechanical chipper, hammermill, or tub grinder. The material shall be substantially free of mold, dirt, sawdust, and foreign material and shall not be in an advanced state of decomposition. The material shall not contain chipped up manufactured boards or chemically treated wood, including but not limited to wafer board, particle board, and chromated copper arsenate (CCA) or penta treated wood. The material, when air dried, shall all pass a 4 inch screen and not more than 20 percent by mass of the material shall pass a 0.1 inch sieve. Unattached bark or green leaf composition, either singly or combined, shall not exceed 20 percent each by mass. Maximum length of individual pieces shall not exceed 20 inches. i. Planting bed soil shall be fine -graded and leveled with hand tools prior to placing mulch to avoid impeding or puddling surface drainage and to prevent mulch depth irregularities. 246536 02928-7 • ii. Mulch material shall be placed no later than seven days after installation. In cases where soil moisture is excessive, to allow for evaporation, delayed mulch placement may be requested by the Contractor and approved by the Engineer. iii. Place mulch as shown in the Plan. • C. Planting 1. Space plants within areas indicated on drawings. Adjust spacing as necessary to evenly fill planting bed with indicated quantity of plants. Plant layout shall be approved by Engineer in field prior to planting. 2. Planting Technique a. All Plants i. Level topsoil in ground cover beds before installation of plant materials. After plant material installation, water bed area thoroughly to settle all plants. ii. Contractor to verify all utility locations prior to any digging or transplanting. iii. Provide preliminary staking of plantings using stakes or paint. Mark the edge of planting bed. b. Container Stock i. Plants supplied in containers shall be installed immediately upon being removed from the containers. Remove plants from all plastic, metal, and wood containers so as not to disturb the root system or the soil in which they were planted. Under no conditions shall plants be removed from the container by pulling on the main stems or plant growth. The outside of the root ball shall be scored or pruned in order to redirect circling roots. Paper fiber pots need not be removed, however, the container must be slit vertically at 6 inch intervals around the circumference of the pot. The top of the paper fiber pot must be removed to at least 1 inch below the soil grade. 3.03 CLEAN-UP AND PROTECTION A. During landscape work, Contractor shall store materials and equipment where directed, keeping pavements clean and work areas and adjoining areas in an orderly condition. B. Contractor shall protect landscape work and materials from damage due to landscape operations, operations by other trades and trespassers. Contractor shall maintain protection during installation and maintenance periods, and shall treat, repair or replace damaged landscape work as directed by Owner. 3.04 MAINTENANCE A. Natural Areas shall be maintained according to the requirements of Section 02929 ESTABLISHMENT PERIOD MAINTENANCE AND MANAGEMENT FOR NATURAL AREAS of these Specifications for the duration of the maintenance period. 3.05 WATERING A. Water for landscaping shall be obtained by the Contractor at his/her expense. Pumping water from the • adjacent water bodies that are within the project limits and under project Owner's jurisdiction for 246536 02928-8 • temporary irrigation purposes of natural plantings is acceptable as per DNR Division of Waters rules. 24 hour notification to Owner prior to any pumping is required. 3.06 REVIEW AND ACCEPTANCE OF WORK A. Preliminary Review: I. Upon completion of the seeding and plug establishment work, request a review by the Landscape Architect to determine whether the work conforms to the requirements of the Specifications. 2. Request a review by the Landscape Architect 40 days after plugs are planted to confirm plug and seed establishment success. 3. If it is found that the work does not conform to the requirements of the Specifications, the Contractor will receive written notification from the Landscape Architect of required corrections. 4. Perform corrective work within ten calendar days after the Preliminary Review. S. Upon completion of the corrective work, request another Preliminary Review to determine whether work conforms to the requirements of the Specifications. B. Preliminary Acceptance: 1. When the Landscape Architect determines that the work conforms to the requirements of • the Specifications the Contractor will receive a written notification of Preliminary Acceptance. 2. The three-year warranty period will commence upon the date specified by the notification of Preliminary Acceptance. C. Final Review: 1. At the end of the three-year warranty period, Contractor shall request a review by the Landscape Architect to determine whether the work conforms to the requirements of the Specifications. 2. If Landscape Architect determines that work does not conform to the requirements of the Specifications, the Contractor will receive written notification of required corrections. 3. Perform corrective work within ten calendar days of Final Review. 4. Upon completion of the corrective work, Contractor shall request another Final Review by Landscape Architect, who will determine whether the work conforms to the requirements of the Specifications. D. Final Acceptance: Contractor will receive a written notification of Final Acceptance when the Landscape Architect determines that the work conforms to the requirements of the Specifications. 3.07 FINAL CLEAN-UP A. Upon completion of the work and before preliminary acceptance and final installation payment will • be made, the Contractor shall clean and remove from the site of the work surplus and discarded materials, temporary structures, and debris of every kind. 246536 02928-9 B. The Contractor shall leave the site of the work in a neat and orderly condition equal or better than that • which originally existed. C. Surplus materials removed from the site of the work shall be disposed of at locations approved by the Owner. • • 3.08 WORK BY OTHERS A. Other contractors may be working in areas adjacent to the area of proposed work. Contractor shall coordinate work with the other contractors' work. 3.09 GUIDELINES FOR THE GENERAL SPECIFICATIONS A. Anything mentioned in the governing specifications and not shown on the plans, or shown on the plans and not mentioned in the governing specifications, shall be of like effect as if shown on, or mentioned on, both. B. In case of any discrepancy in the plans or governing specifications, the matter shall be immediately submitted to the Owner, without whose decision said discrepancy shall not be adjusted by the Contractor, save only at his/her own risk and expense. C. Figured dimensions shall govern over scaled dimensions. Where "as shown", "as indicated", "as detailed", or words of that similar import are used, it shall be understood that reference to the drawings is made, unless stated otherwise. END OF SECTION 02928 246536 02928-10 • SECTION 02929 ESTABLISHMENT PERIOD MAINTENANCE AND MANAGEMENT FOR NATURAL AREA PLANTINGS PART 1: GENERAL 1.01 DESCRIPTION A. All Work specified herein shall be performed at the Riley/Marsh Lakes Water Quality Improvements Projects sites. • 1.02 B. All work shall be performed by Contractor meeting minimum qualifications described herein, demonstrating wetland restoration experience, natural resources education, burning credentials and extensive plant knowledge. C. The work specified herein includes providing all materials, equipment, and labor necessary for herbaceous plant maintenance for a period of three years including, but not limited to: ■ Inspection and reporting • Prescribed burning (as necessary) ■ Mowing (as necessary) • Weed Control (as necessary) A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereinafter referred to as Mn/DOT Standard Specifications. 1.03 DEFINITIONS A. Landscape Architect: As designated by the Owner or Engineer. 1.04 QUALIFICATIONS A. Contractor shall perform all work under the direct control of a superintendent conforming to the minimum qualifications, including shoreline restoration experience, natural resources education, experience with prescribed burns and extensive plant knowledge (see submittals). B. Contractor shall not change superintendents without the written approval of Landscape Architect. C. If Contractor, in opinion of Landscape Architect or Owner, fails to provide a superintendent conforming to the minimum qualifications the Contractor shall be considered in breach of the Agreement. D. Bum Foreman to be S-130 and S-190 National Wildfire Coordination Group Certified or equal with a minimum experience level of 10 prescribed burns. • 1.05 SUBMITTALS 246537 02929-1 • A. Submit the following during the three-year maintenance period, at the time the work is requested: 1. Procedures plan for prescribed burning, including a list of contingencies and planned responses to contingencies; notification of neighbors and emergency agencies, fire departments and police departments; and a list of required permits and approvals and methods for complying with them. 2. Procedures plan for herbicide and/or pesticide treatments, including a list of the targeted weeds, insects, and pests; neighbor notification and on -site postings method; list of products, rate of application, limitations or restrictions on product use; and copy of applicator license (if supervisor has changed from project inception). 1.06 EROSION CONTROL A. Contractor is required to continue erosion control methods and maintain previously installed materials, and to install where necessary additional protection to control erosion and sedimentation during their work on the site. Additional erosion control measures shall be considered incidental to plant maintenance. PART 2: PRODUCTS [NOT USED] PART 3: EXECUTION • 3.01 THREE-YEAR MAINTENANCE PERIOD A. Maintenance Period: n U 1. At the direction of the Landscape Architect and in cooperation with the Owner, perform the maintenance work described below during a three-year maintenance period commencing with preliminary acceptance of the work defined above as the receipt by the Installation Contractor of a written notice from the Landscape Architect that the installation work conforms to the requirements of the Specifications. 2. Contractor shall fulfill all mandatory requirements without notification of Landscape Architect. 3. Landscape Architect or Owner will request additional work from Contractor during the three-year maintenance period, as deemed necessary by the Landscape Architect or Owner. This work includes prescribed burning, mowing, herbicide application, and manual weed removal. B. General Requirements (Mandatory): Protection of Existing Conditions: Use every reasonable precaution to prevent damage to existing conditions such as structures, utilities, plant materials and walks on or adjacent to the site of the work. Any damage caused by the Contractor shall be repaired at the Contractor's expense. 246537 02929-2 • 2. Barriers: Maintain existing barriers or provide additional barricades, fences or other barriers as necessary to protect existing conditions from damage during maintenance operations. 3. Hazardous Operations: Do not store materials or equipment, do not allow burning, operation or parking of equipment under the branches of trees and shrubs. 4. Notification: Submit to Owner written notification of any damaged plants and/or structures. C. Inspection and Reporting (Mandatory): 1. Contractor shall notify Landscape Architect at least 24 hours in advance of inspection in order to facilitate coordinated inspection. 2. Once a month (May through October) during the first two growing seasons, Contractor shall inspect for invasive weed encroachment, dead plants and erosion problems. 3. During year three of the maintenance period, Contractor shall conduct inspections during May, July and September to determine condition of the work and need for maintenance activities. 4. After each inspection, Contractor shall prepare and submit to the Landscape Architect a telephone report describing the results of the inspection and recommendations for further maintenance activities. • D. Herbicide or Manual Treatment (As Necessary): 1. Upon discovery of invasive species during scheduled inspections conduct herbicide and/or manual treatments for weed control. 2. Herbicide and/or manual treatments may be required monthly (May - October) for the first two seasons and three times (May, July and September) during season three, or not at all, depending upon site conditions. 3. Upon first yearly herbicide treatment conducted, prepare and submit the treatment plan to the Landscape Architect for approval prior to treatment. 4. Conduct herbicide treatments in accordance with the approved treatment plan. E. Prescribed Burning (As Necessary) 1. At the request and direction of the Landscape Architect and in cooperation with the Owner, perform prescribed burning at the site. 2. Prescribed burning will likely be requested once during the three-year maintenance period. 3. When a request for burning is received, prepare and submit the burning plan specified. • 4. Contractor shall provide a 30-day written notice of intent to bum to an agreed on list of surrounding neighbors, municipal agencies, and other parties as suggested by the Owner. 246537 02929-3 • All costs incurred by Contractor associated with developing and mailing the notice shall be incidental to the prescribed burning procedures as a whole. 5. Contractor shall comply with City of Minnetonka Prescribed Bum Procedures. 6. All permits shall be obtained by the Contractor at the Contractor's expense. F. Mowing: (As Necessary) 1. At the request and direction of the Landscape Architect and in cooperation with the Owner, conduct mowing operations at the site. 2. Mowing may be requested one or more times per year or not at all, depending upon weed growth and whether burning is performed. 3. Use a flail -type mower to prevent creation of mats of clippings. 4. Use low -profile equipment appropriate to slope conditions and to minimize the damage to soils and vegetation. 5. Mow at a height between six and eight inches. Do not mow shorter than six inches. G. Final Review: 1. At the end of the three-year maintenance period, Contractor shall request a review by the Landscape Architect to determine whether the work conforms to the requirements of the • Specifications. 2. If Landscape Architect determines that work does not conform to the requirements of the Specifications, the Contractor will receive written notification of required corrections. 3. Perform corrective work within ten calendar days of Final Review. 4. Upon completion of the corrective work, Contractor shall request another Final Review by Landscape Architect, who will determine whether the work conforms to the requirements of the Specifications. H. Final Acceptance: Contractor will receive a written notification of Final Acceptance when the Landscape Architect determines that the work conforms to the requirements of the Specifications. 3.02 MAINTENANCE SECURITY A. Upon substantial completion of the project, funds will be retained for the extended warranty of wetland seeding and for the extended maintenance period described hereinabove, unless Contractor provides a suitable surety bond or other security acceptable to Owner. The minimum amount of such security shall be $20,000 based on quantity of wetland construction included in the project. Contractor and Owner may mutually agree to an alternative form of assurance. • END OF SECTION 02929 246537 02929-4 0 • SECTION 02930 TREE & SHRUB PLANTINGS PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor necessary to furnish and install trees and shrubs as shown on the Drawings. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Society for Testing and Materials, Current Edition, hereafter referred to as ASTM. C. American Standard for Nursery Stock, ANSI Z60.1-1986. 1.03 SUBMITTALS A. Submit for approval sample of hardwood mulch. B. Submit for approval references and experience for landscaping subcontractor as required by paragraph 1.06E. of this Specification. 1.04 SEQUENCING AND SCHEDULING A. Contractor to coordinate the planting work with grading, with the goal of minimizing lag time between work. B. Contractor to notify Engineer of when planting operations will occur, a minimum of three (3) days in advance. C. It is the Contractor's responsibility to contact the local utility companies for verification of the location of all underground utility lines in the area of work. 1.05 BASIS FOR COMPENSATION 246538 A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Unit Price Measurement and Payment. 02930-1 0 0 0 1.06 QUALITY ASSURANCE A. Codes: Trees and shrubs shall comply with local, state and federal laws relating to inspection for diseases and insect infestation. B. Grading Standards: Trees and shrubs shall meet the requirements set forth in these Contract Documents. hi addition, they shall meet the requirements recommended by ANSI Z60.1. C. Inspection: The Engineer reserves the right to inspect the trees and shrubs at their place of growth and upon delivery for confomrity to specification requirements. Approval of material at those times, does not preclude the right of inspection and rejection during progress of the planting work. D. Handling: 1. Protect plant material from heat and drying out if not planted immediately upon delivery. Set plant material on the ground, and keep continually moist and/or protect with a covering of soil, mulch, or other acceptable material. Material that is not protected in this manner is subject to rejection by the Engineer. 2. Lift balled and burlapped material from the bottom only, using straps or webbing to avoid cutting into the root ball. 3. Tying of branches shall be done with rope or twine only, and in such a manner that no damage will occur to the bark or branches. 4. Protect plants from wind and sun at all times by using tarpaulins or covers to prevent foliage, branches, and roots from drying out. E. Contractor's Qualifications: Contractor to submit a minimum of three project references (list only projects that were installed under the foreman assigned to this project). Include the Client and/or Landscape Architect's name and phone number for Engineer to contact. Foreman to have a minimum of five years of experience in landscape installation and have horticultural training. All crews to be familiar with planting procedures and be under the supervision of a qualified foreman. PART2: PRODUCTS 2.01 TREES and SHRUBS: Provide as specified on Plant List located on the project Drawings. Do not make substitutions without prior approval by Engineer. 2.02 MULCH A. Finely Shredded Hardwood. 2.03 PLANTING SOIL: Planting soil should have a loose, friable, moist texture. If suitable, backfill plantings using soil dug from planting operation. If additional planting soil is required, use equal parts clean, course granular sand and topsoil free of plant parts and seeds and meet the requirements of Mn/DOT 3877.2. 2.03 WATER: The Contractor responsible for keeping trees and shrubs watered. 246538 02930-2 0 2.04 TREE PROTECTION TUBE A. Tree Protection Tube shall be seamless, extruded, twin -wall, rigid and semi translucent polypropylene tubes with laser line perforation and an outward -flared top rim. B. Shall include a plastic photodegradable netting cover and sleeve over the top of the tube to prevent entrapment of birds. PART 3: EXECUTION 3.01 TIME OF PLANTING A. Planting operations are to be conducted under favorable weather conditions during the following planting seasons: Spring: April 1 to June 15 Fall: September 1 to November 30 3.02 LAYOUT OF TREES AND SHRUBS A. Contractor to contact Engineer to have plantings staked. Engineer to stake locations for trees, shrubs and perennials conforming to the Planting Plan and layout remarks in the Plant Schedule. 3.03 PLANT PIT EXCAVATION sA. Excavate plant pits in the approved locations and in accordance with the Planting Details shown on the Planting Plan. B. In the event that rock or underground obstructions are encountered in any of the tree locations, alternate locations may be selected by the Engineer. Contractor to notify Engineer so that alternate location can be staked and approved. 3.04 PLANTING A. Plant trees and shrubs in accordance with the Planting Details shown on the Planting Plan. 3.05 MULCH A. All exclusively shrub, or shrub and tree plantings shall be mulched with 4 inches of shredded hardwood mulch. 3.06 TREE PROTECTION TUBE A. All tree protection tubes shall be secured with nylon ratchet -locking ties attached to a 1" x 1" white oak stake to prevent dislodging or twisting. Imbed the bottom of the tube a minimum of 1" below the soil surface without disturbing the tree roots. 246539 02930-3 • 3.07 CLEAN UP A. Clean-up the entire area around planting operations and restore to its original condition. This work shall include replacement of any and all sodded or seeded areas damaged by Contractor's planting operations. 3.08 INSPECTION AND ACCEPTANCE A. Contractor to request an inspection by Engineer of completed work. Engineer will produce a punch list following the inspection. The punch list will note all repairs, replacements, or work completions which may appear at the time to be necessary in the judgment of the Engineer. Engineer will deliver a copy of the punch list to the Contractor. Upon completion of all work identified on the punch list, a second inspection will be made. Such procedure will continue until all items of the punch list are corrected. Upon completion of a satisfactory inspection, the Engineer will recommend that the Owner accept the work as complete, provided all requirements of the extended maintenance and guarantee are met. 3.09 MAINTENANCE AND GUARANTEE A. Contractor to guarantee all plant material under this contract for a minimum of one full year from the time of Owner acceptance. 1. Replacements: At the end of the Guarantee Period, all plants shall fulfill all the requirements of these specifications with regard to quality and condition; further, they • shall be free of dead branches and twigs and shall bear a minimum of 50% of the foliage present when planted having normal density, size, shape and color as determined by the Landscape Architect. Any plants failing to satisfy all these conditions shall be replaced as soon as possible. Plants may be replaced prior to the end of their guarantee Period if such an agreement exists between the Contractor and the Engineer. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. • 2. Replacement Guarantee: Replacement stock shall not be guaranteed. 3. Final Acceptance and Payment: A final inspection will be held after the end of the Guarantee period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer and payment will be issued for the amount of the retainage. END OF SECTION 02930 246538 02930-4 • • SECTION 02950 SITE RESTORATION PART 1: GENERAL 1.01 DESCRIPTION A. All Work included in this Section shall be performed in accordance with the following paragraphs, the General Requirements set forth in Division 1 of these Specifications, and the provisions of the other Contract Documents. B. Work covered under this Section includes providing all materials, equipment, and labor to restore all disturbed areas, and includes final grading, soil preparation, seeding, mulching, sodding, tree planting, and all other work as may be necessary, all in accordance with the Contract Documents including, but not limited to: 1. Restoring all areas disturbed as a result of Contractor's performance of the Work. 2. Topsoil, seed, and mulch along trails and all other disturbed areas as shown on the Construction Drawings and specified by the Engineer. 3. Place sod in damaged areas or for erosion control as directed by the Engineer. 4. Furnish and install shrubs and cuttings at locations to be determined by the Owner or Engineer. 5. Areas disturbed by Contractor for access purposes or used as laydown areas to be restored in kind at the Contractor's expense. 1.02 REFERENCES A. Minnesota Department of Transportation Standard Specifications for Construction, 2000 Edition, hereafter referred to as Mn/DOT Standard Specifications. B. American Standard for Nursery Stock, ANSI Z60.1-1986. 1.03 SUBMITTALS A. Contractor shall submit all product information a minimum of two weeks prior to the Work. B. Contractor shall submit test results for topsoil from off site source to be incorporated into the work a minimum of 2 weeks prior to use on the site. 1.04 SEQUENCING AND SCHEDULING A. Contractor to coordinate the planting work with sod and site grading work, with the goal of minimizing lag time between work 246575 02950-1 • B. Contractor to notify Engineer when planting operations will occur, a minimum of three (3) days in advance. C. It is the Contractor's responsibility to contact the local utility companies for verification of the location of all underground utility lines in the area of work. 1.05 QUALITY ASSURANCE A. Codes: Shrubs and cuttings shall comply with local, state and federal laws relating to inspection for diseases and insect infestation. B. Grading Standards: Shrubs shall meet the requirements set forth in these Contract Documents. In addition, they shall meet the requirements recommended by ANSI Z60.1. C. Inspection: The Cities and Engineer reserve the right to inspect the trees and shrubs at their place of growth and upon delivery for conformity to specification requirements. Approval of material at those times, does not preclude the right of inspection and rejection during progress of the planting work. D. Handling Plants: 1. Protect plants from heat and drying out if not planted immediately upon delivery. Set plants on the ground, and keep continually moist and/or protect with a covering of soil, mulch, or other acceptable material. Plants that are not protected in this manner are subject • to rejection by the Cities or Engineer. 2. Protect plants from wind and sun at all times by using tarpaulins or covers to prevent foliage, branches, and roots from drying out. E. Foreman to have a minimum of five years of experience in landscape installation and have horticultural training. All crews to be familiar with planting procedures and be under the supervision of a qualified foreman. 1.06 BASIS FOR COMPENSATION A. Compensation for all Work covered under this Section of these Specifications shall be as set forth in Section 01270, Measurement and Payment. PART 2: PRODUCTS 2.01 TOPSOIL A. Topsoil may be obtained from topsoil stockpiled during site preparation work.. Any imported topsoil furnished by Contractor shall conform to the requirements of Mn/DOT Standard Specification 3877.2A. 2.02 SEED A. The seed mixture shall be Mn/DOT Seed Mixture 250, applied at the rate specified below as • specified in Mn/DOT Standard Specification 3876.2F. 246575 02950-2 • Seed Pounds per Acre Mn/DOT 250 70 (78.3 kg/ha) 2.03 SOD A. New sod shall conform to all requirements of Mn/DOT Standard Specification 3878 for Mineral Sod as specified in 3878.2D. 2.04 MULCH A. Mulch material shall be Type 1 mulch as specified in the Mn/DOT Standard Specification 3882.2 or approved equal. 2.05 SHRUBS A. All new shrubs shall conform to the requirements of Mn/DOT Standard Specification 3861 Plant Stock or equal approved by the Engineer. Species I Type Qty Smooth sumac Rhus labra 18" bareroot 250 2.06 LIVE BRANCH CUTTINGS • A. All live branch cuttings shall conform to the requirements of Mn/DOT Standard Specification 3861 Plant Stock or equal approved by the Engineer. • Species Type Q Black chokecherryAronia melanoca a 314" minimum stem base dia. 250 Silkydogwood Comus amomum 314" minimum stem base dia. 250 Sand bar willow Salix exi ua 3/4" minimum stem base dia. 250 Red -osier dogwood Comus seficea 3/4" minimum stem base dia. 250 B. Cuttings shall consist of woody sterns at least 18" to 4.5' in length with a'/4" minimum to 1-1/2" maximum diameter at butt end. C. All live branch cuttings shall be planted in the dormant season Woody plants can be considered dormant when their buds are set in the fall, usually after the first hard freeze, until late winter to early spring when buds are noticed to swell. D. All live branch cuttings shall be held in cold storage, around 28 IF, until they can be planted. Materials should be cut and placed in a container of water to be transported to the site and kept in water until installed 246575 02950-3 . PART 3: EXECUTION 3.01 GENERAL A. After work in a particular area has been completed, the areas shall be final -graded as shown on the Drawings. Grading shall be performed in a manner that will minimize erosion. After final grading, all disturbed areas shall be covered with topsoil, seeded, fertilized and mulched, or sodded. Turf restoration shall be in accordance with Mn/DOT Standard Specifications 2575 and as specified herein. B. Coordinate the turf establishment work with the grading and finishing operations to provide turf protection as soon as possible after areas have been graded. 3.02 TOPSOIL PLACEMENT AND GRADING A. Place stockpiled topsoil uniformly over entire area to be sodded or seeded to a minimum depth shown on the Construction Drawings. In the event that topsoil has been disturbed or is not of acceptable depth prior to application of sod or seed, supplement topsoil in area to bring it up to the above specified depth. All areas receiving sod or seed shall be worked until the soil is completely fined and in a mellow condition, and to a smooth, even finish grade. All holes, depressions and rivulets shall be filled in to ensure no disruption of established drainage patterns. All rubble, sticks, branches, or stones and extraneous material over '/e inch diameter on the surface, which will interfere with the sod shall be picked up and removed. • B. Immediately prior to sodding or seeding, Contractor shall loosen topsoil to a depth of 3 inches on all areas except slopes steeper than 2 horizontally to 1 vertically using discs, harrows, tiller rakes to produce fine grade. On slopes steeper than 2:1, use cultivating equipment in general direction at right angles to the direction of surface drainage wherever practical. C. Prepare ground so top of new seeded area or sod area will be flush with adjacent sod, adjacent walks, and permanent surfacing. 3.03 SEEDING A. Seed shall be sowed in accordance with Mn/DOT Standard Specifications 2575.31) and as specified herein. The soil shall be prepared less than 48 hours prior to seeding. Seed shall be applied at the rate specified B. The specified seed mixture shall be a uniform blend of the designated seeds, and shall be uniformly spread and sown by means of mechanical equipment. All mechanical equipment used in the seeding operation shall be operated in a general direction at right angles to the direction of surface drainage whenever practical. Provisions shall be made by markers or other means to ensure that the successive seeded strips will overlap. Seeding shall be done before the soil prepared for seeding becomes eroded, crusted over, or dried out. Seeding activities will be suspended or altered as directed by Engineer when soil conditions become excessively wet or dry. C. Seeding shall be performed mechanically with equipment designed for even distribution of seed. The seed may be applied by (1) a tractor -drawn rotary spreader or seed drill (except that tractor - drawn equipment will not be permitted on previously seeded and mulched areas), or (2) a hand - operated or manually pushed mechanical spreader. The use of hand -operated or manually pushed M575 02950-4 mechanical spreaders will be permitted only in areas where it is inaccessible for other equipment. • During windy weather, no seeding shall be done with hydro -seeding devices. D. All seeded areas shall have the seed bed firmed after seeding and prior to mulching. In these areas, soil firming shall be performed using a corrugated cultipacker or other Owner -approved soil -firming equipment. Soil firming shall be accomplished the day seed is applied. 3.04 MULCHING A. Mulch shall be applied in accordance with Mn/DOT Standard Specifications 2575.3F except the rate of application shall be 4 tons per acre and as specified herein. All seeded surfaces shall be mulched the same day seed is applied. Should mulch application be delayed to the next day, the area shall be reseeded and refirmed at the Contractor's expense. B. On slopes of 1 foot vertical rise in 4 feet horizontal distance (4:1) or flatter, Mn/DOT Type 1 mulch shall be embedded by a disc -type roller having flat serrated discs spaced not more than 10 inches apart. The disc -type roller shall be maintained during mulch anchoring operations to ensure the mulch is incorporated into the ground as specified. The mulch roller shall be operated in a general direction at right angles to the direction of surface drainage whenever practical. The mulch shall be embedded in the soil a sufficient depth to prevent the loss of mulch by wind or water erosion. Mulch shall be disc -anchored the same day it is placed. C. On slopes steeper than 4:1 or other areas where Type 1 mulch cannot be anchored to the soil by the above -described disc anchoring procedure, the Contractor shall mulch these areas by spreading Mn/DOT Type 1 mulch over the exposed soil at a rate of 4 tons per acre. The same • day it is applied to the soil the mulch shall be covered with polypropylene netting. The netting shall be anchored to the soil in accordance with the manufacturer's recommendations and Mn/DOT Specification 3883. All slopes steeper than 4:1 that are hydro -seeded shall also contain an Engineer -approved tackifying paper mulch in addition to a Type I mulch and polypropylene netting. • D. On steep slope areas, wood fiber blanket shall be used as designated by the Engineer following seeding operations. In areas where wood fiber blanket is used, polypropylene netting shall not be installed. E. Following the mulching operation, precautions shall be taken to prohibit pedestrian or vehicular traffic over the mulched area. Any mulch which is displaced by such activities shall be replaced at once, but only after the work preceding the mulching, which may have been damaged as a result of the displacement, has been acceptably repaired. Mulching activities will be suspended or altered as directed by Engineer when soil conditions become excessively wet or dry. 246575 02950-5 • 3.05 TIME OF PLANTING A. Planting operations are to be conducted under favorable weather conditions during the following planting seasons: Spring: April 1 to June 15 Fall: September 30 to November 30 (coniferous plant material Aug. 15 to Oct. 1) 3.06 INSPECTION ON SITE A. Engineer to approve all plants at site prior to installation. 3.07 LAYOUT OF TREES A. Engineer will stake plant locations prior to any digging. 3.08 PLANTING OF SHRUBS A. Planting of shrubs shall conform to the requirements of ivin/DOT Standard Specification 2571 Plant Installation and as shown on the Drawings. 3.09 PLANTING OF CUTTINGS A. Cuttings shall be inserted into the soil at right angles to the slope face. Set the materials as deep as possible with at least the bottom 12 inches into a saturated soil layer. • B. The Contractor shall make a pilot hole by driving a tool, as a pry bar or rebar, through the rip rap and filter layer, reaching the ground soil; care must taken to avoid splitting the planting material. • C. Tamp the cutting so the bottom end is in good contact with soil. Care shall be taken not to split the ends or damage the bark of the cuttings. D. Placement shall be 2 feet on center using a triangular spacing in locations as directed by Engineer. 3.10 CLEAN UP A. Clean-up the entire area around planting operations and restore to its original condition. This work shall include replacement of turf damaged by Contractor's planting operations. 3.11 INSPECTION AND ACCEPTANCE A. Contractor to request an inspection by Engineer of completed work. Engineer will produce a punch list following the inspection. The punch list will note all repairs, replacements, or work completions which may appear at the time to be necessary in the judgment of the Engineer. Engineer will deliver a copy of the punch list to the Contractor. Upon completion of all work identified on the punch list, a second inspection will be made. Such procedure will continue until all items of the punch list are corrected. Upon completion of a satisfactory inspection, the Engineer will recommend that the Owner accept the work as complete, provided all requirements of the extended maintenance and guarantee are met. 246575 02950-6 3.12 MAINTENANCE AND GUARANTEE • A. Contractor to guarantee all shrubs under this contract for a minimum of three (3) full growing seasons from the time of Owner acceptance. • Replacements: At the end of the Guarantee Period, all plants shall fulfill all the requirements of these specifications with regard to quality and condition; further, they shall be free of dead branches and twigs and shall bear a minimum of 50% of the foliage present when planted having normal density, size, shape and color as determined by the City Any plants failing to satisfy all these conditions shall be replaced as soon as possible. Plants may be replaced prior to the end of their guarantee Period if such an agreement exists between the Contractor and the City. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. 2. Replacement Guarantee: Replacement stock shall not be guaranteed. 3. Final Acceptance and Payment: A final inspection will be held after the end of the Guarantee period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer and security will be returned to Contractor or payment will be issued for the amount of any retainage. 3.02 MAINTENANCE SECURITY A. Upon substantial completion of the project, funds will be retained for the extended replacement guarantee of shrubs described hereinabove, unless Contractor provides a suitable surety bond or other security acceptable to Owner. The minimum amount of such security shall be $20,000 based on quantity of shrubs included in the project. Contractor and Owner may mutually agree to an alternative form of assurance. END OF SECTION 02950 246575 02950-7 r N EL-863.5 =63 878� xEL_676.6 woo xEL-876.7 000 XE�-876.5 xf1-876.2 L •Aa-876.8 xEL=676.4 xEL=678.1 ,y • xEL•' 1�LSsie.6 •�. xEL-876.5 ••! 8131 LNKOTA LANE OJ J 8129 DAKOTA LANE rn -1 sm SMI-SML SN1 1212//- 6" SVuce N I /a6" M 9127 a4KOTA LANE MCES 66" INTERCEPTOR SEWER 'SA", _ sN+ CES 66 � Choinlink se,l Ism ,sm,sm N+ Fence SM1� am •857.2 WETLAND DELINEATION BO NDARY KA ? JCIiY OF CHANHASSEN is �/#aple V>- Nag so$ 1 L= u Wood Fence 1.1 EL=860.5 - M y�d66 � 39N xEL=881.3 \ \1.0 zEL-680.5 0 -e- x L=882.1 EL=850.6 SW EL -NI EL=gp�p@1.yp� EL=BBtO SN! xEL-881.9 tllLUln lO Qtll �.M1'�SE%L_ L=eez.o TAP IOa� ]#1(1� s1+�� 66_MCE P1 '�•'x'��a�L,�.�SW EL=tl A I�Mlsr�-tL=880. 72 i i xEL-881.6 - xLt3880.6 - xEL-866.5 C!7Y OF CHOMS•SFN xEL=880.7 l61.2 xEL=860.4 zEL=860.4 880� xEL=879.9 R RAP FlLL ,1�LW,4. i sQ. xn;.e77. : • : ' •' ' - •�... ��.E•L@etisee 6r3T�� L-851.3C =6 ; •. .I• I • .i. ELL 1e.3 7 EL e81. .� yI, . •. p�,1 � t7q L ,iEl-Bi].8• .. ,." .:. ••r• '•�. •�.•. �� �P`-� __. _._ � .� Y �e]�8 8EL' }i'1'•$\V,' � ,.,\''.. 1 r � +' •I• � , •• •' x xEL=879.2 •. LLElp879.7 EL 5 •41=678,!• =8]9.0 ~r; xEl:eZ7. .. " , N; '. +.,' r +Er.!' i 't. • .: i' t .xEL=a77.4 xEL=a;`. TP'N '1 1 f: xEL 9�J.$, • ,4. .+4•'i: .1 �y,%EL-0i..4 N L•. , 6 1 ..S : -�j_.. _'v _-... .:".:. f •YS' '`" •�. xEL=878.5 =677.0 ,• x AhjS �'.. _B 1' •' E 8782 . xEL=eZ75" " :•'r'! L 7.2 .., •,. 1. V K zE'877 ^B' ' _ •': � xEL,-877.9 .. , .. .xEL. ,576.7 •xEL 6 .] .:. •L' •• EL-8•J62• I�• , REL • ] • �\)J f xEL-679.3 xEL-879.4 xEL=679.6 !WETLAND DELINEATION BOUNDARY . r.• CIIL .. •x ! '*E4 B>8,7.•.i 8� L ] xF1=6� xEL=67i6 873.' c, 6 EL=67577.7 • Lid xELr876.5 ' .. •.. • , • \ + d •'r, +•. i '•`. 8 7 7 ... C11Y OF CHANHASSEN _ ... _ ... _ ... \ 4I. f '.. , • :. . • :;' ,1 ... • l :•; J• EL=876J N. \ OPEN WATER x ' " .. .. I (1 oily\ ••� • • • Sri\ .. ... ,, �EXI$TING EL... W876:. • •.. ,.,n: .. :. \ I :P ti +L l OVERFLOW, RIPRAP FILL 1 :, ' : BELOW N.W.L. (350 SQ. FT.) • :• ,1 „ . L 7:1 ..... :' �. RICE MARSH LAKE :'' e72 :,•ff73 874;: :b, ((N.W.L.=875.20) O 0 30 60 I I SCALE IN FEET IFS WETLAND FILL CONVERSION OF WETLAND TO UPLAND FT.) 11LR01111A1 ):i FILL IN WETLAND AREA-RIPRAP (1049 SQ. FT.) ®FILL POTENTIAL CONVERSION OF TYPE 3/4 WETLAND TO TYPE 2 WETLAND (3712 SO. FT. ) WETLAND EXCAVATION (115,639 SO. FT.) TREATMENT POND WATER QUALITY (5,276 SQ. FT.) "MnDNR HAS STATED THAT ALL WETLAND ,EL-876.6 IMPACTS, BELOW AN ELEVATION OF 877 .EL-8768 M.S.L. WILL FALL UNDER THEIR JURISDICTION." RICE MARSH LAKE PARK BALL FIELD v¢L-878.3 xEL-878.3 xEL=877.8 xEL-877.7 xEL• 877. ,.E,=876.5 YEL-E OVERFLOW, RIPRAP FILL BELOW N.W.L. (350 SQ. FT.) EXISTING N.W.L.=876.0 PROPOSED N.W.L.=877 RECEIVED DEC 2 8 2005 CITY OF CHANHASSEN 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 THEPROFESSIONAL STATE OF MINNEER UNDER SIGNATURE CUENT Project Office: BARR ENGINEERING CO. MINNEAPOLIS, MN. BARR MINN WEST , MN 5W5-4= CorporateIsHeadquarters: Ph: 1-500-632-2277 Minneapolis, Minnesota Fox: (952) 832-2601 Ph: 1-800-832-2277 www.barrcom scale 1 AS SHOWN RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT CHANHASSEN/EDEN PRAIRIE, MINNESOTA LAKE RILEY/RICE MARSH LAKE WATER QUALiiY IMPROVEMENTS CHANHASSEN EDEN PRAIRIE, MINNE50TA WR PROJECT No. 23 2%-E61 BID Date 10-6-05 Drawn NRD CLIENT PROJECT No. Checked SITE RM-1 1 WETLAND MITIGATION PLAN RELEASED TO/FOR A B C DATE 0 1 2 3 RELEASED Designed DWG. No. W-01 REV. No. A NO. BY DATE REVISION DESCRIPTION PRINTED NAME pA� REG. NO. APProved 0 a N 1a N n N b N O fV N M m O N N P p 'aG I O N of N N I O ^ a to to N ; v, I _N N Y) N N ,p 1 n n i P BY ICHKJAPPJ DATE I REVISION DESCRIPTION I HERESY CERTIFY THAT THIS PUN, SPECIFICATi01 OR REPORT WAS PREPARED BY ME OR UNDER N DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. SIGNATURE PRINTED NAME REG. NO. RELEASED I f% 1 o 1 %, I v I I TO/FOR I DATE RELEASED Minneapolis, Minnesota Ph: 1-800-632-2277 Project Office: BARR ENGINEERING CO. 4700 WEST 7M STREET MINNEAPOLIS. MN. 55435-4803 Ph: 1-800-632-2277 Fax: (952) 832-2601 www.barr,com 78TH ST. rc vc 2 0 0 30 60 I I SCALE IN FEET TEMPORARY WETLAND FILL: (675 SO. FT.) TO BE RESTORED • • • • • * • TO EXISTING CONTOURS AFTER EXCAVATION OF STORMWATER POND FILL IN WETLAND AREA-RIPRAP (298 SQ. FT.) WETLAND EXCAVATION ` (22,648 SQ. FT.) EXISTING N.W.L.=931.52 PROPOSED N.W.L.=931.52 10-6-05 LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS NRD ]RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT CHANHASSEN/EDEN PRAIRIE, MINNESOTA CHANHASSEN/EDEN PRAIRIE. MINNESOTA SITE RM-2.2 WETLAND MITIGATION PLAN 7-E61 7 c 9 9 a 0 10 20 I .... i...,1 I SCALE IN FEET WETLAND FILL (896 SO. FT.) FILL IN WETLAND AREA—RIPRAP (560 SQ. FT.) WETLAND EXCAVATION (2090 SO. FT.) REMOVAL OF ACCUMULATED SILT TO DEPTH NO GREATER THAN INITIAL EXCAVATION (1081 SO. FT.) EXISTING N.W.L.=888.50 PROPOSED N.W.L-888.50 I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER NY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER MIN UNDER THE LAWS OF THE STATE NG MIER UNDO SIGNATURE55435-4803 PRINTED NAME a,� �, �, CUENT Project Office: BARR ENGINEERING CO. 4700MINNPOT MN. BARR 470o WEST 77TH STREET Corp a to Headquarters: Ph: 1-300-632-2277 Ph: 1—OW-632 22277 www.barrcom32-2801 MinnNO. Scats AS SHOWN RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT CHANHASSEN EDEN PRAIRIE* MINNESOTA LAKE RILEY/RICE MARSH LAKE WATER QUALITY I�IPRONEMENi5 CHANHASSEN EDEN PRAIRIE. MINNESOTA BARR PROJECT No. 23 27—E61 Dam Drawn 10-6-05 NRD CLIENT PROJECT No. Checked SITE RM-2.5 WETLAND MITIGATION PLAN BY DATE REVISION DESCRIPTION RELEASED TO/FOR A B C DATE 0 1 2 3 RELEASED Designed DWG. No. W-03 REV. No. A Approved Y M O O O N O N 11 a a 0 3 O M N N W n N in N v V i P 4 0 30 60 I I I SCALE IN FEET WETLAND FILL (5,872 SQ. FT.) FILL IN WETLAND AREA—RIPRAP (1,461 SO. FT.) TEMPORARY WETLAND FILL: • ' (25 SQ. FT.) TO BE RESTORED TO •'•'•`•'•`•`•` EXISTING CONTOURS AFTER EXCAVATION OF STORMWATER POND WETLAND EXCAVATION (62,078 SQ. FT.) ��������1141 � e ������� •e . "MnDNR HAS STATED THAT ALL WETLAND IMPACTS, BELOW AN ELEVATION OF 877 M.S.L. WILL FALL UNDER THEIR JURISDICTION." EL. OF POND 4/1/05 = 877.08 EXISTING CONTROLLED OUTLET EL. = 879.45 PROPOSED (N.W.L.) OUTLET EL.=878.00 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 SIGNATURE PRINTED NAME • DATE REG. NO. CUENT Project Office: BARR ENGINEERING CO. ���� 4700 WEST 77TH STREET MINNEAPOLIS, MN. 55435-4803 Corporate Headquarters: Ph: 1-800-632-2277 Minneapolis, Minnesota Fax: (952) 832-2601 Ph: 1-800-632-2277 www.barr.com Scale AS SHOWN RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT CHANHASSEN/EDEN PRAIRIE, MINNESOTA LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CWWIiASSEN EDEN PRAIRIE. MINNESOTA BARR PROJECT No. 23 27-E61 BID Date 10-6-05 CONSTRUCTION Drawn NRD CLIENT PROJECT No. Checked SITE RM-2.6 WETLAND MITIGATION PLAN RELEASED TO/FOR A B C 0 1 2 3 DATE RELEASED Designed DWG. No. W-04 REV. No. A 140. BY CHK APP. DATE REVISION DESCRIPTION Approved MH I >n I 5 V I ROLow C4 R � Iti AA EL-9635 N 956 1 T nF kgapl. w*—Uem er+ r+NNER ME, ON r , OWN yet.' � • e>s..I ------------- 0 0 30 60 1, i, i I I SCALE IN FEET ��2TPIEV, FILL IN WETLAND AREA —RIP RAP o � � ��a� o (780 SQ. FT.) I1!1TWETLAND FILL IN HISTORIC UPLAND O WETLAND EXCAVATION REQUIRING REPLACEMENT WITHIN HISTORIC WETLAND (54,895 SQ. FT.) WETLAND EXCAVATION NOT REQUIRING REPLACEMENT IN HISTORIC UPLAND (88.493 SQ. FT.) .•�AMITOTIC UP WATER QUALlry TREATMENT POND C/TY OF CHANhaSE -M-966.0 I•: SCMTURE _ PRINTED NAME qRB pR�,UM L8 VD OF OR I AM • e � v>®�a�,�•�i�.;OMNI dam® i ale • HIGHWAY 5 Top 20" RCP e EL-954.61 .�Bso.fi F.E.S. 20' RCP -----� =952.69 RIPRAP FILL (28 SQ. FT. IN HISTORIC L- o) (184 SQ. FT. IN HISTORIC UPLAND) Project Office: Scots AS SHOWN OKWIRUCTION BARR ENGINEERING CO. Date 10-6-05 BARR4700 WEST77TH STREET Drown NRD RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT MINNEAPOLIS, MN. 55435-4803 Checked CHANHASSEN/EDEN PRAIRIE. MINNESOTA RELEASI3 ED A C 0 � 2 3 Corporate Hsadquarten: Ph: 1-800-832-2277 Designed Minneapolis, Minnesota Fax: (952) 832-2601 TO/FOR DATE RELEASED Ph: 1-800-632-2277 www.barr.com Aaaro ', .EL.95f. 9 EXISTING N.W.L.=945 PROPOSED N.W.L.=945 FT. IN HISTORIC UPLAND) LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENTS CHANfV►Ssal/EDEN PRAIRIE, MINNETOTA SITE RM-6.5 WETLAND MMGATION PLAN W —E61 A 1 �1 _gyp P-0W r Lop p ELLe ] P .� PONr ►' WD _ /�T1tER ,�..r r... 94 9A M 9). ) i n i1 CL EI RPRAP WIIH 6 B 41 GRANULAR V F NAND YPE F r r � TABRIC. r 8 L FORE flAY -- T-"`•.n..... cw OF 04AM/ASSEN m Cm ov xv w sscN N�CMv AY S LRpI$ V / rrta OHIFAEpI Boumaw CASONC ASSEMBLYgFMOVE NEENAN R-16!] E%5DN0 15' RCP FES. NJ. R "g-Ue nN our-wso y IXISDNC GRPDE- 9 E] fY PCP PGRADE ROPOSED — — —._ _ _ _ _ _ _ — ---- — — — — — — — — — MAIN `!8 - iB RfA CL II (APPRO%IMATE) i, CL NI RIPPAP O 2.081( INCLUDING ^SECTION: MANHOLE 141 AND OUTLET R US, TRASH RACK AND OE BDLn �5�-0• o s 10 1 J RO 1-9-0 REV_ PONp GAS WVN FASEHENi ,idler c[msr 1wd ws ttµ g[nF iqx, SCALE N FEET 'y ow Hover ra vWvram er �c oe A m N osccr sPVAsvx uro iH,1 I r A YAr iraaco .eorasveu LHYR> — aMN p,' RAPR co. AS SIIOVIN lA1Q ILLEY/RICE WRSH l/Q MA7FR Wl1fY �FROLIX5 U& PRDI CT N. LaFlr rlc ws or M znrz or I..Aso,A !]OD M S W4hPOLbM BARR . Y•f �, i�i am, � Fes. Pn ,-eao-eu-,zn ... m..a.. o,,.. —1]—OEUEEN RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT CHANHASSEN/EDEN PRAIRIE, MINNESOTA CWWNSSENN/EDEEN PRNREMINIESOTA 23 � A 8 C 0 SffEPRLAN 6.5 CUNi PWECT No °P'rrd _Rsan c w.,�...e aTe wn T ,om AYG n. +m� N0. BY R AP P GATE REVISION DESCRIPTION qrl r.qm ro/raR 1 2 3 DAIS RELEASED DI no REV1. nV yywr C-12 Barr Engineering Company 4700 West 77th Street • Minneapolis, MN 55435-4803 Phone: 952-832-2600 • Fax: 952-832-2601 • www.barr.com An EEO Employer Minneapolis, MN • Hibbing, MN • Duluth, MN • Ann Arbor, MI • Jefferson City, MO To: Brad Wozney, Joe Yanta, Greg Date: December 27, 2005 Graczyk, Julie Ekman, Lori Haak, and Leslie Stovring c: Bob Obermeyer Project #: 23 / 27 — E61 HMR 001 Re: Lake Riley/Rice Marsh Lake Water Quality Improvement Wetland Replacement Plan We are sending you: ❑ Correspondence ® Reports ® Plans ❑ Copy of Letter ❑ Specifications ❑ Other: No. of Copies Description 1 Draft Wetland Replacement Plan 1 Draft Wetland Mitigation Plan Sheets These are transmitted as checked below: ❑ For approval ❑ As requested ❑ Other: ❑ For your use ® For review and comment: Remarks: Greetings, Attached is the draft Wetland Replacement Plan (WRP) for the proposed Lake Riley/Rice Marsh Lake Water Quality Improvement Project. I look forward to discussing the WRP during our January 3 TEP meeting (9 AM, Coutyard Conference Room at Chanhassen City Hall). Sent by: Mark Wilson Phone: 952 - 832 - 2610 RECEIVED DEC 2 8 2005 opo CHANHASSEN PA23\27\E61\Wet1and Replao menA RANSMITlAL LETTEI Am Riley -Purgatory -Bluff Creek Watershed District's Lake Riley and Rice Marsh Lake: Water Quality Improvement Project Wetland Replacement Plan December 2005 V{ECEIVED DEC 2 8 2o55 q�y �F CHANHP.SSEN Riley -Purgatory -Bluff Creek Watershed District's Lake Riley and Rice Marsh Lake: Water Quality Improvement Project Wetland Replacement Plan December 2005 4700 West 77th Street Minneapolis, MN 5S435 Phone: (952) 832-2600 Fax: (952) 832-2601 Riley -Purgatory -Bluff Creek Watershed District's Lake Riley and Rice Marsh Lake: Water Quality Improvement Project Wetland Replacement Plan Table of Contents 1.0 Introduction............................................................................................................................................1 2.0 Background............................................................................................................................................3 3.0 Project Description.................................................................................................................................5 3.1 Project Need................................................................................................................................5 3.2 Project Plan .................................................................................................................................7 3.2.1 Rice Marsh Lake............................................................................................................7 4.0 Sequencing Analysis..............................................................................................................................8 4.1 No Build Alternative...................................................................................................................8 4.2 Wetland Avoidance Alternative..................................................................................................8 4.3 Proposed Alternative...................................................................................................................9 5.0 General Environmental Setting............................................................................................................12 6.0 Wetland Delineation.............................................................................................................................13 6.1 Wetland Delineation and Classification Methods.....................................................................13 6.2 Wetland Descriptions................................................................................................................14 7.0 Wetland Impacts and Mitigation..........................................................................................................20 i List of Tables Table 1 Riley -Purgatory- Bluff Creek Watershed District Lake Management Table Table 2 Wetland Impact Summary Table 3 Wetland Mitigation Summary List of Figures Figure 1 Lake Location Map Figure 2 Site Location Map Figure 3 Lake Riley and Rice Marsh Lake Total Phosphorus — 1971 through 2002 Figure 4 Lake Riley and Rice Marsh Lake Land Uses under Existing (1997) Land Use Figure 5 Phosphorus Release Rates from the Anoxic Sediments of Rice Marsh Lake List of Appendices Appendix A Combined Project Application Form Appendix B Draft Application for Withdrawal of Wetland Credits Appendix C Lake Riley UAA Executive Summary Appendix D Wetland Data Forms Appendix E Carver County and Hennepin County Soil Survey Appendix F Project Wetland Impact/Mitigation Plans Appendix G Project Grading Plans, Erosion Control Plans, and Planting Plan Appendix H Wetland Delineation Report Appendix I Wetland Delineation Decision Appendix J Project Location/Location of Proposed Wetland Impacts, Adjoining Property Owners, and Status of Other Approvals Appendix K Historic As -built: RM-2.5 Appendix L Historical Photographs and Precipitation Data- Site RM-6.5 11 11 1 ii 1 1 1.0 Introduction On behalf of the City of Chanhassen, the City of Eden Prairie, and the Riley -Purgatory -Bluff Creek Watershed District (District), Barr Engineering Company is submitting a Wetland Replacement Plan Application for the alteration of existing stormwater management basins and conveyance systems in Chanhassen, Minnesota and the expansion of an existing stormwater management basin into the City of Eden Prairie. The Riley -Purgatory -Bluff Creek Watershed District's Lake Riley and Rice Marsh Lake: Water Quality Improvement Project was recommended in the May 2004 Engineer's Report Lake Riley Water Quality Improvement Project and is the outcome of Use Attainability Analyses (UAAs) prescribed by the 1996 Riley -Purgatory -Bluff Creek Watershed District Water Management Plan. The recommended improvements for Lake Riley and Rice Marsh Lake are based on historical water quality data, the results of an intensive 1997 through 1998 lake and watershed runoff water quality monitoring program, and computer simulations of watershed runoff, calibrated to the 1997 through 1998 data set. Computer simulations estimated watershed runoff under existing and proposed future land use conditions and under varying climatic conditions. Maintaining the quality of Lake Riley and Rice Marsh Lake is important to the cities of Chanhassen, Eden Prairie, and the District and improvements to the existing stormwater treatment system in a cost-effective manner is needed to sustain existing water quality levels. Existing stormwater management basins within the watershed to Lake Riley and Rice Marsh Lake are inadequate to meet water quality management goals of the District. The project site is located in Township 116 and parts of: Section 13, Range 23 (Carver County); the southeast quarter of Section 12 (Carver County) and the southwest quarter of Section 7, Range 23 (Hennepin County); Section 18, Range 22 (Hennepin County); and Section 23, Range 23 (Carver County), Minnesota as shown in Figure 1. This Riley -Purgatory -Bluff Creek Watershed District UAA: Water Quality Improvement Project Replacement Plan (Plan) has been prepared in accordance with the requirements of the 1991 Wetland Conservation Act (WCA) as administered by the city of Chanhassen and Section 404 of the Clean Water Act administered by the U.S. Army Corps of Engineers (Corps). The District has contacted the Minnesota Department of Natural Resources (MnDNR) regarding a Work in Protected Waters Permit for the proposed excavation and fill below the ordinary high water level (OHWL) of Rice Marsh Lake. The MnDNR has indicated that proposed impacts to Rice Marsh Lake will require mitigation. P1 3Q2 E61\Wctland Replacem nt,RPBCW WQ Im rov_WRPdoc The wetland boundaries within the project areas were delineated on May 2 through May 5, 2005. On June 23, 2005, the wetland boundaries were verified by the city of Chanhassen (Appendix 1). This Plan includes background information describing the history of the water quality improvement project (Section 2.0), a description of the proposed project (Section 3.0), a discussion of alternatives to the proposed project (Section 4.0), a description of the environmental setting (Section 5.0), documentation of the delineated wetlands and a description of the wetland that will be impacted by the proposed activities (Section 6.0), and a wetland impact and mitigation plan (Section 7.0). A Combined Project Application Form has been completed for the project and is attached in Appendix A. An Application for Withdrawal of Wetland Credits form is provided in Appendix B. The Lake Riley UAA Executive Summary is provided in Appendix C. Wetland data forms are provided in Appendix D. A map of the soil types present within the project areas is provided in Appendix E. The project wetland impacts/mitigation plans are provided in Appendix F. The project grading plans, erosion control plans, and planting plans are provided in Appendix G. The Wetland Delineation Report is provided in Appendix H. The Wetland delineation decision is provided in Appendix I. The project location/location of proposed wetland impacts, adjoining property owners, and status of other approvals is provided in Appendix J. The historic as -built for site RM-2.5 is provided in Appendix K. Finally, historical photographs and precipitation date for site RM-6.5 are provided in Appendix L. PAb\2T ?XWMI=d RrylamotatWHCWD__WQ_Im v_WRP.do 2.0 Background The Riley -Purgatory -Bluff Creek Watershed District (District) was established by the Minnesota Water Resources Board in 1969, acting under authority of the Watershed Law. As charged by the law and the order establishing the District, the general purpose of the District is to protect public health and welfare and to provide for the provident use of natural resources. The District carries out these purposes through planning, permit issuance, flood control, and conservation projects. The District is located in the southwestem portion of the Twin Cities Metropolitan Area, encompassing an area of 47.3 square miles. There are three major subwatersheds within the District —Riley Creek, with a watershed area of 10.0 square miles; Purgatory Creek, with a water area of 31.4 square miles; and Bluff Creek, with a watershed area of 5.9 square miles. All three creeks discharge to the Minnesota River. Stormwater management within the urbanizing watershed was guided initially by the District's Overall Plan dated 1973. The 1973 Overall Plan guided development within District until it was revised in May 1996, Water Management Plan, in accordance with the Metropolitan Surface Water Management Act and Watershed Law: Minnesota Statutes Chapters 103B and 103D, respectively. The water quality improvement projects recommended in the Engineer's Report for Lake Riley and Rice Marsh Lake, revised November 9, 2004, are the outcome of Use Attainability Analyses (UAA) prescribed by the 1996 Riley -Purgatory - Bluff Creek Watershed District Water Management Plan (see Appendix Q. The UAA for Lake Riley and Rice Marsh Lake (Figure 1) were completed to provide the scientific foundation for lake -specific management plans that will preserve existing —or achieve potential — beneficial uses of the lakes. The UAA is a structured, scientific assessment of the factors affecting attainment of a beneficial use, both currently and under ultimate watershed development conditions. "Use Attainment" refers to achievement of water quality conditions suitable to support lake -specific beneficial uses such as swimming, fishing, wildlife habitat, and aesthetic viewing among others, as designated in the 1996 Water Management Plan. Lake Riley is designated as a Level I "swimming lake" by the District (see Table 1) and, as such, its water quality condition should score 53, or less, on the Carlson's Trophic State Index (Secchi disc basis, TSIsu) rating system. This index score is calculated from the interrelationships between summer Secchi disc transparencies and epilimnetic concentrations of chlorophyll a and total phosphorus. (The index results in scoring generally between zero and one hundred; lower score being indicative of better lake water quality.) A TSIsD score of 53 corresponds to a total phosphorus P:U3t2 INWatmd Rrylac tX"BCWD_WQ InVeov_WRP.d concentration of 40 µg/L for lakes in the Central Hardwood Forests ecoregion of Minnesota. (MPCA, 1997. Lake Prioritization for Protecting Swimmable Use). Rice Marsh Lake has been designated as a "fishing lake" by the District despite the fact that the Minnesota Department of Natural Resources (MnDNR) does not actively manage the lake by stocking it. As a "fishing" resource, Rice Marsh Lake has a water quality goal of TSISD a 62,=which corresponds to the water transparency criterion for the Ecological Use Classification set by the MnDNR for lake fisheries and associated aquatic communities in Rice Marsh Lake (Schupp, D., 1992. An Ecological Classification of Minnesota Lakes with Associated Fish Communities. MnDNR Investigational Report No. 417). This TSISD score corresponds to a total phosphorus concentration in the range of 84 to 188 µg/L, similar to the District's total phosphorus concentration range goal of 75 to 105 µg/L for Level III fishing lakes, supporting fish and wildlife populations, and provide aesthetic viewing. P:lv1 MIXWMt dRrylactos [WBCWDWQ-1. r r_WR &. 4 3.0 Project Description The Lake Riley and Rice Marsh Lake UAA: Water Quality Improvement Project involves the alteration of five existing stormwater ponds and conveyance systems in Chanhassen, Minnesota. The project is proposed to be conducted on approximately 9 acres of land, on five separate sites in the cities of Chanhassen and Eden Prairie (Figure 2). 3.1 Project Need The current summer average total phosphorous concentration of Rice Marsh Lake is approximately 150 µg/L, down from an observed peak of 710 µg/L: in 1972 (see Figure 2), shortly after the cessation of domestic wastewater discharges to the lake. Prior to that date, the lake was the receiving water for wastewater effluents from the Chanhassen municipal —and Lakeview Hills Apartment — wastewater treatment plants. Consequently, Rice Marsh Lake sediments are rich in phosphorus subject to release into the overlying lake water during summer periods of sediment anoxia. Data contained in the Lake Riley UAA demonstrate that the phosphorous concentrations of Riley Creek waters increase by a factor of approximately 3 as the creek passes through Rice Marsh Lake. This indicates that the lake sediments are acting as a "nutrient pump", resulting in an increased phosphorus load to Lake Riley. This phenomenon was also observed and reported in an earlier study conducted by the Metropolitan Council (R.A. Osgood. 1983. Diagnostic -Feasibility Study of Lake Riley, Publ. No. 10-83-095E). The summer average total phosphorus concentration of Rice Marsh Lake has declined exponentially over the past 33 years as the deposited phosphorus in its sediment have been released and flushed through the system, and as new, less fertile sediments have buried the phosphorus -rich deposits (see Figure 2). This has resulted in a generally declining phosphorus load to Lake Riley and its water quality has improved somewhat as a result. Trend analyses indicate Lake Riley total phosphorus concentrations have steadily declined over a 30-year period, from about 80 µg/L in the early-1970s to about 40 µg/L. in the late-1990s. However, more recent data suggest phosphorus concentrations may now be rising as the lake's watershed is urbanizing. Figures 3 and 4 contrast the existing and predicted future watershed land uses within the portion of the Lake Riley watershed downstream from Rice Marsh Lake. As is clearly evident in Figure 4, much of the currently natural, open space will be developed into suburban residential land uses. Similarly, all agricultural lands will be converted to residential land use, or lost to construction of P.@3\37\E61\We11and ReplacememWRCWD_WQ_Improv_WRP. doc Trunk Highway 212. Analyses of the likely impacts of watershed land use changes on in -lake water quality conditions, using computer simulation models, suggest that change is likely. In general, under existing watershed land use conditions, Lake Riley water quality is best under near - average to dry weather (see Table 2), with TSIsD values meeting the District's goal of <53. Poorer water quality has been observed in wetter -than -normal years. Evaluation of historical water quality data indicated the Lake Riley summer average TSIsD exceeded the District's goal during 9 of 16 years of record. This same pattern of diminished water quality in years with relatively wet conditions is expected to persist into the future, after ultimate watershed land use development has been achieved. However, future Lake Riley water quality is predicted to generally improve, presumably because agricultural lands without runoff water quality controls will be replaced by suburban residential and highway land uses that include runoff detention ponds, per current District runoff management rules. This is expected to result in a net decrease in phosphorus loading of the lake from watershed runoff. Loads will still be highest, and in -lake water quality poorest, during relatively wet years. Although it is predicted that the District's water quality goal (TSIsD <53) will be met, albeit minimally, under the wet -year (1983) weather conditions assumed in the UAA water quality modeling, more extreme conditions could result in non -attainment of the goal under ultimate watershed land use conditions, unless remedial measures are undertaken. Rice Marsh Lake water quality (TSIsn =_ 70) currently fails to meet the Riley -Purgatory -Bluff Creek Watershed District goal of TSIsD = 62, and is predicted to degrade somewhat (TSIsD =_ 77) as the lake's watershed approaches ultimate land use. The most degraded water quality conditions are expected to occur in Rice Marsh Lake during relatively dry years when more of the phosphorus recycled from anoxic lake sediments is held in Rice Marsh Lake and not flushed out into Lake Riley. The most feasible, structural, best management practice (BMP) to meet the District and the Cities water quality goals, is to alter (expand) existing stormwater management. In addition, the alteration of existing stormwater management basins is a necessary and feasible part of the 1996 Water Management Plan. The city of Chanhassen and the city of Eden Prairie have petitioned the District to undertake this work on a cooperative basis with the Cities. An erosion control plan (Appendix G) will be implemented to protect adjacent water resources. P:\t3\2nMI\WVI.d RePlacamev\\RPBCWD_WQ Improv_WRP.A ' 3.2 Project Plan The project plan includes the in -pond management actions within Rice Marsh Lake watershed. However, stormwater treatments within the Rice Marsh Lake watershed will also benefit the downstream watershed, Riley Lake (Sheet G2, Appendix E). 3.2.1 Rice Marsh Lake Five improvements are proposed in the Rice Marsh Lake watershed (Figure 2), including: • Upgrade an existing water quality basin (RM-1.1) on the northwest side of Rice Marsh Lake, located within Rice Marsh Lake Park, south of Dakota Lane (Drawing W-01, Appendix F). This stormwater management basin/wetland currently receives untreated stormwater and is hydraulically linked to Rice Marsh Lake. • Upgrade an existing water quality basin (RM-2.2) on the north side of 78`h Street West, south of Twilight Trail, and west of 187th Avenue (Drawing W-02, Appendix F). This stormwater management basin/wetland presently receives untreated stormwater. • Upgrade an existing water quality basin (RM-2.5) on the north side of Rice Marsh Lake, located within Rice Marsh lake Park, southwest of Poplar Circle and southeast of Cheyenne Avenue (Drawing W-03, Appendix F). This stormwater management basin/wetland presently receives untreated stormwater and is hydraulically linked to Rice Marsh Lake. • Upgrade an existing water quality basin (RM-2.6) on the north side of Rice Marsh Lake, located within Rice Marsh lake Park, directly downstream of water quality basin RM-2.5, southwest of Poplar Circle and southeast of Cheyenne Avenue (Drawing W-04, Appendix F). This stormwater management basin/wetland presently receives untreated stormwater and is hydraulically linked to Rice Marsh Lake. • Upgrade an existing water quality basin (RM-6.5) located northwest of the intersection of Highway 5 and Market Boulevard (Drawing W-05, Appendix F). This stormwater management basin/wetland presently receives untreated stormwater. P:\ \2R 1\Wet1 Rryhu tMPSCWD_WQ_Wmv WRPAd 4.0 Sequencing Analysis Following is a discussion of alternatives and efforts to minimize wetland impacts in accordance with the sequencing requirements in M.R. 8420.0520. Two alternatives that avoid wetland impacts are considered and the reasons why they are not feasible and prudent are provided. In addition, the proposed alternative is presented along with a discussion of why it is the only feasible and prudent alternative. 4.1 No Build Alternative The no build alternative was evaluated, and while it would not result in any wetland impacts, it is not a feasible or prudent option. For decades the District has been studying the water quality in Lake Riley and Rice Marsh Lake. The Lake Riley and Rice Marsh Lake UAA: Water Quality Improvement Project is a necessary and feasible part of the District's 1996 Water Management Plan. The City of Chanhassen and the City of Eden Prairie have petitioned the District to undertake this work on a cooperative basis with the Cities, which is essential to meet the District's water quality management goals. Although this project is comprised primarily of "structural" BMP's, the District encourages the city of Chanhassen and the city of Eden Prairie to use other "softer," low -impact development BMPs, wherever feasible, and will work with the cities to fulfill that objective. Maintaining the quality of Lake Riley and Rice Marsh Lake is important to the city of Chanhassen, the city of Eden Prairie, and the District. Improving the existing stormwater management system, in a cost-effective manner, is needed to sustain existing water quality levels. The existing stormwater management areas are inadequate to meet the water quality management goals of the District. Due to these issues, the no build alternative was determined to not be feasible or prudent. 4.2 Wetland Avoidance Alternative Improving the water quality in Lake Riley and Rice Marsh Lake without impacting wetlands was considered, but was determined to not be feasible. The few undeveloped, non -wetland areas, in relative close proximity to existing stormwater conveyance systems, such as the west portion of Rice Marsh Lake Park (Drawing C-01, Appendix G) and the area northwest of the Highway 5 and Highway 101 intersection [Figure 2, Appendix H (RM-2.8)] where initially considered. However, creating stormwater treatment basins in these areas would not be adequate to meet the water quality PA23U7661\Wn1a.4 NePla .tWBCWD_WQ_J p v_WppP management goals of the District. In addition, the city of Chanhassen has plans to develop/utilize these areas for purposes other than stormwater treatment. Briefly, the idea of purchasing upland areas, where homes currently exist near the northern portion of Rice Marsh Lake, to construct water quality treatment areas was discussed, but was immediately ruled -out due to the very high purchase price and likely objections from landowners. Storm water enters Rice Marsh Lake in specific locations and those inflows in need of additional treatment were identified by the UAA. In order to treat those inflows to meet the Cities and District water quality goals for the downstream water bodies; upland and existing stormwater management locations, and alternative best management practices (BMPs) were the first areas explored. Due to many factors, wetland impacts cannot be avoided in all locations where water quality treatment is needed. After considering all factors including: the location of the existing storm -sewer infrastructure, the water quality treatment currently provided by existing storm water management basins, existing topography, upland areas the City of Chanhassen or the City of Eden Prairie may be willinglable to purchase for water quality treatment, and objections from landowners, it was not feasible or prudent to stay completely outside of jurisdictional wetlands. ' 4.3 Proposed Alternative The proposed alternative described in Section 3.0 is the only feasible and prudent alternative to achieve the water quality goals of the District. The proposed alternative avoids and minimizes regulated wetland impacts to the greatest extent practicable. For over two years, the District and the city of Chanhassen have worked with the property owners to inform them of the project and determine acceptable areas suitable for stormwater management basins. As was historically common practice, stormwater basins and ditches were placed in low- lying wetland areas. The alteration of these wetlands to improve stormwater treatment occurred before the passing of the WCA. These existing stormwater management areas typically represent the most prudent location for improving stormwater treatment. After suitable water quality treatment areas were located, the District, with input from city of Chanhassen staff, designed the stormwater management basins to meet the water quality goals of the project, while avoiding/minimizing wetland impacts. Completion of the project as proposed will have minimal impacts to wetland resources and will improve the water quality of the two strategic water bodies, Lake Riley and H.MUTE6),W.11..d R,Ia,c '\RPBCWD WQ_Im,ro _WRP&, 9 Rice Marsh Lake, located downstream. One of the challenges of the project design was to find areas acceptable where additional dead storage space could be created in or adjacent to existing stormwater management areas where drainage easements were already in place. Additional dead storage space (volume below the outlet elevation) is needed to increase the hydraulic detention time, which will improve the outgoing water quality. Below is an example of unsuccessful attempts made to further minimize wetland impacts: Proposed water quality basin RM-2.8: Initial construction plans proposed to create a regional water quality basin immediately northwest of the intersection of Highway 5 and Highway 101, in the city of Chanhassen. However, it was determined that this location, largely upland, was the site of a water treatment facility for the City. • Proposed new water quality basin in the west portion of Rice Marsh Lake Park (Drawing C-01, Appendix G): During the early stages of project planning, District and city of Chanhassen staff discussed the potential of constructing a new water quality basin in the west portion of Rice Marsh Lake Park. However, after discussions with City, it was determined that this location, which includes a ball field, is highly valued by the City and surrounding neighborhood. In addition, the city of Chanhassen plans to construct a walking path in the west portion of the park. In contrast, below is a listing of successful plan modifications, which took place over the last 12 months, which further minimize regulated wetland impacts. • Water quality basins RM-2.1, RM-2.4, RM-2.8, RM-6.9, and RM-999.16a (Appendix H, Figure 4): The initial draft water quality improvement project proposed wetland impacts, excavation and fill, within the above mentioned existing and proposed new water quality basins. In part to reduce wetland impacts, alterations and creation of these water quality P:\23UMI\Walmd RcplaccmmtVPBCWD_WQ-la v_WRP.doc 10 ' basins were removed from the water quality improvement project. The approximate reduction in regulated wetland impacts was 80,400 square feet. 1 • Water quality basin RM-1.1: The southern extent of the proposed pond was altered to ' minimize wetland fill in the Type 3 wetland, by using an 18 inch FiltrexTM seeded sock, as opposed to the typical berm to provide the required dead storage space. The approximate ' reduction in regulated wetland impacts was 7,400 square feet. • Water quality basin 2.2: The amount of Type 3 and 4 wetland excavation was minimized to ' the extent practical. The approximate reduction in regulated wetland impacts was 3,000 square feet. ' • Water quality basin 2.6: The western extent of the proposed pond was altered to minimize ' wetland excavation in the Type 3 wetland. In addition, the proposed pond was extended to the east, utilizing existing upland. The approximate reduction in regulated wetland impacts ' was 15,000 square feet. ' P:\ R27E 1\We1.l Rrylaccm IWBCWD_WQ ImprOv_WRPd II II 5.0 General Environmental Setting t The five proposed sites are located in the southeastern portion of the city of Chanhassen and the far west -central portion of Eden Prairie, in the southwest portion of the Riley -Purgatory -Bluff Creek ' Watershed. The vast majority of the areas proposed to be altered have been disturbed by past excavation or farming practices and all the sites currently serve as stormwater management basins, which receive untreated stormwater. The vegetation and topography surrounding each project area ' varies considerably, although the vegetation within the sites is dominated by hydrophytic vegetation ' with a slight to moderate slope towards the center of a depression or to a defined outlet. The wetland descriptions in Section 6.2 and the Wetland Data Forms (Appendix D) provide more detail regarding each site. ' 1 1 1 rwxnEs)Mee kcpl . t�xracw _WQ_Jnv,. wk,. 12 6.0 Wetland Delineation 6.1 Wetland Delineation and Classification Methods The wetlands within the project area (Figure 2) were originally identified from aerial photographs and were field delineated on May 2 through May 5, 2005. The field investigation resulted in the delineation of eleven wetlands within the initial project area (Figures 4-9, Appendix H). The wetland boundaries were surveyed using a Global Positioning System with sub -meter accuracy. On June 23, 2005, the wetland borders were field verified by the City of Chanhassen, the local government unit administering the Wetland Conservation Act (Appendix 1). The wetland delineations were established according to the Routine On -Site Determination Method specified in the U.S. Army Corps of Engineers Wetland Delineation Manual (1987 Edition). The wetland were classified in accordance with the U.S. Fish and Wildlife Service Circular 39 System (Types 1, 2, 3, etc.), and the U.S. Fish and Wildlife Service Cowardin System (PEMB, PSSC, PFOB, etc.). The wetland boundaries were delineated with pin flags that were numbered and placed at intervals of approximately 20 to 50 feet. A summary of the delineated wetlands can be found in Table 2, Appendix H. Information on soil types within the evaluation area was obtained from the Soil Conservation Service (SCS) Soil Survey for Hennepin County and Carver County (Figure 2, Appendix H). The National Wetlands Inventory map (Figure 3, Appendix H) shows seven wetlands within the initial project area. The Minnesota Department of Natural Resources (MnDNR) Public Waters or Wetlands map (Figure 4, Appendix H) shows the presence of one public water (Rice Marsh Lake, PW 104P) within or immediately adjacent to the project. Numerous soil borings were placed in and around the wetlands, to a depth of at least 18 inches below the ground surface whenever possible. Representative soil samples from each boring were examined for hydric soil indicators. Soil colors (e.g., 7.5YR 4/2, etc.) were determined with the aid of a Munsell® soil color chart and noted on the Wetland Data Forms (Appendix D). The hydrologic conditions were evaluated at each soil boring and are also noted on the Wetland Data Forms. The dominant plant species in each wetland were identified, and the corresponding wetland indicator status of each plant species was determined and noted on the Wetland Data Forms. A summary of the wetland classifications and wetland areas are provided in the following descriptions. ' P:\2M2 M\Wefl nd Replace n0RPBCWD WQ 1wmr WRP.&c 13 6.2 Wetland Descriptions • Site PM-1.1: Wetland 1, a 3.9 acre (within the evaluation area), Type 4/3/1 (PEMF/C/FOA) shallow to deep marsh/floodplain forest (Figure 5), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. The wetland extends to the west beyond the proposed pond construction area and is bordered to the north by a walking path and maintained lawn. The wetland is dominated by reed canary grass (Phalaris arundinacea), sandbar willow (Salix exigua), cattail (Typha sp.) black willow (Salix nigra) and box elder (Acer negunda). Upland vegetation includes boxelder and avens (Geum sp.) in the forested area and maintained lawn with Kentucky bluegrass (Poa pratensis), common dandelion (Taraxacum laevigatum), ground ivy (Glechoma hederacea), leafy spurge (Euphorbia esula), birdsfoot trefoil (Lotus corniculatus) and red -osier dogwood (Cornus stolonifera). The typical soil profile near the edge of the wetland consists of 2 inches of black (lOYR 2/1) sandy loam, above at least 22 inches of black (IOYR 2/1) sandy loam with dark yellowish brown (10YR4/6) and pale brown (10YR6/3) mottles. Approximately 50 percent of the wetland was inundated with 6 inches to 2 feet of water during the May site visit. • Site RM-2.1: Wetland 1 is a 0.08 acre, Type 4 (PUBF) deep marsh (Figure 6), which is located within a business lot and is bordered by a small area of maintained lawn used for a sitting park. The wetland is dominated by fowl bluegrass (Poa palustris) with open water and rock edging along the wetland. Upland vegetation includes maintained and mowed Kentucky bluegrass with planted cottonwood (Populus deltoides), aspen (Populus tremuloides) and spruce (Picea glauca) trees. The soil profile near the edge of the delineated wetland consists of 1 inch of black (10YR 2/1) sandy loam, above 5 inches of black (IOYR 2/1) sandy clay. The underlying layer consists of at least 18 inches of black (10YR2/1) sandy clay with greenish gray (5G5/1) mottles. The wetland was inundated with as much as 2 feet of water during the May site visit. P.\2j\ZTH61\WalW RryI..t\"HCWp_WQ IW y_WRP.do 14 • Site RM-2.2: Wetland 1 is a 1.8 acre, Type 4/3/6 (PEMF/C/SSB) deep marsh/shrub-carr (Figure 7), which receives directed stormwater from inlets located at the north, west and east edges of the wetland. The wetland is bordered by railroad tracks to the north, business parking lots to the east and south, and is located northwest of wetland RM-2.1. A nursery is also located along the southern edge of the wetland. The wetland is dominated by cattail, reed canary grass, box elder, cottonwood, willow species (Salix lucida and Salix nigra), red -osier dogwood, aspen, goldenrod (Solidago spp) and Canada thistle (Cirsium arvense). Upland vegetation includes cottonwood, oak (Quercus spp.), box elder, goldenrod, Kentucky bluegrass, clover (Trifolium spp.), arborvitae (Thuja occidentalis), birdsfoot trefoil, red -osier dogwood, maple (Acer spp.), and sumac (Rhus spp.). The soil profile near the edge of the wetland consists of 5 inches of black (IOYR 2/1) loam, above at least 11 inches of black (IOYR 2/1) loam with mottling. The wetland was inundated with 6 inches to 2 feet during the May site visit. Site RM-2.4: Wetland 1 is a 0.27 acre, Type 3/4 (PEMF/PABF) shallow marsh/deep marsh (Figure 8), which receives directed stormwater from Lake Dr. to the south and business parking lots and driveways along the north, west and east borders. A car wash is located north of the wetland. The wetland is dominated by cattail, duckweed, sandbar willow (Salix exigua) and box elder. The upland vegetation includes mowed and maintained Kentucky bluegrass and planted blue spruce, red pine and green ash. Impervious surfaces surround the wetland. The soil profile at the edge of the wetland consists of at least 12 inches of black (10YR 2/1) muck with numerous greenish gray (5G 5/1) mottles and inclusions of peat. Thirty percent of the wetland is Type 4 (PABG) and inundated with as much as 2 feet of water. Seventy percent of the wetland is Type 3 (PEMF) and inundated with approximately 6 inches of water during the May site visit. • Site RM-2.5: Wetland 1 is a 0.08 acre, Type 4/6 (PABG/PSSB) deep marsh/shrub-carr (Figure 9). The wetland receives stormwater from surrounding residential lots. A weir separates the north ' P.U3�MMWedud Replacem ntWBCW _WQJm ov WRP.doc 15 and south portion of the wetland. There is an inlet at the north end of the wetland and water flows south from this wetland, under an asphalt walking path and into Rice Marsh Lake at the location of RM-2.6. The wetland is dominated by reed canary grass, box elder, red -osier dogwood, buckthorn (Rhamnus cathartica), aspen, and black willow (Salix nigra). Vegetation immediately surrounding RM-2.5 includes reed canary grass, crown vetch, leafy spurge, Acer negunda, common buckthorn and sumac. There is a bituminous walking path and mowed Kentucky bluegrass to the south. The soil profile at the edge of the wetland consists of 14 inches of dark greenish gray (Gleyl 4/1) loam. Seventy percent of the wetland is Type 4 (PABG) and thirty percent is Type 6 (PSSB). Seventy-five percent of the wetland was inundated with as much as 12 inches of water during the May site visit. • Site RM-2.6: Wetland 1, a 3.5 acre Type 4/2/3/6 (PABG/PEMB/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 9), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. This wetland is located within a City park. There is a bituminous walking path along the north and west of the wetland with residential lots to the north beyond the park. The wetland is dominated by reed canary grass, Canada watermeal (Wolffia borealis), sandbar willow, and black willow. The dominant vegetation immediately surrounding RM-2.5 is reed canary grass. There is a bituminous walking path and mowed Kentucky bluegrass to the north. The soil profile at the edge of the wetland consists of 5 inches of very dark grayish brown (1 OYR 3/2) loam with few small yellowish brown (IOYR 5/8) mottles above 3 inches of brown (IOYR 5/3) and dark gray (lOYR 4/1) loam with yellowish brown (10YR 518) mottles. The next layer beneath consists of 7 inches of gray (lOYR 5/1) and very dark gray (10YR3/1) loam with some large dark yellowish brown (IOYR 4/4) mottles. The underlying layer consists of at least 9 inches of black (IOYR 2/1) loam with many large yellowish brown (lOYR 5/6) mottles. Forty percent of the wetland was inundated with as much as 6 feet of water during the May site visit. r:Wrne RWMI®d Rvphccm IWBCwu_WQ_hn v wnrm 16 • Site RM-2.8: Wetland 1 is a 0.035 acre, Type 1 (PEMA) seasonally flooded ditch along the south side of the railroad tracks (Figure 10). This ditch receives stormwater from the railroad to the north and surrounding uplands in the south. The wetland is dominated by reed canary grass, cottonwood, boxelder and red -osier dogwood. Approximately 50% of the wetland is unvegetated. Upland vegetation includes leafy spurge, reed canary grass, goldenrod and cottonwood. The soil profile in the center of the wetland consists of 24 inches of black (IOYR 3/1) sandy clay with many distinct yellow (IOYR 7/6) mottles. The soil was damp at the surface and water was observed at a depth of 3 inches during the May site visit. • Site RM-2.8: Wetland 2 is a 0.003 acre, Type 1 (PEMA) seasonally flooded ditch, which receives directed stormwater from an inlet west of Highway 101 (Figure 10). This small wetland is located in the northeast corner of the evaluation area south of the railroad tracks and west of Highway 101. The wetland is dominated by fowl bluegrass, switchgrass (Panicum virgatum), and cottonwood. Upland vegetation includes switchgrass and brome grass (Bromus inermus). The soil profile within the wetland consists of 6 inches of very dark brown (10YR 2/2) loamy clay with some yellowish brown (IOYR 5/6) mottles, above 7 inches of gray (IOYR 5/1) loamy clay with numerous yellowish brown (10YR 5/6) mottles and organic streaking. The underlying 11 inches is a light brownish gray (lOYR 6/2) clay with numerous brownish yellow (lOYR 6/8) mottles. The wetland was saturated to the surface and water was observed at a depth of 14 inches during the May site visit. No wetlands were found within the vicinity of the proposed pond at the center of the evaluation area for Site RM-2.8. • Site RM-6.5: Wetland 1 is a 3.4 acre, 4/3/2/6 (PABG/PEMF/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 11), which receives directed stormwater from Highway 5 to the south P: MD\ E6 BWVI nd Replacement\RPBCW _WQ Im ov_WRP.doc 17 and Market Blvd. to the east. Railroad tracks border the wetland to the north, with a shopping center north of the railroad tracks. The dominant vegetation within the wetland includes cattail, pondweed (Potamogeton sp.), reed canary grass, willow, red -osier dogwood and cottonwood. Upland vegetation includes Kentucky bluegrass, dandelion, sumac and cottonwood. The soil profile at the edge of the wetland consists of 3 inches of very dark gray (IOYR 3/1) muck above 21 inches of greenish gray (5G 511) muck with numerous yellowish brown (IOYR 5/8) mottles and organic streaking. Seventy percent of the wetland was inundated with as much as 3 feet of water during the May site visit. • Site RM-6.9: Wetland 1 is a 0.24 acre, Type 3/4/6 (PEMF/PABF/PSSB) shallow/deep marsh/shrub-carr (Figure 12). This wetland receives stormwater from Great Plains Blvd. to the west, Lake Dr. to the north, and surrounding residential lots to the east and south. The wetland is dominated by box elder, common buckthorn, sandbar willow, white willow (Salix alba), cattail, goldenrod, leafy spurge, reed canary grass, cottonwood and aspen. Upland vegetation includes cottonwood, white willow, Kentucky bluegrass, red pine, spruce, dandelion, green ash, sumac, leafy spurge, goldenrod, brome grass, and birdsfoot trefoil. The soil profile at the edge of the wetland consists of 5 inches of dark grayish brown (1 OYR 4/2) sandy clay above 13 inches of dark grayish brown (IOYR 4/2) and black (10YR 2/1) sandy clay with many dark greenish gray (5G 4/1) mottles. The underlying layer consists of at least 6 inches of black (1 OYR 2/1) sandy clay with some dark reddish brown (5YR 3/4) and many greenish gray (1 OGY 511) mottles. The wetland was inundated with as much as 2 feet of water during the May site visit. • Site RM-999.16a: Wetland 1 is a 3.8 acre, Type 3/1/2/6 (PEMC/PFO/SSB) shallow marsh/floodplain forest/shrub-carr (Figure 13). This wetland receives stormwater from surrounding residential lots to the north. PA23uTE61 OI.d Rcplaceme IWBCWD WQ Jm v_WRP.d 18 ' The wetland is dominated by reed canary grass, hybrid cattail (Typha glauca), black willow, peachleaf willow (Salix amygdaloides), and cottonwood. Upland vegetation includes reed canary ' grass and brome grass. ' The soil profile at the edge of the wetland consists of at 14 inches of black (lOYR 2/1) muck above 10 inches of black (lOYR 2/1) loamy clay with sand and few large yellowish brown (lOYR ' 5/6) mottles. Thirty percent of the wetland was saturated to the surface during the May site visit. ' P:@iR INWalmd Re Ih em I\RPBCWD WQ I rov WRP.doc 19 7.0 Wetland Impacts and Mitigation The proposed project (Appendix E) provides replacement for the unavoidable wetland impacts, according to the WCA rules, to 142,950 square feet (3.28 acres) of wetlands associated with the project (Table 2). The WCA requires a total of 285,900 square feet (6.56 acres) of wetland replacement to compensate for the wetland fill and excavation in and immediately adjacent to the five existing stormwater treatment areas. In addition, removal of accumulated sediment, to a depth no greater than the initial excavation (see �Q�•yy Appendix K), is proposed to take place in RM-2.5. The removal of this deposited sediment in a constructed stormwater basin qualifies for a No Loss Determination [Minnesota Rules 8420.0220 MI. Also, based on a review of historic photographs and precipitation data (Appendix L), it appears \ evident that the majority of Wetland RM-6.5 was created from historic upland area for purposes other than to create wetlands and therefore qualifies for WCA incidental exemption (Minnesota Rules \ u' � 8420.0122, Subp. 5). The excavated stormwater pond/wetland has a current size of 146,670 square feet. However, the area of the historic Type 3 and Type 2 wetland, within the existing wetland area, had a total size of 54,895 square feet, Type 2 = 35,167 square feet; Type 3 = 19,728 square feet. The MnDNR has indicated that wetland impacts under their jurisdiction, impacts below an elevation of 877 M.S.L. within Rice Marsh Lake (Protected Water 10-1P), totaling 129,404 square feet (2.97 acres) will require replacement. These impacts may be compensated for by WCA and Corps required wetland mitigation and potential "self -mitigation" (1:1 ratio) for the excavation of the alteration/enhancement of existing stormwater treatment areas. A summary of wetland impacts can be found in Table 2. Wetland mitigation planning was conducted in accordance with WCA replacement siting rules and guidelines from Section 404 of the Clean Water Act. The first consideration for wetland replacement np was on -site, within the project areas. It is not feasible to include new wetland areas within the project area (that would adequately meet pretreatment requirements) because of current urbanization and current City plans for the west portion of Rice Marsh Lake Park. The next area that was considered for replacement was the minor watershed, which is the Riley -Purgatory -Bluff Creek Watershed. There are no wetland mitigation or banking opportunities available in the Riley -Purgatory -Bluff Creek Watershed. The next level for mitigation siting is within the major watershed. The Mueller PAOVnEWWnImd Rrylmcme WBCWD-WQ_Im 0V WRP do 20 1 t 1 1 1 1 1 1 wetland bank is one of four existing wetland banks located within the major watershed, Minnesota River —Shakopee, with sufficient credits available for sale to the public, and that has been approved by the Corps. The Corps has preliminarily indicated that all proposed project -related fill and excavation, within the existing/proposed five stormwater treatment areas will likely be regulated by the Corps, requiring compensation under the Clean Water Act. A total of 362,384 square feet (8.32 acres) of Corps - regulated wetland impacts is associated with the project (Table 2). If wetland compensation Cin- place", "in -kind", and "in -advance" a Corps's minimum compensation ratio of 1:1 is acceptable. However, impacts proposed within Type 4 (71,909 square feet) and Type 6 (17,411 square feet) are planned to replaced "out -of -kind" (replaced with a different wetland type) with a replacement ratio is 1.25:1. Corps Impacts and Proposed Compensation Wetland Type Type 2 Type 3 Type 4 Type 6 Impacts Required Impacts Required Impacts Required Impacts Required Compensation Compensation Compensation Compensation (l:l ratio) (1:1 ratio) (1.25:1 ratio) (1.25:1 ratio) Totals (sq. ft.) 86,968 86,968 186,097 186,097 71,874 89,886 17,411 21,764 Grand 362,394 384,715 Totals (sq. fl.) The mitigation for impacts under the Clean Water Act will be accomplished through a combination of wetland re-establishment/vegetation enhancement activities, and the purchase of wetland banking credits. A total of 295,419 square feet of stormwater management basins will be created/altered in five locations as part of the project. The Corps has indicated that a 50 percent credit for a total of 147,710 square feet (295,419 square feet./2 — see Table 2) may be allowed. The remaining minimum mitigation requirement, 4.93 acres (214,675 square feet), is to be provided by the purchase of new wetland credits from the Mueller wetland bank, Account #1114. A draft Application for Withdrawal of Wetland Credits form is provided in Appendix B. Mitigation for the proposed 3.28 acres of P.\2l\2MMJ\Wells Rrylssc t%RPBCWD_WQ 1n ev_WRP.dm 21 I unavoidable WCA wetland impacts will include the purchase of 4.93 acres of new wetland credits ' previously mentioned above and an additional 0.29 acres (12,443 sq. ft.) of public value credit. Additional replacement needed will be provided by public value credits created from the construction ' of new water quality treatment facilities within existing upland areas (Table 3). A total of 0.84 acres (36,452 square feet) of new water quality treatment is proposed, which with the previously ' mentioned compensation meets the amount required by the WCA. The proposed wetland impact compensation amount will adequately compensate for 129,404 square feet (2.97 ac.) of NInDNR ' wetland impacts within their jurisdiction. 1 1 1 P:WX271E61\Wetlmd Rrylsume MPBCWD_WQ Inpr WRP.doc 22 u � IIIIIII■ � � � � IIIIIII■ � � � � � � � lllllll■ � � � � Table 1 Riley -Purgatory -Bluff Creek Watershed District Lake Management Table: Water Quality, Recreational Use and Ecological Classification of, and Management Philosophies for Minnetonka Lakes, Referencing Carlson's Trophlc State Index (TSI) Values (Secchl Disc Transparency Basis) Lake Classification, By Regulatory Agency Current Water MPCA• Metro Council District Quality Conditions Swimmable Priority Waters Mn/DNR• Ecological Management Lake (TSIsD)1 District Water Quality Goal Use Class° Class Municipal Use Class' Strategy Riley Year of Record = 2002 TSIsD 5 53 III 2 RD 24 Full Support TP = 47 pg/L Partially- Multi -use Swim Primary Fish Species: of Swimming and Chia = 40 Ng/L Supporting Recreational NP, BLB, BG Designated SD = 1.4 m TSlso < 56 Fishing TSlso = 55 Activities Rice Marsh Year of Record = 1997 TSIsD = 62 Unspecified 3 NE 42 Full support of TP = 153 pg/L Single -Use Fish Primary Fish Species: fishing plus Chia = 81 Ng/L Recreational WS, BLB, BG waterfowl and SD = 0.5 to wildlife habitat TSIsD = 70 requirements. 'TSIsD Carlson's Trophic State Index score. This index was developed from the interrelationships between summer Secchi disc transparencies and epilimnetic concentrations of chlorophyll a and total phosphorus. The index results in scoring generally in the range between zero and one hundred. [District values calculated by Barr Engineering Company (from field data and water quality model predictions). MPCA values taken from the 1994 Clean Water Act Report to the U.S. Congress; and Mn/DNR values taken from Schupp (1992) Minnesota Department of Natural Resources Investigation Report No. 417. An ecological classification of Minnesota lakes with associatedfish communities.] 2MPCA = Full supports of swimmable use. II = Full support of swimmable use, but threatened. III = Partial support of swimmable use. IV = Non-support of swimmable. ::ODMA\PCDOCS\DOCS\241305\1 Table 2 Wetland Impact Summary Wetland Type WCA Regulated Wetland Impact (sq. ft) DNR Regulated Wetland Impact (sq. ft) COE Regulated Wetland Impact (sq. ft) (Circular 39) Wetland ID Within Alteration Comments Fill (which will Excavation in Non- DNR Regulated Excavation in Fill (which will result in Area/ result in Type 3, 4, or 5 Wetland Types Fill (which will conversion of Predominant conversion of wetland, to a depth other than Type 3, result in wetland to upland. Excavation in DNR Fill Excavation Vegetation 9 wetland to upland greater than 4, and 5 to a depth conversion of Includes addition regulated wetland and addition of rip- previous no greater than 6 wetland type) of rip -rap below rap below N.W.L) excavation feet N.W.L) Type 4/3/1. MnDNR staff has indicated that all wetland impacts proposed below an elevation of 877 Reed canary MSL will fall under their jurisdiction. DNR regulated wetland excavation and filling is grass, cattail, planned. It is proposed that all wetland excavation, needed to improve and enhance the black willow, existing stormwater pond be self -mitigating at a 1:1 ratio. While all DNR regulated wetland RM-1.1 and box elder. 725 795 20,074 3,712 700 94,770 5.137 115,639 fill be replaced with New Wetland Credit at a ratio of 4:1. Type 413/6. Cattail, box 675 sq. ft. of temporary wetland impact are proposed to build a portion of a construction elder, and road. After alteration of the wetland/pond is complete, the road will be removed and graded RM-2.2 willow. 298 22.648 0 0 0 0 298 22,648 as proposed. Reed canary grass, box - elder, and Accumulated silt (1081 sq. ft.) will be removed, to a depth no greater than initial excavation, common from the created pond. Typically, BWSR determines that such pond maintenace activites RM-2.5 buckthom. 1,456 0 2,090 0 0 0 1.456 3,171 qualifies fora No Loss. However, compensation is required by the Corps. Reed canary MnDNR staff has indicated that all wetland impacts proposed below an elevation of 877 grass, Canada MSL will fall under their jurisdiction. DNR regulated wetland excavation and filling is watermeal, planned. It is proposed that all wetland excavation, needed to improve and enhance the sandbar existing stormwater pond be self -mitigating at a 1:1 ratio. While all DNR regulated wetland RM-2.6 willow, and 7,333 0 31,856 0 0 30,222 7,333 62,078 fill be replaced with New Wetland Credit at a ratio of 4:1. Type 4/3/2/6. Cattail, pondweeds, RM-6.5 and willow. 780 19,728 35,167 0 0 0 1,236 143.388 Additional excavation will take place in historic upland. Total Impacts (sq. ft.): 10,592 43,171 89,187 3,712 700 124,992 15,460 346,924 TOTAL WCA IMPACTS (sq. ft./ac.: 142,950 3.2817 Total Minimum Required WCA Compensation (WCA =2:1) 285,900 6.5634 TOTAL DNR IMPACTS (sq. TOTAL COE IMPACTS ft./ac.): 129,404 2.9707 s . ft./ac.: 362,384 8.3192 Total Proposed Total Minimum Minimum Required Required COE DNR Compensation Compensation (1:1 - [1:1 (excavation), 142,640 [[(3,712 + assuming "in -place", in 4:1 fill 700)' 4 + 124,992 3.2746 kind", "in -advance" 362,384 8.3192 U.S. Fish and W ildlde Service. Circular 39 Classficatim System BW SR has provided clarification regarding excavation of wetland types other than type 3, 4. and 5 wetlands. If me project involves filling of wetlands, than excavation in all wetland types is regulated by the Wetland Cmrservafion Act ' MnDNR staff has indicated that all wetland impacts proposed below an elevation of 877 MSL, within Rice Marsh lake. will fall under their jurisdiction. P:\23\2T\E61\Wetland Replacement\eval_table.xls ' Table 3 Summary of Wetland Mitigation Eligible WCA Credit: Public Potential Eligible DNR Eligible Credit: Created Water Quality Treatment Areas Wetland Value Credit (PVC) in the Credit: Excavated Water and Wetlaandnd AlterationNegetation Enhancement Area Within ID Form of Created Water Quality Quality Treatment Areas to t Treatment Areas (sq. ft.) Rice Marsh Lake (sq. ft.) t Existing Stormwater Treatment Areas (sq. ft.) RM-1.1 5,276 94,770 36,621 RM-2.2 0 0 22,648 RM-2.5 0 0 3,171 RM-2.6 27.513 30,222 89,591 RM-6.5 3,663 0 143,388 TOTALS: 36,452 124,992 295,419 1 1 1 1 COE Mitigation Summary Proposed Compensation (sq. ft.) Required Compensation Type 2 Type 3 Type 4 Compensation Te (sq. ft. (1:1) (1:1) (1.25:1) Type 6(1.25:1) NWC (To Be Purchased) 237,005 86.968 150,037 0 0 Created Water Quality Treatment Areas and Wetland AlterationNegetation Enhancement Area Within Existing 147.710 Stormwater Treatment Areas (295,419 sq, ft./2) 0 36,060 89,886 21,764 Total COE Compensation 384,715 384,715 1 1 WCA Mitigation Summary Compensation Type Minimum Required Compensation (sq. ft.) Proposed Compensation (sq. ft.) NWC (To be Purchased 237,005 273,457 PVC To be Purchased 12,443 12,443 I reatment reas) 36,452 ' Total WCA Compensation 285.900 285,900 Mitgation provided to meet both COE and WCA compensation requirements, in combination with the proposed "self -mitigation" for ' the excavation required to create/enhance existing stormwater treatment areas in Rice Marsh Lake, may meet the DNR's compensation requirements for this project. DNR Mitigation ummary Minimum Required Compensation Type Compensation (sq. ft.) Proposed Compensation (sq. ft.) NWC To be Purchasetl) 273,457 Upland Buffer -PVC (To be Purchased) 12,443 Improve/Enhance Existing Stormwater Treatment Areas and increase area of 142,640 exisiting pond to better treat stormwater entering Rice Marsh Lake 124,992 ' Total DNR Compensation 142,640 398,449 The WCA allows replacement credit for water quality treatment areas constructed in non -wetland areas. °The DNR may allow'sef-mitigation-, at a 1:1 ratio, for the proposed wetland excavation, needed to expand and enhance the existing stormwater ponds in Rice Marsh Lake. 3 The COE has stated that they will allow up to W pement wetland mitigation credit for created water quality treatment areas and wetland alleratbrUvegembon enhancement ' areas. ' Page 1 P:\23\27\E61\Wetland Repfacement\eval_table.xls II II u II II d I 1 1 1 Kri.Lo Pan( l_a s,�n Dr Evrner Wad ! •, v r 11 I nA< r 1"� Ilt 5 .I n (.�j 4 \�ii '+i�j. � _t y�� ter, � � � ,.• ! �` �In ' l � 1 S ! ') ✓�Il � / / !.-/ @ ..Ai � - •• © 1 �' y o ^� � ald�. 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Combined Project Application Form NA-026620-03B (V.2.02 for MS WORD) 10/29/04 Minnesota Local/State/Federal Application Form for Water/Wetland Projects For Internal Use Only Application No. Field Office Code _ Date Initial Application Received Date initial Application Deemed Complete PART I: BASIC APPLICATION "Sec HELP" directs you to important additional information and assistance in Instructions, Page /. LANDOWNERIAPPLICANT CONTACT INFORMATION (See Help 1) Name: Perry Forster, Riley-Purg-Bluff Creek WD Phone: 952-832-2610 tComplete mailing address: c/o Barr Engineering Company, 4700 West 77m St., Minneapolis, MN 55435-4803 1A. AUTHORIZED AGENT (See Help IA) (Only ifapplicable; an agent is not required) ' Name: Mark Wilson, Barr Engineering Company Phone: 952-832-2600 Complete mailing address: 4700 West 77th St., Minneapolis, MN 55435-4803 2. NAME, TYPE AND SIZE OF PUBLIC WATERS or WETLANDS IMPACTED (Attach Additional Project Area sheets if needed) ' Name or I.D. # of Waters impacted (if applicable; if known): Rice Marsh Lake (10-1 P). See WRP (Check all that apply): ®Lake ❑River ®Wetland type ❑ 1 ❑ I M 2 ® 3 04 ❑ 5 ID 6 ❑ 7 ❑ 8 Indicate size of entire lake or wetland (check one): ❑ Less than 10 acres (indicate size: ) [:]10 to 40 acres ® Greater than 40 acres ' 3. PROJECT LOCATION (Information can be found on property tax statement, property title or title insurance): Project sheet address: See Appendix J Fire #: City (if applicable): Y. Section: Section: Township #: Range #: County. Lot #: Block: Subdivision: Watershed (name or #) Attach a simple site locator map. If needed, include on the map written directions to the site from a known location or landmark, and ' provide distances from known locations. Label the sheet SITE LOCATOR MAP. 4. TYPE OF PROJECT: Describe the type of proposed work. Attach TYPE OF PROJECT sheet if needed. See Section 1.0, WRP Narrative, ' 5. PROJECT PURPOSE, DESCRIPTION AND DIMENSIONS: Describe what you plan to do and why it is needed, how you plan to construct the project with dimensions (length, width, depth), area of impact, and when you propose to construct the project. This is the most important part of your application. See HELP 5 before completing this section; see What To Include on Plans (Instructions, 'page 1). Attach PROJECT DESCRIPTION sheet. See WRP Narrative, which includes details concerning incidental exemption claim for a portion of Pond RM-6.5 (97,176 sq. ft.) and No Loss for a portion of wetland RM-6.5 Footprint of project: 8.3192 acres or 362,384 square feet drained, filled or excavated. ' 6. PROJECT ALTERNATIVES: What alternatives to this proposed project have you considered that would avoid or minimize impacts to wetlands or waters? List at least TWO additional alternatives to your project in Section 5 that avoid wetlands (one of which may be "no build" or "do nothing-), and explain why you chose to pursue the option described in this application over these alternatives. Attach 'PROJECT ALTERNATIVES sheet if needed. See Narrative, Section 4.0 7. ADJOINING PROPERTY OWNERS: For projects that impact more than 10,000 square feet of water or wetlands, list the complete ' mailing addresses of adjacent property owners on an attached separate sheet. (See HELP 7) 8. PORTION OF WORK COMPLETED: Is any portion of the work in wetland or water areas already completed? ❑ Yes ®No. If yes, describe the completed work on a separate sheet of paper labeled WORK ALREADY COMPLETED. (See HELP 8) 9. STATUS OF OTHER APPROVALS: List any other permits, reviews or approvals related to this proposed project that are either pending or have already been approved or denied on a separate attached sheet See HELP 9. t 10. I am applying for state and local authorization to conduct the work described in this application. I am familiar with the information contained in this application. To the best of my knowledge and belief, all information in Part I is true, complete, and accurate. I possess the authority to undertake the work described, or I am acting as the duly authorized agent of the applicant. Signature of applicant(Landowner) Date Signature ofagent (if applicable) Date This block must be signed by the person who desires to undertake the proposed activity and has the necessary property rights to do so. If only the Agent has signed, please attach a separate sheet signed by the landowner, giving necessary authorization to the Agent. 1 Minnesota Local/State/Federal Application Forms for Water/Wetland Projects APPROVAL NO. I he pnUlmc burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should requhe 5 hours or less. Thus includes the time for reviewing instructions, searching existing dam sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of infomation, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Infamution Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 222024302; and to the Office of Manageocnt and Budget, Paperwork Reduction project (0710-0003), Wasbmgton, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form w either of these addresses. Completed applications mutt be submitted m the District engheer havingjurisdiction over the location ofthe proposed activity. PRIVACY ACT STATEMENT: Authorities: Rivers and Hathurs Act, Section 10, 33 USC 403; Clean Water Act, Section 4014,33 USC 1344; Marine Protection, Research and Sanctuaries Ac4 33 USC 1413, Section 103. Principal purpose: Information provided on this form will be used in evaluating the application for a pemdt Routine uses: This information my be shared with the Department ofimtim and other Federal, state, and local government agencies. Submission of requested information is voluntary; however, if information is not ded. the pernin arnshcanon cannot be evaluated to, . a vennit be' ued- ITEMS 1 THROUGH 4 TO BE FILLED IN BY THE CORPS 1. APPLICATION NO. 1 2. FIELD OFFICE CODE 13. DATE RECEIVED 1 4. DATE APPLICATION COMPLETED YOU DO NOT NEED TO COMPLETE ITEMS 6-10 and 12-25 in the SHADED AREAS. AM applicants must complete non -shaded items 5 and 26. If an agent is used, also complete items 8 and 11. This optional Federal form is valid for use only when included as part of this entire state aoolication Packet. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Perry Forster, Riley-Purg-Bluff Creek WD Mark Wilson (Barr Engineering), Wetland Bioligist 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS j 7. APPLICANT'S PHONE NO. _. _ 10. AGENT'S PHONE NO. 11. STATEMENT OF AUTHORIZATION (if applicable; complete only if authorizing an agent) I hereby authorize Mark Wilson (Bart Engineering) to act on my behalf as my agent in the processing of this application and to famish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE' DATE: -- - _ -NAME OR TITLE (see instructions) 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) 15. LOCATION OF PROJECT - - - 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) 17. DIRECTIONS TO THE SITE 18. NATURE OF ACTIVITY 19. PROJECT PURPOSE 20. REASON(S) FOR DISCHARGE 21. TYPES OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS ' 22. SURFACE AREA W ACRES OF WETLANDS OR OTHER WATERS FILLED - 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES NO _ IF YES, DESCRIBE COMPLETED WORK. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, 25. LIST OF OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. ' Signature of applicant Date Signature of agent (if any) Dare The application must be signed by the person who desires to undertake the proposed activity (applicant), or it may be signed by a duly authorized agent if the statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within thejurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up with any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than SI0,000 or imprisoned not more than five years or both. ENG FORM 4345, Jul 97 EDITION OF FEB 941S OBSOLETE. (Proponent: CECW-OR) Minnesota Local/State/Federal Application Forms for Water/Wetland Projects Page 2 FOR LGU USE ONLY: Determination for Part 1: ❑ No WCA sdiction ❑ Exempt No. _ (per MN Rule 8420.0122) ❑ No Loss: _ (A,B,...G, per MN Rule 8420.0220) ❑ Replacement required — applicant must complete Part 11 COMPLETE THE SECTION BELOW ONLY IF REPLACEMENT IS NOT REQUIRED: Application is (check one): ❑ Approved ❑Approved with conditions (conditions attached) ❑ Denied CommeirmT ndings: LGU official sigwn ry Name and Tale For Agricultural and Drainage exemptions (MN Rule 9420.0122 Subps. I and 2B), LGU has received proof of recording of restrictions (per MN Rule 8420.0115): Cowry where recorded Date Document # assigned by recorder LGU oJIcial signature Minnesota Local/State/Federal Application Fomts for Water/Wetlmd Projects Page 3 ' Instructions For Part II ' Complete those portions of Part 11: Replacement Plan Supplement for which information is readily available (such as location, existing land use, size of impact area, etc.) A person certified in wetland delineation must determine items pertaining to specific wetland impacts (wetland type, Predominant vegetation, watershed time, etc.) Contact the local soil and water conservation district (SWCD) office for further information on obtaining such items. What to Include on Plans Detailed overhead views of replacement site(s) (Par 11), as well as profile view(s) of replacement site(s) (Par II), may be either hand drawn, ' computer generated or professionally prepared, as long as they contain all necessary information clearly, accurately, and in adequate detail. Please include specific dimensions whenever possible. You may also include photos, if you wish. Overhead views of Part II replacement site(s) should include the following items that pertain to your project: ' Property boundaries and/or lot dimensions. Location and extent of shoreline, wetlands and water. Location and dimensions of proposed project, structure or activity. Include length, width, elevation and other measurements as appropriate. Points of reference (such as existing homes, structures, docks or landscape features). ' Location of inlet and outlet structures. Indication of north. Location of spoil and disposal sites (if applicable). Areas of wetland and upland plants established. ' Profile views (side or cross -sectional views) should include the following items that pertain to your project: Location and dimensions of proposed project, structure or activity. Include elevation, depth, soil profile, side slope and other measurements as appropriate. ' Proposed water level elevation. Final Checklists ' Part II: Replacement Plan Supplement ❑ Have you completed all of Part II (pages 3-5)? ❑ Did you (or your agent) sign Section 19 on page 5? ' ❑ Have you included the necessary attachments for Part H? Attachments must include: ' ❑ If the project includes any wetland banking (complete or partial), include Application for Withdrawal of Wetland Credits Form (Section 14) ❑ If the project includes any project -specific replacements (complete or partial), include: Description of Replacement Wetland(s) Construction (Section 15) Copy of vegetation management plan (Section 15) t Scale drawing of overhead view or replacement wetland (Section 18) Scale drawing of profile view of replacement wetland (Section 18) Attachments may also include: ' ❑ Additional description of Wetland Irripact Charts (Section 11) (if additional space was needed) ❑ Additional Description of Replacement Wetlands charts (Section 17) (if additional space was needed) ❑ Additional soils information for created replacement wetland(s) (Section 18) (if available) ' Note: To deposit surplus wetland credits in the State Wetland Bank, submit a Wetland Banking Application directly to your LGU (Section 16). Preparing Your Application for Mailing ❑ To apply for both state and Federal authorization, your application must include Part I (Page 1), the Federal application (Page 2), and attachments as indicated on Final Checklist for Part l (Instructions, Page 2). ❑ Your application must also include Part II (Pages 3-5) and additional attachments as indicated on Final Checklist for Part II (above). ❑ Make three copies of the entire application and all attachments. Keep the original, and mail the three copies to the appropriate local, state, ' and Federal agencies (see Instructions for Part I for addresses). Minnesota Lncal/State/Federal Application Forms for Water/Wetland Projects Instructions Page 3 1 PART II: REPLACEMENT PLAN SUPPLEMENT For assistance in completing Part LL, contact your Local Government Unit or a professional consultant 11. DESCRIPTION OF WETLAND IMPACTS: Complete the chart below: 1) Use one taw of boxes for each wetland impact; 2) If your project has more than one wetland impact, reference your overhead view (pan of Section 5) to this chart by identifying and labeling "first impact" and "second impact" on your overhead view; 3) If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank; 4) If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type within that impact area; 5) If you do not have access to some of this information, call your LGU or SWCD office for assistance. (Photocopy chart for more impacts, if needed.) DESCRIPTION OF WETLAND IMPACTS Wetland impact (as noted on overhead view) Watershed name or number (if known) County, Section, Township, Range Wetland type' Predominant vegetation in impacted wetland area Size of area impacted (in acres or square feet) Existing land use in project area (check all that apply) Minnesota See attached See Table 2 ❑ Housing River- and Section 7.0 ❑ Commercial First Shakopee ------------------- ------------------ --------------- ❑ Industrial impact (33) ® Parks/recreation areas ❑ Highways and ------------------- ------------------ --------------- associated rights -of -way ❑ Forested ❑ Farmsteads/agricultural ❑ Vacant lands ® Public and semi-public (schools/gov't facilities) Second ❑ Airports ------------------- ------------------ --------------- Extractive (gravel impact pits/quarries) ❑ Other: 'If you are identifying only one wetland type within a given wetland impact area, use the first dotted line and leave the others blank. If you have chosen to identify more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate each separate wetland type, and identify predominant vegetation and size of impacted area for each separate wetland type with that impact area. TOTALS OF AREA(S) LMPACTED FOR EACH WETLAND TYPE ON CHART (indicate acres ® or square feet ❑) Type: I:— I L: _2: 2.00 3: 4.20 4: 1.72 5: _ 6: 0.40 7: _ 8: _ R:_ 12. SPECIAL. CONSIDERATIONS: Are you aware of any special considerations that apply to either the impact sim(s) or the replacement site(s)? ❑ Yes ® No (Examples: the presence of endangered species, special fish and wildlife resources, sensitive surface waters, or waste disposal site.) If YES, list and describe briefly. 13. SHORELAND IMPACT ZONE: Please identify each wetland impact site noted in Section 15 that is within 1000 feet of a lake or 300 feet of a river. RM-1.1, RM-2.5, and RM-2.6 Minnesota Local/State/Feilml Application Forms for Water/Wetland Projects Page 4 14. HOW PROPOSED REPLACEMENT WILL BE ACCOMPLISHED: Indicate how proposed replacement will be accomplished (check only one box below and continue as indicated): ' ❑ A. Wetland banking only Complete Application for Withdrawal of Welland Credits Farm and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.staw.nm.us Skip to Section 19, page 6 (You do not need to complete Sections 15-18). ' ❑ B. Project -specific replacement only Continue with Section 15 below. ' MC. A Combination of wetland banking and project -specific replacement Complete Application for Withdrawal of Weiland Credits Form and include with your application. Copies of this form are available from your LGU, or download a copy from www.bwsr.state.mn.us Continue with Section 15 below. 1 1 I 1 IS. DESCRIPTION OF REPLACEMENT WETLAND(S) CONSTRUCTION (Complete this section only if you marked Box B or Box C in Section 14 above): Describe in detail how replacement wetland(s) will be constructed. If several methods will be used, describe each method. Details should include the following: 1) type of construction (such as excavated in upland, restored by file break, restated by ditch block or revegetated); 2) type, size and specifications of outlet structures; 3) elevations relative to Mean Sea Level or established benchmarks or key features (such as sill, emergency overflow or structure height); 4) what best management practices will be implemented to prevent erosions or site degradation; 5) proposed timetable for starting and ending the project; and 6) a vegetation management plan. Write this description on a separate sheet of paper labeled DESCRIPTION OFREPLACEMENT WETLAND CONSTRUC77ON. See Narrative, Section 7.0 16. SURPLUS WETLAND CREDITS: If using project- specific replacement (Box B or Box C in Section 14 above), will the replacement result in any surplus wetland credits that you wish to have deposited in the State Wetland Bank for future use? ❑ Yes E No. If yes, submit a Wetland Banking Application directly to your LGU. Copies are available from your LGU, or download a copy from www.bwsr.state.non.us 17. DESCRIPTION OF REPLACEMENT WETLANDS: Complete the chart below: 1) Use one row of boxes for each wetland replacement site; 2) If your project has more that one wetland replacement site, reference your overhead view (part of Section 5) to this chart by identifying and labeling "first replacement site' and "second replacement site" on your overhead view; 3) If you are identifying only one wetland type within a given replacement site, use the first dotted line(s) and leave the others blank; 4) If you have chosen to identify more than one wetland type in a given replacement site, use the extra dotted lines to indicate each separate wetland type, and identify type(s) of replacement credits and "restoed or created' for each separate wedand type with that replacement site; 5) If you do not have access to some of the information, or if you do not know your replacement ratio, call your LOU or SWCD office for assistance. Photocopy chartfor more wetland replacements, if needed.) DESCRIPTION OF REPLACEMENT WETLANDS Identify Watershed County Section, Wetland Type(s) of replacement credits Restored Wetland name or Township, Type' (in acres or square feet) or replacement number created? site (if known) Range New Wetland Public Value Indicate (as noted on Credits (NWC) Credits (PVC) R or C overhead view) Name of Minnesota Sibley 2 1.9965 ac. R FirstRiver- ----------- ------- ------------- ----------------------- ------------- replacement Shakopee 3 3.4443 ac. R site(33) ----------- ---------------------- ------------------------ --------- --- N/A 0.2857 ac. C (upland buffer) Name of Minnesota Carver N/A 0.8368 ac. C Second River- (stone replacement Shakopee water site (33) ponding) 'Circular 39 wetland types: lndicatel, It, 2, 3, 4, 5, 6, 7, 8, R, or U. If you are 5.4408 1.1225 identifying only one wetland type within a given wetland impact area, use the first TOTAL NWC TOTAL PVC dotted line and leave the others blank. If you have chosen to identify, more than one wetland type within a given wetland impact area, use the extra dotted lines to indicate REQUIRED REPLACEMENT RATIO: each separate wetland type, and identify predominant vegetation and size of impacted for (If )motor) 2.1 area each separate wetland type within that impact area. Minnesota LocaYState/Fedmi Application Form for Water/Wetland Pmjects Page 5 ' 1& ADDITIONAL INFORMATION REQUIRED FOR PROJECT -SPECIFIC REPLACEMENT (Required only if you marked Box B or Box C in Section 14): For projects involving at least some project -specific replacement, include the following additional information: ' ❑ Two drawings to scale of the replacement wetland. Include both overhead view and profile (side view or cross -sectional view). See What to Include on Plans (Instructions, Page 3) for a detailed description of what should be included in these drawings. Without drawings, your application will be considered incomplete. ❑ For created replacement wetlands, include additional soils information (if available) that indicates the capability of the site to produce and maintain wetland ' characteristics. Note 1: For replacement wetlands located on pipeline easements, you need to receive endorsement of your project from both the easement holder and the Minnesota Department of Public Safety's Office of Pipeline Safety. Before start of construction, the owner of any utilities most be notified. The landowner or contractor is ' responsible for giving this notice by calling "Gopher State One -Call" at 652-454-0002 (Twin Cities Metro Area) or 1$00-252-1166 (all other locations). Note 2: For extensive or complex projects supplementary information may be requested at a later dated from are or more of the responding agencies. Such information may include (but not be limited to) the following: topographic map, water table map, soil borings, depth soundings, aerial photographs, ' environmental assessrrrent and/or engineering reports. 19. SIGNED AFFIRMATION: FOR PROJECTS INVOLVING REPLACEMENT BY WETLAND BANKING ONLY. To the best of my knowledge and belief, all information in Part ❑ is true, ' complete and accurate; and I affirm that the wetland losses will be replaced via withdrawal from an account in the State Weiland Bank. FOR PROJECTS INVOLVING EITHER PROJECFSPECDTIC REPLACEMENT ONLY OR A COMBINATION OF WETLAND BANKING AND PROJECT -SPECIFIC REPLACEMENT: ' Part A: The replacement wetland. I affirm that the replacement wetland was not: Previously restored or created under a prior approved replacement plan or permit; AND Drained or filled under an exemption during the previous 10 years; AND Restored with financial assistance from public conservation programs; AND ' Restored using private funds, other than landowner funds, unless the funds are paid back with interest to the individual or organization that funded the restoration; and the individual or organization notifies the local government unit in writing that the restored wetland may be considered for replacement. Part B: Additional assurances (check all that apply): ' ® The wetland will be replaced before or concurrent with the actual draining or filling of a wetland. ❑ An irrevocable bank letter of credit, performance bond, or other acceptable security has been provided to guarantee successful completion of the wetland replacement- ® The wetland losses will be replaced via wifl dniwal from an account in the State Wetland Bank. ' Part C. For projects involving any project-specif c replacement: Within 30 days of either receiving approval of this application or begirming work on the project, I will record the Declaration of Restrictions and Covenants can the deed for the property on which the replacement wetland(s) will be located; and 1 will at the same time submit proof of such recording to the LGU. To the best of my knowledge and belief, all information in Part B is true, complete and accurate; and I atrrrm all statements in Part A and C, as well as checked assurance(s) in Part B. Signature or applicant or agent FOR LGU USE ONLY Date Replacement plan is (check one): ❑ Approved []Approved with conditions (conditions attached) ❑ Denied LGU official signature Date LGU has receive evidence of title and proof of recording of Declaration of Restrictions and Covenants for Replacement Wedand: County where recorded Date Document# assigned by recorder LGUofficial signature Date Minnesota Local/State/Federal Application Forr s for Water/Wetland Projects Page 6 Draft Application for Withdrawal of Wetland Credits N 6. CERTIFICATION OF USER OF WETLAND CREDITS The proposed user of credits hereby certifies that helshe: a) either owns the subject wetland credits or has entered into an agreement to purchase said credits, subject to the approval of all applicable regulatory authorities and b) has filed appropriate plans, specifications and application forms with all applicable regulatory authorities that describe the wetland or water resource impacts for which the subject wetland credits will be utilized for mitigation purposes. Authorized Signature of Proposed User of Credits PRINT Name Date 7. REGULATORY AUTHORITY APPROVAL(S) The following authorized representatives of the regulatory authority (ies) identified on page 1 of this application hereby certify that they have: a) verified that the subject wetland credits are deposited in the account of the owner / seller, b) approved a wetland replacement plan or other water resource impact under their jurisdiction, and c) approved the proposed use of the wetland bank credits described herein. PRINT Name of WCA LGU Official Signature of Authorized WCA LGU Official PRINT Name of Other Regulatory Official (if any) Signature of Agency Address of Other Regulatory Official Official Date Date 8. CERTIFICATION OF OWNER / SELLER OF CREDITS I am the holder of the aforementioned account in the State of Minnesota Wetland Mitigation Bank and hereby certify that: 1) the credits described in this application have either been sold to the user of credits or I will use them to mitigate wetland impacts for my own project, 2) I have received payment in full from the buyer (if applicable), 3) the credits have not been sold or used in any way to mitigate wetland losses other than for the project and location identified in the project site information block on the previous page, 4) the subject wetland credits should be withdrawn my account, 5) I will not have a negative balance of credits after the subject credits are debited from my account, and 6) the Annual Fee for this account has been paid (or will be with an enclosed check). Authorized Signature of Owner / Seller of Credits Date 9. BWSR APPROVAL AND DEBITING OF ACCOUNT I hereby certify that the credits have been properly debited from the subject account, effective the date of signature. Authorized Signature Date approval by the BWSR, a copy of this instrument will be mailed to the user of the credits, all regulatory authorities involved, the account and the Board Conservationist. A letter will also be sent to the account holder acknowledging the debit and new account balance. IMPORTANT REMINDERS 1. The Owner / Seller of the credits is responsible for submittal of this form, containing original signatures, to the BWSR Wetland Bank Administrator so the affected account can be properly debited. 2. No impacts to any wetland or other water resource may commence until the credits have been debited from the Minnesota Wetland Mitigation Bank and a copy of this approval has been mailed to the regulatory authority(ies), the account holder and the user of the credits. 3. It is a criminal offense for a seller of wetland credits to sell credits more than one time. It is the responsibility of the account holder to report any credit sales that are not noted on the most current official BWSR account balance. Page 3 of 2 BWSR Form: wca-bank-05 (withdrawal form).doc Revised 3/4/04 APPLICATION FOR WITHDRAWAL OF WETLAND CREDITS ' FROM THE MINNESOTA WETLAND BANK Return Original to BWSR — Transaction may not be processed without original signatures ' 1. PROPOSED USER OF CREDITS Name(s) Riley -Purgatory -Bluff Creek Watershed District, a political subdivision of the State of MN, Perry Forster, President_ Address: c/o Robert Obermeyer, Barr Engineering, 4700 West 77'h Street Minneapolis, MN 55435 City State ZIP Day Phone ( 952) 832-2600 3. OWNER / SELLER OF CREDITS Account No.1142 Watershed No. 33 County: Sibley Name of Seller: Mary and Michael Mueller (Name of Authorized Representative) (Signature of Seller/Authorized Representative) 2. Impact Site Information ' y: Carver and Hennepin Major Wtrshd No.33 ion: Y. % Sec: , Twp. Rge: ' f tland Impact: 8.3362 acres eS2 Impacted: 2, 3, 4, and 6 Setting': shoreland / riverine / floodplain / flow through ! ' tributary / isolated (circle one) red Replacement Ratio: 2:1 WCA / local / COE ' nt to be replaced using Bank Credits: 5.7265 ac. nt replaced on site: 0.76 ac ' :t Name: Lake Riley/Rice Marsh Lake Water Quality vement 1 4. Regulating Authority(ies) Approving the Use of Wetland Bank Credits Plan approved by (check all that apply): Local WCA LGU (Print agency name) Local Permit # U.S. Army Corps of Engineers: Permit # MN Dept. of Natural Resources: Permit # Natural Resources Conservation Service: Permit # Other authority involved: Page 1 of 2 t BWSR Form: wca-bank-05 (withdrawal form).doc Revised 3/4/04 ' ❑ Enclosed transaction fee of 6.5%_ payable to "Board of Water & Soil Resources." 5. CREDITS PROPOSED TO BE «TTHDRAWN FROM ACCOUNT NO. Credit NWC PVC Wetland Topo. Setting' Cost Sub -Group] (acres) (acres) Type (per acre) A 5.4408 Type 2 = Isolated 1.9965 ac. Type 3 = 3.4443 ac. B 0.285 ► �, N/A G pland C tl z.s QP D E Totals: ' 'Bank accounts are assigned letters to signify, credit sub -groups, which represent wetland areas with different wetland characteristics. 'Circular 39 types: 1, IL, 2, 3, 4, 5, 6, 7, 8, It, U (for Upland Buffer). 'Topographic setting types: shoreland, riverine, floodplain, flow -through, tributary, isolated. I acre = 43,560 sq. fL 1 BWSR Form: wca-bank-05 (withdrawal form).doc ' Revised 3/4/04 Page 2 of 2 Lake Riley UAA Executive Summary w Executive Summary Lake Riley Use Attainability Analysis Prepared for Riley -Purgatory -Bluff Creek Watershed District April 2002 1 t Executive Summary ' Lake Riley Use Attainability Analysis Prepared for Riley -Purgatory -Bluff Creek Watershed District ' April 2002 ' 1 1 1 4700 Wat7' w5u ' Mfnneapoli5 6IIP 55435 BARR Stred F= ( 2) 8 2-2601 Fes: (952) 832-2601 ' 1 Executive Summ Overview This report details the results of a Use Attainability Analysis (UAA) of Lake Riley. The UAA is a structured scientific assessment of the chemical, physical, and biological conditions in a water body. The analysis includes diagnosis of the causes of observed problems and prescription of alternative remedial measures (such as a diagnostic -feasibility study) that will result in the attainment of intended beneficial uses of Lake Riley. The analysis is based on historical water quality data, the results of an intensive 1997 through 1998 lake and watershed runoff water quality monitoring program, and computer simulations of watershed runoff, calibrated to the 1997 through 1998 data set. Computer simulations estimated watershed runoff under existing and proposed future land use conditions and under varying climatic conditions. Riley -Purgatory -Bluff Creek Watershed District Water Quality Goals The approved Riley -Purgatory -Bluff Creek Watershed District Water Management Plan, 1996, articulated five specific goals for Lake Riley. These goals address recreation, water quality, aquatic communities, water quantity, and wildlife. Wherever possible, Riley -Purgatory -Bluff Creek Watershed District (RPBCWD) goals for Lake Riley have been quantified using a standardized lake rating system termed Carlson's Trophic State Index (TSI). This rating system considers the lake's total phosphorus, chlorophyll a, and Secchi disc transparency measurements to assign it a water quality index number that reflects its general level of fertility. The resulting index values generally range between 0 and 100, with increasing values indicating more fertile conditions. Total phosphorus, chlorophyll a, and Secchi disc transparency are key water quality parameters upon which TSI statistics are computed, for the following reasons: Phosphorus generally controls the growth of algae in lake systems. Of all the substances needed for biological growth, phosphorus is typically the limiting nutrient. • Chlorophyll a is the main pigment in algae. Therefore, the amount of chlorophyll a in the water indicates the abundance of algae present in the lake. • Secchi disc transparency is a measure of water clarity and is inversely related to the abundance of algae. Although any one or all three parameters can be used to compute TSI, water transparency is most often used, since people's perceptions of water clarity are most directly related to recreational use ::ODMA\PCDOCS\DOCS\229377U impairment. The TSI rating system is scaled to place a mesotrophic (medium fertility level) lake on the scale between 40 and 50, and high and low fertility lakes (eutrophic and oligotrophic) toward the high and low ends of the TSI range, respectively. Characteristics of lakes in different trophic status categories are listed below with their respective TSI ranges: 1. Oligotrophic—[20 < TSI < 38] clear, low productivity lakes, with total phosphorus concentrations less than or equal to 10 µg/L, chlorophyll a concentrations less than or equal to 2 µg/L, and Secchi disc transparencies greater than or equal to 4.6 meters (15 feet). 2. Mesotrophic—[38 < TSI < 50] intermediate productivity lakes, with 10 to 25 µg/L total phosphorus, 2 to 8 µg/L chlorophyll a concentrations, and Secchi disc measurements of 2 to 4.6 meters (6 to 15 feet). 3. Eutrophic—[50 < TSI < 62] high productivity lakes, with 25 to 57 µg/L total phosphorus, 8 to 26 µg/L chlorophyll a concentrations, and Secchi disc measurements of 0.85 to 2 meters (2.7 to 6 feet). 4. Hypereutrophic—[62 < TSI ] extremely productive lakes, with total phosphorus concentrations greater than 57 µg/L, chlorophyll a concentrations greater than 26 µg/L, and Secchi disc measurements less than 0.8 meters (less than 2.7 feet). The RPBCWD goals for Lake Riley include the following: 1. The Recreation Goal is to provide water quality that: (1) fully supports swimming, applying the 'WCA Use Support Classification for Swimming Relative to Carlson's Trophic State Index by Ecoregion" (i.e., a Trophic State Index (TSISD) of 53 or lower) and, (2) achieves a water quality that fully supports the lake's MDNR ecological class 24 rating (i.e., a Trophic State Index (TSIm) of 56 or lower). The goal is attainable, but only with the implementation of lake and watershed management practices as described in this UAA. 2. The Water Quality Goal is a trophic state index score that meets or exceeds the necessary level to attain and maintain full support of swimming and fishing: A Trophic State Index (TSIsD) of 53 or lower to fully support swimming and a Trophic State Index (TSI ) of 56 or lower to fully support the lake's fishery. This goal is also attainable, but only with the implementation of lake and watershed management practices discussed in this UAA. 3. The Aquatic Communities Goal is a water quality that fully supports fishing, according to the Minnesota Department of Natural Resources (IvIDNR) `Ecological Use Classification." This goal is attainable, but only with the implementation of lake and watershed management practices listed herein. 4. The Water Quantity Goal for Lake Riley is to manage surface water runoff from a regional flood, the critical 100-year frequency storm event. This goal has been achieved. 5. The Wildlife Goal for Lake Riley is to protect existing, beneficial wildlife uses. The wildlife goal has been achieved. ::ODMA\PCDOC=OCS\229377U ii Water Quality Problem Assessment An evaluation of 1971 through 1998 Lake Riley water quality data was completed to determine the lake's current water quality. Results of this evaluation indicate the lake's water quality has remained relatively stable over time. The lake's poor water quality is related to excessive inputs of phosphorus. Sources of phosphorus include: (1) runoff -borne phosphorus from its urbanized watershed; (2) Rice Marsh Lake internal loading (i.e., sediment phosphorus release and vegetation decay) conveyed to Lake Riley via Riley Creek; (3) Lake Riley internal loading (i.e., sediment phosphorus release); and (4) atmospheric deposition. Historical Water Quality Trends Trend analyses of 1974 through 1998 data indicate no significant change in the lake's water quality. The results of the regression analyses indicate that Secchi disc transparency has been declining at an average rate of 0.02 meters per year (less than 1 inch); chlorophyll a concentration in the epilimnion (upper 6 feet) has increased at the rate of 0.07 µg/L per year; total phosphorus concentration in the epilimnion has been decreasing at a rate of 1.2 µg/L per year. The changes in Secchi disc and total phosphorus are significantly different from zero, statistically, but the chlorophyll changes are not significant. Hence, the data indicate the lake's current water quality problems are unlikely to change unless management practices are implemented to improve the lake's water quality. A comparison of baseline (i.e., 1971 to 1987) and current (1988 to 1998) trophic state index (TSI) values indicates that Lake Riley has been unable to fully support swimmable use during the baseline and current periods. All but two summer averages exceeded MPCA-criteria (i.e., TSI <53) for full support swimmable use. Lake Riley's water quality has failed to meet MDNR-criteria during 36 percent of the baseline period and during 80 percent of the current period. Current Water Quality The current water quality of Lake Riley is poor, and recreational activities are impaired by summer ' algal blooms. The 1997 through 1998 total phosphorus concentration data indicate the lake was hypereutrophic (very poor water quality) during the spring and fall periods and eutrophic (poor water ' quality) during the summer period. Chlorophyll measurements during 1997 through 1998 indicate the lake was hypereutrophic (very poor water quality) during the fall of 1997 and during most of the 1998 summer period. Chlorophyll values during the fall of 1997, May of 1998, and late -June through ' August of 1998 exceeded nuisance levels (>20 µg/L). Secchi disc measurements during 1997 through 1998 ranged from oligotrophic (excellent) to hypereutrophic (very poor). Excellent transparency was noted during the winter, good transparency was noted during early -May, very poor ODMATCDOCSOOCS\229377\1 iii transparencies were noted during the late -summer period, and poor transparencies were noted at other times during the monitoring period. Hence, moderate to severe recreational -use impairment occurred during the summer (Osgood, 1989). The lake's recreational -use impairment appear to be largely determined by algal abundance. Phosphorus Budget Lake Riley's 5,213-acre watershed is comprised of a 178-acre isolated watershed, a 1,585-acre direct watershed, and a 3,450-acre indirect watershed. Computer simulations of runoff water quality indicate that the annual total phosphorus load to Lake Riley under existing land use conditions varies from 670 pounds under dry climatic conditions (i.e., 19 inches annual precipitation) to 1,655 pounds under wet climatic conditions (i.e., 41 inches annual precipitation; See Figure EX-1). The average rate of phosphorus loading to the 286-acre lake is 3 pounds of phosphorus per acre of lake per year, which is excessive and causes water quality problems (L = 0.375 g/mZ/yr). Computer simulations of runoff water quality indicate that an increased total phosphorus load will occur under proposed future land use conditions. Total phosphorus loads are estimated to vary from 785 pounds under dry climatic conditions (i.e., 19 inches of annual precipitation) to 1,849 pounds under wet climatic conditions (i.e., 41 inches annual precipitation; See Figure EX-2). The average rate of phosphorus loading to the 286-acre lake is estimated to be 4 pounds of phosphorus per acre of lake per year under proposed future land use conditions (L = 0.438 g/ml/yr). Increased phosphorus loading under proposed future land use conditions includes phosphorus loading from the proposed Highway 312 project Assuming no new ponds are constructed to treat highway runoff waters; Lake Riley total phosphorus loading increases are expected to range from 34 pounds under dry climatic conditions (i.e., 19 inches of annual precipitation) to 74 pounds under wet climatic conditions (i.e., 41 inches annual precipitation). The Highway 312 total phosphorus load represents 5 percent of the total future phosphorus load to Lake Riley under dry climatic conditions (i.e., 19 inches of annual precipitation) and 4 percent under wet climatic conditions (i.e., 41 inches annual precipitation). Assuming all highway runoff waters are treated by ponds meeting MPCA- and NURP-criteria, total phosphorus loading increases are expected to range from 16 pounds under average climatic conditions (i.e., 27 inches of annual precipitation) to 25 pounds under wet climatic conditions (i.e., 41 inches annual precipitation). Lake Riley's annual phosphorus budget for an average precipitation year (i.e., 27 inches of precipitation) indicates approximately 58 percent of the lake's annual phosphorus load enters the lake from Riley Creek. Lake Riley's direct watershed contributes approximately 3 percent of the annual load to the creek, and approximately 55 percent of the lake's annual phosphorus load is the outflow from Rice Marsh Lake. Other watershed phosphorus sources each contribute from 0.2 to 10 percent of the lake's annual phosphorus load. Atmospheric deposition and the lake's internal load represent 7 and 8 percent of the annual phosphorus load, respectively (See Figure EX-3). ::0DMAUTD0CS%D0CSV2937-A1 iv 1 1 1 Total Phosphorus Loads to Lake Riley Under Varying Climatic Conditions Existing Watershed Land Use ' 2000 ' L 1500 } ' 1000 to 500 ' 0 1 ' P:\23\27\053\rileyuaa\report\tpbudget.wb2:Avg. Yr. Dry (19 in.) Figure EX-1 Total Phosphorus Loads to Lake Riley Under Varying Climatic Conditions Proposed Future Watershed Land Use 2000 L 1500 1000 a° 500 5] Figure EX-2 P:\23\27\053\rileyuaa\report\tpbudget.wb2:Avg. Yr. Lake Riley Phosphorus Budget: Sources Average Precipitation Year (27 Inches) Existing Watershed Landuse Internal Load (8.22%) Atmos. Dep. (6.77%) -- RM Outflow (54.64%) Inflow # 2.11 (1.34%) —Inflow # 3.11 (1.23%) f— Inflow # SP3 (2.31%) -Inflow # 4.45 (9.76%) Inflow # 9.11 (1.51 %) Dir. Watershed (7.61%) -----Inflow Station #1 (3.56%1 Inflow # 6.11 (0.22%) Riley Cr. (Dir. Wat.) (2.13Y Note: Lake Riley inflow locations are shown on Figurt A-5 (Appendix A) Figure EX-3 P:\23\27\053\rileyuaa\report\tpbudget.wb2:Avg. Yr. Aquatic Plants Macrophyte (i.e.. aquatic plant) surveys performed during 1998 determined that one undesirable non- native macrophyte species was present in Lake Riley. Eurasian watermilfoil typically follows an aggressive growth pattern and eliminates native species from a lake. Eurasian watermilfoil was found throughout Lake Riley. However, because most portions of the lake contain only two plant species, eradication of Eurasian watermilfoil would eliminate needed fisheries habitat. Consequently, preservation of this species is recommended. Recommended Goal Achievement Alternatives Two different lake improvement alternatives will achieve or exceed District goals for Lake Riley. The two alternatives are: • Manage Rice Marsh Lake (treat Rice Marsh Lake with alum and lime slurry) • Manage Rice Marsh Lake (treat Rice Marsh Lake with alum and lime slurry); Manage Lake Riley (treat Lake Riley with alum); and Treat Highway Runoff (treat Highway 312 runoff with four or five ponds meeting MPCA- and NURP-criteria) The two alternatives were evaluated to compare cost and benefit differences (See Table EX-1). Figure EX-4 compares the minimum and maximum costs of the two alternatives. Treatment of Rice Marsh Lake with a mixture of alum and lime slurry is expected to achieve the District's water quality goals for Lake Riley and is recommended. In addition, treatment of Lake Riley with alum is recommended to expedite goal achievement. Displacement of the higher phosphorus waters within Lake Riley with lower phosphorus waters from Rice Marsh Lake following its treatment may take several years. Hence, treatment of Lake Riley with alum is recommended to achieve rapid water quality improvement and rapid goal achievement. An alum treatment of Lake Riley will also remove the lake's internal phosphorus load for approximately 10 years, further improving the lake's water quality. Treatment of runoff waters from proposed Highway 312 by 4 or 5 ponds meeting MPCA- and NLW-criteria will minimize phosphorus loading increases to Lake Riley. Treatment of runoff waters will facilitate goal attainment by the two lake improvement alternatives discussed in the previous paragraph. ::ODMA\PCDOCS\DO SV.29377\I viii 'I II II 11 11 11 t Lake Riley`> Costs to Meet or Exceed Goals $400,000 i' $350,000 $300,000 q, C' $250,000 t. . $200,000 F $150,000 OMinimum Cost ! ■Maximum Cost $100,000 $50,000 _ $0 / Maximum Cost water Quality Aw AW DOLLARS Recreation // Minimum Cost Aquatic Communities GOALS Wildlife Water Quantity "Minimum Cost" is the cost of the option that just meets each of the goals set for Lake Riley under most climatic conditions. "Maximum Cost" is the cost of the most expensive option analyzed In this study that meets or exceeds each of the goals set for Lake Riley under all climatic conditions. Figure EX-4 � -C "3 uvYd`.`."'..':YPY' :. t':.a .,iWr.'M '�..rkY�t-n'Fr4.T,1'art. `.... .s0.�h.'�i$S^ �:T G :.: +[:-.: •.-: �«;-.....�. Table EX-1 Benefits and Costs of Two Goal Achievement Alternatives Trophic State Index (TSIsa) Value Wet year Average Year Dry Year Treatment and (1983) (1995) (1988) Estimated Management District (41 inches of (27 inches of (19 inches of Cost Activities Goal precipitation) precipitation) precipitation) (Dollars) Existing Watershed Land Uses Manage Rice Marsh <53 43 46 45 $200,000 Lake Manage Rice Marsh <53 39 39 38 $400,000 Lake and Lake Riley, Treat Highway Runoff Proposed Future Land Uses Manage Rice Marsh <53 46 48 49 $200,000 Lake Manage Rice Marsh <53 40 39 44 $400,000 Lake and Lake Riley, Treat Highway Runoff Selected Implementation Plan The selected implementation plan is Manage Rice Marsh Lake and Lake Riley, Treat Highway Runoff (treat Rice Marsh Lake with alum and lime slurry; treat Lake Riley with alum; and treat proposed Highway 312 runoff waters with four or five ponds meeting MPCA- and NURP-criteria). The selected plan provides the greatest benefit to Lake Riley and is expected to result in rapid goal achievement. Treatment of Rice Marsh Lake with alum lime slurry will include: • Collection and analysis of Rice Marsh Lake sediment cores to determine the extractable phosphorus content of the upper 5 centimeters of lake sediment. • Lab experiments to determine the alum and lime slurry dose required to reduce Rice Marsh Lake internal loading to less than 10 percent of current levels. • Treatment of Rice Marsh Lake with selected dose of alum/lime slurry mixture. Lake Riley will be treated with an alum dose that is based upon the extractable phosphorus content of the upper 5 centimeters of lake sediment. A sediment core sample will be collected from the center of Lake Riley. The upper 5 centimeters of the core will be analyzed for extractable phosphorus. Alum dosage will be based upon a ratio of approximately 100 parts aluminum to 1 part extractable phosphorus. The proposed Highway 312 project will include the construction of 4 or 5 ponds meeting MPCA- and NURP-criteria to treat highway runoff waters. 11 11 11 ::ODMAVpCDOCSXDOCS=9377U1 x 1 a k Wetland Data Forms ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/4/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RW1.1 Do normal circumstances exist on the site? R1 ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ R] Plot ID: RM-1.1,SB-1 Is there a potential problem area? ❑ 0 Circular 39 Type: 4/3/1 (If needed, explain on reverse). Cowardin: PEMF/C/FOA V1=r FTATI(11J x % Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Ind M 1. Phalans arundinacea 95 H FACW+ 1. Cirsium arvense 5 H FACU 2. Saforexigua 30 SIS OBL 2. Salixsenssima 5 SIS OBL 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: 4VnPfll fl(:V 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 14 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 6 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: moist at surface Page 55 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horii (Munsell Mast) (Munsell Moist) Abundanoe/Contrast Structure, etc 0-2 10YR2/1 sandy loam 2-24 10YR2/1 10YR4/6, 10YR6/3 20%, 5% sandy loam Hydric Soil Indicators: Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? Wetland hydrology present? 0 ❑ Hydric soils present? Remarks: RM-1.1 Page 56 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5142005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSWIMEW State: MN Yea No Community ID upland Do normal circumstances exist on the site? 9 ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-1.1,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Suedes cover ftaturn Ifb, bf 1. Phalans arurdinwee 100 H FACW+ 1. 2. Salixaxigue 10 SIS OBL 2. 3. 3. 4. 4. 5. 5. 6. 6. 7, 7. B. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 HYnRni my IVJ Recorded data (describe in remarks): Weiland Hydrology Indicators: ❑ Stream, lake, or fide gauge Primary Indicators: © Aerial photographs Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None On.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 26 (in,) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) I Remarks: Page 57 of 64 SOILS Map unit name (series and phase): - Drainage class:Ztype? No Taxonomy (subgroup): Field observations❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR2/1 loam — — 12 26 10YR2/1 10YR5/8, t0YR6/1 10%, 5% sandy loam _ Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ High organic content in surface layer in sandy soil ❑ Histic epipedon ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Listed on Local Hydric Soils List ❑ Aquic moisture regime ❑ Reducing conditions ❑ Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: VVC 1 LHIYU WC I I"I w Yes No Yes No Hydrophy Ic vegetation present? © ❑ Is this sampling point within a wetland? ❑ 66 Wetiandhydrology present? ❑ 0 Hydric soils present? © ❑ Remarks upland Page 58 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: - MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? El 0 Plot ID: RM-2.1,SB-1 Is there a potential problem area? El 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION o� Dominant Plant Species Cover Stratum Indicator 1. Poa pratensis 100 H FAC- 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 0 HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: ® Aerial photographs 0 Inundated ❑ Saturated in upper 12 inches ❑ Other Water marks No recorded data available Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage pattems in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) Oxidized root channels in upper 12 inches Depth to saturated soil: none to 24 (in.) Water -stained leaves Local soil survey data FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 27 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confine map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR2/1 sandy loam 6-18 10YR3/1 IOYR4/6 and 30% silty Gay 1 OYR614 18-24 10YR4/1 5G&1 30% sandy clay 24+ 10YR2/1 silty clay Hydric Soil Indicators: ❑ Histosol Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? El W Wetland hydrology present? ❑ W Hydric soils present? 0 ❑ Remarks upland Page 28 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner. RPBCWD County. Carver/Hennepin Investigator. KSWIMEW State: MN Yes No Community ID RM-2.1 Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.1.SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: 4 (If needed, explain on reverse). Cowardin: PUBF VEGETATION Dominant Plant Suedes Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Poa palusMs 40 H FACW+ 1. Taraxacum officinale 10 H FACU 2. 2. Eleochads sp. 10 H NI 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL. FACW or FAC (excluding FAG-) 100 Remarks: 30% open water and 10% rock Vegetation is managed and mowed. HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, take, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 2 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 29 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ Profile Description - Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-1 10YR211 sandy loam 1-6 10YR2N sandy day 6-24 10YR2M 5GS11 70% sandy day Hydric Soil Indicators- Histosol ❑ Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor - Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes NNQ Yes No Hydrophytic vegetation present? w El Is this sampling point within a wetland? Wetland hydrology present? 0 Hydric soils present? 0 Remarks: RM-2.1 Page 30 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner: RPBCWD County Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RIM-2.2 Do normal circumstances exist on the site? Q ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.2,SB-1 Is there a potenfial problem area? ❑ 0 Circular 39 Type: 4/3/6 (If needed, explain on reverse). Cowardin: PEMF/C/SSB VEGETATION Dominant Plant Scedes Cover Stratum Indimtor 1. Typha spedes 60 H OBL 1. 2. 3. 4. 2. Phalans arundinacea 20 H FACW+ 3. Salix nigia 10 T OBL 4. 5. 5. 6. 6. 7. 7. B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tlde gauge Primary Indicators: 0 Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches Other ❑ Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wettand Depth of surface water. (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 2 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: (in,) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 5 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confine map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR4/1 silty day 6-12 10YR611 10YR4/6 10% sandy day 12-24 10YR611 10YR716 30% sandy day Hydric Soil Indicators: ❑ Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil I] Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? R] ❑ Is this sampling point within a wetland? k N Wetland hydrology present? 0 Hydric soils present? Remarks RM-2.2 Page 6 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/2/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? RJ ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-22,SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalaris arundinacea 30 H FACW+ 1. Typha species 10 H OBL 2. Comus stolonifers 10 SIs FACW 2. 3. 4. 5. 3. Salix nigra 30 T OBL 4. Solidago species 25 H NI 5. Poa pratensis 35 H FAC- 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 60 Remarks: HYDROLOGY ❑j Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 18 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: (in,) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test n Other (explain in remarks) Remarks: Page 23 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Descriotiom Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 2.5Y6/1 10YR618 20% sandy Gay 12-24 2.5Y6/1 10YR618 20% and organic sandy Gay streaking Hydric Soil Indicators: Histosol Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © El Is this sampling point within a wetland? Wetland hydrology present? Hydric soils present? © ❑ Remarks upland Page 24 of 64 ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5122005 Applicant/Omer.. RPBCWD County. Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.2,SB-3 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION 1. Dominant Plant Suedes ylcia saliva Cover 20 Stratum H Indicator FACU- 1. 2. Phalarisaruntinacea 30 H FACW+ 2. �3. Soldago species 20 H NI 3. 4. Picea glauce 10 T FACU 4. 5. Comus stolondera 20 S/S FACW 5. 6. Orsium arvense 10 H FACU 6. 7. Acernegundo 10 T FACW- 7. 8. Fraxinus pennsylvanica 10 T FACW 8. 9. pea pratensis 20 H FAC- 9. 10. 10, Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 44 trace aster and dandelion HYDROLOGY Q Recorded data (describe in remarks): ❑ Stream, lake, or fide gauge © Aerial photographs ❑ Other ❑ No recorded data available Field Observations: Depth of surface water. None (in.) Depth to free water in pit: None (in.) Depth to saturated soil: none to 24 (in.) Page 25 of 64 Welland Hydrology Indicators: Primary Indicators: ❑ Inundated ❑ Saturated in upper 12 inches ❑ Water marks Drift lines ❑ Sediment deposits ❑ Drainage patterns in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile DescriobM Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR2/1 loamy day 12-24 10YR5/2 10YR4/4 20% and organic sandy clay streaking Hydric Soil Indicators: Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? El © Is this sampling point within a wetiand? Wetland hydrology present? El 0 Hydric soils present? © ❑ Remarks upland Page 26 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 ApplicanttOwner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ TransectID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.4,SB-1 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Suedes Cover Stratum Indicator 1. Poa pratensis 60 H FAC- 1. 2. 3. 4. 2. Teraxacum olTicinale 30 H FACU 3. Pima glauca 10 T FACU 4. 5. 5. 6. 6. 7. 7, B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 0 Remarks: HYDROLOGY 7v Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: ® Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: moist at 24" Page 21 of 64 SOILS Map unit name (series and phase): Drainage class: Yep No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc, 04 10YR4/2 sandy day 4-24 10YR2/1 10YR63 20% silty caly Hydric Soil Indicators: Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List ❑ Reducing conditions - Listed on National Hydric Soils List W Gleyed or lowchroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? ❑ �. Wetland hydrology present? ❑ 0 Hydric soils present? R1 El Remarks upland Page 22 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/2/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID RM-2.4 Do normal circumstances exist on the site? ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.4,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: 3/4 (If needed, explain on reverse). Cowardin: PEMF/PABF VEGETATION Dominant Plant Suedes Cover Stratum Indicator Other Plant Suedes Cover Stratum Indicator 1. Typha species 50 H OBL 1. Alisma subcordafum 1 H OBL 2. Lemna Mnor 20 H OBL 2. Sofidago species 5 H NI 3. Poa pretensis 20 H FAC- 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 67 Remarks: HYDROLOGY 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other Water marks No recorded data available ❑ Drift lines Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (In.) Secondary Indicators (2 or more required): Depth to free water in pit: 6 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: Page 45 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ El Profile Desciotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR2N 5G5✓1 20% muck Hydric Soil Indicators- 0 Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List R Gleyed or low-chroma colors n Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 0 Is this sampling point within a wetland? Wetland hydrology present? 0 El Hydric soils present? 0 El Remarks RM-2.4 Page 46 of 64 ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/32005 Applicant/Owner: RPBCWD County. Carver/Hennepin Investigator KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? RI ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.5,SB-1 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Scedes Cover Stratum Indicator Other Plant Spaces Cover Stratum Indicator 1. Rhamnus catharka 25 SIS FAG- 1. Taraxacum olfrdnale 10 H FACU 2. Phalaris amndinacea 30 H FACW+ 2. Ardium minus 10 H NI 3. Sphagnum magellanicum 20 H OBL 3. 4. Corondla varia 20 H NI 4. 5. Euphorbia esula 20 H NI 5. 6. Acernegundo 20 SIS FACW- 6. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC I (excluding FAG) 50 ' HYDROLOGY Q Recorded data (describe in remarks): Stream, lake, or fide gauge © Aerial photographs Other No recorded data available Field Observations: Depth of surface water. None (in.) Depth to free water in pit: None (in.) Depth to saturated soil: None (in.) Page 17 of 64 Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in upper 12 inches Water marks Drift lines Sediment deposits ❑ Drainage pattems in wetland Secondary Indicators (2 or more required): Oxidized root channels in upper 12 inches Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test n Other (explain in remarks) SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confine map type? Profile Descngbon Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR32 10YR4/6, 10YR617 5%, 5% loam 6-18 10YR313 10YR414 20% loam 18-24 10YR4/4 10YR516, 10YR62 10%, 10% loam Hydric Soil Indicators: Histosol Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? ❑ R Wetland hydrology present? ❑ 0 Hydric soils present? 0 ❑ Remarks upland Page 18 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID RW2.5 Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.5,SB-2 Is there a potential problem area? ❑ Ri Circular 39 Type: 4/6 (If needed, explain on reverse). Cowardin: PABG/PSSB VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalans arundinacea 10 H FACW+ 1. Acernegundo 1 T FACW- 2. Acernegundo 5 S/S FACW- 2. 3. 4. 5. 6. 7. 3. Populus deftoides -. 5 T FAC+ 4. Salix nigra 10 T OBL 5. Comus stolordera 5 SIS FACW 6. Rhamnus cathartics 5 S/S FAG 7. B. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 63 Remarks: HYDROLOGY I,o9 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other ❑ Water marks No recorded data available ❑ Drift lines Field Observations: ❑ Sediment deposits ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 3 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Inundation of 6" within 15 it of soil pit. Page 15 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ El Profile Description' Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Struchrre, etc. D-14 Gley1 4/1 loam 14+ large rock Hydric Soil Indicators, Histosol ❑ Concretions Histic epipedon High organic content in surface layer in sandy soil ❑ Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes N2 Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? Wetland hydrology present? 0 ❑ Hydric soils present? 0 ❑ Remarks RM-2.5 Pape 16 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5132005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ Plot ID: RM-2.5,883 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum indicator 1. Phalan arundinacea 70 H FACW- 1. Glecoma hederacea 5 H FACU 2. Rhamnus catharbca 10 S/S FAG- 2. Euphorbia esula 10 H NI 3. Acernegundo 50 T FACW- 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 67 Remarks: HYDROLOGY v] Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines Field Observations: ❑ Sediment deposits ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 13 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ Profile Description, Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR3/2 sandy loam 12-15 t0YR312 10YR5/6 few (c4%), faint loam 15-24 10YR2t2 and 10YR5/6 common loam 10YR3/2 Hydric Sal Indicators- Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © Is this sampling point within a wetland? 0 Welland hydrology present? ❑ 0 Hydric soils present? ❑ 0 Remarks: 10' microdepression east of RM-2.5 upland Page 14 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 1 1 11 1 1 t 1 1 Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © 11 Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RW2.6,SB-1 Is there a potential problem area? ❑ Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Phalaris arundinacea 100 H FACW+ 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY Ei Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches Other 1-1 Water marks No recorded data available ❑ Drift lines Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: 1 Page 11 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Hor¢on (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-11 10YR311 loam 11-20 10YR311 10YR5/6, 10YR4/1 <5%, 10% loam 20.22 10YR5(1 10YR5r8 few, med. sand 22-24 70% 10YR311 + 10YR4/6 few, med. loam 30% 10YR5/1 Hydric Soil Indicetors- ❑ Histosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © El Is this sampling point within a wetland? Weiland hydrology present? 0 Hydric soils present? 0 Remarks upland Page 12 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-2.6 Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.6,SB-2 Is there a potential problem area? Circular 39 Type: 4/2/3/6 (If needed, explain on reverse). Cowardin: PABG/EMB/C/SS VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Phalan arundinacea 100 H FACW- 1. 2. 2. 3. 3. 4. 4, 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: © Aerial photographs Inundated © Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available Drift lines Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 8 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 4 (in.) ❑ Water -stained leaves ❑ Local soil survey data FAG -neutral test Other (explain in remarks) Remarks: Page 7 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-5 10YR32 10YR518 few(Q%), small loam 5-8 70% 10YR5/3 + 10YR5/8 loam 30% 10YR4/1 8-15 10YR5/1 w/ 10% 10YR4/4 10%, large loam 10YRW 15-24 10YR2/1 10YR5/6 30%, many, large loam Hydric Sal Indicators- Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List R1 Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 Is this sampling point within a wetland? Wetland hydrology present? R El Hydric soils present? © ❑ Remarks RM-2.6 Page 8 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepm Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal dreumstances exist on the site? © 0 Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.6,SB-3 Is there a potential problem area? ❑ Sd Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Spades Cover Stratum Indicator 1. Phalads arundinacea 90 FACW+ 1. Udica dioica 10 H FAC+ 2. 2. 3. 3. 4. q 5. 5. 6. 6. 7. 7 8. 8, 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Remarks: HYDROLOGY vJ Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other El Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) Water -stained leaves Local soil survey data FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 9 of 64 SOILS Map unit name (series and phase): Drainage class: Ygs No Taxonomy (subgroup): Field observations confine map type? Profile Descnpbon- Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0.14 t0YR312 10YR4/6 few(<2%), med. loam 14-20 10Yr4/1 10YR518 10%, med. sandy loam 20-24 10YR4/1 10YR5/8 15%, med. loamy day Hvdnc Soil Indicators- Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydnc Soils List ❑ Reducing conditions ❑ Listed on National Hydnc Soils List 0 Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Ygs No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? 0 0 Wetland hydrology present? 0 Hydnc soils present? Remarks upland Page 10 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner.. RPBCWD County: Carver/Hennepin Investigator. KSWIMEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.8,SB-1 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads awndinacea 90 H FACW- 1. Euphorbia esula 10 H NI 2. Acernegundo 10 T FACW- 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 _ Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None to 36 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 31 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El 11 Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, air- 0-6 10YR312 loamy day 6-24 10YR42 10YR4/6and 30%,10%+org. sandy day 10YR7/6 streaking 24-36 10YR3/1 10YR4/6 30% day Hydric Soil Indicators: ❑ Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Ej Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes NN2 Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? ❑ 0 Wetland hydrology present? ❑ 0 Hydric soils present? 0 ❑ Remarks upland Page 32 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/2/2005 Applicant/Omer: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? 0 ❑ Transect ID: Is the site significantly disturbed (atypical situation)? 0 Plot ID: RM-2.8,SB-2 Is there a potential problem area? ❑ Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION o� Dominant Plant Species Cover Stratum Indicator 1. Acernegundo 5 T FACW- 1. 2. 3. 4. 2. Phalaris arundinacea 60 H FACW+ 3. Euphorbia esula 20 H N1 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 67 Remarks: 10% bare cracked soil HYDROLOGY 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: © Aerial photographs Inundated EJ Saturated in upper 12 inches Other El Watermarks No recorded data available 11 Drift lines Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) El Oxidized root channels in upper 12 inches Depth to saturated soil: None to 36 (in.) ❑ Water -stained leaves Local soil survey data FAC-neutral test Other (explain in remarks) Remarks: Page 33 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes NO Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast. Structure, etc. 0-12 10YR3/2 sandy loam 12-24 10YR4/2 10YR6/4 10% sandy day 24-27 10YR42 10YR6/8 30%and organic day streaking 2730 10YR311 10YR4/4, 10YR4/6 30%, 5% day 30-36 10YR211 10YR4/6 30% day Hvddc Soil Indicators- ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hyddc Soils List Reducing conditions ❑ Listed on National Hyddc Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ® El Is this sampling point within a wetland? Wetland hydrology present? 0 Hyddc soils present? 0 Remarks upland Page 34 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5IM005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-2.8 Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.8,SB-3 Is there a potential problem area? ❑ © Circular 39 Type: 1 (If needed, explain on reverse). Cowardin: PEMA VEGETATION Dominant Plant Suedes Cover Stratum Indicator 1. Phalads arundinacea 50 H FACW- 1. 2. 3. 4. 2. Populus deltoides 20 T FAC- 3. Comus stolonifera 10 SIS FACW 4. 5. 5. 6. 6. 7. 7. 8. 6. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Remarks: 50% bare wet soil HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 3 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 3 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAO -neutral test ❑ Other (explain in remarks) Remarks: Page 35 of 64 SOILS Map unit name (series and phase): Drainage class: YY. No Taxonomy (subgroup): Field observations confine map type? El Profile Description - Depth Matrix Color Mottle colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundanoelContiast Structure, etc. 0-24 10YR311 10YR716 20% sandy day Hydric Soil Indicators- Hislosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ©0 Is this sampling point within a wetland? 0 Wetland hydrology present? 0 Hydric soils present? 0 El Remarks: ditch along RR tracks RM-2.8 Page 36 of 64 ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Omer: RPBCWD County. Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © Tmnsect ID: Is the site significantly disturbed (atypical situation)? J Plot ID: RM-2.8,SB4 Is there a potential problem area? Ej Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Euphorbia esula 20 H NI 1. 2. Phalads erundinacea 60 H FACW+ 2. 3. Solidago species 20 H NI 3. 4. Populus deftoides 5 T FAC+ 4. 5. 5. 6. 6. T 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 50 ' HYDROLOGY Recorded data (describe in remarks): Stream, lake, or tide gauge Aerial photographs ❑ Other No recorded data available Field Observations: Depth of surface water: None (in.) Depth to free water in pit None (in.) Depth to saturated soil: 20 (in.) Page 37 of 64 Wetland Hydrology Indicators: Primary Indicators: ❑ Inundated Saturated in upper 12 inches Water marks Drift lines ❑ Sediment deposits O Drainage patterns in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches ❑ Water -stained leaves ❑ Local soil survey data 1-1 FAC-neutral test n Other (explain in remarks) SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR4/3 sandy day 12-24 10YR514 sand with gravel Hydric Sal Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophyfic vegetation present? ❑ 0 Is this sampling point within a wetland? ❑ Weiland hydrology present? ❑ 0 Hydric soils present? ❑ 0 Remarks upland Page 38 of 64 ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjectlSite: RPBCW D Proposed Ponds Applicant/Owner: RPBCWD Investigator. KSW/MEW Yes No Do normal circumstances exist on the site? 0 ❑ Is the site significantly disturbed (atypical situation)? ❑ Is there a potential problem area? ❑ (If needed, explain on reverse). n=2CTA1 In\I Date: 5/4/2005 County: Carver/Hennepin State: MN Community ID RM-2.8 Transect ID: Plot ID: RM-2.B,SB-2-1 Circular 39 Type: 1 Cowardin: PEMA Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Poa palusbis 40 H FACW+ 1. CWum amuse 1 H FACU 2. Panicum drgatum 20 H FAC+ 2. Verbena hastata 5 H FACW+ 3. Populus deffoldes 5 SIS FAC+ 3. Phalan arundinacea 10 H FACW+ 4, 4. Euphorbia esula 5 H NI 5. Bmmus inermus 10 H NI 5 6. Taraxacum oftnale 1 H FACU g 7. Solidago gigantea 5 H FACW 7 8. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 ' Remarks: NVr1Rr l ()(;V Recorded data (describe in remarks): ❑ Stream, lake, or tide gauge 0 Aerial photographs ❑ Other ❑ No recorded data available Field Observations: Depth of surface water: None (in.) Depth to free water in pit: 14 (in.) Depth to saturated soil: Surface (in.) Page 63 of 64 Wetland Hydrology Indicators: Primary Indicators: ❑ Inundated Q Saturated in upper 12 inches ❑ Water marks ❑ Drift lines ❑ Sediment deposits ❑ Drainage patterns in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) JulLo Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0.6 10YR22 10YRS16 10% loamy day 6-13 10YR5/1 10YR5I6 30% and organic loamy day streaking 13-24 10YR62 10YR6/8 25% loamy day Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: Y, AAIM n==M11A1AlAT1(VJ Yes No Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? 0 ❑ Weiland hydrology present? 0 ❑ Hydric soils present? 0 ❑ Remarks: ditch along RR tracks RM-2.8 Page 64 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/4/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSWIMEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © El Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.8,SB-2-2 Is there a potential problem area? 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Speces Cover Stratum Indicator 1. Panicum virgatum 30 H FAC+ 1. Phalan arundinacea 10 H FACW+ 2. Bromus inemrus 30 H NI 2. Eupf)wbia esule 5 H NI 3. 3. Taamcum offidnale 1 H FACU 4. 4. Solidago species 10 H NI 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC I (excluding FAC-) 50 HYDROLOGY © Recorded data (describe in remarks): Welland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated ❑ Other ❑ Saturated in upper 12 inches El Watermarks ❑ No recorded data available ❑ Drift lines Field Observations: ❑ Sediment deposits Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data El FAC-neutral test 7 Other (explain in remarks) Remarks: Page 41 of 64 SOILS Map unit name (series and phase): Drainage class: Yes NO Taxonomy (subgroup): Field observations confine map type? Profile Descriotiom Depth Matrix Color Mottle Colors Mottle Texture, Concretions. (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Sbuclure, etc. 0.4 10YR22 loam with gravel 4-20 10YR413 10YR4/3, 30%, 50%, large loam 2.5Y72, 10YR5(8 numerous Hydric Soil Indicators- Histosol ❑ Concretions Hisbc epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor E3 Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? ❑ 0 Welland hydrology present? ❑ 0 Hydric soils present? ❑ 0 Remarks upland Page 42 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-6.5 Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-6.5,SB-1 Is there a potential problem area? ❑ 0 Circular 39 Type: 41312/6 (If needed, explain on reverse). Cowardin: PAB/EMC/F/SSB VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Carex lacusMs 50 H OBL 1. Typhe species 10 H OBL 2. Salix As 5 T FACW 2. Phalaris arundinacea 10 H FACW+ 3. 3. Poe pratensis 15 H FAG 4. Taraxacum of iionale 15 H FACU 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Remarks: HYDROLOGY Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 6 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test Other (explain in remarks) Remarks: Page 51 of 64 SOILS Map unit name ' (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confine map type? El El Profile Description' Depth Matrix Color Motile Colors Mottle Texture, Concretions, (inches) Hor¢on (Munsell Moist) (Munsell Mast) Abundance/Contrast Structure, etc. 0-3 10YRW muck 3-24 5G5/1 10YR5(8 20%and organic muck streaking Hydric Soil Indicators: © Histosa ❑ Concretions 0 Histic epipedon ❑ High organic content in surface layer in sandy sal Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? W ❑ Is this sampling point within a wetland? W El Wetland hydrology present? 0 Hydric soils present? 0 ❑ Remarks RM-6.5 Page 52 of 64 ' DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5WO05 ApplicantlOwner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © Transact ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-6.5,SB-2 Is there a potential problem area? El R Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Poa pratensis 80 H FAG 1. 2. Taraxacum oifirinale 20 H FACU 2. 3. Rhus glabra 10 SIS NI 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 0 Remarks t HYDROLOGY Recorded data (describe in remarks): ❑ Stream, lake, or tide gauge 0 Aerial photographs Other ❑ No recorded data available Field Observations: Depth of surface water. None (in.) Depth to free water in pit: 21 (in.) Depth to saturated soil: 20 (in.) Page 53 of 64 Welland Hydrology Indicators: Primary Indicators: ❑ Inundated Saturated in upper 12 inches ❑ Water marks ❑ Drift lines ❑ Sediment deposits ❑ Drainage patterns in Welland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches Water -stained leaves Local soil survey data FAC-neutral test Other (explain in remarks) SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horan (Munsell Moist) (Munseli Moist) Abundance/Contrast Structure, etc, 0-3 10YR2/1 loam 3-24 5GSN 10YR5/8, 10YR2/1 20%, 10% orgnic day streaking Hydric Sal Indicators: Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List 7 Reducing conditions ❑ Listed on National Hydric Soils List Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? D 0 Is this sampling point within a wetland? El RJ Wetland hydrology present? ❑ 0 Hydric soils present? 0 Remarks: upland Page 54 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-6.9 Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM6.9,SB-1 Is there a potential problem area? ❑ ® Circular 39 Type: 3/4/6 (If needed, explain on reverse). Cowardin: PEMFIABF/SSB VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Comus stolon!(era 20 S/S FACW 1. 2. 3. 4. 5. 6. 7. 2. Populus detloides 20 T FAC+ 3. Acernegundo 20 T FACW- 4. Salix exlgua 20 S/S OBL 5. Solidago species 5 H NI 6. Phalads arundinacea 5 H FACW+ 7. 8. 8. 9• 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 83 Remarks: 85% bare soil Solidago species is a hybrid of canadensis and gigantea. HYDROLOGY ❑� Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: S6 Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other El Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 16 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 12 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 47 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundancelContrast Structure, etc. 0-5 1 OYR412 sandy day 5.18 10YR42 and 5G4/1 10% sandy day 10YR2/1 2D% 18.24 10YR211 5YR3/4, 10GY5/1 10%, 30% sandy day Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? R ❑ Wetland hydrok)gy present? 0 ❑ Hydric soils present? 0 ❑ Remarks: RM-6.9 Page 48 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County. Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-6.9,SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Comer Stiaturn Indicator Other Plant Species Cover Stratum Indicator 1. Phalaris arundinacea 40 H FACW+ 1. Taraxacum otficinale 15 H FACU 2. Poa pralensis 40 H FAG 2. Sofidago species 5 H NI 3. Salix exlgua 10 WS OBL 3. 4. 5. 4. Acernegundo 10 T FACW- 5. Populus detloides 5 T FAC+ 7. 7. 8. a. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 83 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: V Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 24 On.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: Page 49 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR412 sandy day 6.24 10YR5/2 10YR2/1, 10YR4/6 10%, 10% sandy Gay Hydric Soil Indicators: ❑ Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils AQuic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No YYee. No Hydrophylic vegetation present? ® Is this sampling point within a wetland? 0 0 Wetland hydrology present? ❑ 0 Hydric soils present? © ❑ Remarks upland Page 50 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Applicant/Owner. RPBCWD Investigator. KSW/MEW Yes No Do normal circumstances exist on the site? ❑J ❑ Is the site significantly disturbed (atypical situation)? ❑ Is there a potential problem area? ❑ (If needed, explain on reverse). Date: 5/2I2005 County: Carver/Hennepin State: MN Community ID RM-999.16a TransectlD: Plot ID: RM-999.16a,SB-1 Circular 39 Type: 3111216 Cowardin: PEMC/PFO/SSB Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads arundinacea 95 H FACW+ 1. Typha angusfdolia 1 H OBL 2. Salcr nigm 15 S/S OBL 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10. Percent of dominant species that are OBL. FACW or FAC (excluding FAC-) 100 ©VRecorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: ❑ Inundated © Aerial photographs © Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 14 Ch.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 10 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 59 of 64 �nu c Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Descriotion: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-14 10YR2/1 muck 14-24 10YR2J1 10YR5/6 few, large loamy Gay w/sand Hydric Soil Indicators: 13 Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List Gleyed or low-chroma colors F7 Other (explain in remarks) Remarks: WFTI ANTI nFTFRMINATION Yes No Yes No Hydrophytic vegetation present? © Is this sampling point within a wetland? Wetland hydrology present? 0 ❑ Hydric soils present? 0 ❑ Remarks RM-999.16a Page 60 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Omer: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? R ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM•999.16a.SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads orundinacea 50 H FACW+ 1. Cirsium arvense 1 H FACU 2. Bmmus inermus 45 H NI 2. Glecoma hederacea 1 H FACU 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. B. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 50 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: - ❑ Stream, lake, or tide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in') Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: Page 3 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundancceJContrast Structure, etc. 0-18 10YR312 loam 18.24 10YR312 10YR4f4, 10YR516 10%, 10% day loam Hydric Sal Indicators: Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? Wetland hydrology present? 0 Hydric soils present? El 0 Remarks Upland Page 4 of 64 Carver County and Hennepin County Soil Survey IN a �' MP r ^ r � � i i� ^ .. �;i . -� w Project Wetland Impact/Mitigation Plans IN a m srlr pwu LVE evz A,.NI rw.r r WPPE Fence O SCALE IN FEET 22�9 •-- .8;0.72 .a.. y �.i• WETLAND Ra CONVERSION OF 56'.� •~ TYPE 3/4 WET -AND TO �E 2 �j�. �WETLAND FILL ALWI WETLAND Ql� f pi TREXTIAENT POND WATER Q� OEUNEATION 'ter='•" �r���-.� J✓• ��►�f►��►��� BOUNDARY �einarra��! RICE MARSH LAIE ((N.W.L-875.20) RICE AWASH W E PARK 6Wa REtD 87— OVERFLOW, RIPRAP FRL BELOW N.W.L (350 SO. FT.) 'MPDNR HAS STATED THAT ALL WETLAND IMPALAS. BELOW AN ELEVATION OF 877 M.S.L WILL FALL UNDER THEIR .NWSDicTow, EXISTING N.W.L-876.0 PROPOSED N.W.L=877 'w uvoariis'.aailan 9liE w Wmi'�ir mtEcr RVERAYIx .0 11WT � .N A War RmESSdYA E..WQA Vim. na ws rc 1NE WIPE ri WWEsmw eu BA arx.: BNiR ENCWEERRlG Co BARR 475W �3 M STREET MINNEAPot15. MN. vn: t-eoo-ss2-vn r� (vz) nt2-zw � soo-saz-zn, .;.'(E5) wa AS SNU 5 to-6-os R&EY—PURGATORY—BLUFF CREED( WATERSHED DISTRICT CNANHASSEN/EDEN PRNRIE. MINNESOTA IN@ RIEY/RICE MARSH LAKE WATER Q(WI}Y MMOVEMEN S CHANWSEN PRAIRIE. MINNE50. FA 23 27—E61 °H w... NRD CLIENT vFaEci No. RELEISED TD/FOR A B C 0 1 2 3 DATE REiEnsm u`Ai° SITE RM-1.1 WETLAND MITIGATION PLAN N0. BY HX APv DATE REVISION DESCRIPTION �rRn rwc yh ya Pvy,.. DWC. No. W—01 REV. No. A ronw "sl ST. 0 0 30 60 SCALE IN FEET LEGEND TEMPORARY WEDAND FlL TT RESTORED EXISTING C ONTOURS AFTER O EXGVATION OF STORNWATER POND RLL IN WETLWD AREA—RIPRAP (295 SO. FT.) WE7UNO EX N)N (22.6A8 SO. FT-)AVA (22.64 EX15nNG N.W.L=931.52 PROPOSED N.W.L-931.52 'a'iivvn ws'ravwan e'ri.E a'�`umw w "" P„;M orc� ����� LAW RLEY/RICE MARSH LAKE WATER OUAITIY IMI-ROVE1Q7f5 .Ea wecw¢Iox .0 T I Au A our. Wo BARR pxOR�21NG CO. Dole 10-6—OS uws as me Sl.7 rc uKXE l ° � `°"s" MN BARR 47M WEST TTTN STREET NNNFAPOLb, MIL o=. NRD RILEY-PURO;ATORY-BLUFF CREIX WATERSHED DISTRICT CNAI1MSSiT7 PRAIRIE, INIIWSOfA acw.nac 55435-4803 gic1u° OWCHASSEH/EDEN PRAIRIE. MINNESOTA SUE RM-2.2 Pu Nuc . RETFwsED A B C 0 1 2 3 � w'm•'"°°^. — "`'-e°°-wz-ssn F.=."2)� Ml WEruND MmcanoN Purr DATE REVISION DESCRIPTION a.� may, ua TO/FOR PATE RELEASED RIB 1 eoo=e�ixv O 0 10 2D SCALE IN FEET LEGEND WELL FlLL so (SM SD. FF.) N WERAND AREA-RIPRAP ®FILL (8B0 SO. FT.) WERAND E( VATION (2080 SD. FT.) REM® OF AC NO GREAED SILT TO (.'RF4 TER SAT 1I OEM NRVL El(GVAINN E CA (iDB1 50. R.) (1051 EXISRNC N.W.L.=888.50 PROPOSED N.W.L=888.50 ne wFum vswaaNm er u[ m vam w ws rt nc S1AlE a wcmrw >� P�i.tt ENGNEEi8NO OD. 1UNNEAPWS. BARR ♦]00 WEST "" ""' � sxu-+eoa �°'o° ' rveeCq.werz alr.-9o0-fl13-32n """N""�°'° `,�,I„"', �,,"':-:N,�� oa. n5 �nuwry 10-6-05 RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT CFMNWSSE)!/EDEN PRAIRIE. MINNESOfA ul¢ RILEY/RICE MAFtAI LAKE wATII+ Daum IMPROvfl/EHIS CNNRw55EN/EDETN PRAIRIE. MINNESDfA 23 27—E61 NRD CLIENL PROJECT No. SfTE RM-2.5 WETLAND MmcAnoN PLAN "�` RElroE.SEo A B C D 1 2 3 p®gyp DWG. No. W-03 REV. No. A N0 BY GIK APP DATE REVISION DESCRIPRON o ,� Na wTE RED P FILL 90. EF TYPE 3 'moo }�)I�lli IIII . r dgv� RAR &ro NIC"Al 5 I.. RCP \- WPRAP Flll: (28 SO. FT. IN HISTORIC WE7tU) (184 SO. R. IN HISTORIC UPLAND) 0 0 10 60 SCALE IN FEET 6GD J3M SL W. �.�..��.}. LEGEND FILL IN WETLAND AREA -RIP RAP t� 4 (]00 S0. FT.) WETLAND FILL W HISTORIC UPLAND (456 W. FT.) REQUIRING WETLAND ENT WTTION WETLAND REPLACE ENT WIMIN HISTORIC WElLWO (54,095 S0. Fi.) ING EXCAVATION NOT KOUIUPLAND \ 9� REPLACEMENT T. HISTORIC UPLAND REPLACEMENT ENTIN (68.491 S0. R.) WAT R OUAL VALUE TMEDR(1PON 50. RJ WATER oLIN11Y TREATMENT POND I HIST�c UP NWL 945.0D EX$SRNG N.W.1--965 PROPOSED N.W.L-945 CP CP RI (21 FT. IN HISTORIC UPLAND) of mart wi nv.•m n �c a'x vm w IWWtf sWEA.®xWa,wr r • IAAv P.RWE49GM.L wco�¢a WIYR 1.W ws v >RL LaArz ar i-11 BN ark.: pk)ARR ENGNEEWNG CO. BARR "� NINNEAPOLIS. MN. .1o0 "w �'( 1-y�u- i I-Wb- S —.— • ,• �.• r1 anuwry 10-8-OS RILEY-PURGATORY-BLUFF CREE7( WATERSHED DISTRICT CHANHASSEN/EDEN PRAIRIE MINNESOTA I lAl� R0.EY/WOE IIAR571 1N0= WATER pI1V11Y IMPRO+F]IQlIS OHANHASSO/EOEN PRAIRIE MINNESOTA •�... 23/2..._. 23 IECTNo. PROD mNm+ucnax R,... NRD II SITE RM-6.5 WETLAND MMGAT10N PLAN CLIENT CT r m N0. En ulTc PP PATE REVISION DESCRIPTION HWRfD x.Ic o.Tc s a RELEASED TD/Foa A B C 0 1 2 3 MTE RELEASED °�i° �. No. W—O5 REv. No. A Miie° Project Grading Plans, Erosion Control Plans, and Planting Plan ir 6 RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT LAKE RILEY/RICE MARSH LAKE WATER QUALITY IMPROVEMENT Chanhassen/Eden Prairie, Minnesota PROJECT LOCATION SHEET NO. TITLE G-01 .Title Sheet, Index, and Site Location Map G-02 . . . . . Site Plan LOCATION MAP C-01 . . . . . Site RM-1.1 Plan C-02 . . . . . Site RM-1.1 Erosion Control/Planting Plan C-03 . .. . . Site RM-1.1 Sections and Details t/ RM 2 2 : L C-04 • • • • . Site RM-2.2 Plan/Sections i C-05 . . . . . Site Rm-2.2 Erosion Control/Planting Plan C-06 .Site RM-2.2 Easement Plan C-07 . . . . . Site RM-2.5 Plan/Sections C-08 .Site RM-2.5 Erosion Control/Planting Plan C-09 . . . . . Site RM-2.6 Plan C-10 • • • • . Site RM-2.6 Erosion Control/Planting Plan C-11 . . . . . Site RM-2.6 Sections and Details RIO 1.1 C-12 . . . . . Site RM-6.5 Plan C-13 . . . . . Site RM-6.5 Erosion Control/Planting Plan C-14 . . . . . Site RM-6.5 Sections C-15 . . . . . Erosion Control/Planting Typical Sections and Details O VICINITY MAP I xcv[at [mrvv 1HAT m¢ wH. mFiitunw. omR AT' "yu'"Ru,wawn smW�Daoec.aIrc anx,A[ic[xouf x1MrxNemSuxDofmA raW cVflrt .�+ GINEERING COEDote . ET ml ON. n554J5 co,00.o+e "e°°e,oft— N +-eDO-e�z-z2n OA—ooro, +c,�mo co.: (esz) eDz-zsD+ m: +-eo -22n ....m,..wm Scoia AS SHOWN 511-05 RILEY-PURGATORY-BLUFF CREEX WATERSHED DSTRCT CHAHHASSEN EDEN PRAIRIE, MINNESOTA / Po pPY IMPfTEM-- aAelazsQPRNPoEpNNESOA 2�rt3wc2�7 oE. 1 UEPROJECT No 6. 80 " NR]BARR TITLE SHEEP. INDEX, AND SITE LOCATION MAP �e BNB-403 RaEASED A B C 0 1 2 3 R. c ae.m.... oesso.e �Ne pWC, No. G—Ol RE . No. O N0. B/ HK APP pATE REVISION DESCRIRDON NO, o.rz ram[. HD. 1.3 TO/FOR DATE RID-ESED •oww.o BCO I 1 �H a a� e ra G Rm 2.2 TY RM- W 78th St (cRM-P W 78th St © Lake Dr i d + RM-6.5(C RM-P4.5) QaA�Et m g�< ) �m W fieIdRa Lake Dr E vat LU c ) A — c m 4f �r RM-2.5 n ash r Lake eel Pa ak to R RM-2.6 � (CRY RM-P5.7) w) W 82nd St N � � a %RM-1.1 Rtt-P4.9) U W (CITY Y Erin Ba t e,. -®� e@k MNDOT Bellerine Pond a m MNDOT N Southern Hills Pond 3 (RM-6.23a) a° 0�a� Q�aAca 86th St Grew MNDOT Cherry Hills Pond MNDOT PLANNEDJEW (RM-4.11a) Olympia Fields Pond ago (RM-4.11a) 12 Mn1DOT 1 Northwood Pond (RMa.22a) Cranbury Mn/DOT I t Winged Foot Pond d�0 Bog MNDOT (RMd.13) Inverness Pond (RMd.11a) MnIDOTIi a m Brae Burn Pond m� (RMd.11a)I II j O Lyman Blvd 4akeRi/e ( Ra i »Enwr aRrsr rwr rws A.w. �EmuTn.t u� w rNm� uiOFn �rvE LV$ of TE sJ>,rE a •xrtsvrw mWrw¢ vope ors BAW rNaNEEIM4 M. BARR 4] WM 7 STREET MNNEAPDL6. MN. � WNNEA I ���° - Xso° —k ° J-eoo-sax-un r" � `�^ m� zN k^J^ AS SHOWN PoLEY-PURGA10fiY-BLUFF CREE]C WATEFZStID) OISIPoCf QW* A55EN/EDEN PRAIRIE MINHESOTA LAM MVMM WFM LMQ WAVER W&W SrWN KNM SM/MM PRAT+£. MF8♦60TA fl<RR PROJECT No. 23 27 E61 ow 5-,7-05 `° om.n NRo CLIENT PROJECT No. 'w^ JNR SITE PLAN C. ae.mnw wre uc..o. .vw RElFASED A B C 0 1 2 3 o.4y^.° JNB DWG. No. G-02 REV. No. 0 ND er APP DATE REVISION DESCRIPTION TO/FM DATE RELEASED '�°R0 eco na, a.m. ,...r wa Door nn axvu ur — RIRRCEPb0. SEWTWINR tee. INSf 43W TWIN RAL RFD CEDAR LACES 66'� —•• PAL FENCE MMMUY Y OFF �.. — CM1ainliN. TRAILFence — ass — /-WEMAND DEDNFAIdI DRAINAGE _ err. \ \ L -.••• 74 T 871 CONSTRUCTION MANS d / A; •••\ 1 � �... \ OPEN WATER I ``• 1 L Q ■ TRAP I MM —...\ TYPE 5 MIIODT FAiOC 1 1 / LJ ♦`\ BJt 72- ...�.... ��.mim II0II BA EN BARB WEST 7RING CO. 47MMINN WEST . STREET 55435 POL15, W1. 35/35-48113 Pn:.-eoo-uz-xzn BY ICHK1APPI DATE Fence 0 ? 60 SCALE N FEET Iyi Fp-,TzI: 'EXSRING BITUfIDUS TRAIL SHAIL BE i CHECKED BY CONTRACTOR MD ENGINEER PRIOR TO USING AS HAUL ROM. ANY DAMAGE TO THE D(SIDNG s owwa�r TRNL SHALL BE REPAIRED AT CONCLUSION OF PROJECT. 8 ■ RRRAP WITH 6' A3TNRJ m..w.. SWE AS MANY TREES AS POSSIBLE: NO EQUIPMENT OR SOILS DISTURBED BEYOND u COMSIRI1CnON UNITS \., `� LONSTRUCITMI lIMRS 1 IIFLOW OUTLET VL5 LONG, SEE�. CL ■ RIPRAP WITH TYPE 5 UnDOT FABRIC RICE MARSH WE PARK B naD Uc ;1*159 zi im I I W" i STAGE STORAGE VOLUMES ELEVATIONS ACRES 877 2.77 876 2.51 875 2.34 874 2.17 873 2.01 872 1.84 871 1.69 870 0.06 869 0.04 LAKE RILEY/RICE MARSH LAKE WATER WA TTY IMPROYFIIEMS RILEY—PURGATORY—BLUFF CREEK WATERSHED DISTRICT ClW#IASSEN/EDEN PRAIRIE, MINNESOTA CHANRSSEN/EDEN PRAIRIE, MINNESOTA SITE RM-1.1 PLAN POTA LANE eu� v..or. uM o rn+a orwr.rm. c ern wmu r...A � errr o..ar. oee g6YµwE RIVER BIRCH (3) • — — _ RIVER BIRCH (3) — — — — — _ — —STALL SILT FENCE. SEE a MCES 66- INTERCEPTOR SEWER Cncimlcc ;S- Fen RIVER BIRCH (1) _ — — — — —s- CARDINAL RED TWO DOGWOOD -_ WERAND DELINEATION _ — — — — — — — — _ Wo SWAM'S WINE OAK (•) 5. r6m1- 4- y •, s�4'., s'li BEGIN FlLTRD( SOCK SYSTETA CONTOUR 877.00, sEEe Cyst / - lF 871872 I 873 7a g75 B]b `$YR �.�.ery�.r�•y-K�t;4F�i';'�'N_'Tttrsr.. I � due s I T y s NWL ffM3-� As� OPEN WATER 2 I ! EL OriRFLZ OUTLET 30' LONG, SEEe I t c-0n ` CL ■ R~ WITH ` TYPE 5 MKDOT FABRIC � s Waod fence I I I � ' 0 30 60 I (Sanitary MH i SCALE IN FEET — — — — — — BiWmlar• Pam Na 1105 I lEQEBO �^H ROCK EROSION CONTROL ENTRANCE, ' BINMINWS SMALL BE "vaw *�-£1* We Prairie Seed Yix SEE CHECKED 01? AND ' CHECKED Pf WNIO S , USING AS HALL AN PRAM USN AS - - ROAD. ANY DIVE E ROAD. 3E THE E]LSffING AI Vi }- TRAIL SHALL BE REPAIRED AT ® Emergent MI: rnr a owsm. CONCLUSION OF PRQIECf. CLASS N WPRM WITH 8' N ¢V - _ - TY AND -',s• MnDOT 5 5 FABRIC. MnDOT TYPE INSTALL CONSTRUCTION FENCING ALONG TREE PROTEs N AREA. No £ EWIPPENT OR SOILS - FOREHAY: DISTURBED BEYOND FENCE s� TREE PROTECTION AREA WERANO DEUNEATION DRAINAGE EASEMENT RICE MARSH (AKE PARK BALL FlELD RIVER BIRCH (3) II ` \ END FB.TREX SOCK SYSTEM CONTOIR 0"A% SEZe OVERFLOW OMIT EL B7W8 30' LIDO. SEE® RANT LOT wwR.N r..e La- nWo. YIN R..riuelbr AWce aw.wa-ow awe. Ba�PrrAW IaM aloe ectaw a o. rc approved eeuiMant eeeA rah EnNrp.nTm.xi. .d.WM am. mraen nNw sr•M sew.•mN emnNn N•1 10 s.•..: ArgMNM a SNP••n•fe R.•Flrr•r A Slp•a)RNM• WaWes to salPeru...N w..r aAlan w sa•N+.remnN weNoaalr.o m SNWrq Nah wPe..rrr+•e RMYge-V .aM1nA. ePesle aranYb .a. con.e.m •eer�P.. RNrSINr 10 now YaeNm cmuarr oar AWdTINyLbynp0 x aft Qom Nmbr. se.r•N1IY OIW A now RRRAP WITH 5 MiIDOT FARM a ururt as riffs eriE an umr wn ami.� ax'° AS SHOWN •^••,,�•, olRcr ••aNmoN n• wa i AN A aAr EMRR I'r GINETRMG STREECO. T �. 5-6-05 LAM RILEY/RICE MARSH LAKE WATER QUALITY RFROVflF]ITS 23 27-E61 'ra®'"vrcmow` pone MiCER TK ♦]00 WFST 7IfH u•s a TNi suTA or rxww u..� NRD RLEY-PURC.A7'ORY-T3LUFF CREEK WATEWATERSHEDDISTRICT CFIINEN55fN/EDQ! RRNfBF+ IBKESCUMfA CUM PRQIEC BARR No. YINNEAPOUS, M. CHANRSSEN/EDEN PRNPoE. MINNESOTA A a C O I 2 3 r^'°ereli Nie°^ - P1 1-e00-BJ2-2I2r O�Pw SITE RM-1.1 DWI. N. EV N. Hal BY DIRE REVISION DESCRIPTION emnm N•c R�SFD W'"1° F- (Ass) as-mo1 / u1c s a TO/FOR DATE RR FASED .Rr ,_a0-a2_un —.es.— Aper.,.e EROSION CONTROL PLANTING PLAN C-02 A I t 890.0 _. _ _890.D 880.CL 3770 EXISTING. GRADE FlLTRE% FILTER SACK SYSTEM.___. _ _880.0 NWL 87650 APPftO% e76.00 _Q_ _.. _.. _ __ 875.0— _ _--_—_ _—_._ _ -.- _ _ _ --_875.0 t PROPOSED GRADE - t� 870.0: BOTTOM ELEVATION = 870.0 - - BJ0.0 565.0 i..... ..._... _.. ...__. .._I. ........ ... ........ _..._. ........... ..... __........ ._.'. :_.... ......_... ...._........_. ........_ _... _. _.... _........ _.._ _. __..... _L565.0 935.0 ' L�%-5 900.0 0 00 [1 I GSECTION: CROSS SECTION L-Ot EXISTING GRADE APPRox. E�e]6,Tn.>T.,t.. ,t. —� — — \\ •`\\\\i\\j����\\�\\� I. T 18' FlLTRE% SEEDED FABRIC ON DOWN••51RFAM SRIE• �4\ SECTION: FILTREC SOCK SYSTEM AT WETLAND EDGE C-01. C-1s NUT ro saLE 890.0 ...... ....._... ...... T,G.eBE NV. iN INV. OD NEE 885.0 \ : 880.0 i � IXI$RNG t8' RGP 6' CL 5 PIPE 8]5.(L .. BEDDING 87*35 I' ROCK. 8' WIDE TNICK mom UM RMPED IN YnDOT 87QO - - TYPE 5 FABRIC _ PIPE ... !8'=80"RCP CL 0 INCLUDING FES O 0.71% 5 SECTIOUTLET OVERFLOW OUTL 0 s 10 SCALE IN FEET 3 SECTION: 60' STORM SEWER EXISNNG GRADE — APPROX. EL 876.00 CL RH III RIPRAP W MnDOT TYPE 5 FABRIC ON DOWN STREIIA SIDE EL 8]6.50 6 SECTION: OVERFLOW OUTLET ae nEwm :as v1¢vwen ni[ an vloci I" "ir T I m A =y E V.M OC WI"ESPIA o 11 vni.cE ann: BARR ENCINEERNG CO. BARB A]00 lF ]>iR STREET N� YN.REFA9ED •^' Cm': (�- zmi -mo-mT-un ...ev..mm -6-05 RnEr—PURGATORr—EIEUFF eRme wnmesHm U6IRICT ���E'MWNl50TA LQM RLEY/RICE IMR91 LAIQ NATO MAL" OPROJEMENTST /eDEN QIANHA,AQi� r.r. PRAR�F MNNESOEA5 23 27—E61 " Cu N PRQIECT No. To /FOR A B C D 1 2 3 UNRD SITE RM-1.1DWG. SECTIONS AND DETAILS o+rt Iecxo No.REV. C-03 No.BY A NK P DATE REVISION DESCRIPTION DATE RElFA9ED O 0 30 60 SCALE IN FEET 7621 GNARNISSEN ROAD /v•.,r� ,,,�•^\• IH930 Mm ST. W. 100 YR RAID lEVF1-933.90 _ - C1A56 P RNRIP 18930 lBDf 5T. W. WITH 6' GRNl" FILTER AND WDOT I k 1YPE�AaRIC� 'G� I I a ]]01 CNWHISSEN ROAD CONSTRUCTION UMRS 9 �.� / t .as r N• . . I POW WETLAND DELINEATION 9Ss w T .... an- wriv ✓ q1 grvm / NYIL 931.52 IS RIPRM W TTHI71 6' GRANUVR FOREHAY e FILTER AND Nn00T — ..— — \ TYPE S FABRIC �--�----_. �0. / r. i v' 31 9�s 930 g19 910 92 _ I / ADDRESS PENDING \s �-•nn s 9 928 929 ]B ]HTH ST. W. iDp yR 9D -InsuPROPOSED DEAD STORAG E sEMENr CONSTRICTION M9VOLUME 1.53 AC FT D L WHI/ETINL STAGE STORAGE VOLUMES CMFORs - '11 , BSTING DRD NINAOE ELEVATIONS ACRES �e PROPOSED POND UPGRADE IXTSRNG RASEMFlR DRAINAGE a I 931.52 0.66 / PD CUFFpRO L MNDEHI(1 EASEMENT I ROCK EROSION 80 78D/ ST W I ° I CONTROL ENTRANCE. NWL=931.50 931.00 0.46 S 1 I 10o YR=933.90 SEE PROPOSED 23' 1 FROM CITY OF CHANNASSEN 930.00 0.37 CONSTRUCTION` _ MANAGEMENT ww. 21" 929.00 0.30 --��cc e O ACCESS I. I I 928.00 0.24 1 1A° EASEMENT fff ° 1 927.00 0.19 • IP 4AF'WS RSP11•L Hv YEt bt LeGEv Yf 9u Rol•n d! AS ]XUWN l llM WET/RICEWR9i UIM � Cl1Al11Y 7R user n.mvox.w..MT ,M A P.ar �� `•� wa 6 Tlc ST,TE 6 u,csorw BARR ENGINEERING CO. •MNWAPOLI% MN STREET BARBWATERSHEDCUENT 65U�,803 �^°'°'• "°°°^"°^a2 Rn:-°uo-•zz-zz s—t]—os f�ii'—PI11iCvAT�R1'—�.Ufl: ]C QISi i QWiWAS.SEH/mQ7 PRAIRIE. MNNESOTA �F�� WFSOEA 23 27—E61 wv." NRD PROJECT No. i A B C 0 1 2 3 "••' SITE RM-2.2 Pogr.J DWG. No. REV. No. N0. BY K APP DATE REVISION DESCRIPTION NNc RELEASED I ^� ��613IIT• •�-.Iz«"'-:'�,••° PLAN C-04 A aRO r� °o. DATE RELEASED CLASS ■ RPRAP - WTTH 6 GRANIAAR FLTER AMD MnDOT TYPE 5 FABRIC 20'-URUTY EASEMENT 4/4 - RIVER BIRCH (3) 1y CARORIAL RED TWIG CUF7OM7 L MNT N L 6D 7 Sf W. RNFR EIRCH (5) 7621 CHANhVSSEN ROAD "p SEA I a 1 a 25' PARIONG LET 1 ° ` TEMPORNFf CO/SIRUCIM ACCESS EASEMENT. SEE EASEMENT ORAWRIG \ m \ t i \ i / 7a 7M n W. WALL SILT FENCE• SEE>T - ROCK EROSION COITROI ENTRANCE. 1E 1 i / ADDRESS PENDING • I � j I 1 I I I I I i _ I I ADDRESS PENOTNG 0 0 30 60 SCALE IN FEET IF FND WET PMRIE SEED MIX Tango 7aTN sr. PLANT UST s"'SO; s..d mIx wa<PreiM�Nn• uueae Ww Fnei4Fa6w Aweos mleroap-Ows NOITaoe • Prairie Restorations Inc. or approved equiwlent seed mix Pb.dn, -aeu end wuuls species; quantity I eMe cannnm Bvfub nyn. RlrvBiM a 110INA MJWeNm Camas aarxn'CrC ef. Red Te, Dgeood I i to Pot w eaam ea mIDNda a .r ae WOm w owar suxmvw •o aw w . oia� v�oNn anus SAM ENGIN113 G CO. • N >nann s-t T-O5 LAKE RIEY/RICE MLAR91 LAW WATER GLALUY I PROYEMOM 23 27-E61 wes or ac saaE of wcsora ♦7M WEST 77TN STRFEF p'^^ NRD RREY-PURGATORY-6I-UFF CSC WATERSHED DISTRICT ILA A CUENT PR LUF No. BARR UNNEAPOM W sa.Hz 55s35-aB03 °va•° CHN* AS5EH/EDEH PRAIRIE. WNESOTA SfTE RM-2.2 •,e„m ,,,,4 RETEAoR A D t z 3 �aw.a. R.=ae.•n..: rw -ego-wa-un DWG Na. REV. Na. N0. w CNK APP DATE REVISION DESCRIPTION . TO/TOR •,a,. W rn� ,� Le>n EROSION CONTROL/PLANTING PLAN C-05 owE RFa. xo T DATE RELEASEp i-em-su-un eu..w., ron=..a A 7621 CNMIH45S£N ROAD )JOt (YWVALl9SEN ROAD IO0 YR. FLOOD - LEVEL . 933.90 WE D EXISTING DRAINAGE EASEMENT TRACT A + B 24' RCP STORM, SEWER INLET ii �"i'OO�O'i! 4'• EXISTNG 36- RCP -ARCH STORM S15VER POND OUTLET -- Is \�-M�Nl MANAGE EASEMENT ON ROCK EROSION EDGE OF BITUMINOUS 1 PARKING-25'I.01 CLIFFORD L WHREHILL 80 78W St W. \-N.W.L 931 YEAR FLOOD LEVEL = 933.90 FOUR PARKING STALLS WTNIN TEMPORARY CONSTRUCTION ACCESS EASEMENT TO BE OUT OF SERVICE DURING CONSTRUCTION CONCRETE CURB AND GUTTER LOTUS UWN AND GARDEN 78 78M ST, W. EJ05RNG DPoVwWE EASEMENT UNE AREA OF PROPOSED TEMPORARY CONSTRUCTION ACCESS EASEMENT 8.525 SO. FT. r1iE11TYyp/ll 0 30 60 SCALE IN FEET -••-••-•-------- NORMAL WATER LEVEL 931.52 = 100 YEAR ROOD LEVEL 933.90 -...-...-...-. WETLAND BOUNDARY ORNNAGE EASEMENT — — — — ACCESS EASEMENT -�+ EDSTING CONTOUR 931— PROPOSED CONTOUR PROPOSED POND ® EASEMENT ON WNOENILL PROPERTY ® EASEMENT ON LOTUS IAWN AND GARDEN • a �nvwi vs riiviun c m' um w IWiEIT smTNmw nm TWIT i.W . INIr AIM$ v ME SMUG a MxMsmA sw.Turc to ^^irY ar BARB &GI EIiRNG CO. 4700 N� 7 STREET MNN�1S. IRL 2 A-0 " a^^: FL'� 0) _i-Jug;' A. +--BJT-un ....Is..mm IMM As 5nuwry 5-1J-05 R LEY—PURGATORY—BLEiPF CREEK WA�car>Fa. DISIRNT GIA RIMEN PRAIRIE. MINNESOTA � � TAME �� S LAB S GI1N11Y ItS CKAMPSS,EN/EDEN PROW. MNE9001 23 27-ES1 o,;7 NRo CUEN PROTECT NO. `NLiO RELEASED A B C 0 1 2 3 SITE RM-2.2 EASEMENT PLAN DWG. No. (.'-O(j REv. Na. A IMMrIFD xac - RVC ay xo. IH^w+a ` Z. Bf APP DATE REVISION DESCRIPTION TO/FOR PATE REIFASED w>a.a I I 11 1 t 1 I --__EXISTING GRADE REMOVE ACCUMUUTED SILT FROM BEHIND WEIR APPROX. 196 CUBIC YARDS. TOP OF STEEL PIPE `WEIR 888.50 60' RCP erv.-661.70\ ! .... PROPOSED _,. ... I EXISTING RIP RAP TO I I 1 I REMAIN IN PLACE I I DATE 1 SECTION: SILTATION BASIN 0 5 10 SCALE IN FEET N♦c PROPOSED MAINTENANCE ROAD 2 SECTIONN : SILTA BASIN r-s'-a' 0 5 10 SCALE IN FEET 9ARR VFEST RING C0. t A RR 1700 WEST �1TN STREET //'1IS MwNEAPOLIS. wa � 55135-4803 F. ,-eoo-su-u' I-aro-vz-un EXISTING GRADE EXISTING RIP RAP TO REMAIN W PLACE 0 0 10 20 SCALE IN FEET WE THREE 18' CEP CULVERTS m AR J L 0.Y 5N. StIB BASE BASEE RLEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT 0-MRASSEN/EDEN PRAIRIE. MINNESOTA CLN RP 31 SECTION: MAINTENANCE ACCESS ROAD 0 5 10 SCALE IN FEET LAKE RCE RI EY/MVM LAIQ WATER MLIY OUBPROVENENTS BAAR C14NHASS N/EDFN PRARE. M WM=A cuEN SITE RM-2.5 DWG. I PLAN/SECTIONS SEE EROSION CONTROL PLAN FOR RM-2.6 FOR LOCATION F EROSION CONTROL ENTRANCE O O 20 SCAIE IN FEET LEGEND M?�S_c Wet Prairie Seed Mis a' Dry Prairie Seed Mix SILT FENCE. S* t NO KNNNDIS TRAIL TO BE OTED In CONTRACTOR AND EER PRIOR TO CONSTRUCTION. MMACE TO EXISTING TRAIL . BE REPNRED. PLItNT LIST 9eaelRp awe mw raw Wet Prate Gress Mw• 12 wave Wet Prme FOE Mw• 6e/eae .mg,-Oew Qwane Dy PraNe Grsss K 12 wave DY Preib Fap Miz• xwave mrerppp-Om e04,aae • Prairie Restorations Ina. ar approved eaaivolenl seed mix PMOng. -b..a aM anraba ewdss AA-0ty ale. rannMre tTyayMwwae daEwA KewyCoeea Tree 6 1- t YeeWn came rw..eo.e. Grey 0.9w T RPaE oawa.. m.aaa.Pe, ear Gae s s1a Pa aA N T v5 AVw♦D F uE all WLEn w wscr sReNs�oN uo IIWT I .W . olA. Mn x nc Wrs ff M SLNE 6 waE5elw e e.t c.: --3<RR rENcwEERNG CO. BARR 4700 WES ] H SmEET NINNE.POUS. LIN 55435- w [o.o=.n. reaaQuw� rn�tR-aoa-02) �-un h aoo-zax-lZ.2 .wA.r.mn on. A$ SNOWN to -it -Os RILEY-PURGATORY-BLUFF CRFiX WATERSHED DISTRICT CNANHASSEN/EDEN PRAIRIE, MINNESOTA LAMRLEY/RICE WR9i LAKE WATER C1141fY �FRO4E11FNf5 CROWMASSFN/EDFN PRAIRIE.MNTESOTA 23 2 .�. 23 7-E61 a... NRD CUENT P ECT No. sa«TWs RElFASED A B CMR�011 °"qe SITE RM-2.5 EROSION CONTROL AND PLANTING PLAN vmnm xeE - yn: as aa. prep�p DWG. No. G—� REV. Na. A N0. BY NK APP DATE REVISION DESCRIPTION TO/FOR DATE Aeao.m 0 0 30 SCALE IN F' M. 161 48" SAN INTERCEPTOR )EAD STORAGE I 'S75 Ar /FT 4GE VOLUMES ACRES 2.21 1.85 1.70 1.55 1.39 1.23 1.10 WITH 4' STRAIGHT PIPE Oa aova . s... F w: — —. F. nW .. W . w A i orau: 64RR OlGBEFitlRG co. "A'° �. AS SHOWN LAKE RILEY/RUCE MARSH LAKE WATER a ITY IMMMUENTS Pnwc�nu. 23 27—E61 WSTavo Wo ati. +,Ws a M mac a W.ezow r p ]�� ppDD 4]00 WEST ]1fH STREET °'' 5- l-O6 NRD RILE( —PURGATORY —BLUFF CREEK WATERSHED DISTRICT C11N1HASSQI/FDQ/ PRAIRIE, MINNf50G cu PRa cr Nn. qAjj L7/`1I'SI'S 11NNEAPO wi 55435_- CFMNN45SEN/<DEN PRHPoE, MINNESOTA SITE RM-2.6 Rn c•crn 0 1 2t1ir - �.. � o°ov� DWG. No. REV. No. NO. V CHK MP DATE REVISION DESCRIPTION c�Wy KWE _ uvs ay To" MIE RELGSFD t, (m)I + PIS +-sao-su-ssn ..... roww.a PLAN C-09 A WETIAND DELNEATION m., O¢tt,.[.p BE SWEPT WRING OPERATIONS CKING PVERR BIRCH (4)1 XW[ . SILT FDICE � / INSTALL ROCK EROSI CONTROL ENTARNCE. SEe wETIAFD OBSQNATION GRwm TRAL POND UPGRADE 3/4- ROCK 3/4- ROCK 550 0 30 60 SCALE IN FEET I rerun Ne.lc Pram. SuKl W..OAK ('.{) ® Emergent �x INSTALL SiT FENCE OR FILTRATION SOCK epproveE a iwlent u my _�,�/ ,�(•1 :��h�;:; ,��Z!/ '� �C - :fir .�� :�i •b.�L{�a�,-e�< :•kr� ��-,--,.I.,—�-�-,—���� • 1 0�0 •;00._ 1 T , ounEr • �-� 4 ROCK EROSION CONTROL ENTRANCE. SEE SECTION ON THIS �EET 29MILL SU PENCE OR ILlul" SOCIC m r wow WASHED ROCK TRkNSMON 3/4 EXISTNG 317JMINOUS TRNL MINDUS ROCK TRAX BEPOND ROCK EROSION CONTROLSPECIAL ; TRACKED DISCOVERED o EROSION -. WR PROJECT N.. EROSION CONTROL AND PLANTING PLAN �D�m� �0000n©© Gmm� - 890.0 890.0 NSEM T 10 8750 _ - 4 I ... EXISTING GRADE _..._. ......... ........... PROPOSED GRADE .. /..... ....... ... ...... __.. _..._ .... 1 4. .. ......... BOTTOM 0. 8872.0 ... __._ '_575.0 . _....... ___ _:.. _... _ ..._........ _. _.. _.... ........... -..... .. _.__. __.__ _.....__ _. ..:............ _ _..:... '__..._ ___... ......._. ........ _.._ ._. ......... .'. ;..._. _. ...._ 865.0 885.0 885.0 EXISTING GRADE _ BBO 0 NWL 8]e.oa p 10 875 0 PROPOSED GRADE BOTTOM EL 8872 T Y 8700 870.0 865.0 eSECTION: CROSS SECTION 0 SECTION: CROSS SECTION 935.0 LV 930.0 0 30 885.0 .....:..................._ 880.0 875.0 $70.0 80.0 1 SECTION: CROSS SECTION EXISTING ML FIX 0-298 Cm EXISTING GRADE BB5.0 487-PDIYEMriFNE FLARED END SECTION 880.0 875 0 ...... ._. .. ... S _ 975.0 - CMSS IN RIPRAP WDH 6' - GRANULAR FILTER AND mNDOT TYPE 5 FAORIG CLAS$ III RIPRAP W(fN 6' - GR@IDLAR FILTER AND 8]0.0 _......... ............ _..... i..... ..i...._..... .__.. ...J_ mNDQT TYPES, FABRIC ..... ... _ 870.0 EXISTING _M.RCP...__MCES INTERCEPTOR SANITARY'SEWER865.0_ 08671 .. _... .. _. ... . __ _.__ LB65.O 4�SECTION: CROSS SECTION 0 5 10 SCALE IN FEET SAW -CUT AND REMOVE 1.45' IN FRONT OF EXISTING STRUCTURE Nw1=878.00 PROPOSED GRADE 0. 880.0 GRADE 24' RCP SECTION SECTION: MODIFY EXISTING OUTLET STRUCTU \,ZJ 1._2.-G. 0 1 2 3 4 ......... i...I I I SCALE IN FEET w xvwer YSPM9Mm m' xE ox V,OCn w o srvcRlsoN M19 ,Nn Au . olA. vrvM orct. aNtR DB�R1O m. 9M N �nVNN LAW /FaCIE � LAKE WATER OIMl11Y _.... ........ . 23 27-E61 BARB aoo wEst 7]Tx �� s-t 7-os NRD RnE1'-PURGATORYCREEK wATrxsNEv Dslwcr awaw4ol/Eno� � DNA CUENT PRWECT No. vaw,ua 55435-A803 °"LeO caMtiMSSQ+/EDEN PltMitE. WESOTA SITE RM-2.6 slexrto RELEASED A B C 0 T 2 3 0w n.oeRw21 °":-e9o-vx-}zTT oeq.e DWG. NO. BY CKK P DATE REVISION DESCRIPTION xNc - iQ/FOR Ph n T..�.. lew<T,,,IOz-zeal .oa=... SECTION AND DETAILS C-11 ANo. PME �, No, PATE RELEASED ip°'mo-.wMi-z '- __na_�- ter' .a r; .•`v y r t�``� v� vas ,�. � 'e .w Alin Rlleo oft CRY DF �BORLTLM 91ID HICMWAY 5 CL III RIPRAP W 6• !1 GRANDIAR FILTER AND 6 MnWT TYPE 5 FABRIC CITY p CNAWHAiSEN m �, 0 > B RAP 9\> AND 5 F \ 5 FABRIC, > --115 \ \: 1\ W.S. p O 60 SCALE IN FEET E:mr 9b 950 949 I I F MSS ■ RPM c�Top , RCP CRANULAIR R rEL=95s 6)MrFOOT �7�A1p pp)FggN BOUNDARYm F.E.S. 2. RCP SEE,,, TYPE S 69 C-15 PROPOSED DEAD STORAGE M.N. 01 _ 18• vnI IIMF TR.SR A(:/FT CASTING ASSEMBLY T.C. -9M-25 REMOVE E%ISBNG 15• RCP F.E.S. NEENAH R-1642 INY. IN-949J0 N/. OUT=946.00 EXISTING GRADE i — 1— EASIPK ;s RCP 946.0 b• - 1B• RCP GL II 0 2.01% INCLUDING 1 SECTION: MANHOLE 1 AND F.E.S., TRASH RACK STAGE STORAGE VOLUMES ELEVATIONS ACRES 945 3.21 944 2.85 943 2.69 942 2.52 941 2.33 940 2.17 939 2.02 938 0.26 937 0.22 AND BE BOLTS p 5 10 IXISTING LIVE STORAGE=16.6 AC/Fr gtkL� IN FEET PROPOSED LIVE STORAGE-91.0 AC FT _pmje°. W :° eARR ENGINEEF" CO. kRR 4MO WEST T1 H STREET YNFiAPOL15, MIL 0>_ e x-e�woe2yuz°rtze12c lz-zzn F— >-2.1 AS SNOWN "-44JW.Rl Ir—aJff CREEX WATERSHED TRICT RI DIS pANYSISOVmEN PRAIRIE, MINNESOTA LAKE KEY/RICE NARSN LAM WATER WLITY 9664KNEMENTS CNNImssm/EDEN PRAIM MINNESDTA BAR PROJECT Na. 23 27-E61 9aM 5-17-05 N RD Cll PROJECT No. Cp6.eyfniy4 SITE RM-6.5 PLAN pWG. No.5535-480 C— Al2 Va. mw my-Oeta ewes AO aleve En- x 109leva Prawle Reaa -lnix approd qiwlmt seed mix RewpnMZPna W atlalNMe n�nA eemmonnM %AAAlaia .Maneequa: Cmenw roan 10 SeObrw Anowlwe z sdD RleieeD ItMx wll M sd% nRW^uA W aes 10 StlRex AAodwx c...n YrNxn 1D G➢wlna Pa�nMa Pra'+�mNpaea MI 219.dhg , fOpeurMa Nl�ava PMnWpa-b ane xamn. xpatlw WwatY xlxx connMllt '�'• �' 13 moft2 MUMSMm GRANULAR SUER AND MnDOT TYPE 5 FABRIC, SEE 6 C-15 0 w 60 WALE IN FEET Mask Preiris SeM Yix 7Jj/� Emergent Yix uaarirs ParP/aen R 1NFM: a uam oerc+ swca�w ao TWT I Ae A pxr ps.am acm ours nE �� of wewOrA sauvs ® :tt: �K«: a•oBMR ENGINEERING CO. BARR A)OD WEST ]Till $TREEf Y55A35-�8G3 EAPOM M. _ _ Po;aJ unneele s1(953) dR�-iepl Ple-eoo-eaz-�» `-�r�� "4Y DON. AS SHOWN s-1T-os R0.EY—PURGATLIRI'—BUFF CREEK WATERSHED DISTRICT CILAHUESSElI/EDEN PRAIRIE, MINNISOTA LAKE RILEY/RICE MARSH LAKE WATER "L" IMPROVEMENTS C3WYiA55ETN/EDEN PRAIRIE. MNN60TA 23 n paten NRG CT N.. LUEM PROJECT No. SITE RM-6.5 EROSION CONTROL/PLANTING PLAN Np er C10c APP GATE REVISION DESCRIPRON rawm wyr ah Iaa fa TG/FaR FOR A B ('. I 1 2 3 DATE REL.FwsED x DWG. NO. C-13 REV. N. A �P� i Ef0^.I9lG GRADE_ ........_ ..... __ PROPOSER GRADE. _ _ .... _... _ _.. ....... . _..... ..... __....__ ___... ... s .. to '_. 3 _ ate.. __ 'v _:. e i .. ... ♦_.. A t [ 1 4. 1._FOIE BAP — _ BORON @939.0 _ B6Tt0M EL 93IO. 945.0 H-30 V-5 9M0.0 0 30 LU!M 900.0 945.0 2SECTION: FORE BAY CROSS SECTION LH=30 9M0.0 0 30 GSECTION: CROSS SECTION c-1- 955.0 950 3- MO %5 vz55 940.0 0 30 SECTION: POND CROSS SECTION SM.O ...... ..... —L.......... —_:__._._ _.:......_.__.....__� 950.0 T EXISTING CS AND GRATE DUMP COARSE WASHED ROCK - (2" TO 3" NOMINAL SIZE) NOTE 8'-0' MAXIMUM UNLESS DIRECTED OTHERWISE ON BOTH SIDES OF ENTRANCE p1rdLIM131 V t m ilelal Al 2(04 •AM H' REMOVE AND REPLACE CURB IF NECESSARY SEE NOTE 1 6. qr, fi' MINIMUM O � NOTE 8'-0" 4AXIYUY UNLESS DIRECTED OTHERWISE. COARSE WASHED TYPICAL BOTH SIDES OF ENTRANCE ROC( 2 I MINUS 44 DETAIL:ROCK AND ASPHALT EROSION CONTROL ENTRANCE -1 NOT To scut WOOD OR STEEL POSTS SPACED 4' O.C. MAX. FILTER FABRIC MATERIAL SECURELY FASTENED TO THE POSTS FILTER FABRIC WTERIAL MUPROX. 12" OF FILTER FABRIC MATERIAL ST EXTEND IWO A TRENCHBE ITNBAND ANCHOREDEXISTING MATERIAL GRADE I APPROX. 6" BY 6' TRENCH I.INSTALL SILT FENCE AT TOE OF SLOPE PRIOR TO EXCAVATION AND GRADING. 2.REMOVE SILT FENCE WRING INSTALLATION OF EROSION CONTROL BLANKET. 3 DETAJL:SILT FENCE -I -o I.V 1 2 SCALE IN FEET METAL BASKET INSERT I' R ASSEMBLY PERFORATED 8' PVC WITH GEOTEXTILE SOCK EXISTING CURB 4 DETAJL:INLET PROTECTION METAL BASKET TYPE NUT TD bG EXISTING CS GRATE INSIDE OF GEOTEXBLE BA; WTM ATTACHED CURB OPENING LOG OW GAP EXISTING CURB 5 DETAIL' INLET PROTECTION,RI SOCK TYPE .1 TO SCALE AREA TO BE PROTECTED WATER FLOW WORK AREA COMPOST ❑ SILT SOCK 2' X 2" WOODEN STAKE a SILT SOCK (12'-18" TYPICAL) FILLED WTTI1� CALPOST \\\\\\ WORK AREA AREA TO BE PROTECTED PLAN VIEW SECTION 6� SECTION- SILT SOCK - / NOT TO SCALE 1. ALL ADJACENT STREETS MUST BE SWEPT TO KEEP THEM FREE OF SEDIMENT AND MATERMLS TRACIKED OFF SITE. CONTRACTOR MUST MONITOR CONDITION AND SWEEP AS NEEDED OR WOHIN 24 HOURS OF NOTICE BY THE COY OR WATERSHED ENGINEER. 2 ALL DISTURBED GROUND LEFT INACTNE FOR FOURTEEN OR MORE DAYS MUST BE PROTECTED FROM ERMKLN BY STABILIZING WITH SEEDING OR MULCHING. 3. SILT FENCE SHALL BE INP E AS SHOWN ON THE DRAWINGS BEFORE STARTING EARTHWORK. ADDITIONAL SILT FENCING MAY BE REQUIRED AND SHALL BE INSTALLED AT LOCATIONS DENIED NECESSARY BY THE PROJECT ENGINEER OR CONTRACTOR_ 4. ROCK CONSTRUCTION ENTRANCES SHALL BE MAINTAINED AND OR REPLACED IF THEY BECOME COMPACTED WITH SILTS AND LAVE EXCESSNE VEHICLE TRACKING PROBLEMS. 5. ALL STORM DUN INLETS A ENT TO THE CONSTRUCTION SITES AND ALONG HAUL ROUTES SHALL REQUIRE EROSION CONTROL PROTECTION. THEY SHALL BE MANTANED THROUGHOUT THE CONSTRUCTION PERIOD AND CHECKED ON REGULAR BASS TO ASSURE THEY ME IN PROPER WORKING ORDER AND NOT OBSTRUCTING STREET DRAINAGE 6. ALL NEW CATCH BASINS INSTALLED IN THE PROJECT SHALL HAVE INLET PROTECTION INSTATED IN THEM AND MAINTAINED UNTIL ALL PERMANENT STABIUZATION HAS BEEN E5TABUSHED. 7. REFER TO SWPPP FOR DUALS OF EROSION CONTROL PREVENTION. SEDIMENT CONTROL. AND MANTENMCE. AS SHOWN EA 2 EACH 1' (25 mm) REBAR FOR - SAG REMOVAL FROM INLET SIITSACK EXPANSION RESTRAINT (1/4" (6 mm) NYLON ROPE 2" (51 mm) FLAT WASHERS] WNP STRAP DETAIL' INLET PROTECTION SEDIMENT FILTER SACK NOT TO SGME • •�i� .Igs .'f�r A Ito 8 PLAN: RIP —RAP APRON NOT ro SCNE OR GEOTEXIILE Nn00T TYPE V 9 SECTION: RIP —RAP AND FILTER 18' RIP -RAP 6' GRANULAR FILTER BLANKET OR GEOTEXOLE MnDOT TYPE V SECTION: PIPE AND RIP —RAP 12T8IY 1. THE CONTRACTOR. AT HIS OPTRIN, MAY SUBSTITUTE A GEOTEXRLE FABRIC. SPEC. 3733. FOR THE GRANULAR FILTER BLANKET UNLESS OTHERWISE SPECIFIED IN THE PLANS. THE FABRIC SHOULD COJNR THE AREA OF THE RIP -RAP AND EXTEND UNDER THE PIPE V. w MPart ws NC:vMFO T IC Ox Vlocrt ui WRC! $UPFRA%YI Nro lI4T Y .IAA: F.6, ` n uNs a ,wE STALE a w16RlA RDMTAW •• pm—o.... am BARR EiG•IEERRNG GD. BARR 47M E 77TN STIiEET MWNIJPOLLS, MIN. 55435-4803 c°'^°'m. ".°°m."I^� °n I'°°°-tu-un Am^°F'.F-m' KRs2) II32-2ra1 NXI-An-un .ev..cun NMI. 1D-31-as RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT CHANWLSSEN/EDEN PPAIRIE. MNNESOTA /py� LAKE RIfi INN IIARS71 LAIff rtlLTFJt GIlIl1IY �PROVElQIfS @NNKSSF71 PRASE, YNN60TA 23 27—E61 NRD CLIENT PROI CT No. t� /FDR A B C 0 1 2 3 MlE RELEASED �� EROSION CONTROL/PLANTING TYPICAL SECTIONS AND DETAILS No Bt GIK APP DATE REVISION DESCRIPTION _ Pw1m " IMTE me xu psy".° DWG. No. C-15 No - A A.pwN uodag uopvaullaa puv1paM DRAFT June 16, 2005 Ms. Lori Haak City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317-0147 Re: RPBCWD Proposed Ponds Wetland Delineation Dear Ms. Haak: ' As part of the preliminary planning stage to potentially construct additional water quality basins within the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the City of Chanhassen, we have delineated the jurisdictional wetland boundaries and determined the wetland types in ten t separate areas. All ten of the areas (Figure 1) contain wetlands (as defined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual) and will likely require alteration as part of the proposed pond construction project. As you know, wetland filling (and excavation within certain t wetland types) is regulated by the Wetland Conservation Act, which is administered by the City of Chanhassen. The evaluation areas in Township 116 are as follows: ' • RM-1.1: Carver County, Range 23, SW 1/4 Section 13. • RM-2.1: Hennepin County, Range 22, SWIA Section 7. • RM-2.2: Carver County, Range 23, SE1/4 Section 12 and Hennepin County Range 22, SWIA Section 7. ' • RM-2.4: Carver County, Range 23, NE1/4 Section 13. • RM-2.5: Carver County, Range 23, E central Section 13. • RM-2.6: Carver County, Range 23, E central Section 13 and Hennepin County Range 22, W ' central Section 18. • RM-2.8: Carver County, Range 23, NEl/4 Section 13 and SETA Section 12. • RM-6.5: Carver County, Range 23, NW1/4 Section 13. ' • RM-6.9: Carver County, Range 23, N central Section 13. • RM-999.16a: Carver County, Range 23, E central Section 23. ' Wetland Delineation and Classification Methods ' The wetlands within the potential alteration areas mentioned above were identified and field delineated on May 2 through May 5, 2005. The delineations were established according to the Routine On -Site Determination Method specified in the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Edition). The Hennepin County and Carver County Soil Survey map for the project area is provided in Figure 2 and the National Wetland Inventory Map is provided in Figure 3. ' P:\23\27\E61\Wetland Delineation Repott\Wetland Delineation Repon_060605.doe -2- The delineated wetland boundaries (Figures 4 - 9) were marked in the field with pin flags that were numbered and placed at intervals of approximately 20 to 50 feet. The wetland boundaries were surveyed using a Global Positioning System with sub -meter accuracy. The delineated wetlands were classified using both the U.S. Fish and Wildlife Service Circular 39 Wetland Classification System (Types 1, 2, 3, etc.) and the U.S. Fish and Wildlife Service Cowardin Wetland Classification System (PEMB, PSSC, PFOB, etc.). The dominant plant species in the wetlands were identified, and the corresponding wetland indicator status of each plant species was determined and noted on the Wetland Data Forms (Appendix A). A summary of the wetland classifications and wetland areas are provided in Table 1. General Environmental Setting The properties investigated for the presence of wetlands encompass 52 acres, within the City of Chanhassen. Each of the ten evaluation areas have been disturbed by past construction practices and the majority of the sites currently serve as stormwater treatment areas. The vegetation and topography surrounding each evaluation area varies considerably, although the vegetation within the sites typically consisted of a dominance of hydrophytic vegetation with no slope or a slight slope towards the center of a depression or to a defined outlet. The wetland descriptions below provide more detail regarding each site. The area has received above average precipitation during the 2004 growing season, an average snow fall, and average precipitation in the spring prior to the 2005 wetland delineations. Wetland Descriptions The delineated wetlands are described below and the Wetland Data Forms are included in Appendix A. The rationale for each wetland determination is provided on the data forms. The size, type, and classification of each delineated wetland are listed in Table 1. Area wetlands identified on the National Wetland Inventory (NWI) map are shown on Figure 3. In addition, wetlands shown on the Minnesota Department of Natural Resources (MnDNR) Protected Waters Inventory (PWI) map for the surrounding area can be found on Figure 4. • Site RM-1.1: Wetland 1, a 3.9 acre (within the evaluation area), Type 4/3/1 (PEMF/C/FOA) shallow to deep marsh/floodplain forest (Figure 5), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. The wetland extends to the west beyond the proposed pond construction area and is bordered to the north by a walking path and maintained lawn. The wetland is dominated by reed canary grass (Phalaris arundinacea), sandbar willow (Salix exigua), cattail (Typha sp.) black willow (Salix nigra) and box elder (Acer negunda). Upland vegetation includes boxelder and avens (Geum sp.) in the forested area and maintained lawn with Kentucky bluegrass (Poa pratensis), common dandelion (Taraxacum laevigatum), ground ivy (Glechoma hederacea), leafy spurge (Euphorbia esula), birdsfoot trefoil (Lotus corniculatus) and red -osier dogwood (Cornus stolonifera). The typical soil profile near the edge of the wetland consists of 2 inches of black (1 OYR 2/1) sandy loam, above at least 22 inches of black (10YR 2/1) sandy loam with dark yellowish brown (IOYR4/6) and pale brown (IOYR6/3) mottles. Approximately 50 percent of the wetland was inundated with 6 inches to 2 feet of water during the May site visit. FA23\27\E61\Wet1and Delineation Report\Wetland Delineation Report 060605.dm -3- 1 • Site RM-2.1: Wetland 1 is a 0.08 acre, Type 4 (PUBF) deep marsh (Figure 6), which is located ' within a business lot and is bordered by a small area of maintained lawn used for a sitting park. The wetland is dominated by fowl bluegrass (Poa palustris) with open water and rock edging t along the wetland. Upland vegetation includes maintained and mowed Kentucky bluegrass with planted cottonwood (Populus deltoides), aspen (Populus tremuloides) and spruce (Picea glauca) trees. ' The soil profile near the edge of the delineated wetland consists of 1 inch of black (10YR 2/1) sandy loam, above 5 inches of black (1 OYR 2/1) sandy clay. The underlying layer consists of at least 18 inches of black (IOYR2/1) sandy clay with greenish gray (5G5/1) mottles. The wetland twas inundated with as much as 2 feet of water during the May site visit. • Site RM-2.2: Wetland 1 is a 1.8 acre, Type 4/3/6 (PEMF/C/SSB) deep marsh/shrub-carr (Figure t 7), which receives directed stormwater from inlets located at the north, west and east edges of the wetland. The wetland is bordered by railroad tracks to the north, business parking lots to the east and south, and is located northwest of wetland RM-2.1. A nursery is also located along the tsouthern edge of the wetland. The wetland is dominated by cattail, reed canary grass, box elder, cottonwood, willow species ' (Salix lucida and Salix nigra), red -osier dogwood, aspen, goldenrod (Solidago spp) and Canada thistle (Cirsium arvense). Upland vegetation includes cottonwood, oak (Quercus spp.), box elder, goldenrod, Kentucky bluegrass, clover (Trifolium spp.), arborvitae (Thuja occidentalis), birdsfoot ' trefoil, red -osier dogwood, maple (Acer spp.), and sumac (Rhos spp.). The soil profile near the edge of the wetland consists of 5 inches of black (IOYR 2/1) loam, ' above at least 11 inches of black (IOYR 2/1) loam with mottling. The wetland was inundated with 6 inches to 2 feet during the May site visit. • Site RM-2.4: Wetland 1 is a 0.27 acre, Type 3/4 (PEMF/PABF) shallow marsh/deep marsh ' (Figure 8), which receives directed stormwater from Lake Dr. to the south and business parking lots and driveways along the north, west and east borders. A car wash is located north of the wetland. ' The wetland is dominated by cattail, duckweed, sandbar willow (Salix exigua) and box elder. The upland vegetation includes mowed and maintained Kentucky bluegrass and planted blue spruce, ' red pine and green ash. Impervious surfaces surround the wetland. The soil profile at the edge of the wetland consists of at least 12 inches of black (10YR 2/1) ' muck with numerous greenish gray (5G 5/1) mottles and inclusions of peat. Thirty percent of the wetland is Type 4 (PABG) and inundated with as much as 2 feet of water. Seventy percent of the wetland is Type 3 (PEMF) and inundated with approximately 6 inches of water during the May ' site visit. • Site RM-2.5: Wetland 1 is a 0.08 acre, Type 4/6 (PABG/PSSB) deep marsh/shrub-carr (Figure 9). The wetland receives stormwater from surrounding residential lots. A weir separates the north ' and south portion of the wetland. There is an inlet at the north end of the wetland and water flows south from this wetland, under an asphalt walking path and into Rice Marsh Lake at the location ofRM-2.6. ' PA23\27\E61\Wetland Delineation Report\Wetland Delineation Report 060605.dw The wetland is dominated by reed canary grass, box elder, red -osier dogwood, buckthorn (Rhamnus cathartica), aspen, and black willow (Salix nigra). Vegetation immediately surrounding RM-2.5 includes reed canary grass, crown vetch, leafy spurge, Acer negunda, common buckthorn and sumac. There is a bituminous walking path and mowed Kentucky bluegrass to the south. The soil profile at the edge of the wetland consists of 14 inches of dark greenish gray (Gleyl 4/1) loam. Seventy percent of the wetland is Type 4 (PABG) and thirty percent is Type 6 (PSSB). Seventy-five percent of the wetland was inundated with as much as 12 inches of water during the May site visit. • Site RM-2.6: Wetland 1, a 3.5 acre Type 4/2/3/6 (PABG/PEMB/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 9), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. This wetland is located within a c3y park. There is a bituminous walking path along the north and west of the wetland with residential lots to the north beyond the park. . The wetland is dominated by reed canary grass, Canada watermeal (Wolffia borealis), sandbar willow, and black willow. The dominant vegetation immediately surrounding RM-2.5 is reed canary grass. There is a bituminous walking path and mowed Kentucky bluegrass to the north. The soil profile at the edge of the wetland consists of 5 inches of very dark grayish brown (10YR 3/2) loam with few small yellowish brown (10YR 5/8) mottles above 3 inches of brown (I OYR 5/3) and dark gray (I OYR 4/1) loam with yellowish brown (I OYR 5/8) mottles. The next layer beneath consists of 7 inches of gray (10YR 511) and very dark gray (lOYR3/1) loam with some large dark yellowish brown (1 OYR 4/4) mottles. The underlying layer consists of at least 9 inches of black (lOYR 2/1) loam with many large yellowish brown (1 OYR 5/6) mottles. Forty percent of the wetland was inundated with as much as 6 feet of water during the May site visit. • Site RM-2.8: Wetland 1 is a 0.035 acre, Type 1 (PEMA) seasonally flooded ditch along the south side of the railroad tracks (Figure 10). This ditch receives stormwater from the railroad to the north and surrounding uplands in the south. The wetland is dominated by reed canary grass, cottonwood, boxelder and red -osier dogwood. Approximately 50% of the wetland is unvegetated. Upland vegetation includes leafy spurge, reed canary grass, goldenrod and cottonwood. The soil profile in the center of the wetland consists of 24 inches of black (1 OYR 3/1) sandy clay with many distinct yellow (lOYR 7/6) mottles. The soil was damp at the surface and water was observed at a depth of 3 inches during the May site visit. Site RM-2.8: Wetland 2 is a 0.003 acre, Type 1 (PEMA) seasonally flooded ditch, which receives directed stormwater from an inlet west of Highway 101 (Figure 10). This small wetland is located in the northeast comer of the evaluation area south of the railroad tracks and west of Highway 101. The wetland is dominated by fowl bluegrass, switchgrass (Panicum virgatum), and cottonwood. Upland vegetation includes switchgrass and brome grass (Bromus inermus). P:\23\27\E61\Wetland Delineation ReporMetland Delineation Repon 060605.dm -5- The soil profile within the wetland consists of 6 inches of very dark brown (IOYR 2/2) loamy ' clay with some yellowish brown (IOYR 5/6) mottles, above 7 inches of gray (1OYR 511) loamy clay with numerous yellowish brown (IOYR 5/6) mottles and organic streaking. The underlying 11 inches is a light brownish gray (IOYR 6/2) clay with numerous brownish yellow (IOYR 6/8) mottles. The wetland was saturated to the surface and water was observed at a depth of 14 inches during the May site visit. ' No wetlands were found within the vicinity of the proposed pond at the center of the evaluation area for Site RM-2.8. ' Site RM-6.5: Wetland 1 is a 3.4 acre, 4/3/2/6 (PABG/PEMF/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 11), which receives directed stormwater from Highway 5 to the south and Market Blvd. to the east. Railroad tracks border the wetland to the north, with a shopping center north of the railroad tracks. 1 The dominant vegetation within the wetland includes cattail, pondweed (Potamogeton sp.), reed canary grass, willow, red -osier dogwood and cottonwood. Upland vegetation includes Kentucky ' bluegrass, dandelion, sumac and cottonwood. The soil profile at the edge of the wetland consists of 3 inches of very dark gray (IOYR 3/1) ' muck above 21 inches of greenish gray (5G 5/1) muck with numerous yellowish brown (1 OYR 5/8) mottles and organic streaking. Seventy percent of the wetland was inundated with as much as 3 feet of water during the May site visit. ' • Site RM-6.9: Wetland 1 is a 0.24 acre, Type 3/4/6 (PEMF/PABF/PSSB) shallow/deep marsh/shrub-carr (Figure 12). This wetland receives stormwater from Great Plains Blvd. to the ' west, Lake Dr. to the north, and surrounding residential lots to the east and south. The wetland is dominated by box elder, common buckthorn, sandbar willow, white willow (Salix alba), cattail, goldenrod, leafy spurge, reed canary grass, cottonwood and aspen. Upland ' vegetation includes cottonwood, white willow, Kentucky bluegrass, red pine, spruce, dandelion, green ash, sumac, leafy spurge, goldenrod, brome grass, and birdsfoot trefoil. ' The soil profile at the edge of the wetland consists of 5 inches of dark grayish brown (IOYR 4/2) sandy clay above 13 inches of dark grayish brown (IOYR 4/2) and black (IOYR 2/1) sandy clay with many dark greenish gray (5G 4/1) mottles. The underlying layer consists of at least 6 inches ' of black (IOYR 2/1) sandy clay with some dark reddish brown (5YR 3/4) and many greenish gray (LOGY 511) mottles. The wetland was inundated with as much as 2 feet of water during the May site visit. ' • Site RM-999.16a: Wetland 1 is a 3.8 acre, Type 3/1/2/6 (PEMC/PFO/SSB) shallow t marsh/floodplain forest/shrub-carr (Figure 13). This wetland receives stormwater from surrounding residential lots to the north. ' The wetland is dominated by reed canary grass, hybrid cattail (Typha glauca), black willow, peachleaf willow (Salim amygdaloides), and cottonwood. Upland vegetation includes reed canary grass and brome grass. ' The soil profile at the edge of the wetland consists of at 14 inches of black (IOYR 2/1) muck ' PA23\27\E61\Wetland Delineation ReportMetland Delineation Report_060605.dm above 10 inches of black (IOYR 2/1) loamy clay with sand and few large yellowish brown (IOYR 5/6) mottles. Thirty percent of the wetland was saturated to the surface during the May site visit. If you have any questions regarding the results of the wetland delineation, please contact me at (952) 832-2610. Sincerely, 21�z �-V� Mark E. Wilson Wetland Biologist cc: MW Attachments P:\23\2M61\Wetland Delineation Report\Wetland Delineation Report_060605.dm Tables Table 1 Wetland Delineation Summary Wetland ID Circular 39 Type Cowardin Classification' Area in square feet Area in acres RM-1.1 4/3/1 PEMF/C/FOA 169015 3.880 extends into Rice Marsh Lake RM-2.1 4 PUBF 3507 0.081 RM-2.2 4/3/6 PEMF/C/SSB 76345 1.753 RM-2.4 3/4 PEMF/PABF 11770 0.270 RM-2.5 4/6 PABG/PSSB 3503 0.080 RM-2.6 4/2/3/6 PABG/PEMB/PEMC/PSSB 150246 3.449 extends into Rice Marsh Lake RM-2.8 W1 1 PEMA 1513 0.035 RM-2.8 W2 1 PEMA 114 0.003 RM-6.5 4/3/2/6 PABG/PEMF/PEMC/PSSB 146670 3.367 RM-6.9 3/4/6 PEMF/PABF/PSSB 10269 0.236 RM-999.16a 3/1/2/6 PEMC/PFO/SSB 167055 3.835 Total 740006 16.988 U.S. Fish and Wildlife Service, Circular 39 Classification System Z U.S. Fish and Wildlife Service, Cowardin Classification System P:\23\27\E61\Wetland Delineation Report\WetlandSize.xls Figures m = ® gy m m� m� M m m m 7 'H4a1p r �� �rtrtd9e G[r _ Yl �i el, k'� . fi/Y!\2605 7 24;41 �xM h� t. { _,ry-,:. ( P "'VJ J O °h j, fr L 7ef Antt r y% s at'� ew R* =M !„ i! �1 ° .a, "' Deerfield Cr N �' Lar nce Way 9 .. Highland Dr-CatA1�1' .r 10 rG l/` Kristie La a I: Evener Wa� Alta r/ � n �r 1, m - c_>Dcl NO Dr ;'ll;"° c�i �ce�,aq� / 3 h'Ca. ^� tp, t r.. b"�L C robe r m I P ' �li,`�11�.:� gg 1 F i`L(!}i 'r� anta Fe m 77th St ' Mafia St I .� ., �. - w i ` �� _ I - . Y"Pine Dr Iwo v �� r fig r x _ Lake br 1 - 11 \ '.,R i 1 Ci f 1 i kb b i N • - �, :� 1 I Ii lln ., +f, 1 1 Y�_ i 4 � I }IYVV g0- t,r, .r e • .11,,, ..+, yr / ` _ i �' { '� � ' ,o a ... Feat 2,000 1,000 0 2,0W t_� O Welland Evaluation Sites l N W+ E Figure I WETLAND EVALUATION SITES Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District 1 Y�_ i 4 � I }IYVV g0- t,r, .r e • .11,,, ..+, yr / ` _ i �' { '� � ' ,o a ... Feat 2,000 1,000 0 2,0W t_� O Welland Evaluation Sites l N W+ E Figure I WETLAND EVALUATION SITES Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District R M-2.2 1, RM-2.gi •RM-2.1 •RM-2.4 Y MF 46 RM-+6.9'_ RM-999.16a e RM-2.5 •RM-2.6 RM-1.1"' f � 1 -► Lofas Lake r / \ r :,x• \ (10- nr l,y i J 1 Unnamed (27 972 W " � r amgd 7 ) e401wok, cc Jftp �f �� 'r 1. l � r?� yr. �r �, '-t, /i '..1 _ _" A �I � %W+>F`\`. c ••Y.. J / 1l _ NI t a. � I, I �� ��`^• ✓'' 4 FibIJ 1 j � e •\ I't �„ �3 •'�� Ji ' L: CM Y, ? 1. li i� / +h. tl�\� 1� .� .�I^', li•' 1.�1 • 1�'•�;r- ^__ _�j v�p.�ev' ( _ � r �n t. •2.5 ��`'x !00'//�t�\�tl \y \ ) �,,. t • x •r Unnamed 27 I a SU.f1 UMai �. - Marsh (10-1 P) N ' moo'/vI100 \\ �.t �� t fi✓, l 1 I �� o 1 hHDOao:.. Yr d at �rir i''— UnnaYllfl@ 7-974 W) 11 Unnamed (27-977 W) e Drake Pond (27-975 W) �, R i 40 __ tt`` �a S•:.) Y: Ci)inamed (2 -978 W) 1 _ �ryp,ii(( Unnamed( IUVnV WI) ' ✓ hr +' '• y ft_ RI11�=9 Jacques Pond (27 976 W)Unr imed (2� Y Unna 1 1: 1.000 500 0 t.000 2.000 W+ � o J .1 I '`... t :''✓� ; - Figure 4 ' )1 t r'1 aoq 1t �� /' t i ¢ , r ' • DNR Protected Waters and Wetlands Rile 0-2 • l r Wetland Evaluation Sites DNR PROTECTED WATERS AND WETLANDS Lake Susan and Rice Marsh Lake Proposed Ponds �lllTAN f fr > }'. Riley -Purgatory -Bluff Creek Watershed District pd-Mi�lrYi- IgF(�gr `2t� • r �',,, � Nesse Cordova 1411, i lop Nes N "*GPSDataPoints Feel as zo u ao Wetland Delineation W+ E WetiandEvaluatlonArea S _ Proposed Pond Creation/Alteration Area Figure 6 NWI O RM-2.1 WETLAND DELINEATION Hennepin County Soil Survey Lake Susan and Rice Marsh Lake Proposed Ponda Carver County Sox Surrey Riley -Purgatory -Bluff Creek Watershed District � wwa 19.05 AM File,%�.\Projej31 "1SVP§ pipe 1 l C a � f N GPS Data Points Feel eo ao o eo E Worland Delfneatfonmmm1C==� W* WetlandEvaluationArea S Proposed Pond CmliordAlteation Area Figure 7 C3 NWl RM-2.2 WETLAND DELINEATION Hennepin County soil survey Lake Susan and Rice Marsh Lake Proposed Ponds Camer County Soil Sumey Riley -Purgatory -Bluff Creek Watershed District pw V 04, ere. 4k 4b N GPS Data Points Feet so 30 0 60 120 • Wetland Delineation ism W+ E WetlandEvaluationArea S Proposed Pond Creation/Alteration Area Figure 9 C3 NVVI RM-2.5 and RM-2.6 WETLAND DELINEATION Hennepin County Soil Survey Lake Susan and Rice Marsh Lake Proposed Ponds Carver County Soil Survey Riley -Purgatory -Bluff Creek Watershed District Pie- AV \Jd r e il AV Piba< • We gVd N OPS Data Points Feel 00 ae a Be Welland Delineation W+ E OWeaandEvaluationArea S _ Proposed Pond Creetion/AlterationArea Figure10 Q NWl RM-2.8 WETLAND DELINEATION �3 Hennepin County Soil Surrey Lake Susan and Rice Marsh Lake Proposed Ponds IJ Carver county Soil Survey Riley -Purgatory -Bluff Creek Watershed District l'ab ire so d ,ao _ Proposed Pond CreatioNAaeretion Area QNVVI Hennepin County soil survey Carver County Soil Survey RM-6.5 WETLAND DELINEATION Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District inlet 2ft File: roject //elf li}�Jser. k y m C7 r GPS Data Points FW ap 00 0 90 Welland Delineatlan WeaandEvaluationArea — Proposed Pond CreatlorVAlteretion Area QNWl Hennepin County Soil Survey Carver County Soil Survey Figure 12 N W+ E S RM-6.9 WETLAND DELINEATION Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District N Barr Fooler Date fi/6�5 2:26�3A 00�h' w m a Lyman 91vd r—-- -- _ — N GPS Data Pone Feet so w e zo Wetland Delineation F • �• QWetlentlEveluatlonArea S _ Proposed Pond CreatlontAlteration Area Figure M 13 a Q Nvyl RM-999.16a WETLAND DELINEATION • . , ,� Hennepin County Soil Survey Lake Susan and Rice Marsh Lake Proposed Ponds _ Carver county Soil Survey Riley -Purgatory -Bluff Creek Watershed District IN Wetland Delineation Decision 1 1 1 1 1 1 1 1 Name and Address of LGU: City of Chanhassen — P.O. Box 147 — Chanhassen, MN 55317 Name of Applicant: Riley -Purgatory -Bluff Creek Watershed District Project Name: Lake Riley/Rice Marsh Lake Basic Water Management Plan Type of Application (check one): Date of Decision: July 28, 2005 ❑ Exemption Decision ❑ No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision ® Wetland Type/Boundary Decision Check One: ® Approved ❑ Approved with conditions (see note on page 2 regarding use of wetland banking credits) ❑ Denied Summary of Project/Decision (indicate exemption number per MN Rule 8420.0122, if applicable):The RPBCWD intends to construct a number of storm water ponds within the watersheds of Lake Riley and Rice Marsh Lake The wetland delineation reportdated June 16 2005 identifies eleven wetland basins in the project area. The delineation renort was submitted to the City of Chanhassen for review. The City met with Mark Wilson Barr Engineering) on -site on June 23 2005 to review the wetland delineation Three of the eleven wetland basins identified in the delineation report are not jurisdictional wetlands and are therefore not subject to the requirements of the Wetland Conservation Act Sufficient data is not available to determine whether Wetland 1 Site 6.9 is a iurisdictional wetland. No decision is made on Wetland 1 Site 6.9 at this time. List of Addressees: Landowner: Bob Obermeyer, RPBCWD Members of Technical Evaluation Panel: Greg Graczyk, Carver SWCD Brad Wozney, BWSR Watershed District or Watershed Management Organization (If Applicable): Mark Wilson, RPBCWD Department of Natural Resources Regional Office (select a ro riate office): ' Lk Riley Basic Water Mgmt WL Decision 9/16/04 - Page 1 of 2 NW Region: NE Region: Central Region: Southem Region: Regional Director Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. Reg. Env. Assess. Ecol. 2115 Birchmont Beach Rd. NE Div. Ecol. Services Div. Ecol. Services Div. Ecol. Services Bemidji, MN 56601 1201 E. HwWarner. 2 1200 Warner Road 261 Hwy. 15 South Grand Rapids, MN 55744 St. Paul, MN 55106 N DNR TEP Representative (if different than above) Julie Ekman, Area Hydrologist U.S. Army Corp of Engineers Joe Yanta, Project Manager Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Individual members of the public who requested a copy, summary only (none) You are hereby notified that the decision of the Local Government Unit on the above - referenced application was made on the date stated above. A copy of the Local Government Unit's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. NOTE: Approval of Wetland Replacement Plan Applications involving the use of wetland banking credits is conditional upon withdrawal of the appropriate credits from the state wetland bank. No wetland impacts may commence until the applicant receives a copy of the fully signed and executed "Application for Withdrawal of Wetland Credits," signed by the BWSR wetland bank administrator certifying that the wetland bank credits have been debited. THIS DECISION ONLY APPLIES TO the Minnesota Wetland Conservation Act Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. LOCALGO NT UNIT Matui July 28, 2005 re Date Lori Haak, Water Resources Coordinator Name and Title - Page 2 of 2 Lk Riley Basic Water Mgmt WL Decision 9/16104 FINDINGS AND CONCLUSIONS City of Chanhassen 7700 Market Boulevard • P.O. Box 147 • Chanhassen, MN 55317 Name of Applicant: Riley -Purgatory -Bluff Creek Watershed District Project Location: Lake Riley and Rice Marsh Lake Subwatersheds — Sections 12, 13 and 24, T116N. R23W — Sections 7 and 18 T116N R22W Type of Application (check one): Date of Decision: July 28, 2005 Delineation Decision ❑ Exemption Decision ❑ No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision Findings and Conclusions The applicant submitted a wetland delineation of the above site. City staff met with Mark Wilson (Barr Engineering) on -site on June 23, 2005 to review the delineation. Site RM-1.1, Wetland 1: This wetland is a shallow to deep marsh/floodpWn forest adjacent to Rice Marsh Lake. The delineation in the report is accurate. Site RM-2.1, Wetland 1: This basin is located in a parking lot on an industrial site. In reviewing the plans for the site, it is evident that the basin was excavated from nonwetland to accommodate storm water (Attachment 1). This basin is not a jurisdictional wetland. Site RM-2.2, Wetland 1: This wetland is a deep marsh/shmb-can that is bordered by railroad tracks to the north. The delineation in the report is accurate. Site RM-2.4, Wetland 1: This basin is located just south of a parking area on a commercial site. In reviewing the plans for the site, it is evident that the basin was excavated from nonwetland to accommodate storm water (Attachment 2). This basin is not a jurisdictional wetland. Site RM-2.5, Wetland 1: This wetland is a deep marsh/shrub-can that receives storm water from adjacent residential development. The delineation in the report is accurate. Site RM-2.6, Wetland 1: This wetland is a shallow to deep marsh/shrub-carr adjacent to Rice Marsh Lake and west of a Chanhassen city park. The delineation in the report is accurate. Site RM-2.8, Wetland 1: This basin is located south of the railroad tracks, north of Trunk Highway 5 and west of Chanhassen Road on a site formerly containing a concrete plant and taco shop. The site was intensively used and highly disturbed (Attachment 3). In reviewing the National Wetland Inventory, city wetland inventory and aerial photography, it is evident that the basin is incidental. An incidental exemption may be claimed for impacts to this basin. Site RM-2.8, Wetland 2: This basin is located south of the railroad tracks, north of Trunk Highway 5 and west of Chanhassen Road on a site formerly containing a concrete plant and taco shop. The site was intensively used and highly disturbed (Attachment 3). In reviewing the National Wetland Inventory, city wetland inventory and aerial photography, it is evident that the basin is incidental. An incidental exemption may be claimed for impacts to this basin. Site RM-6.5, Wetland 1: This wetland south of Highway 5 and west of Market Boulevard is a shallow to deep marsh/shrub-carT that receives storm water from downtown Chanhassen. The delineation in the report is accurate. Site RM-6.9, Wetland 1: Sufficient data is not available to determine whether this basin is a jurisdictional wetland. No decision is made on this basin at this time. Site RM-999.16a, Wetland 1: This wetland north of Lyman Boulevard and west of Trunk Highway 101 is a shallow marsh/floodplain forest/shrub-carr. The delineation in the report is accurate. CITY OF CHANHASSEN By: Title: Water Resources Coordinator Date: July 28, 2005 Project Location/Location of Proposed Wetland Impacts, Adjoining Property Owners, and Status of Other Approvals 111111■ l l 111111■ 1M l l 111111■ 1M lllill■ 1M 1M � 1M � liiiii■ M liiiii■ M M M Wetland Permit Application Addendum: Question Number 3 and 11: Project Location/Location of Wetland Impacts: • RM-1.1: Carver County, Township 116, Range 23, SW 1/4 Section 13. • RM-2.2: Carver County, Township 116Range 23, SE1/4 Section 12 and Hennepin County Range 22, SW 1/4 Section 7. • RM-2.5: Carver County, Township 116Range 23, E central Section 13. • RM-2.6: Carver County, Township 116Range 23, E central Section 13 and Hennepin County Range 22, W central Section 18. • RM-6.5: Carver County, Township 116Range 23, NW 1/4 Section 13. Question Number 7: Adjoining Property Owners ADDRESS PID DESCRIPTION TAX PAYER/OWNER RM-1.1 8123 Dakota Lane 253450740 Lot 3 Blk 3, Hidden Valley Addn. Blake Spillers & Jennifer Graham -Spillers 8123 Dakota Lane Chanhassen, MN 55317 8127 Dakota Lane 253451090 Lot 35 Blk 4, Hidden Valley Addn. Terry & Francesca Gray 8127 Dakota Lane Chanhassen, MN 55317 8129 Dakota Lane 253451080 Lot 34 Blk 4, Hidden Valley Addn. Michael & Rosa Seim 8129 Dakota Lane Chanhassen, MN 55317 8131 Dakota Lane 253451070 Lot 33 Blk 4, Hidden Valley Addn. Robert & Cynthia Myers 8131 Dakota Lane Chanhassen, MN 55317 8133 Dakota Lane 253451060 Lot 32 Blk 4, Hidden Valley Addn. James & Sheri Lewis 8133 Dakota Lane Chanhassen, MN 55317 8118 Erie Circle 251820690 Lot 2 Blk 5, Chanhassen Estates 2nd Addn. Constance Deafenbaugh 8118 Erie Circle Chanhassen, MN 55317 None 251820740 Chanhassen Estates 2nd Addn. City of Chanhassen C/O Greg Sticha P.O. Box 147 Chanhassen, MN 55317 Page 1 P:\23\27\E61\Wetland Replacement\WPA_Q3_Q7_09_Q11.xls ADDRESS PID DESCRIPTION TAX PAYER/OWNER RM-2.1 80 78TH Street W. 256860020 RSL 59 Clifford L. Whitehill 5320 W. Harbor Village Dr. Apt. 201 Vero Beach, FL 32967 100 78TH Street W. 250122300 RLS 59 Chanhassen HRA 7700 Market Blvd. P.O. Box 147 Chanhassen, MN 55317 18930 78TH Street W. 256860031 RLS 59 CRB Family LP 18930 78TH Street W. Chanhassen, MN 55317 78 78TH Street W. 256860030 RLS 59 Jay & Peggy Kronick 8575 Tellers Rd. Chaska, MN 55318 RM-2.5 8039 Cheyenne Ave. 251820530 Lot 1 Blk 4, Chanhassen Estates 2nd Addn. Dolores Schroepfer 8129 Dakota Lane Chanhassen, MN 55317 8041 Cheyenne Ave. 251820540 Lot 2 Blk 4, Chanhassen Estates 2nd Addn. 8041 Cheyenne Ave. Chanhassen, MN 55317 None 251820760 Chanhassen Estates 2nd Addn. MCES Metropolitan Council Mears Park Centre St. Paul, MN 55101 None 251820750 Chanhassen Estates 2nd Addn. City of Chanhassen C/O Greg Sticha P.O. Box 147 Chanhassen, MN 55317 None 18-116-22-23-0003 OUTLOT D City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344 Page 2 P:\23\27\E61\Wetland Replacement\WPA_Q3_Q7_Q9_Q11.xls IMI ADDRESS PID DESCRIPTION TAX PAYER/OWNER RM-2.6 8043 Cheyenne Ave. 251820550 Lot 3 Blk 4, Chanhassen Estates 2nd Addn. Keith & Tracey Anderson 8043 Cheyenne Ave. Chanhassen, MN 55317 8045 Cheyenne Ave. 251820560 Lot 4 Blk 4, Chanhassen Estates 2nd Addn. Steven & Lois Weihrauch 8045 Cheyenne Ave. Chanhassen, MN 55317 600 79TH Street W. 251820570 Lot 5 Blk 4, Chanhassen Estates 2nd Addn. Robert R. Ostlund 8047 Cheyenne Ave. Chanhassen, MN 55317 8049 Cheyenne Ave. 251820580 Lot 6 Blk 4, Chanhassen Estates 2nd Addn. David & Lois Toohey 8049 Cheyenne Ave. Chanhassen, MN 55317 None 251820760 Chanhassen Estates 2nd Addn. MCES Metropolitan Council Mears Park Centre St. Paul, MN 55101 None 251820750 Chanhassen Estates 2nd Addn. City of Chanhassen C/O Greg Sticha P.O. Box 147 Chanhassen, MN 55317 None 18-116-22-23-0003 OUTLOT D City of Eden Prairie 8080 Mitchell Rd. Eden Prairie, MN 55344 RM-6.5 80 78TH Street W. 252520010 Crossroads Plaza Addn. Net Lease Development LLC 50 South 6th St. #1480 Minneapolis, Mn55402 None 252530030 Crossroads Plaza Addn. City of Chanhassen C/O Greg Sticha P.O. Box 147 Chanhassen, MN 55317 None State of Minnesota - DOT 395 John Ireland Blvd. 631 Transportation Bldg. St. Paul, MN 55155 Page 3 P:\23\27\E61\Wetland Replacement\WPA_Q3_Q7_Q9_Q11.xls Question Number 9: Status of Other Approvals: 1.) (DNR) Minnesota Department of Natural Resources Water Appropriations Permit (Pending) 2.) Minnesota Pollution Control Agency NPDES Construction Permit (Pending) 3.) Other City Permits for Construction (By Contractor at Start of Construction) Page 4 P:\23\27\E61\Wetland Replacement\WPA_Q3_Q7_Q9_Q11.xls I• Historic As -built. RM-2.5 1 Fed. Proi. No. u / "'. i r- //_ ✓ S• I I ELEV E83.20 QiP RqP I I � I�i SfJEEr A3C 4 V4ry I I SECTION A -A &88.zi CVT 4,w4 „ 4: l I SCOPES I OPE /NCo I � SHE I T P/L/NC�S -/6 ' LENGTyS , I I � BorroM I I I WEIR SCR Nlk�TURE: QEDETAILAFL AL6 ADJUST MANW1 E 19M 9 PROPOSED TbP 919.0 (VERIFY EwST. 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AT CBAlmrR GAre ' Ar GRjl✓SWAY 'T,C) MWCC L/fr A0^1 E4sv M2.70 NOTES S WITHIN R.O.W. AND THOSE TREES VT WHERE GRADING WORK IS AS DIRECTED BY THE ENGINEER ROL STRUCTURES (HAY BALES) RPENDICULAR TO THE DITCH OVER EXPOSED FORCEMAIN AND LITY FOR ELECTRICAL CABLE LOCATIONS. Historical Photographs and Precipitation Data - Site RM-6.5 I " = 200' Aerial Photos � � � � � � � � �■ � s _ i LFootar 72.d1 FNe: I:\Proecls=AL6IGIS ....-_.. u I olealus s T mxe , ... at+r, :r �r► ry 0 y r . 2005 Weiland Boundary N Figure 11 Historic Type 3 Wetland Boundary Historic Type 1/2 Wetland Boundary (not impacted w F 1940 AERIAL PHOTOGRAPH- RM-6.5 by cul-de-sac installed In the 1970's) S Carver county soil Survey Lake Susan and Rice Marsh Lake Proposed Ponds (Glencoe and Cordova = hydrlc, Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, 8 Le Suer = non-hydric) Feet 200 100 0 200 400 � � � � � to � r� � � � � � � �■n �I ire � � Barr Footer'. Date: lVlMO052:21:4, i �'4 d m 2005 Welland Boundary N Figure 12 Historic Type 3 Welland Boundary Historic Type V2 Wetland Boundary (not impacted w e 1953 AERIAL PHOTOGRAPH- PM-6.5 by cul-de-sac Installed In the 1970's) Carver county Sol] Survey s Lake Susan and Rice Mush Lake Proposed Ponds (Glencoe and Cordova - eydric, Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, & Le Suer- non-bydric) Feet 200 100 0 200 400 I } Ibn rorAY U.1, "l¢I[Mil" y 4 LJ resmnc iype a vrnnenn owuuu.. Historic Type 1/2 Welland Boundary (not impacted by culEe-sac installed in the 1970's) Carver County Soil Survey (Glencoe and Cordova = hydric, Kilkenny, Lester, & Le Suer = non-hydric) nnn ,nn 1957 AERIAL PHOTOGRAPH- RM-6.5 Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District grin �■u a a■r r of a2d1'.5)PM FHe I\Pr ecrs�23�2TE61\GIS\P�gect165193)rtutl:Use ....w ..: x Sr AZ 2005 Wetland Boundary Figure 14 Historic Type 3 Wetland Boundary g Historic Type 112 Wetland Boundary (not impacted w F by cul-de-sac: installed in the 1970's) 1963 AERIAL PHOTOGRAPH- RM-6.5 s Lake Susan and Rice Marsh Lake Proposed Ponds Carver county Son Survey (Glencoe and Cordova = hydric. Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, & Le Suer = non-hydric) Feet 200 100 0 200 y_ ,.—P-_.... a t, Flee. 1\Prgects\23\2TE81\G5\Rojecl\g_5_1937.mxtl er Us'. mew ���uMr,. 1*\ , R. ---� " —D 2005 Welland Boundary H Figure 15 M Historic Type 3 Welland Boundary Historic Type 112 Welland Boundary (not Impaled w ' 1969 AERIAL PHOTOGRAPH- RM-6.5 by cut-0o-saC inslelled in the 1970's) caner county Soil Surest, S Lake Susan and Rice Marsh Lake Proposed Ponds (Glexoe and Cordova = hydric. Riley -Purgatory -Bluff Creek Watershed District l Kilkenny, Lester, & Le Suer = non-hydril Feet V 200 100 0 200 S ^ w Efi1A �I ry 6 00 e � L_] 2005 Welland Boundary v Figure 16 Historic Type 3 Welland Boundary .'.. Historic Type 112 Weiland Boundary (not Impacted w E 1979 AERIAL PHOTOGRAPH- RM-6.5 `a�.rw by cul-de-sac Installed in the 1970's) .I�r.: •- Carver county Soil Survey s Lake Susan and Rice Marsh Lake Proposed Ponds (Glencoe and Cordova = hydric. Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, & Le Suer = non-hydric) Feet 200 100 0 200 400 � r. ,W4afwnm ',Ir "1I Dare 11�I20051t 1.1 �'4 F -- 4 A�I, d JM1 r u Zoos Welland Boundary N Figure 17 O Historic Type 3 Welland Boundary Historic Type 112 Wetland Boundary (not Impacted W B 1984 AERIAL PHOTOGRAPH- RM-6.5 by cul-de-sac installed in the 1970's) s Lake Susan and Rice Marsh Lake Proposed Ponds Carver county Son Survey (Glencoe and Cordova = hydric, Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, & Le Suer= non-hyd&) Feet 200 100 0 200 400 2005 Wetland Boundary n Figure 18 Historic Type 3 Welland Boundary Historic Type 112 Welland Boundary (not impacted w e 1991 AERIAL PHOTOGRAPH- RM-6.5 by cul4e-sac installed in the 1970's) Carver County soil survey 5 Lake Susan and Rice Marsh Lake Proposed Ponds (Glencoe and Cordova = hydro, Riley -Purgatory -Bluff Creek Watershed District Kilkenny, Lester, & Le Suer= non-hydric) Feet 200 100 0 200 400 I " = 500' Aerial Photos -».ar.�..m�ar�msaw�sr e a 4 11 '#1 )` J 1940 H1G Chanhassen —Highway 5 & 101 Chanhassen, Minnesota HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 HMR 001 \'ffR N�110N /y •••�•��• Approximate Scale 1fi000(1'=500') ' H1G f II ISIORICAI INIORMI 1ON N( .0 C. \111f RF RRI Chanhassen —Highway 5 & 101 Chanhassen, Minnesota , ry • 1� 1 �i � y 1953 HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 HMR 001 Approximate Srale 1:6000 (1 ••=500') tow •14 vt k 1957 _ HiG Chanhassen —Highway 5 & 101 if Chanhassen, Minnesota HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 FUR 001 n,oxa n,on Approximate Scale 1:6000 (1 "=500') HIG Chanhassen —Highway 5 & 101 ISRICAI Chanhassen, Minnesota I O ION GAT HFRFRSNC s of RRLRRL _;'c 1�g e'"r" a v g 1963 HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 HMR 001 Approximate Scale 1:6000 (1 "=500') OS V. • ' � wti� sir►. Of 1 • } !• $ 1 OR H1G .� , 1 . 0 a � c . , IA I llk M.7: U' 1�AiHIPl'I Chanhassen —Highway 5 & 101 Chanhassen, Minnesota 1969 7f HIG Project Number: MAF-3167 Client Project Number: 23/27"E61 HMR 001 Approximate Scale 1:6000(1•'=500'] LV! 1979 HiG Chanhassen —Highway 5 & 101 SQ ' 7� Chanhassen, Minnesota HIG Project Number: MAF-3167 Client Project Number: 23/27�-61 HMR 001 ! {I t1R..111I1\ iy Approximate Scale 116000(1"=500) t 1984 HIG Chanhassen —Highway 5 & 101 A ' Chanhassen, Minnesota HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 FUR 001 iocn.nu.� C-Y „aa,�Approximate Scale 1:6000(1"=500'1 1991 ^' H1G Chanhassen —Highway 5 & 101 Chanhassen, Minnesota HIG Project Number. MAF-3167 i� v Client Project Number: 23/27-E61 HMF 001 Approximate Scale 18000 (1-=500') v Chanhassen—Highway 5 S 101 Chanhassen, Minnesota 1997 .y HIG Project Number: MAF-3167 Client Project Number: 23/27-E61 HMR 001 � I I;,' N., l0'\ �� Approximate Scale 1:6000(1'•=500) Chanhassen —Highway 5 S 101 Chanhassen, Minnesota 2003 HIG Project Number: MAF-3167 Client Project Number: 23/27E61 HMR 001 Approximate Scale 1:6000 [1 "=500'j L Precipitation Data ITable 2 Comparison of Aerial Photograph vs. Water Budget Year (1973 - 2003 Chaska WETS) I Date of Aerial Photograph Water Year Precipitation (inches) Precipitation Range 8/37 25.49 Below Normal 7/40 23.79 Below Normal 10/53 26.61 Normal 5/57 34.36 Above Normal 7/63 19.23 Below Normal 10/69 19.78 Below Normal 9/79 31.31 Normal 4/84 31.44 Normal PA23\27\E61\Wetland Replacement\precip_data.xls Table Chaska Preclpltatlon DaM 19794003 Chaska WETS Data N%6hin2 Aw Tow Den aw Mn 19)0 IBM1981 IM2 INN i0N t08! 1888 10B) 19% 088 IBBO 1001 I. 10W t 1 1 lW8 1BB8 C01 zW2 200 jasap,w 0.0 085 LI] 0,56 0,12 1.56 0.31 A8 012 O83 OA) 1A8 OJI 0.0) 031 OJO Fe 0.02 0]2 0.25 0.93 2A2 02 0.0 1.0 042 OJB.59M iM 12 222 1.OB 0.6 1.SB 2A1 101 2.J] IJ) DM 2.0) 1.8) 4.05 2.46 11012 3.12 1.5 1.20 !.0! IA3 1.69 )A ]4 1.34 0 2.15 0.11 3.)) 5.0 0.00 tA) 2.53 184 3.26 0.0 4.0 251 022 am 1.00 3A8 114 M f.08 ].9 431 2. 209 4 4.10 12) 2A 213 2.35 IW 100 BAl BJB 2Jt 22 ]2f 0.6 I.6 4.91 0.05 4.A 4.05J. 1.16 2)] IY9 4.1 t02 IA9 0." !.64 26] 4p 3.W 0.2 292 ).65 .m ].5520 ]A8 ]5 1] 0.08 51 ]18 2.12- J 4A1 215 5.] .W 4m 25) 372 4.4 185 5.50 14.6) am ]A2 )A 45 5.N4.29 2.90 1 11.)4 3.14 4.)) 2)9 A 0p 4.N 299 51) am 5.1 LN ]A) 200 1.1 5.24 5.)3 3.12 us 3.01 1.1 F55 5.0] 5900 M40.8829 ON F8a B.SO 45 41.0058 TO9r 29) IV ]5B .3 lb ON 3AB 2420 J0 4.82 5.50 173 1% 1N 1.69 a3! ]A28.03 .W IN 31) 093 2J ON OMWI 2.14 116 2.52 0.04 1.03 iR 3.41 318 4Al 3.18 118 055 0.60 0 208 0)I .1) 4A1 4. 3 .1 335 0.)6 10NOwTMr 192 101 2.13 029 152 3.04 3.43 043 1M ON 1IJ 2.19 1.25 063 8.1] 225 1.28 IAA BAD 089 1.05 IN 8OOnmMr 0.8] 045 IN 029 Of O" 2.91 a" 1A 1.11 02 0]1 OB O31 OBe N IA) 046 111 0 OSS 0f3 A -el N]1 256 ]319.69 RAS t0.94 H]J 3031 ]1.M ]4.A 3029 1666 216 ].3] NAB J011 3.9] ]01 $SJ3 3J6B ]].II N.)4 2J 91 Jal1 L.96 001 3683 .05 25.85 MN 38.03 32.1 382 2).)5 183) 259 ]t, 2 3).3 32.1 9A2 3007 2212 N.]) 3153 ]).)1 191 34.5 ]).8 1J.0 "wk. owb--w'area W.'s.w1wro.wrarye em6. A56w -1-1 1arp4 L53-Ca -n"S hbMMek41wnu1]m WB)5)100.N0 1 ' June 16, 2005 Ms. Lori Haak City of Chanhassen 7700 Market Boulevard Chanhassen, MN 55317-0147 Re: RPBCWD Proposed Ponds Wetland Delineation Dear Ms. Haak: DRAFT As part of the preliminary planning stage to potentially construct additional water quality basins within the Riley Purgatory Bluff Creek Watershed District (RPBCWD) and the City of Chanhassen, we have delineated the jurisdictional wetland boundaries and determined the wetland types in ten separate areas. All ten of the areas (Figure 1) contain wetlands (as defined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual) and will likely require alteration as part of the proposed pond construction project. As you know, wetland filling (and excavation within certain wetland types) is regulated by the Wetland Conservation Act, which is administered by the City of Chanhassen. The evaluation areas in Township 116 are as follows: • RM-1.1: Carver County, Range 23, SWl/4 Section 13. ' RM-2.1: Hennepin County, Range 22, SW1/4 Section 7. • RM-2.2: Carver County, Range 23, SEl/4 Section 12 and Hennepin County Range 22, SW IA Section 7. ' • RM-2.4: Carver County, Range 23, NE1/4 Section 13. • RM-2.5: Carver County, Range 23, E central Section 13. • RM-2.6: Carver County, Range 23, E central Section 13 and Hennepin County Range 22, W ' central Section 18. • RM-2.8: Carver County, Range 23, NEl/4 Section 13 and SE1/4 Section 12. • RM-6.5: Carver County, Range 23, NWIA Section 13. ' • RM-6.9: Carver County, Range 23, N central Section 13. • RM-999.16a: Carver County, Range 23, E central Section 23. ' Wetland Delineation and Classification Methods ' The wetlands within the potential alteration areas mentioned above were identified and field delineated on May 2 through May 5, 2005. The delineations were established according to the Routine On -Site Determination Method specified in the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Edition). The Hennepin County and Carver County Soil Survey map for ' the project area is provided in Figure 2 and the National Wetland Inventory Map is provided in Figure 3. ' PA23\27\E6l\Wetland Delineation Report\Wetland Delineation Report _060605.doc -2- The delineated wetland boundaries (Figures 4 - 9) were marked in the field with pin flags that were numbered and placed at intervals of approximately 20 to 50 feet. The wetland boundaries were surveyed using a Global Positioning System with sub -meter accuracy. The delineated wetlands were classified using both the U.S. Fish and Wildlife Service Circular 39 Wetland Classification System (Types 1, 2, 3, etc.) and the U.S. Fish and Wildlife Service Cowardin Wetland Classification System (PEMB, PSSC, PFOB, etc.). The dominant plant species in the wetlands were identified, and the corresponding wetland indicator status of each plant species was determined and noted on the Wetland Data Forms (Appendix A). A summary of the wetland classifications and wetland areas are provided in Table 1. General Environmental Setting The properties investigated for the presence of wetlands encompass 52 acres, within the City of Chanhassen. Each of the ten evaluation areas have been disturbed by past construction practices and the majority of the sites currently serve as stormwater treatment areas. The vegetation and topography surrounding each evaluation area varies considerably, although the vegetation within the sites typically consisted of a dominance of hydrophytic vegetation with no slope or a slight slope towards the center of a depression or to a defined outlet. The wetland descriptions below provide more detail regarding each site. The area has received above average precipitation during the 2004 growing season, an average snow fall, and average precipitation in the spring prior to the 2005 wetland delineations. Wetland Descriptions The delineated wetlands are described below and the Wetland Data Forms are included in Appendix A. The rationale for each wetland determination is provided on the data forms. The size, type, and classification of each delineated wetland are listed in Table 1. Area wetlands identified on the National Wetland Inventory (NWI) map are shown on Figure 3. In addition, wetlands shown on the Minnesota Department of Natural Resources (MnDNR) Protected Waters Inventory (PWI) map for the surrounding area can be found on Figure 4. • Site RM-1.1: Wetland 1, a 3.9 acre (within the evaluation area), Type 4/3/1 (PEMF/C/FOA) shallow to deep marsb/floodplain forest (Figure 5), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. The wetland extends to the west beyond the proposed pond construction area and is bordered to the north by a walking path and maintained lawn. The wetland is dominated by reed canary grass (Phalaris arundinacea), sandbar willow (Salix exigua), cattail (Typha sp.) black willow (Salix nigra) and box elder (Acer negunda). Upland vegetation includes boxelder and avens (Geum sp.) in the forested area and maintained lawn with Kentucky bluegrass (Poa pratensis), common dandelion (Taraxacum laevigatum), ground ivy (Glechoma hederacea), leafy spurge (Euphorbia esula), birdsfoot trefoil (Lotus corniculatus) and red -osier dogwood (Corpus stolonifera). The typical soil profile near the edge of the wetland consists of 2 inches of black (10YR 2/1) sandy loam, above at least 22 inches of black (IOYR 2/1) sandy loam with dark yellowish brown (10YR4/6) and pale brown (10YR6/3) mottles. Approximately 50 percent of the wetland was inundated with 6 inches to 2 feet of water during the May site visit. PA23\27\E61\Wetland Delineation Report\Wetland Delineation Report _060605.doc -3- 1 • Site RM-2.1: Wetland 1 is a 0.08 acre, Type 4 (PUBF) deep marsh (Figure 6), which is located ' within a business lot and is bordered by a small area of maintained lawn used for a sitting park. The wetland is dominated by fowl bluegrass (Poa palustris) with open water and rock edging ' along the wetland. Upland vegetation includes maintained and mowed Kentucky bluegrass with planted cottonwood (Populus deltoides), aspen (Populus tremuloides) and spruce (Picea glauca) trees. The soil profile near the edge of the delineated wetland consists of 1 inch of black (10YR 2/1) sandy loam, above 5 inches of black (IOYR 2/1) sandy clay. The underlying layer consists of at least 18 inches of black (10YR2/1) sandy clay with greenish gray (5G5/1) mottles. The wetland was inundated with as much as 2 feet of water during the May site visit. • Site RM-2.2: Wetland 1 is a 1.8 acre, Type 4/3/6 (PEMF/C/SSB) deep marsh/shrub-carr (Figure 7), which receives directed stormwater from inlets located at the north, west and east edges of the wetland. The wetland is bordered by railroad tracks to the north, business parking lots to the east and south, and is located northwest of wetland RM-2.1. A nursery is also located along the southern edge of the wetland. The wetland is dominated by cattail, reed canary grass, box elder, cottonwood, willow species (Salix lucida and Salix nigra), red -osier dogwood, aspen, goldenrod (Solidago spp.) and Canada thistle (Clrsium arvense). Upland vegetation includes cottonwood, oak (Quercus spp.), box elder, goldenrod, Kentucky bluegrass, clover (Trifolium spp.), arborvitae (Thuja occidentalis), birdsfoot trefoil, red -osier dogwood, maple (Ater spp.), and sumac (Rhus spp.). The soil profile near the edge of the wetland consists of 5 inches of black (IOYR 2/1) loam, above at least 11 inches of black (1 OYR 2/1) loam with mottling. The wetland was inundated with 6 inches to 2 feet during the May site visit. • Site RM-2.4: Wetland 1 is a 0.27 acre, Type 3/4 (PEMF/PABF) shallow marsh/deep marsh t (Figure 8), which receives directed stormwater from Lake Dr. to the south and business parking lots and driveways along the north, west and east borders. A car wash is located north of the wetland. The wetland is dominated by cattail, duckweed, sandbar willow (Salix exigua) and box elder. The upland vegetation includes mowed and maintained Kentucky bluegrass and planted blue spruce, red pine and green ash. Impervious surfaces surround the wetland. The soil profile at the edge of the wetland consists of at least 12 inches of black (IOYR 2/1) muck with numerous greenish gray (5G 5/1) mottles and inclusions of peat. Thirty percent of the wetland is Type 4 (PABG) and inundated with as much as 2 feet of water. Seventy percent of the wetland is Type 3 (PENT) and inundated with approximately 6 inches of water during the May site visit. • Site RM-2.5: Wetland 1 is a 0.08 acre, Type 4/6 (PABG/PSSB) deep marsh/shrub-carr (Figure 9). The wetland receives stormwater from surrounding residential lots. A weir separates the north and south portion of the wetland. There is an inlet at the north end of the wetland and water flows south from this wetland, under an asphalt walking path and into Rice Marsh Lake at the location of RM-2.6. PA23\27\E6t\Wet1and Delineation Report\Wetland Delineation Report_060605.doc -4- The wetland is dominated by reed canary grass, box elder, red -osier dogwood, buckthorn (Rhamnus cathartica), aspen, and black willow (Salix nigra). Vegetation immediately surrounding RM-2.5 includes reed canary grass, crown vetch, leafy spurge, Acer negunda, common buckthorn and sumac. There is a bituminous walking path and mowed Kentucky bluegrass to the south. The soil profile at the edge of the wetland consists of 14 inches of dark greenish gray (Gleyl 4/1) loam. Seventy percent of the wetland is Type 4 (PABG) and thirty percent is Type 6 (PSSB). Seventy-five percent of the wetland was inundated with as much as 12 inches of water during the May site visit. • Site RM-2.6• Wetland 1, a 3.5 acre Type 4/2/3/6 (PABG/PEMB/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 9), which extends to the south, outside of the evaluation area, into Rice Marsh Lake, is listed as a Protected Water (10-1P) by the MnDNR. This wetland is located within a % park. There is a bituminous walking path along the north and west of the wetland with residential lots to the north beyond the park. . The wetland is dominated by reed canary grass, Canada watermeal (Wofflia borealis), sandbar willow, and black willow. The dominant vegetation immediately surrounding RM-2.5 is reed canary grass. There is a bituminous walking path and mowed Kentucky bluegrass to the north. The soil profile at the edge of the wetland consists of 5 inches of very dark grayish brown (1 OYR 3/2) loam with few small yellowish brown (lOYR 5/8) mottles above 3 inches of brown (10YR 5/3) and dark gray (lOYR 4/1) loam with yellowish brown (lOYR 5/8) mottles. The next layer beneath consists of 7 inches of gray (lOYR 511) and very dark gray (10YR3/1) loam with some large dark yellowish brown (I OYR 4/4) mottles. The underlying layer consists of at least 9 inches of black (10YR 2/1) loam with many large yellowish brown (lOYR 5/6) mottles. Forty percent of the wetland was inundated with as much as 6 feet of water during the May site visit. • Site RM-2.8: Wetland 1 is a 0.035 acre, Type 1 (PEMA) seasonally flooded ditch along the south side of the railroad tracks (Figure 10). This ditch receives stormwater from the railroad to the north and surrounding uplands in the south. The wetland is -dominated by reed canary grass, cottonwood, boxelder and red -osier dogwood. Approximately 50% of the wetland is unvegetated. Upland vegetation includes leafy spurge, reed canary grass, goldenrod and cottonwood. The soil profile in the center of the wetland consists of 24 inches of black (10YR 3/1) sandy clay with many distinct yellow (1 OYR 7/6) mottles. The soil was damp at the surface and water was observed at a depth of 3 inches during the May site visit. Site RM-2.8: Wetland 2 is a 0.003 acre, Type 1 (PEMA) seasonally flooded ditch, which receives directed stormwater from an inlet west of Highway 101 (Figure 10). This small wetland is located in the northeast comer of the evaluation area south of the railroad tracks and west of Highway 101. The wetland is dominated by fowl bluegrass, switchgrass (Panicum virgatum), and cottonwood. Upland vegetation includes switchgrass and brome grass (Bromus inermus). P:\23\27\E61\Wetland Delineation Report\Wetland Delineation Report_060605.doc -5- The soil profile within the wetland consists of 6 inches of very dark brown (10YR 2/2) loamy clay with some yellowish brown (IOYR 5/6) mottles, above 7 inches of gray (10YR 5/1) loamy clay with numerous yellowish brown (IOYR 5/6) mottles and organic streaking. The underlying I 1 inches is a light brownish gray (IOYR 6/2) clay with numerous brownish yellow (IOYR 6/8) mottles. The wetland was saturated to the surface and water was observed at a depth of 14 inches during the May site visit. No wetlands were found within the vicinity of the proposed pond at the center of the evaluation area for Site RM-2.8. • Site RM-6.5: Wetland 1 is a 3.4 acre, 4/3/2/6 (PABG/PEMF/PEMC/PSSB) shallow/deep marsh/shrub-carr (Figure 11), which receives directed stormwater from Highway 5 to the south and Market Blvd. to the east. Railroad tracks border the wetland to the north, with a shopping center north of the railroad tracks. The dominant vegetation within the wetland includes cattail, pondweed (Potamogeton sp.), reed canary grass, willow, red -osier dogwood and cottonwood. Upland vegetation includes Kentucky bluegrass, dandelion, sumac and cottonwood. The soil profile at the edge of the wetland consists of 3 inches of very dark gray (IOYR 3/1) muck above 21 inches of greenish gray (5G 5/1) muck with numerous yellowish brown (IOYR 5/8) mottles and organic streaking. Seventy percent of the wetland was inundated with as much as 3 feet of water during the May site visit. ' • Site RM-6.9: Wetland 1 is a 0.24 acre, Type 3/4/6 (PEMF/PABF/PSSB) shallow/deep marsh/shrub-carr (Figure 12). This wetland receives stormwater from Great Plains Blvd. to the ' west, Lake Dr. to the north, and surrounding residential lots to the east and south. The wetland is dominated by box elder, common buckthorn, sandbar willow, white willow (Salix alba), cattail, goldenrod, leafy spurge, reed canary grass, cottonwood and aspen. Upland ' vegetation includes cottonwood, white willow, Kentucky bluegrass, red pine, spruce, dandelion, green ash, sumac, leafy spurge, goldenrod, brome grass, and birdsfoot trefoil. ' The soil profile at the edge of the wetland consists of 5 inches of dark grayish brown (10YR 4/2) sandy clay above 13 inches of dark grayish brown (IOYR 4/2) and black (IOYR 2/1) sandy clay with many dark greenish gray (5G 4/1) mottles. The underlying layer consists of at least 6 inches ' of black (IOYR 2/1) sandy clay with some dark reddish brown (5YR 3/4) and many greenish gray (IOGY 511) mottles. The wetland was inundated with as much as 2 feet of water during the May site visit. • Site RM-999.16a: Wetland 1 is a 3.8 acre, Type 3/1/2/6 (PEMC/PFO/SSB) shallow marsh/floodplain forest/shrub-carr (Figure 13). This wetland receives stormwater from surrounding residential lots to the north. The wetland is dominated by reed canary grass, hybrid cattail (Typha glauca), black willow, ' peachleaf willow (Salix amygdaloides), and cottonwood. Upland vegetation includes reed canary grass and brome grass. ' The soil profile at the edge of the wetland consists of at 14 inches of black (IOYR 2/1) muck ' P: ZAMEO Wetlmd Delineation ReporMcUmd Delineation Report_060605.dm M above 10 inches of black (lOYR 2/1) loamy clay with sand and few large yellowish brown (lOYR 5/6) mottles. Thirty percent of the wetland was saturated to the surface during the May site visit. If you have any questions regarding the results of the wetland delineation, please contact me at (952) 832-2610. Sincerely, Mark E. Wilson Wetland Biologist cc: MW Attachments P:\23\27\E61\Wet1and Delineation Report\Wetland Delineation Report_060605.doc Tables � M M M M M M Table 1 Wetland Delineation Summary Wetland ID Circular 39 Type Cowardin Classification z Area in square feet Area in acres RM-1.1 4/3/1 PEMF/C/FOA 169015 3.880 extends into Rice Marsh Lake RM-2.1 4 PUBF 3507 0.081 RM-2.2 4/3/6 PEMF/C/SSB 76345 1.753 RM-2.4 3/4 PEMF/PABF 11770 0.270 RM-2.5 4/6 PABG/PSSB 3503 0.080 RM-2.6 4/2/3/6 PABG/PEMB/PEMC/PSSB 150246 3.449 extends into Rice Marsh Lake RM-2.8 W1 1 PEMA 1513 0.035 RM-2.8 W2 1 PEMA 114 0.003 RM-6.5 4/3/2/6 PABG/PEMF/PEMC/PSSB 146670 3.367 RM-6.9 314/6 PEMF/PABF/PSSB 10269 0.236 RM-999.16a 3/1/2/6 PEMC/PFO/SSB 167055 3.835 Total 740006 16.988 ' U.S. Fish and Wildlife Service, Circular 39 Classification System 2 U.S. Fish and Wildlife Service, Cowardin Classification System PA23\27\E61\Wetland Delineation Report\WetlandSlze.xls Figures Haro- FtuJtei. 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A_ I o i.zoo W rye` EFigure 2 valuation SitesHENNEPIN AND CARVER COUNTY SOIL SURVEYCounty Soils Lake Susan and Rice Marsh Lake Proposed Pondsunty Soils Riley-Purgatory-Blu((Creek Watershed Distnct LAu¢ Lake " Lake Ann (10-61.P) 969 1 _. - 212 W Lake Ann (12P) fi A II v 4� M-6 5" _ ! 1 630- 01 .2.5 T ° �11-2.6 ' ;L Lake Susan (13P) FIM•1.1 unnamed (2 I-973 W) ???; I ,w � I � Marsh 0 1 P) Lyvo SS i 1 1; 5 r i r ' 900 ' 111 r11� �IS�' (l.a!()�': iM1 ur.! ♦� Il l I,, l I I Unnamed;-(27-974 W)- �A I � 1 / Unnamed (2' —0 s. a� ,I Unnamed (27-977 W) T nnamed (27-978 W) Drake Pond (27-975 W� k Unnamed ( 1,7-1�600 W) 1 Jacques Pond (27 976 W)Unr amed (27-1000 W) -1 �✓ Unnamed (27-10 1 1 N Fee 1," 500 0 1,000 2,Wn E w+ rFigure 4 t 4 'F411 10-2 �) OF DNR Protected Waters and Wetlands DNR PROTECTED WATERS AND WETLANDS .1. ( Wetland Evaluation Sites Lake Susan and Rice Marsh Lake Proposed Ponds Riley -Purgatory -Bluff Creek Watershed District MEa4M •% A6 Cordova sea sb1W1 w21 �sb2 • • . W W2 • 9 40 Ness t .; r. N .' GPS Data Points Feet 40 20 0 40 d Weiland Delineation W+ WetlandEvaluationArea S _ Proposed Pone Creation/Alteration Area Figure % O NWI RM-2.1 WETLAND DELINEATION Hennepin county soil survey Lake Susan and Rice Marsh Lake Proposed Ponds L ..78th 4 Carver County Soil Survey Riley -Purgatory -Bluff Creek Watershed District t R �. ' r + . 4 move A, Ile . Ar '!'ice 40 era 005 8:48:05 AM a 4 dew ►' pipe • CPS Data Pones BO 0 0 r0 e0 Wetland Delineation1109 h W+ QWetlendEvaluatlonArea S ammi _ Proposed Pond Creaaon/Alteration Area Figure 7 Q NWI RM-2.2 WETLAND DELINEATION 41 Hennepin County Soil Survey Lake Susan and Rice Marsh Lake Proposed Ponds i Carver county Soil Survey Riley -Purgatory -Bluff Creek Watershed District N Lester N GPS Data Points FB0t 40 t0 0 '10 Wetland Delineation �' L WetlandEvaluationArea S _ Proposed Pond Creation/Alteration Area Figure g Q NWI RM-2.4 WETLAND DELINEATION C_ Hennepin County Soll Suvay, Lake Susan and Rice Marsh Lake Proposed Ponds carver county Sal Survey Riley -Purgatory -Bluff Creek Watershed District A�- nt � be And. k .:"a► -- �►'" -� Any � M�rh � a;ti `� � f�,: AIL� RGI .5 s "+ W13 ` - p{ayden �v11 it r •� a. Hamel Af Ir 4 v {{w ._�• 1. _ sir . ___., �. 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"" I 11 I I 11 I I I I I I 11 I I I Appendix A I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Applicant/Owner: RPBCWD Investigator. KSW/MEW Yes N4 Do normal circumstances exist on the site? 0 El Is the site significantly disbnbed (atypical situation)? ❑ 0 Is there a potential problem area? ❑ 0 (If needed, explain on reverse). ' I VEGETATION 1 1 1 r 11 Date: 514/2D05 County: Carver/Hennepin State: MN Community ID RM-1.1 Transact ID: Plot ID: RM-1.1,SB-1 Circular 39 Type: 4/3/1 Cowardin: PEMF/C/FOA Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalaris arundinacea 95 H FACW+ 1. Cirsium arvense 5 H FACU 2. Safix exigua 30 S/S OBL 2. Selix senssims 5 S/S OBL 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 0. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG-) 100 HYDROLOGY Recorded data (describe in remarks): Stream, lake, or tide gauge 0 Aerial photographs Other ❑ No recorded data available Field Observations: Depth of surface water: None (in.) Depth to free water in pit: 14 (in.) Depth to saturated soil: 6 (in.) ' Remarks: moist at surface 1 Page 55 of 64 Wetland Hydrology Indicators: Primary Indicators: 11 Inundated © Saturated in upper 12 inches Watermarks Drift lines Sediment deposits Drainage pattems in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches Water -stained leaves Local soil survey data FAG -neutral test ❑ Other (explain in remarks) SOILS 1 1 1 1 1 1 1 1 U 1 11 Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? 11 ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-2 10YR2M sandy loam 2-24 10YR2/1 10YR4/6, 10YR6r3 20%, 5% sandy loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions -1 Histic epipedon 0 High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions R Listed on National Hydric Soils List 0 Gleyed or low-chroma colors Ej Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? Q El Is this sampling point within a wetland? IR/ ❑ Welland hydrology present? © ❑ Hydric soils present? Remarks: ' RM-1.1 Page 56 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) I Project/Site: RPBCWD F Applicant/Owner. RPBCWD Investigator. KSW/MEW Ponds Yes No Do normal circumstances exist on the site? V Is the site significantly disturbed (atypical situation)? ❑ 0 Is there a potential problem area? ❑ 0 (If needed, explain on reverse). 1 I VEGETATION 1 fl 1 1 1 1 1 Dominant Plant Sped es Cover Stratum Indicator 1. Phalaris arundinacea 100 H FACW 1. 2. Salix engus 10 S/S OBL 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. B. B. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG-) 100 Remarks HYDROLOGY .❑i Recorded data (describe in remarks): Stream, lake, or tide gauge Aerial photographs Other No recorded data available Field Observations: Depth of surface water. None (in.) Depth to free water in pit: None (in.) Depth to saturated soil: 26 (in.) ' Remarks: 1 Date: 5/4/2005 County. Carver/Hennepin State: MN Community ID upland TransectlD: Plot ID: RM-1.1,SB-2 Circular 39 Type: Cowardin: Wetland Hydrology Indicators: Primary Indicators: ❑ Inundated ❑ Saturated in upper 12 inches ❑ Watermarks ❑ Drift lines Sediment deposits ❑ Drainage patterns in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches ❑ Water -stained leaves Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Page 57 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Field observations confirm map type? ❑ ❑ Taxonomy (subgroup): Profile Description: Matrix Color Mottle Colors Mottle Texture. Concretions, Depth (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 t0YR2/1 loam 12 26 10YR2/1 10YR5/8, 10YR6/1 10%, 5% sandy loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List N❑ Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: yyC 1 L w UC 1 Yes No Yes No Hydmphytic vegetation present? © ❑ Is this sampling point within a wetland? ❑ Welland hydrology present? ❑ Hydric soils present? © ❑ Remarks upland Page 58 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project(Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner.. RPBCWD County: Carver/Flennepin Investigator KSW/MEW State: MN Yga N2 Community ID upland Do normal circumstances exist on the site? R ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.1,S&1 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Poa pratensis too H FAG t. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. a. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 0 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: Drainage patterns in wetiand Depth of surface water: None (n.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: none to 24 (in,) Water -stained leaves ❑ Loral soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 27 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confine map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR211 sandy loam 6-18 10YR311 10YR4/6 and 30% silty clay 10YR6/4 18-24 10YR4/1 5G5/1 30% sandy day 24+ 10YR2M silty Gay Hydric Soil Indicators: ❑ Histosol Concretions []4rstic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? Wetland hydrology present? ❑ 0 Hydric soils present? RJ El Remarks: ' upland Page 28 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 ApplicantlOwner: RPBCWD County: Carver/Hennepin Investigator KSW/MEW State: MN Yes No Community ID RM-2.1 Do normal circumstances exist on the site? ❑i ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.1,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: 4 (If needed, explain on reverse). Cowardin: PUBF VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Poe palusbt 40 H FACW+ 1. Taraxacum officlnale 10 H FACU 2. 2. Eleocharis sp. 10 H NI 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: 30% open water and 10% rock Vegetation is managed and mowed. HYDROLOGY J Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Water marks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 2 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 29 of 64 SOILS Map unit name (series and phase): Drainage class: Yes Ng Taxonomy (subgroup): Field observations confirm map type? ❑ El Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. D-1 10YR2/1 sandy loam 1-6 10YR2M sandy day 6-24 10YR2/1 5G5/1 70% sandy day Hvdric Soil Indicators, Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List 0 Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION YYe.. No Yes No Hydrophyfic vegetation present? 0 Is this sampling point within a wetland? — Wetland hydrology present? Hydric soils present? R El Remarks RM-2.1 Page 30 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/212005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-2.2 Do normal circumstances exist on the site? k/ ❑ Transect ID: Is the site significantly disturbed (atypical situation)? El © Plot ID: RM-2.2,SB-1 Is there a potential problem area? Circular 39 Type: 4/3/6 (If needed, explain on reverse). Cowardin: PEMF/C/SSB VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Typha species 60 H OBL 1. 2. 3. 4. 2. Phalans arundinacea 20 H FACW- 3. Salix nigra 10 T OBL 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated © Saturated in upper 12 inches Other ❑ Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water. (in.) Secondary Indicators (2 or more required): Depth to free water in pit 2 (in.) Oxidized root channels in upper 12 inches Depth to saturated soil: (in.) ❑ Water -stained leaves Local soil survey data FAO -neutral test Other (explain in remarks) Remarks: Page 5 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR4/1 silty Gay 6-12 10YR6/1 10YR4/6 10% sandy day 12-24 10YR611 10YR7/6 30% sandy day Hydric Soil Indicators: Histosol Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? [' Weiland hydrology present? W Hydric soils present? 0 ❑ Remarks: ' RIM-2.2 Page 6 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 502005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.2,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads arundinwea 30 H FACW- 1. Typha species 10 H OBL 2. Cpmus stolonifera 10 SIS FACW 2. 3. 4. 5. 6. 3. Salix ngra 30 T OBL 4. Solidago species 25 H NI 5. Poe pratensis 35 H FAC- 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 60 Remarks: HYDROLOGY Recorded data (describe in remarks): Welland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 18 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 23 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? D El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundanoe/Contrast Structure, etc. 0-12 2.5Y6/1 10YR6/6 20% sandy day 12-24 25Y6/1 10YR6/6 20% and organic sandy day streaking Hydric Soil Indicators: Histosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Ej Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? R 11 Is this sampling point within a wetland? Wetland hydrology present? ❑ 0 Hydric soils present? 0 ❑ Remarks: v 1 ' upland Page 24 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecuSite: RPBCWD Proposed Ponds Date: 5/212005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? ❑ Transect ID: Is the site significantly disturbed (atypical situation)? © Plot ID: RM-2.2,SB-3 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species 1. vioa saliva o� Cover 20 Stratum H Indicator FACU- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 2. Phalan arundinaces 30 H FACW, 3. Solidego species 20 H NI 4. Picea glauca 10 T FACU 5. Comus stolonifera 20 SIS FACW 6. Cimum arvense 10 H FACU 7. Acernegundo 10 T FACW- 8. Fraxinus pennsyhmnica 10 T FACW 9. Poa preforms 20 H FAC- 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 44 Remarks: trace aster and dandelion HYDROLOGY v❑i Recorded data (describe in remarks): Welland Hydrology Indicators: ❑ Stream, lake, or fide gauge Primary Indicators: Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: none to 24 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test Other (explain in remarks) Remarks: Page 25 of 64 SOILS 1 1 1 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Descriotiom Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR211 loamy day 12-24 10YR52 10YR4/4 20% and organic sandy day streaking Hydric Soil Indicators Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime ED Listed on Local Hydric Soils List ❑ Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ © Is this sampling point within a wetland? Wetland hydrology present? ❑ 0 Hydric soils present? 0El Remarks: upland Page 26 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjecUSite: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.4,SB-1 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Poe pmlensis 60 H FAC- 1. 2. 3. 4. 2. Taraxacum otBcinale 30 H FACU 3. Picea glauca 10 T FACU 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 0 Remarks: HYDROLOGY U Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None Cn) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test rl Other (explain in remarks) Remarks: moist at 24" Page 21 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 10YR42 sandy day 4-24 10YR2I1 10YR6l3 20% silty ply Hydric Soil Indicators: Histosol El Concretions Histic epipedon Ej High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List ® Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? R] Is this sampling point within a wetland? El V Welland hydrology present? ❑ 0 Hydric soils present? W Remarks: ' upland Page 22 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Omer.. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-2.4 Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ �: Plot ID: RM-2.4,SB-2 Is there a potential problem area? —' Circular 39 Type: 3/4 (If needed, explain on reverse). Cowardin: PEMF/PABF VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Suedes Cover Stratum Indicator 1. Typhe species 50 H OBL 1. Alisma subcordatum 1 H OBL 2. Lemna minor 20 H OBL 2. solidago species 5 H NI 3. Poe pretends 20 H FAC- 3. 4. 4. 5. 5. 6. 6. 7. 7. B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 67 Remarks: HYDROLOGY ❑j Recorded data (describe in remarks): Wettand Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 6 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test [] Other (explain in remarks) Remarks: Page 45 of 64 SOILS I 1 1 1 1 1 t 1 1 Ll 1 1 11 1 1 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? 0 El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR2N 5G511 20% muck Hydric Soil Indicators - PI Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? 0 ❑ Wetland hydrology present? Hydric soils present? Remarks: ' RM-2.4 Page 46 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner.. RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? ,/ [ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ k Plot ID: RM-2.5,SB-1 Is there a potential problem area? El Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Rhamnus cathartica 25 SIS FAG 1. Tarazecum olficlna/e 10 H FACU 2. Phalads amndinacee 30 H FACW+ 2. Arctium minus 10 H NI 3. Sphagnum magellanicum 20 H OBL 3. 4. 5. 6. 7. 4. Comilla varia 20 H NI 5. EuphorNa esula 20 H NI 6. Aeernegundo 20 S/S FACW- 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 50 Remarks: HYDROLOGY Nj Recorded data (describe in remarks): Wetland Hydrology Indicators: ] Stream, lake, or tide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated Saturated in upper 12 inches Other Water marks No recorded data available Drift lines Sediment deposits Field Observations: Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ] Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) El Water -stained leaves ] Local soil survey data El FAGneutral test ❑ Other (explain in remarks) Remarks: Page 17 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? El 11 Profile Desmptiom Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR3/2 10YR4/6, 10YR6/7 5%, 5% loam 6-18 10YR3/3 10YR4/4 20% loam 18-24 10YR4/4 10YR5/6, 10YR6/2 10%, 10% loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions RListed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ © Is this sampling point within a wetland? Wetland hydrology present? Hydric soils present? Remarks: ' upland Page 18 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/3/2005 Applicant/Owner.. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-2.5 Do normal circumstances exist on the site? 0 ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.5,SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: 416 (If needed, explain on reverse). Cowardin: PABG/PSSB VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads arundinacee 10 H FACW+ 1. Acernegundo 1 T FACW- 2. Acernegundo 5 SIS FACW- 2. 3. 4. 5. 6. 7. 3. Populus deMes 5 T FAC+ 4. Salix nigra 10 T OBL 5. Comus sfolonifera 5 SIS FACW 6. Rhamnus cadraNca 5 SIS FAC- 7. 8. B. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 83 Remarks: HYDROLOGY Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated 0 Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to tree water in pit 3 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in,) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Inundation of 6" within 15 ft. of soil pit. Page 15 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, eta 0-14 Gleyt 4/1 loam 14+ large rock Hydric Soil Indicators: Histosol Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfdic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors Other (explain in remarks) Remarks. WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? Wetland hydrology present? W ❑ Hydric soils present? Remarks: ' RM-2.5 Page 16 of 64 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/32005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.5,SB-3 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalads arundinacea 70 H FACW- 1. Glecoma hederacea 5 H FACU 2. Rhamnus catharke 10 S/S FAG 2. Euphorbia esule 10 H NI 3. Acernegundo 50 T FACW- 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. g. 9. 9. 10. 10, Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 67 Remarks: HYDROLOGY �/i Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches Other ❑El Watermarks ❑ No recorded data available ❑Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: Page 13 of 64 SOILS 1 1 1 1 F Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munseil Moist) Abundance/Contrast Structure, etc. 0-12 10YR312 sandy loam 12-15 10YR32 t0YR516 few (<2%), faint loam 15-24 10YR22 and 10YR516 common loam 10YR32 Hvdric Soil Indicators: Histosol Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Loral Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? ❑ ��, Wetland hydrology present? ❑ Hydric soils present? ❑ Remarks: 10' microdepression east of RM-2.5 ' upland Page 14 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? ❑i ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.6,SB-1 Is there a potential problem area? ❑ Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION a� Dominant Plant Suedes Cover Stratum Indicator 1. Phalads arundinacee 100 H FACW- 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7, 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY ❑ Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits F Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 11 of 64 SOILS 1 1 11 1 11 1 1 1 1 1 U Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-11 10YR3/1 loam 11-20 10YR3/1 10YR5/6, 10YR4/1 <5%, 10% loam 20.22 10YR5/1 10YR5/8 few, med. sand 22-24 70% 10YR311 + 10YR4/6 few, med. loam 30% 1 OYR511 Hydric Soil Indicators: ❑ Histosol Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor "Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 El Is this sampling point within a wetland? ❑ Welland hydrology present? ❑ 0 Hydric soils present? ❑ 0 Remarks: ' upland Page 12 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RW2.6 Do normal circumstances exist on the site? 6� ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ R Plot ID: RM-2.6,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: 4/213/6 (If needed, explain on reverse). Cowardin: PABG/EMB/C/SS VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Phalaris arundinacea 100 H FACW* 1. 2. 2. 3. 3. 4. 4. 5. 5. 6. 6, 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: Aerial photographs Inundated © Saturated in upper 12 inches ❑ Other Water marks ❑ No recorded data available ❑ Drift lines Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 8 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 4 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test n Other (explain in remarks) Remarks: Page 7 of 64 SOILS I 11 1 1 1 1 L 1 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, Cinches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-5 10YR3/2 10YR5/8 few(<2%), small loam 5-8 70% 10YR5/3 + 10YR518 loam 30% 10YR4/1 8-15 10YR5111 w/ 10% 10YR4/4 10%, large loam 10YR311 15-24 10YR2/1 10YR516 30%, many, large loam Hydric Soil Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy sal ❑ Sulfidic odor Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? k L: Welland hydrology present? Cl Hydric soils present? © ❑ Remarks: ' RM-2.6 Page 8 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Omer.. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transact ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.6,SB-3 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION h % Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indictor 1. Phalaris arundinacea 90 FACW- 1. Urtica dioica 10 H FAC- 2. 2. 3. 3. 4. 4, 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY I❑j Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or We gauge Primary Indicators: V Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None [In.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) I Remarks: Page 9 of 64 1 1 1 1 1 1 1 1 1 1 1 1 1 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. D-14 10YR3/2 10YR4/6 few(<2%), med. loam 14-20 10Yr4/1 10YR5/8 10%, med. sandy loam 20-24 10YR4/1 10YR5/8 15%, med. loamy day Hydric Soil Indicators Histosol ❑ Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 I] Is this sampling point within a wetland? El 0 Welland hydrology present? ❑ 0 Hydric soils present? ❑ Remarks upland Page 10 of 64 I DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 1 1 1 1 1 1 1 1 1 1 Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? W ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ Plot ID: RM-2.8.SB-1 Is there a potential problem area? Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Suedes Cover Stratum Indicator Other Plant Suedes Cover Stratum Indicator 1. Phalaris arundinacee 90 H FACW- 1. Euphorbia esula 10 H NI 2. Acernegundo 10 T FACW- 2. 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. B. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY © Recorded data (describe in remarks): ❑ Stream, lake, or tide gauge © Aerial photographs ❑ Other ❑ No recorded data available Field Observations: Depth of surface water: None (in.) Depth to free water in pit: None (in.) Depth to saturated soil: None to 36 (in.) ' Remarks: Welland Hydrology Indicators: Primary Indicators: ❑ Inundated ❑ Saturated in upper 12 inches ❑ Water marks ❑ Drift lines ❑ Sediment deposits ❑ Drainage patterns in wetland Secondary Indicators (2 or more required): ❑ Oxidized root channels in upper 12 inches ❑ Water -stained leaves ❑ Local soil survey data FAG -neutral test Other (explain in remarks) Page 31 of 64 SOILS 1 1 1 1 1 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR32 loamy day 6-24 10YR42 10YR4/6 and 30%.10% + org. sandy day 10YR7/6 streaking 24-36 10YR311 10YR4/6 30% day Hydric Soil Indicators: ❑ Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List W Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION YYe, No Yes No Hydrophytic vegetation present? ©11 Is this sampling point within a wetland? ❑ Welland hydrology present? 13 0 Hydric soils present? Remarks: ' upland Page 32 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? © ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.8,SB-2 Is there a potential problem area? ❑ 0 Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Acernegundo 5 T FACW- 1. 2. 3. 4. 2. Phalaris awndinacea 60 H FACW* 3. EuphorW esule 20 H NI 4. 5. 5. 6. 6. 7. 7. B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 67 Remarks: 10% bare cracked soil HYDROLOGY Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized mot channels in upper 12 inches Depth to saturated soil: None to 36 (in.) ❑ Water -stained leaves ❑ Local soil survey data FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 33 of 64 SOILS Map unit name (series and phase): Drainage Gass: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Hor¢on (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR3/2 sandy loam 12-24 10YR412 10YR6/4 - 10% sandy Gay 24-27 10YR4/2 10YR6/8 30% and organic Gay streaking 27-30 10YR311 10YR4/4, 10YR4/6 30%, 5% day 30-36 10YR2/1 10YR4/6 30% day Hydric Soil Indicators: ❑ Histosd Concretions • Histic epipedon High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 Is this sampling point within a wetiand? Wetland hydrology present? ❑ 0 Hydric soils present? Remarks- ' upland Page 34 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: SM005 ApplicantlOwner. RPBCWD County: Carver/Hennepin Investigator. KSWIMEW State: MN Yes No Community ID RM-2.8 Do normal circumstances exist on the site? 65 ❑ TransectID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.8,SB-3 Is there a potential problem area? ❑ Circular 39 Type: 1 (If needed, explain on reverse). Cowardin: PEMA VEGETATION Dominant Plant Spedes 1. Phalads arundinacea 2. Populus dettoides 3. Comus stolonifera 4 5 6 7 8 9 Cover Stratum Indicator 50 H FACW+ 20 T FAC+ 10 SIS FACW 1. 2. 3. 4. 5. 6. 7. a. 9. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG-) 100 50% bare wet soil HYDROLOGY W1 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 3 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 3 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test ❑ Other (explain in remarks) Remarks: Page 35 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, concretions, Cinches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-24 10YR3/1 10YR7/6 20% sandy day Hydric Sal Indicators: ❑ Histosol ❑ Concretions ❑ Histic epipedon High organic content in surface layer in sandy sal ❑ Sulfidic odor Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List W Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ® ❑ Is this sampling point within a wetland? Welland hydrology present? © ❑ Hydric soils present? Remarks: ditch along RR tracks ' RM-2.8 Page 36 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5=05 Applicant/Owner. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? B ❑ TransectID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-2.8,SB-4 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Euphorbia esula 20 H NI 1. 2. 3. 4. 5. 2. Phalaris arundinacea 60 H FACW+ 3. Solidago species 20 H M 4. Populus deftudes 5 T FAC+ 5. 6. 6. 7. 7. B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG-) 50 Remarks: HYDROLOGY v Recorded data (describe in remarks): Wettand Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 20 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 37 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description• Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 10YR4/3 sandy Gay 12-24 10YR5/4 sand With gravel Hydric Soil Indicators* ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes N2 Yes No Hydrophytic vegetation present? ❑ Q Is this sampling point within a wetland? ❑ Wetland hydrology present? ❑ Hydric soils present? ❑ Remarks: ' upland Page 38 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWDF Applicant/Owner: RPBCWD Investigator. KSW/MEW Ponds Yes No Do normal circumstances exist on the site? W Is the site significantly disturbed (atypical situation)? ❑ Is there a potential problem area? ❑ (If needed, explain on reverse). /C/_CTATInW Date: 5/4/2005 County: Carver/Hennepin State: MN Community ID RM-2.8 Transect ID: Plot ID: RM-2.8,SB-2-1 Circular 39 Type: 1 Cowardin: PEMA Dominant Plant Suedes Cover Stratum Indicator Other Plant Suedes Cover Stratum Indicator 1 Poa paluat 40 H FACW+ 1. Cirsium arvense 1 H FACU 2. Panicum virgatum 20 H FAC+ 2. Verbena hasfata 5 H FACW+ 3. Populus dettoides 5 SIS FAC+ 3. Phelans arundiname 10 H FACW+ q 4. Euphorbia esula 5 H NI 5. Bromus inermus 10 H NI 5 6. Taraxacum olfidnale 1 H FACU 6 7. Solidago gigantea 5 H FACW 7 8. B. 9. 9. 10. ff 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 100 Jvnonlncv Recorded data (describe in remarks): Welland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated W Saturated in upper 12 inches ❑ Other ❑ Water marks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 14 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) I Remarks: Page 63 of 64 JVILJ Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR212 10YR5/6 10% loamy day 6-13 10YR511 10YR5/6 30% and organic loamy Gay streaking 13-24 10YR62 10YR6/8 25% loamy day Hydric Soil Indicators: ❑ Histosol Concretions ❑ High organic content in surface layer in sandy soil ❑ Histic epipedon ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: ,1. wun Mee =MRAWA71nkl Yes No Yes No Hydrophytic vegetation present? ❑ Is this sampling point within a wetland? © ❑ Wetland hydrology present? 0 ❑ Hydric soils present? ® ❑ Remarks: ditch along RR tracks RM-2.8 Page 64 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjectlSite: RPBCW D Proposed Ponds Date: 5/4/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? Fel ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-2.8,SB-2-2 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Panicum tdrgatum 30 H FAC+ 1. Phatans arundinam 10 H FACW+ 2. Brornus inermus 30 H NI 2. Euphorbia esula 5 H NI 3. 3. Taraxacum olfidnale 1 H FACU 4. SoGdago species 10 H NI 4. 5. 5. 6. 6. 7. 7. 8. 8, 9. 9. 10. 10. Percent of dominant species that are OBL. FACW or FAC (excluding FAC-) 50 Remarks: HYDROLOGY 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or Ode gauge Primary Indicators: Aerial photographs ❑ Inundated Ej Saturated in upper 12 inches ❑ Other ❑ Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 41 of 64 SOILS 1 1 1 1 1 1 1 11 1 1 1 11 1 1 11 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-4 10YR2l2 loam with gravel 4-20 10YR4/3 10YR4/3, 30%, 50%, large loam 2.5Y7/2, 10YR5/8 numerous Hydric Soil Indicators* ❑ Histosol ❑ Concretions ❑ Histic epipedon ❑ High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils ❑ Aquic moisture regime ❑ listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List ❑ Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetiand? Wetland hydrology present? ❑ Hydric soils present? ❑ 0 Remarks: 1 upland Page 42 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner. RPBCWD County Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID RM-6.5 Do normal circumstances exist on the site? © ❑ Trensect ID: Is the site significantly disturbed (atypical situation)? ❑ Plot ID: RM-6.5,SB-1 Is there a potential problem area? ❑ © Circular 39 Type: 4/3/2/6 (If needed, explain on reverse). Cowardin: PAB/EMC/F/SSB VEGETATION Dominant Plant Suedes Cover Stratum Indicator Other Plant Suedes Cover Stratum Indicator 1. Carex Iscusi is 5o H OBL 1. Typha species 10 H OBL 2. Saf x aft 5 T FACW 2. Phataris a indinaces 10 H FACWr 3. 3. Poe pratensis 15 H FAC- 4. Taraxacum olficinate 15 H FACU 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 100 Remarks: HYDROLOGY 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or fide gauge Primary Indicators: © Aerial photographs ❑ Inundated Saturated in upper 12 inches ❑ Other ❑ Water marks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 6 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: Surface (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test ❑ Other (explain in remarks) I Remarks: Page 51 of 64 SOILS 1 1 1 1 1 11 1 F Map unit name ' (series and phase): Drainage class: YM No Taxonomy (subgroup): Field observations confirm map type? ❑ 11 Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 10YR311 muck 3-24 5G5N 10YR5/8 20% and organic muck streaking Hydric Sail Indicators' © Histosol El Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? © ❑ Is this sampling point within a wetland? 7VI ❑ Wetland hydrology present? Hydric soils present? Remarks: ' RM-6.5 Page 52 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCW D Proposed Ponds Date: 5/3/2005 Applicant/Owner.. RPBCWD County: Carver/Hennepin Investigator. KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? &� ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-6.5,SB-2 Is there a potential problem area? ❑ © Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indictor 1. Poe pratensis 80 H FAC- 1. 2. Taraxacum offxinale 20 H FACU 2. 3. Rhus glabra 10 SIS NI 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 11 Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 0 HYDROLOGY © Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 21 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 20 (in.) ❑ Water -stained leaves ❑ Local soil survey data FAC-neutral test Other (explain in remarks) Remarks: Page 53 of 64 Sell A Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? ❑ El Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, eta 0-3 10YR211 loam 3-24 5G5S1 10YR518, 10YR2(1 20%, 10% orgnic day streaking Hydric Sal Indicators: Histosol ❑ Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor D Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List ® Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ 0 Is this sampling point within a wetland? Wetland hydrology present? 0 Hydric soils present? 0 ❑ Remarks upland Page 54 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 1 1 1 1 1 1 1 Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner: RPBCWD County Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID RM-6.9 Do normal circumstances exist on the site? © 11 Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-6.9,SB-1 Is there a potential problem area? Circular 39 Type: 3/4/6 (If needed, explain on reverse). Cowardin: PEMF/ABF/SSB VEGETATION Dominant Plant Species Cover Stratum Indicator 1. Comus stolonifers 20 SIS FACW 1. 2. 3. 4. 5. 6. 7. 2. Populus delfoldes 20 T FAC+ 3. Acernegundo 20 T FACW- 4. Salix exigua 20 SIS OBL 5. Soldago species 5 H NI 6. Phalads arundinama 5 H FACW+ 7. B. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 83 Remarks: 85% bare soil Solidago species is a hybrid of canadensis and gigantea. HYDROLOGY Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs El Inundated © Saturated in upper 12 inches Other ❑El Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit 16 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 12 (in.) ❑ Water -stained leaves ❑ Local soil survey data Ej FAC-neutral test ❑ Other (explain in remarks) Remarks: Page 47 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-5 10YR42 sandy day 5-18 10YR42 and 5G4/1 10% sandy Gay 10YR2/1 20% 18-24 10YR211 5YR3/4, IOGY511 10%, 30% sandy day Hydric Soil Indicators: ❑ Histosol Concretions Histic epipedon ❑ High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime Listed on Local Hydric Soils List Reducing conditions ❑ Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? 0 ❑ Is this sampling point within a wetland? Wetiand hydrology present? 0 El Hydric soils present? Remarks: ' RM-6.9 Page 48 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/3/2005 Applicant/Owner: RPBCWD County: Carver/Hennepin Investigator: KSW/MEW State: MN Yes No Community ID upland Do normal circumstances exist on the site? W ❑ Transect ID: Is the site significantly disturbed (atypical situation)? ❑ © Plot ID: RM-6.9,SB-2 Is there a potential problem area? ❑ Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalan arundinacea 40 H FACW+ 1. Teraxacum officinale 15 H FACU 2. Poa pratensis 40 H FAC- 2. Sofidego species 5 H NI 3. Sob exigue 10 S/S OBL 3. 4. 5. 6. 4. Acernegundo 10 T FACW- 5. Populus deftoldes 5 T FAC+ 6. 7. 7. 8. 8. 9. 9. 10. to. Percent of dominant species that are OBL, FACW or FAC (excluding FAG) 83 Remarks: HYDROLOGY Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or Ode gauge Primary Indicators: © Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Watermarks No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water. None (in.) Secondary Indicators (2 or more required): Depth to free water in pit None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 24 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAC-neutral test n Other (explain in remarks) Remarks: Page 49 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 10YR4/2 sandy day 6-24 10YR512 10YR2/1, 10YR4/6 10%, 10% sandy Gay Hydric Soil Indicators: Histosol Concretions Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils 0_Aquic moisture regime listed on Local Hydric Soils List Reducing conditions Listed on National Hydric Soils List Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ® Is this sampling point within a wetland? El W Wettand hydrology present? Hydric soils present? Remarks: ' upland Page 50 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Applicant/Owner. RPBCWD Investigator KSW/MEW Yes No Do normal circumstances exist on the site? © ❑ Is the site significantly disturbed (atypical situation)? ❑ 0 Is there a potential problem area? ❑ 0 (If needed, explain on reverse). Date: 5WO05 County: Carver/Hennepin State: MN Community ID RM-999.16a TransectlD: Plot ID: RM-999.16a,SB-1 Circular 39 Type: 3/1/2/6 Cowardin: PEMC/PFO/SSB Dominant Plant Species Cover Stratum Ind ca Other Plant Soeaes 1. Phalan arundinacea 95 H FACW+ 1. Typha angustilolia 2. Sara nigra 15 S/S OBL 2. 3. 3. 4. 4. 5. 5. 6. 6. T 7. 8. 8. 9. 9. 10. 10. Percent of dominant species that are OBL, FACW or FAC (excluding FAG-) 100 Cover Stratum Indicator 1 H OBL Recorded data (describe in remarks): Wetland Hydrology Indicators: ❑ Stream, lake, or tide gauge Primary Indicators: © Aerial photographs ❑ Inundated © Saturated in upper 12 inches ❑ Other ❑ Watermarks ❑ No recorded data available ❑ Drift lines ❑ Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: 14 (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: 10 (in.) ❑ Water -stained leaves ❑ Local soil survey data ❑ FAG -neutral test n Other (explain in remarks) I Remarks: Page 59 of 64 Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? f� ❑ Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) AbundancalContrast Structure, etc. 0-14 10YR211 muck 14-24 10YR211 10YR5/6 few, large loamy day w/sand Hydric Soil Indicators: Histosol El Concretions ❑ Histic epipedon High organic content in surface layer in sandy soil Sulfidic odor Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions 11 Listed on National Hydric Soils List 0 Gleyed or low-chroma colors ❑ Other (explain in remarks) Remarks: WFTI Amn ❑FTFRMINATION y� No Yes No Hydrophytic vegetation present? ® ❑ Is this sampling point within a wetland? El Wetland hydrology present? © ❑ Hydric soils present? © ❑ Remarks RM-999.16a Page 60 of 64 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: RPBCWD Proposed Ponds Date: 5/2/2005 Applicant/Owner: RPBCWD County. Carver/Hennepin Investigator. KSW/MEW State: MN yes No Community ID upland Do normal circumstances exist on the site? 0 0 Transect ID: Is the site significantly disturbed (atypical situation)? ❑ 0 Plot ID: RM-999.16a,SB-2 Is there a potential problem area? El RI Circular 39 Type: (If needed, explain on reverse). Cowardin: VEGETATION Dominant Plant Species Cover Stratum Indicator Other Plant Species Cover Stratum Indicator 1. Phalaris amndinacea so H FACW+ 1. Cimium arvense 1 H FACU 2. Bromus inermus 45 H NI 2. Glecoma hederame 1 H FACU 3. 3. 4. 4. 5. 5. 6. 6. 7. 7. 8. 8. 9. 9. 10. 110. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-) 50 Remarks: HYDROLOGY 0 Recorded data (describe in remarks): Wetland Hydrology Indicators: Stream, lake, or fide gauge Primary Indicators: 0 Aerial photographs ❑ Inundated ❑ Saturated in upper 12 inches ❑ Other ❑ Water marks No recorded data available ❑ Drift lines Sediment deposits Field Observations: ❑ Drainage patterns in wetland Depth of surface water: None (in.) Secondary Indicators (2 or more required): Depth to free water in pit: None (in.) ❑ Oxidized root channels in upper 12 inches Depth to saturated soil: None (in.) Water -stained leaves Local soil survey data ❑ FAO -neutral test ❑ Other (explain in remarks) I Remarks: Page 3 of 64 SOILS Map unit name (series and phase): Drainage class: Yes No Taxonomy (subgroup): Field observations confirm map type? El El Profile Description: Depth Matrix Color Mottle Colors Motile Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-18 10YR312 loam 18-24 10YR32 10YR414, 10YR516 10%, 10% day loam Hydric Soil Indicators: Histosol Concretions Histic epipedon High organic content in surface layer in sandy soil ❑ Sulfidic odor ❑ Organic streaking in sandy soils Aquic moisture regime ❑ Listed on Local Hydric Soils List ❑ Reducing conditions Listed on National Hydric Soils List © Gleyed or low-chroma colors Other (explain in remarks) Remarks: WETLAND DETERMINATION Yes No Yes No Hydrophytic vegetation present? ❑ &� Is this sampling point within a wetland? ❑ Weiland hydrology present? ❑ 0 Hydric soils present? ❑ Q Remarks: ' upland Page 4 of 64 SH'ENEHON COMPANY BUSINESS & REAL ESTATE VALUATIONS d 7 LIMITED APPRAISAL SUMMARY REPORT Address Unassigned Vacant Land Parcel #25.2530030 Chanhassen, Minnesota October 12, 2004 04264-7 Copyright ® 2004 by Shenehon Company. All rights reserved. J SHENEHON COMPANY BUSINESS & REAL ESTATE VALUATIONS November 1, 2004 Riley -Purgatory -Bluff Creek Watershed District c/o Krebsback Haik Mr. Paul Haik 225 South Sixth Street, Suite 4320 Minneapolis, Minnesota 55402 RE: LIMITED APPRAISAL - BEFORE AND AFTER A PROPOSED PERMANENT EASEMENT - SUMMARY REPORT OF THE PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF HIGHWAY #5 AND MARKET BOULEVARD IN CHANHASSEN, MINNESOTA Dear- Mr. Haik: In accordance with your request, we have completed a limited appraisal of the above -referenced property. Our report is the result of a limited appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP) were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree there is departure from specific guidelines of USPAP. This appraisal includes only the real estate and does not include any personal property, trade fixtures or intangible items that are not real property. This Sbmmary Report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement area to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 88 SOUTH TENTH STREET SUITE 400 I MINNEAPOLIS MINNESOTA 55403 1612/333-6533 1 FAX: 612/344-1635 WWW.SHENEHON.COM E-MAIL: VALUE@SHENEHON.COM Mr. Paul Haik November 1, 2004 . Page 2 Based on the limited appraisal investigation summarized herein, and the extraordinary assumptions outlined, our opinions of market value for the subject property, as of October 12, 2004, are: Market Value - Before Condition: $95,000 Market Value - After Condition: $80,000 Total Diminution in Market Value: $15,000 • Temporary Easement Damages Estimate*: $5,000 Total Estimated Damages: $20,000 * Temporary easement damages cannot be accurately estimated until the time and • boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. r This appraisal does not include any personal property, fixtures, intangible items, and any other associated property that might exist which are not real property. is It is our opinion that a reasonable exposure time of approximately 12 months is appropriate for the subject property at our estimated market values. The values indicated have been estimated by means of generally accepted real estate valuation methods. Please contact us if you have any questions or comments. J u 0 :7 • Mr. Paul Haik November 1, 2004 • Page 3 The undersigned appraisers certify that they have personally inspected the property and have investigated information believed to be pertinent to the valuation of the property, and to the best of • their knowledge and belief the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. Sincerely, SHENEHON COMPANY Certified to this 1st day of November, 2004 Robert H. Brown Vice President License No. 4000646 A Stephen T. Hosch, MAI Senior Vice President • License No. 4002903 • LJ • 0 CERTIFICATION I certify that, to the best of my knowledge and belief: 1. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest or bias in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved with this assignment. 4. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 5. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were approved and published by the Appraisal Standards Board of The Appraisal Foundation in 2004. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the letter of transmittal of this report, unless I have otherwise stated in the reconciliation section. 6. 1 have made a personal inspection of the property that is the subject of this report. 7. Angela Hough provided significant professional assistance to the person(s) signing this report. 8. As of the date of this report, Stephen T. Hosch has completed the requirements under the continuing education program of the Appraisal Institute. 9. This appraisal assignment was not based on a requested minimum valuation or specific valuation for approval of a loan. Appraisal fees are in no way contingent upon values concluded by the appraisal firm. 10. Shenehon Company and/or the appraisers of the subject property have previously prepared appraisal reports of various types of undeveloped land. Therefore, I have the knowledge and experience to meet the competency provision of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. it. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. Robert H. Brown Vice President License No. 4000646 Stephen T. Hosch, MAI Senior Vice President License No. 4002903 Copyright 0 2OD4 by Sbewhon Company. All rights reserved. CONTINGENT AND LIMITING CONDITIONS The value estimates and conclusions in the appraisal are made subject to these assumptions and conditions: 1. As agreed upon with the client prior to the preparation of this appraisal, this is aLimited Appraisal because it invokes the Departure Rule of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced. 2. This is a Summary Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. 3. The property has been appraised as free and clear of all indebtedness, under responsible ownership and good management unless otherwise set forth in the appraisal. • 4. No responsibility is assumed for title considerations. Title to the appraised property is assumed to be good and marketable unless otherwise stated in this report. 5. Information provided by others is believed to be reliable, but no warranty is given for its accuracy. The appraiser certifies that, to the best of his knowledge and belief, the statements, information, and materials . contained within the appraisal report are correct. 6. No responsibility is assumed for matters which are legal in nature. The furnished legal description is assumed to be correct. Any improvements are assumed (without survey) to be located within the legally described property and in compliance with all ordinances. Unless noted otherwise in the report, we assumed any use of the land and any improvements are within the boundaries or property lines of the described property, and that there is no encroachment or trespass. 7. No analysis of soil conditions was required and none has been made. All value estimates in this report assume stable soil, and any necessary soil corrections are to be made at the seller's expense. 8. Any forecasts, projections, or operating estimates contained herein are based upon relevant market conditions, anticipated short-term supply and demand factors, and an assumed stable economy; and therefore are subject to change in future conditions. We assumed financing is available for typical purchasers of real estate in the subject's market in amounts similar to those indicated or implied in the appraisal report. 9. Surveys, plans or sketches may be provided in this report to assist the reader in visualizing the property and may not be complete or drawn exactly to scale. We made no survey of the property and assume no responsibility for its accuracy. • 10. The market value herein estimated is based on physical conditions which were evident at the time the property was inspected and may vary at a later date. Any proposed improvements are assumed to be completed in a good workmanlike manner and in accordance with submitted plans and specifications. 11. The appraiser herein shall not be required to prepare for or appear in court or before any board or governmental body by reason of the completion of this assignment without pre -determined arrangements and agreements. Contingent and Limiting Conditions - Continued 12. Information in the appraisal relating to comparable market data is more fully documented in the confidential file in the office of the appraiser. All studies and field notes will be secured in our files for future reference. 13. Compliance with all applicable zoning and use regulations and restrictions is assumed unless a nonconformity has been stated, defined, and considered in the appraisal report. Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined, and considered in the appraisal report. We assumed all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 14. The subject property is appraised in fee simple, assuming responsible ownership and management unless otherwise indicated. 15. The client agrees that the appraisal firm does not by performing the services rendered, assume, abridge, abrogate, or undertake to discharge any duty of client to any other entity. 16. Any use of the appraisal report, by the client, is conditioned upon payment of all fees in accordance with the agreed terms. 17. In consideration for performing the services rendered at the fee charged, the appraisal firm expressly limits its liability to five (5) times the amount of the fee paid or $100,000, whichever is less. The appraisal firm expressly disclaims liability as an insurer or guarantor. Any persons seeking greater protection from loss or damage than is provided for herein, should obtain appropriate insurance. The client shall indemnify and hold harmless the appraisal firm and its employees, against all claims by any third parry or any judgement for loss or damage relating to the performance or non-performance of any services by the appraisal firm. 15. Unless specifically brought to the appraiser's attention, the appraiser will assume that there are no hidden or unexpected conditions of the asset to be appraised, that would adversely affect or enhance the value. 19. In the future, if the appraisal firm is compelled to produce documents or testify with regard to work performed, the client shall reimburse appraiser for all costs and expenses incurred. 20. In the event of a dispute involving interpretation or application of this agreement, the parties agree that this agreement shall be governed under the laws of the State of Minnesota. 21. Shenehon Company and/or the appraisers are not qualified to render expert opinions regarding structural issues, water damage, environmental assessments (such as mold), engineering/mechanical issues, ADA and/or building code compliance, land planning, architectural expertise or soil conditions. If requested, Shenehon Company will recommend qualified experts in these fields to assist the client and/or the appraisal process. 22. This appraisal report has been written for the intended use of counsel for the Riley -Purgatory -Bluff Creek Watershed District for eminent domain purposes. Possession of this report, or a copy thereof, does not carry with it the right of publication (either in whole or in part), nor may it be used for any purpose other than the one stated in the Letter of Transmittal and the Purpose of the Report, without the express, written consent of the appraiser and client. Authorized copies of this report will be signed in blue ink by the appraiser(s). Unsigned copies or copies not signed in blue ink should be considered incomplete. All unauthorized or incomplete copies of this report should also be considered confidential, and as such, must be returned, in their entirety, to Shenehon Company. • D t LI • • • SUMMARY OF SALIENT DATA Date of Photograph: October 25, 2004 Type of Property: Storm Water Drainage Land Parcel Location: North west comer of Highway #5 and Market Boulevard in Chanhassen, Minnesota Land Size: Zoning: Date of Inspection: Effective Date of Appraisal: Date of the Report: Property Rights Appraised: Total 2004 Real Estate Taxes: 266,587 square feet, or 6.12 acres General Business District October 12, 2004 October 12, 2004 November 1, 2004 Fee simple $0.00; Tax exempt 40 • • • Summary of Salient Data - Continued Value Indicated by Sales Comparison Approach: Estimate Market Value - Before the Taking Estimate Market Value - After the Taking Diminution in Market Value Temporary Easement Damages Estimate*: Total Estimated Damages: Reasonable Exposure Time: $95,000 $80,000 $15,000 $5,000 $20,000 Approximately 12 months * Temporary easement damages cannot be accurately estimated until the time and boundaries • necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. U • • • • • • Item TABLE OF CONTENTS Page No. Letter of Transmittal ........................................... i Certification ............................................... m Contingent and Limiting Conditions ................................ iv Summary of Salient Data ........................................ vii Location Map................................................1 Purpose of the Report ........................................... 2 Scope of the Appraisal .......................................... 2 Property Rights Appraised ........................................ 3 Market Value Definition ......................................... 4 • Location Description ........................................... 5 Property Description ........................................... 5 Highest and Best Use - Before Condition .............................. 6 Sales Comparison Approach to Value - Before Condition .................... 7 Preliminary Description of the Taking ............................... 14 Description of Potential Damages ........................ .......... 14 Highest and Best Use - After Condition .............................. 15 Sales Comparison Approach to Value - After Condition ................... 16 Temporary Easement .......................................... 18 Reasonable Exposure Time ...................................... 18 do Summary of Estimated Damages ................................... 18 Qualifications of the Appraisers ................................... 19 ADDENDA Aerial Photograph ............................................ A-1 PlatMap ................................................. A-2 • AN rw • LM 7 Elk R, $ r� ® ManaWa. A---------�` ' C ww ° T h - "- jdy®il lalorawn R.p�' �1 �":v-d d- a.. V- tm • !' p Ve. 1 Qulu I ,a, p, .. T Lwnrpetw uw- 8 �/W[� +91�-AY'� ©_ 6u1wJIVY l2i.1 I I Colombw T" 09 t.. a Cow 11.114 i@ :a ltiw.NE a -u a may. w6tAa �$ Pah x i Vls Oj max-- 'a �ath Oslo Mp PvR FrdIY2 ANu F a:.?.: � x { b'9a pp penriaw d ee.rWr s.a+ FWMA EA Nut dyy 5 d. _�n� q• sff // 4'F LaNe� pp Cq raw IG�ld,'� INRGlG.G t LOCATION MAP Q al MVIS'hY{ V Rewmoaet - ��1.9:SIE IXgR W �, 0 04264-7.wpd Shenehon Company I • PURPOSE OF THE REPORT • The purpose of this report is to estimate the market value of the real estate both before and after a permanent easement taking for a watershed management basin. The function of this report is to estimate damages for budgetary use. SCOPE OF THE APPRAISAL • J • • Our appraisal analysis was limited in scope, but was based upon the generally accepted appraisal practices. Within our valuation analysis we completed the following functions and procedures. - Inspected the subject property and reviewed aerial photographs of the proposed taking; - Familiarized ourselves with the neighborhood, and analyzed the surrounding property trends; - Considered and reviewed the historical market taking into account stability and/or changes; - Completed highest and best use analyses in the before and after conditions for the subject property based upon our market research and analysis; - Researched comparable sales of similar land tracts and analyzed their applicability to the subject; - Developed an opinion of reasonable exposure time for the subject property to effect a sale at our estimated market value. Sources used in the appraisal process include data in our office library and archives, discussions with buyers and sellers; developers; and other real estate experts, including brokers and agents active in the Twin Cities real estate market. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement area to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 04264-7.wpd Sbenebon Company 2 • PROPERTY RIGHTS APPRAISED The subject real estate will be appraised by estimating the market value of the fee simple interest of the real estate. For use in this report, the market value of the fee simple interest in the real estate is subject to the following definition contained on Page 113 of The Dictionary of Real Estate Appraisal, Fourth Edition: • A fee simple estate implies absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. ;7 J • :7 04264-7.WN Sbenebon Company MARKET VALUE DEFINITION Market value as utilized in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. The corresponding definition, as referenced on Page 211 in the Uniform Standards of Professional Appraisal Practice, 2004 Edition, has been agreed upon by agencies that regulate federal financial institutions in the United States and is provided below. The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. We have developed an opinion of reasonable exposure time within this appraisal. Please refer to that section of the report for details. DATE OF VALUATION Because the taking is proposed, the effective date of valuation is in the near future and our effective date of valuation is October 12, 2004. The date of inspection was October 12, 2004. The date of the report is November 1, 2004. 042e4a.wpd spun C=Pp y 4 • LOCATION DESCRIPTION Chanhassen is a small, but growing, city in northeastern Carver County, approximately 21 miles southwest of downtown Minneapolis. Chanhassen's primary transportation with the remainder of the metropolitan area is the east/west-oriented State Highway #5. Currently four lanes in width • from Chanhassen, State Highway #5 connects with Interstate #494 about 4.5 miles east of the city limits. Chanhassen was a village of only 244 people in 1960. However, by 2000, the population had grown to 20,321, according to the U.S. Census, and is expected to increase to 24,900 by the year 2010. • In 1976, less than 1 % of Chanhassen's 704 acres of commercially zoned land was developed. Through aggressive work by the city's Housing and Redevelopment Agency and the creation of the 330-acre Chanhassen Lakes Business Park, that figure was closer to 40% by 1988, and currently about 60% of that land has been developed. The increased assessed valuation and the tax increment dollars gave Chanhassen the financial strength to redevelop the downtown area north of • State Highway #5. Currently, the city has just over 281 acres of land to be developed for commercial, industrial, or office uses. General boundaries for the subject property neighborhood are Highway #101 to the east, downtown Chanhassen to the north, Lake Drive to the south, and Powers Boulevard to the west. • The immediate neighborhood consists primarily of commercial developments along the north and south sides of Highway #5, with a retail shopping development between the subject property and downtown area of Chanhassen. Access by way of curb cuts is not currently available to the subject property. Overall, the area and neighborhood characteristics exert a positive influence on the value of the subject. • PROPERTY DESCRIPTION The subject site is a 6.12-acre, rectangular -shaped parcel located at the intersection of Highway #5 and Market Boulevard in the eastern portion of the city of Chanhassen. The subject site has good • access to the city's main transportation routes. Site topography is generally low and gently rolling, sloping from east to west. The subject site is currently undeveloped. A storm water drainage pond encompasses most of the subject property. Soil conditions are assumed to be free from contamination. According to FEMA, the subject property is located in area C, which is an area of minimal flooding. The subject property is zoned BG, which is the city's General Business • District. The site is located in the City of Chanhassen's Highway 5 Overlay District 1, which refers to the area along Highway #5 between Powers Boulevard and Dell Road. According to the owners, title to the subject property has not changed in the past three years. No current listings, options or agreements of sale of the subject property were discovered in the course of this analysis. The property has a lengthy metes and bounds legal description which is retained in the appraisers files. The parcel's property tax identification number is 25.2530030. 04264-7.wpd Shmrhm Company HIGHEST AND BEST USE - BEFORE CONDITION The highest and best use of the subject real estate as it will be regarded in this report will conform to the following definition found on Page 305 of The Appraisal of Real Estate, 12th Edition: Highest and best use is the reasonably probable and legal use of vacant land or an improved property, which is physically possible, legally permissible, appropriately supported, financially feasible, and that results in the highest value. Highest and Best Use of the Land as Though Vacant The subject is a t6.12-acre parcel with good access to main transportation routes and good exposure from Highway #5. Current zoning allows for a number of commercial uses including, but not limited to: restaurants, convenience store with fuel stations, health services, and financial institutions. However, due to the property's physical features and the designated use as a drainage pond, future development is unlikely for this parcel in the foreseeable future. A storm water drainage pond is considered the most financially and physically feasible use of the site. The physical, legal, and economic factors impacting the site suggest use of as a drainage pond to be its highest and best use. 04264-7.wpd Shenebon Company 6 r� u SALES COMPARISON APPROACH TO VALUE - BEFORE CONDITION • The sales comparison approach to value is defined as: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being • considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. (rhe Dictionary of Real Estate Anoraisal Fourth Edition, Page 255.) The major premise within this approach is that the market value of the subject property is directly related to the prices of comparable, competitive properties. Furthermore, this valuation method • not only assumes that both buyer and seller are fully informed about the property, but also that both have general knowledge of the market for that type of property and that the property has been exposed in the open market for a reasonable time. Selection of properties similar to the subject in type and class and which have sold recently in the • same or competing areas facilitates a credible comparable sales analysis. When combined with the application of appropriate elements of comparison and reasoned adjustments, a reliable value estimate can be derived. The analytical process used to determine the degree of comparability between two properties involves judgment as to similarity between many possible value factors, for example; property rights conveyed, financing terms, date of sale, location, physical • characteristics, and economic characteristics. The sale prices of properties deemed most comparable to the subject property tend to set the value range for the subject property. The comparative analysis and adjustment process refines the value range indication and suggests a probable price at which the subject property might exchange between a willing seller and willing buyer on the valuation date. • The data considered in the application of the adjustment process will vary with the type of property to be appraised. However, four categories of data are basic and apply regardless of property type. They are: • 1. Sale prices of properties comparable to the property to be appraised. 2. Conditions, market and transaction specific, which influenced sale price. 3. Location of each property. 4. Physical characteristics of each property. Consistent with the conclusion reached in the highest and best use analysis of the subject property, comparable property sales in comparable locations were researched and analyzed. We believe the sales summarized in our sales comparison approach are the best available indicators of value for the subject property with respect to important elements of comparison. The comparable market data suggests that the best unit of comparison for the subject real estate should be sale price per acre or square foot. • 04264-7.wpd Sbenebon Company 7 Sales Comparison Approach to Value - Before Condition - Continued Land Analysis In the valuation of land, one must consider that the supply of land is relatively stable. In addition, land has value because it has a specific use and is in demand. Appraisal principles which are inherent in the valuation of land and land value include anticipation, supply and demand, substitution, and balance. These principles basically indicate that a prudent investor when purchasing a site considers not only the site itself, but also the existing market, competition and potential uses for the future. There are six different methods for the appraiser to analyze the value of a site, including sales comparison, allocation, extraction, subdivision development, land residual, and ground rent capitalization. Depending upon the type of land to be appraised and the existing market conditions, one or more of these methods may be applicable for the valuation process. For this appraisal, we have utilized the sales comparison method, which is defined as follows: Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value indication for the land being appraised. Typically, the most reliable way to estimate land value is by sales comparison. 04264-7.wpd Shembon Company 0 • L • • • • Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued We researched and analyzed land sales which are comparable to the subject property and, as a result, have formed an opinion of market value for the site. Our land value estimate for the subject assumes that any levied or pending special assessments are paid in full. Comparable real estate transactions which were useful in estimating this land value are individually described below. COMPARABLE LAND SALES FACT CHART Sale Sale Intended Sale Area Sale Price/ No. Location Use Date (Sq. Ft.) Price S . Ft. 1. xxx Birch Island Road Park/open 1/02 1,376,060 $600,000 $0.44 Eden Prairie, MN Space 2. Xxx Riverview Road Residential 4/99 1,264,111 $150,000 $0.12 Eden Prairie, MN Outlot/Open Space 3. NWC Hwy. #61 & Cry. Rd. C Open Space 7/99 759,250 $144,000 $0.19 Maplewood, MN 4. 1263 Promenade Place Open Space 12/99 1,585,148 $313,600 $0.20 Eagan, MN Subject: Open Space 10/04 266,587 — NWC of Hwy. #5 Market Blvd. (Date of Chanhassen, MN - Value) The listed sales have been compared to the subject for items of difference, including variances for time of sale, size, access/traffic exposure, general location, etc. A description of the adjustments made to the comparable sales, a location map, and a chart demonstrating our analysis in the adjustment process are provided on the following pages. 04264-7.wpd Sb i bcn Company E �7 Sales Comparison Aouroach to Value - Before Condition - Continued Land Analysis - Continued Adiustments 1. Property Rights Conveyed - Fee simple property rights were conveyed in each of the sales; therefore, no adjustments were necessary under this category. Financing - is considered within the adjustment process in order to reflect only the value of the real estate and not the value of any favorable or unfavorable financing which is not directly related to the value of the real estate itself. Each of the comparable sales cited is at market financing terms and no adjustments for financing were made. 3. Conditions of Sale - considers various types of extenuating circumstances such as buyer or seller motivations and opinions at the time of sale which may have impacted the sale price. No undue motivations or conditions are known to have impacted any of the comparable sales, and no adjustments were made for conditions of sale. Time - is included within the adjustment process for the purpose of considering any changes within the market (either positive, negative, or stable) due to the passage of time, and differences in buyers'/sellers' attitudes toward the real estate market in general. For this appraisal, we have used a time adjustment rate of 2.5 % per year. 5. Physical Characteristics Location - considers the immediate land uses surrounding the subject property and their relative desirability in comparison to the subject's location. This category also considers convenience of access and the amount of visibility/identity that a comparable possesses in relation to the subject property. Sales #3 and #4 are most similar to the subject property because they are located on a corner in a commercial area. No adjustments were made to account for differences in location due to a limited need to access wetlands. • Zoning - considers differences in allowable development opportunities compared with the subject property. Development density, restrictions, requirements and allowable uses impact the amount a buyer is willing to pay for a specific site. Like the subject property, Sale #3 and #4 are located in areas zoned commercial. Sale #1 is located in an area zoned for parks/open space and Sale #2 is located in an area zoned residential. Sale #1 • and #2 have been adjusted upward because residential and park/open space zoning districts have less flexibility in allowable uses than areas zoned commercial. 04264-7.wpd 5b=bon Company 10 LI Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued Adjustments - Continued Physical Characteristics - Continued Size - this adjustment is important particularly when significant differences arise in size between the subject and a comparable sale. The general tendency of the market is to pay higher unit prices for smaller parcels than for larger ones in most suburban locations. Each of the comparable sales has been adjusted upward due to account for the smaller size of the subject property. • Shane - considers the suitability of a parcel's shape compared with the subject. The market tends to pay less for an irregular -shaped tract than for a regular -shaped parcel. This is because oftentimes irregular -shaped parcels are more difficult and costlier to develop. Because the subject property long and narrow, it is considered irregularly - shaped, which could limit development plans. Each of the comparable sales was adjusted downward for being more regularly -shaped. • Topography/Soils - Severe slopes and poor soils can force inefficient land plans and increased development costs compared to level parcels with stable soils. Each of the comparable sales have generally level topography with soils unsuitable for development and no adjustments were necessary under this category. • Utilities - Availability of common utilities such as water, sewer, electricity, natural gas, and communications cable impact the price a buyer will pay for land. Parcels lacking one of these services will typically be discounted to compensate for attaining the service or a suitable replacement. The subject and each of the comparable sales have all typical utility services available and no adjustments are necessary for utilities. • Other - Considers any other differences between the subject and a comparable sale which S might require sale price adjustments and are not already addressed by a prior category. �J C7 04264-7.wpd Sbenebw Company 11 • -_._7—_OO �-..�` aw.�I �ir&sWr®..i � I r.P -. F<•ar_ � I 1 _ _CID 46, a "� All ' . � Cal) w, o- 7- ONEPIKIWU ElwwrA 1- - wa�a wav • • - � A `� slyp�y�®Ilyweyv buYy�� amWynma OO AF �; cw.y ro.a T yyy X.& SCALEINMILES Cxm 7 j Pvw lb' p M MYTy ©l NWWP _ � y s� _ cn- a I i l � a s I • O © a O i`, I� i �lae.rtYi'wY.®aTz ems. sl-;�ssswn i� Iraq �-- i Ia.YppTlw „1 �Q• O a 4 `°� . C i i. .^".' l @"1'a['I lu.r�/ lar.a. �;O g� � '•��1 la �qj" 1 � ((�p� iL .l jF F9 Alpo �-`L ©iaas x--♦>©1- F""4..: lmpinr p—ID- COMPARABLE LAND SALES MAPQ • 04264-7.wpd S6enehon Company 12 0 Sales Comparison Approach to Value - Before Condition- Continued C7 L) n U Ll u • El Land Analysis - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 Sale #2 Sale #3 Sale #4 Sale Price Per Sq. Ft. S0.44 $0.12 $0.19 S010 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.12 $0.19 $0.20 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.12 $0.19 $0.20 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.12 $0.19 $0.20 4. Date of Sale Adjustment 7% 15% 14% 13% Adjusted Price per S . Ft. $0.47 $0.14 $0.22 $0.23 5. Location and Physical Location 0% 0% 0% 0% Zoning 10% 10% 0% 0% Size 20% 20% 15% 20% Shape 0% 0% 0% 0% Topography/Soils 0% 0% 0% 0% Utilities 0% 0% 0% 0% Other 0% 0% 0% 0% 30% 30% 15% 20% Adjustment Adjusted Price Der S . Ft. $0.61 $0.18 $0.25 $0.28 Indicated Subject Value PSF $0.61 $0.18 $0.25 $0.28 Indicated PSF Value Range $0.18 to $0.61 Indicated Mean Value PSF $0.33 Before adjustments for differences, the aforementioned sales indicate a range of $0.12 per square foot to $0.44 per square foot for the subject land. After adjustments, these sales indicate a range of $0.18 per square foot to $0.61 per square foot, with a mean of $0.33. After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $0.35 per square foot. 266,587 square feet @ $0.35/square foot = 04264-7.wpd Sbenebon Company $93,305 Rounded to: $95,000 13 i9:»0i, ti.: A legal description of the taking was not provided. The ultimate size and shape of the permanent • easement taking will be determined by a process which will accommodate the wishes of the property owner, if possible. An aerial view was provided with the approximate location and scale of the proposed easement taking depicted on the subject property. Ll • Permanent Easement In this instance, the easement will encumber an area in the eastern half of the subject property. The easement area measures approximately 107,200 square feet. Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. The size and duration of the temporary easement is unknown on the date of valuation. • DESCRIPTION OF POTENTIAL DAMAGES Permanent Easement The most obvious source of damage is the permanent easement taking which will encumber land • area currently unencumbered. The taking will encumber deepening the drainage pond, which measures 107,200 square feet of land situated near the intersection of Highway #101 and Highway #5 in the east -central portion of the property. An aerial view depicting the proposed location and size of the permanent easement indicates the impact on the overall use of the property will likely be minor and its effect does not result in a change in the highest and best use. • While the highest and best use does not change, this does not mean that a permanent easement has no impact on property value because a permanent easement takes away property rights from the fee owner. In the after situation, the fee owner loses flexibility in a development plan because he cannot place improvements on the portion encumbered or add capacity to the pond to • accommodate a new development. The potential exists that land suitable for improvements might have to be used for pond purposes when it could otherwise have been located where the permanent easement will be located. Consequently, we view the permanent easement as analogous to, but slightly less than a fee taking, and suggest a 90% diminution of property rights (value) for the taking. :] • 04264-7.wpd sber bon Company 14 0 J Description of Potential Damages - Continued Temporary Easement • Temporary easements for right -of -entry will be necessary for excavation and restoration activities. Excavation would likely take no longer than one month during the winter season, followed by restoration activities when the growing season began, suggesting a maximum duration of less than one year will be necessary. • The size and duration of the temporary easement is unknown on the date of valuation and therefore the magnitude of damages due to a temporary easement is indeterminable. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company • reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • HIGHEST AND BEST USE - AFTER CONDITION Highest and Best Use of the Land as Though Vacant The permanent easement taking does not affect the size, access or exposure of the subject land parcel. The taking does affect the flexibility of development because the easement fixes the • location of a drainage pond and uses drainage capacity that otherwise might be used by an owner in developing the property. The highest and best use remains unchanged after the taking and is still concluded to be for a drainage pond, but at a reduced capacity. • • • 04264-7.wpd Sbenehoo Company 15 • J 41 J • SALES COMPARISON APPROACH TO VALUE - AFTER CONDITION Comparable land sales useful for estimating market value for the subject in the after condition are the same sales used for estimating market value in the after condition and are summarized below. COMPARABLE LAND SALES FACT CHART Sale Sale Intended Sale Area Price/ No. Location Use Date (Sq. Ft.) Sale Price S . Ft. 1. xxx Birch Island Road Park/Open 1/02 1,376,060 $600,000 $0.44 Eden Prairie, MN Space 2. Xxx Riverview Road Residential 4/99 1,264,111 $150,000 $0.12 Eden Prairie, MN Outlot/Open Space 3. NWC Hwy. #61 & Cty. Rd. C Open Space 7/99 759,250 $144,000 $0.19 Maplewood, MN 4. 1263 Promenade Place Open Space 12/99 1,585,148 $313,600 $0.20 Eagan, MN Subject: Open Space 10.04 266,587 -- NIVC of Hwv. #5 Market Blvd. (Date of Chanhassen, MN Taking). Adjustments to the comparable sales are the same as those used and explained in the before condition -- except for the other category. In the after condition the permanent easement will encumber a great amount of the subject property poses challenges for future drainage needs. A downward adjustment is applied to each comparable for superior shape characteristics compared to a property without a permanent easement. The proposed permanent easement may limit future drainage options for the property owner, which may have an effect on the value of the land. 04264-7.wo Sbenebnn Company 16 71 �J • • • 11 • Sales Comparison Approach to Value - After Condition - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale Nl Sale #2 Sale #3 Sale /i4 Sale Price Per Sq. Ft. $0.44 $0.20 $0.19 $0.20 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.20 $0.19 $0.20 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.20 $0.19 $0.20 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per S . Ft. $0.44 $0.20 $0.19 $0.20 4. Date of Sale Adjustment 7% 15% 14% 13% Adjusted Price per S . Ft. $0.47 $0.23 $0.22 $0.23 5. Location and Physical Location 0% 0% 0% 0% Zoning 10% 10% 0% 0% Size 20% 20% 15% 20% Shape 0% 0% 0% 0% Topography/Soils 0% 0% 0% 0% Utilities 0% 0% 0% 0% Other -10% -10% -10% -10% 20% 20% 5% 10% Adjustment Adjusted Price per S . Ft. $0.56 $0.28 $0.23 S0.25 Indicated Subject Value PSF $0.56 $0.28 $0.23 $0.25 Indicated PSF Value Range $0.23 to $0.56 Indicated Mean Value PSF $0.33 • Before adjustments for differences, the aforementioned sales indicate a range of $0.12 per square foot to $0.44 per square foot for the subject land. After adjustments, these sales indicate a range of $0.24 per square foot to $0.56 per square foot, with a mean of $0.33. After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $0.30 per square foot. • 266,587 square feet @ $0.30/square foot = $79,976 Rounded to: $80,000 • 04264-7.wpd Sbe bon Company 17 0 • TEMPORARY EASEMENT • In effect, a temporary easement is like a short-term lease where the land is used for a period of time and then control is returned to the owner. Thus, the value of the temporary easement is calculated on the basis of fair market rent for the land. Ground leases generally range from 8% to 12% of the land's value per year, with the average being about 10% of the land's value on an annual basis. • • • • • • Temporary easement damages are indeterminable because the area to be encumbered and the duration necessary for construction and restoration activities are not known. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. REASONABLE EXPOSURE TIME It is our opinion that a reasonable exposure time of less than 12 months is appropriate for the subject property at our estimated market value. SUMMARY OF ESTIMATED DAMAGES Market Value - Before Condition: $95,000 Market Value - After Condition: $80,000 Diminution in Market Value: $15,000 Temporary Easement Damages Estimate*: $5,000 Total Estimated Damages: $20,000 * Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. 04264-7.wpd Sbeoebon Company iIU QUALIFICATIONS OF ROBERT H. BROWN BIOGRAPHICAL DATA AND EDUCATION Born in Grand Rapids, Minnesota. Graduated from Northland High School in Remer, Minnesota. Bachelor of Science Degree, Bemidji State University, Bemidji, Minnesota, in Mathematics and Psychology. Real Estate Appraisal Principles Basic Valuation Procedures Capitalization Theory A Easement Valuation Capitalization Theory B Standards of Professional Practice Case Studies in Real Estate Valuation PROFESSIONAL OUALIFICATIONS OR ASSOCIATIONS Senior Member, American Society of Appraisers A.S.A. Designation - Machinery and Equipment President, Local Chapter 1992-1993 Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4000646, Expires August 31, 2006 PROFESSIONAL EXPERIENCE Shenehon Company, Minneapolis, Minnesota Vice President since September 2002 Senior Appraiser, April 1993 - September 2002 American Appraisal Associates, Minneapolis, Minnesota Senior/Staff Appraiser from September 1978 to March 1993 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate, business enterprises, and intangible property rights. Appraisal assignments have involved numerous types of commercial, multiple family, industrial, and special purpose properties. These assignments have included mortgage financing, condemnation, tax abatement proceedings, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, allocation of purchase price, and insurance indemnification. Has testified in district court and commissioners' hearings regarding valuation issues. PARTIAL CLIENT LIST American Realty Advisors Frednkson & Byron Novartis Bremer Bank GE Credit Corporation Opus Corporation Boston Sciendfic/SciMed HealthEast Property Reserve, Inc. Brookfield Properties (US) LLC Hillcrest Development Prudential Insurance Carlson Companies Hinshaw & Culbertson Robins, Kaplan, Miller & Ciresi Cargill Hoyt Properties, Inc. St. Paul Properties Caterpillar H.U.D. Silicon Graphics CB Richard Ellis Internal Revenue Service Smith Gendler Shiell Sheff Ford & Maher Citicorp Karim Corporation The Thymes Limited City of Bloomington Kraus Anderson Union Labor Life Insurance Company City of Chaska Leonard, Street & Deinard UnitedHealth Group • City of Fridley Lindquist & Vennum United Properties City of New Hope Lutheran Brotherhood U.S. Postal Service City of St. Paul McGougb Construction University of Minnesota CSM Corporation Metropolitan Airports Commission University of St. Thomas Dorsey & Whitney Minnesota Public Radio Dept of Veterans Affairs Faegre & Benson Moss & Barnett W.D. Schock Frauemhuh Companies NorthMarq Capital Wells Fargo 19 0 QUALIFICATIONS OF STEPHEN T. HOSCH BIOGRAPHICAL DATA AND EDUCATION Born and raised in Columbia Heights, Minnesota, and graduated from Columbia Heights High School. Attended St. Cloud State University and graduated with a bachelor of science degree in real estate with an emphasis in appraisal. Successfully completed numerous real estate appraisal courses offered by the Appraisal Institute, and have attended several seminars covering specialized appraisal topics, some of which are highlighted below: Mortgage Foreclosures in Minnesota - March 2004 Commercial Real Estate Financing - March 2002 Real Estate Outlook for 2004 - December 2003 2nd Annual RERC Industry Outlook - January 2002 Legal Issues in Valuation - March 2003 Real Estate Outlook 2002 - December 2001 Real Estate Outlook for 2003 - December 2002 Eminent Domain - October 2001 • Eminent Domain - October 2002 PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4002903, Expires August 31, 2005 Member - Appraisal Institute (MAI) The Appraisal hvstitute conducts a mandatory program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under the Appraisal Institute education program through December 31, 2006. Member - Minnesota Shopping Cemer Association (MSCA) PROFESSIONAL EXPERIENCE Sbenebon Company, Minneapolis, Minnesota Senior Vice President - Director of Real Estate, since November 2003; Sharebolder Senior Vice President - Co -Director of Real Estate, September 2002-November 2003; Shareholder Vice President - Co -Director of Real Estate, April 2001-September 2002; Shareholder Appraiser/Analyst from June 1991 to March 2001 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate and intangible property rights. Assignments involve numerous types of commercial, multiple family, industrial, and special purpose properties. The specific purposes of these assignments have included highest and best use studies, mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals, gift tax, and allocation of purchase price. Court experience involves testifying at commission hearings and depositions, preparation of affidavits, and providing litigation support. AUTHORICO-AUTHOR OR GUEST SPEAKER OF: "Creative Opportunities in the Current Real Estate Market," Valuation Viewpoint, Summer 2004 "Business Components and the Valuation of Real Estate." Valuation Viewpoint, Winter 2004 "Challenging Issues in Commercial and Industrial Valuation," Commercial Real Estate Financing Conference, March 13, 2002 "Market Valuation & Appraisals," Minnesota Commercial Association of Realtors. January 22, 2002 "Fundamentals of Special Assessments in Appraisal," Valuation Viewpoint, Spring 1999 Is "A Perspective on Subdivision Appraisal," Valuation Viewpoint, Winter 1997 PARTIAL CLIENT LIST Allina Hospitals & Clinics City of Minnetonka Anthony Ostlund & Baer City of New Hope Associated Bank City of Roseville Bum Gury & Steffen City of Shoreview • Best Buy Corporation Crown Bank Blease Law Firm CSM Corporation Briggs & Morgan Faegre & Berton Builders Dev. & Finance Frednkson & Byron Cargill H.U.D. City of Coon Rapids Hone & Michales City of Eagan Hennepin County Regional City of Minneapolis Railway Authority Hinshaw & Culbertson Internal Revenue Service Kelly & Fawcett Kraus -Anderson Leonard, Street & Demard Lindquist & Vennum Lundgren Brothers Construction Malkerson Gilliland & Martin Metropolitan Airports Commission Mumesota Department of Natural Resources (DNR) Oppenheimer, Wolff & Donnelly Opus Group of Cos. Peterson, Frain & Bergman Rinke Noonan Robert Muir Co. Robin, Kaplan, Miller & Cresi U.S. Fish & Wildlife Service United States Justice Department University of Minnesota University of St. Thomas Warchol, Berndt & Hajek Wells Fargo & Co. Williams Pipe Line Company 20 • 7 :l s rl ADDENDA Ll Ll 0 • • • rVL AWJ y '1�'�, ., '•.. ! , r "-,',fir, y � ��'L11iy,.�y rwA.�+1�'' .w.� � • 1 ,�f:~ rh r ii rti • w y 77 ~ , • `r °� �'"w , Feet • 50 0 50 100 150 200 w i 3 6 wR A tEGµL144�am MT. rHWn s A CpYRAi1M [fpp5 ff q[ As r,aY ANNcu= w rx[ cAN�x caxrr - a xPax,�xN IS N >/2 SEC, 137 T.116, R23 (NLY m K lw ,Iya gET91E>KF w1ma5Es 1 W cuprr Me Irz Am°rs NHai KSOONsac rrn ANT ACLwA¢5 corrwm Mvm.. V.r✓ W SECOND �a �° °M' 25.OS000ibm "� Op�I/ zs.o 22zoo TRACT 8 �a q ; ' ;59 q �, a- 4 °' } , 7 (y' 25. 2300 _ • _ — �' {� qga t� . a°e. , r�787H--L :g ACT _— p 9 ' C MYZT 'C 'n ' _may OUMOT A 25.451I)O c A , a - - 25.0136500 A Lf 9 8 25-0130500 0 o aid a =1 A R e z5.oT3°TG° 0�5'1'ti00 { / 5 O � 251950 2 ,,.• � x•"� at F � �L OCK I ° i ' OUTLOr P, 17D gr0 AN � 25.0130700 _ OG�' Y Ace SOT v E — t E W A to— oNE q R � o 'G t' I • a U '" 107 ofyy M5A N' \ l , I .,'Al S} A 25.0133000 \ 5 z Z 8 Dg �D for+ yr o aggROA ADDI 6 CRwnor I A ' �' 1 1,� 25.3451110 • Pi- a PARK N 'Cl n — 8 _ ,� I aunm a [E+a ♦ PAIR ,. ' ry N N FAQ' �, _ I is Of W MMOT OU OT KE n n WILOTI �" B NNASSEN n " ` <iW V W Z • HA �` w o a P. O z C 6 z K["C6 M Pe LOT ° o ARK ,� � l � �• " P • _= r/'1 NNt••f J GOVERNN NNE 0: LAKE wSAN rr rioi s Z PE0. GOVERNMENT L NOTES/ W"- SPOCt —\ a+ AGES al Y — — LL N p = 1 • - NOTE: MN/DOT RIGHT Oft,WAY PLAT ALIGNMENTS (r0-3 ANO 10-0) NOT MATCH NE HIGHWAY AUGNMENTS DEPICTED BY THE M,'AfM000 w � _ I TRDERO IT KGHWnY NUMBER i N rI , O i s Nnl oI ��� _ ' d ' J a a 2� _• Surveying h Mapping Office • Plat System Services, Inc. Revised March County Gov. Centerch 2004 600 East Farth street Chaska MN 55318 0 BUSINESS & REAL ESTATE VALUATIONS rl • 0 0 0 0 0 LB41TED APPRAISAL SUMMARY REPORT Address Unassigned Vacant Land Parcel Chanhassen, Minnesota October 12, 2004 04264-5 Copyright C 2004 by Shenehon Company. All rights reserved. • SHENEHON COMPANY BUSINESS & REAL ESTATE VALUATIONS • November 1, 2004 Riley -Purgatory -Bluff Creek Watershed District c/o Krebsback Haik Mr. Paul Haik 225 South Sixth Street, Suite 4320 Minneapolis, Minnesota 55402 RE: LIMITED APPRAISAL - BEFORE AND AFTER PROPOSED PERMANENT • EASEMENTS - SUMMARY REPORT OF THE PROPERTY LOCATED ALONG THE NORTH SHORE OF RICE MARSH LAKE, CHANHASSEN, MINNESOTA Dear Mr. Haik: In accordance with your request, we have completed a limited appraisal of the above -referenced property. Our report is the result of a limited appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP) were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree there is departure from specific guidelines of USPAP. This appraisal includes only the real estate and does not include any personal property, trade fixtures or intangible items that are not real property. This Summary Report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. • The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or • highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement areas to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 88 SOUTH TENTH STREET I SUITE 400 1 MINNEAPOLIS i MINNESOTA 1 55403 1 612/333-6533 1 FAX: 612/344-1635 WWW.SHENEHON.COM j E-MAIL: VALUE@SHENEHON.COM Mr. Paul Haik November 1, 2004 Page 2 Based on the limited appraisal investigation summarized herein, and the extraordinary assumptions outlined, our opinions of market value for the subject property, as of October 12, 2004, are: Market Value - Before Condition: $1,235,000 Market Value - After Condition: $1.225,000 Diminution in Market Value: $10,000 Plus: Temporary Easement Estimate*: $5•000 Total Diminution in Value and Damages $15,000 Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. This appraisal does not include any personal property, fixtures, intangible items, and any other associated property that might exist which are not real property. It is our opinion that a reasonable exposure time of approximately 12 months is appropriate for the subject property at our estimated market values. Please refer to the Reasonable Exposure Time section of this appraisal for details. The values indicated have been estimated by means of generally accepted real estate valuation methods. Please contact us if you have any questions or comments. • Mr. Paul Haik November 1, 2004 • Page 3 The undersigned appraisers certify that they have personally inspected the property and have investigated information believed to be pertinent to the valuation of the property, and to the beat of their knowledge and belief the statements and opinions expressed herein are correct and • reasonable, subject to the limiting conditions set forth herein. • Sincerely, SHENEHON COMPANY Certified to this 1st day of November, 2004 Robert H. Brown Vice President License No. 4000646 Stephen T. Hosch, MAI Senior Vice President License No. 4002903 • /sm • • • 0 J • J CERTIFICATION I certify that, to the best of my knowledge and belief: 1. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest or bias in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved with this assignment. 4. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 5. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were approved and published by the Appraisal Standards Board of The Appraisal Foundation in 2004. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the letter of transmittal of this report, unless I have otherwise stated in the reconciliation section. 6. I have made a personal inspection of the property that is the subject of this report. 7. No one provided significant professional assistance to the person(s) signing this report. 8. As of the date of this report, Stephen T. Hosch has completed the requirements under the continuing education program of the Appraisal Institute. 9. This appraisal assignment was not based on a requested minimum valuation or specific valuation for approval of a loan. Appraisal fees are in no way contingent upon values concluded by the appraisal firm. 10. Shenehon Company and/or the appraisers of the subject property have previously prepared appraisal reports of various types of undeveloped land. Therefore, I have the knowledge and experience to meet the competency provision of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. I I. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. Robert H. Brown Vice President License No. 4000646 i Stephen T. Hosch, MAI Senior Vice President License No. 4002903 Copyright C 2004 by Shenehon Company. All rights reserved. r] CONTINGENT AND LBUTING CONDITIONS The value estimates and conclusions in the appraisal are made subject to these assumptions and conditions: 1. As agreed upon with the client prior to the preparation of this appraisal, this is aLimited Appraisal because it invokes the Departure Rule of the Uniform Standards of professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced. 2. This is a Summary Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. 3. The property has been appraised as free and clear of all indebtedness, under responsible ownership and good management unless otherwise set forth in the appraisal. 4. No responsibility is assumed for title considerations. Title to the appraised property is assumed to be good and marketable unless otherwise stated in this report. 5. Information provided by others is believed to be reliable, but no warranty is given for its accuracy. The appraiser certifies that, to the best of his knowledge and belief, the statements, information, and materials contained within the appraisal report are correct. 6. No responsibility is assumed for matters which are legal in nature. The furnished legal description is assumed to be correct. Any improvements are assumed (without survey) to be located within the legally described property and in compliance with all ordinances. Unless noted otherwise in the report, we assumed any use of the land and any improvements are within the boundaries or property lines of the described property, and that there is no encroachment or trespass. 7. No analysis of soil conditions was required and none has been made. All value estimates in this report assume stable soil, and any necessary soil corrections are to be made at the seller's expense. 8. Any forecasts, projections, or operating estimates contained herein are based upon relevant market conditions, anticipated short-term supply and demand factors, and an assumed stable economy; and therefore are subject to change in future conditions. We assumed financing is available for typical purchasers of real estate in the subject's market in amounts similar to those indicated or implied in the appraisal report. 9. Surveys, plans or sketches may be provided in this report to assist the reader in visualizing the property and may not be complete or drawn exactly to scale. We made no survey of the property and assume no responsibility for its accuracy. 10. The market value herein estimated is based on physical conditions which were evident at the time the property was inspected and may vary at a later date. Any proposed improvements are assumed to be completed in a good workmanlike manner and in accordance with submitted plans and specifications. 11. The appraiser herein shall not be required to prepare for or appear in court or before any board or governmental body by reason of the completion of this assignment without pre -determined arrangements and agreements. Continent and Limiting Conditions - Continued 12. Information in the appraisal relating to comparable market data is more fully documented in the confidential file in the office of the appraiser. All studies and field notes will be secured in our files for future reference. 13. Compliance with all applicable zoning and use regulations and restrictions is assumed unless a nonconformity has been stated, defined, and considered in the appraisal report. Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined, and considered in the appraisal report. We assumed all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 14. The subject property is appraised in fee simple, assuming responsible ownership and management unless otherwise indicated. 15. The client agrees that the appraisal firm does not by performing the services rendered, assume, abridge, abrogate, or undertake to discharge any duty of client to any other entity. 16. Any use of the appraisal report, by the client, is conditioned upon payment of all fees in accordance with the agreed terms. 17. In consideration for performing the services rendered at the fee charged, the appraisal firm expressly limits its liability to five (5) times the amount of the fee paid or $100,000, whichever is less. The appraisal firm expressly disclaims liability as an insurer or guarantor. Any persons seeking greater protection from loss or damage than is provided for herein, should obtain appropriate insurance. The client shall indemnify and hold harmless the appraisal firm and its employees, against all claims by any third party or any judgement for loss or damage relating to the performance or non-performance of any services by the appraisal firm. 18. Unless specifically brought to the appraiser's attention, the appraiser will assume that there are no hidden or unexpected conditions of the asset to be appraised, that would adversely affect or enhance the value. 19. In the future, if the appraisal firm is compelled to produce documents or testify with regard to work performed, the client shall reimburse appraiser for all costs and expenses incurred. 20. In the event of a dispute involving interpretation or application of this agreement, the parties agree that this agreement shall be governed under the laws of the State of Minnesota. 21. Shenebon Company and/or the appraisers are not qualified to render expert opinions regarding structural issues, water damage, environmental assessments (such as mold), engineering/mechanical issues, ADA and/or building code compliance, land planning, architectural expertise or soil conditions. If requested, Shenehon Company will recommend qualified experts in these fields to assist the client and/or the appraisal process. 22. This appraisal report has been written for the intended use of counsel for the Riley -Purgatory -Bluff Creek Watershed District for eminent domain purposes. Possession of this report, or a copy thereof, does not carry with it the right of publication (either in whole or in part), nor may it be used for any purpose other than the one stated in the Letter of Transmittal and the Purpose of the Report, without the express, written consent of the appraiser and client. Authorized copies of this report will be signed in blue ink by the appraiser(s). Unsigned copies or copies not signed in blue ink should be considered incomplete. All unauthorized or incomplete copies of this report should also be considered confidential, and as such, must be returned, in their entirety, to Shenehon Company. • SUMMARY OF SALIENT DATA • Type of Property: Location: Land Size: • Zoning: Date of Inspection: • Effective Date of Appraisal: Date of the Report: Property Rights Appraised: • Total 2004 Real Estate Taxes: Summary of Estimated Damages : • Market Value - Before Condition: Market Value - After Condition: Diminution in Market Value: • • • Plus: Temporary Easement Estimate*: Undeveloped Land Parcel North of Rice Marsh Lake, Chanhassen, MN ±70.5 acres Single Family Residential District and Planned Unit Residential District October 12, 2004 October 12, 2004 November 1, 2004 Fee Simple Interest $0.00; Tax exempt Total Diminution in Value and Damages $1,235,000 $1,225,000 $10,000 $15,000 Reasonable Exposure Time: Approximately 12 months * Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. 0 • Item LI TABLE OF CONTENTS Page No. Letter of Transmittal ........................................... i Certification ................................................ i ii Contingent and Limiting Conditions ................................ Iv Summary of Salient Data ........................................ A • Location Map ................................................1 Purpose of the Report ........................................... 2 Scope of the Appraisal .......................................... 2 Property Rights Appraised ........................................ 3 Market Value Definition ......................................... 4 • Date of Valuation ............................................. 4 Location Description ........................................... 5 Property Description ........................................... 5 Highest and Best Use - Before Condition .............................. 6 Sales Comparison Approach to Value - Before Condition .................... 7 • Preliminary Description of the Taking ............................... 14 Description of Potential Damages .................................. 14 Highest and Best Use - After Condition .............................. 15 Sales Comparison Approach to Value - After Condition ................... 16 Temporary Easement .......................................... 19 • Reasonable Exposure Time ...................................... 19 Summary of Estimated Damages ................................... 19 Qualifications of the Appraisers ................................... 20 • ADDENDA Aerial Photograph ........................................... A-1 PlatMap ................................................. A-4 • • • • Lm �m 0 0 0 Lm 0 0 Lm 0 Ta 7 Orep o" IA"� dor 40* , _*_ ii I,- 'l-1 �oiw% I 14 0 Twp H— ,A A-6 LU -T Ni RNA ; r-S-H. T" •R.06 an P� TWp ar.iw t -41, ra, 4, L-9 up tv T—" -1 17 / —1 rutty D-m� T" 1/FJ LOCATION MAP Q R" 0 04264-5.%T;d slienchon Company PURPOSE OF THE REPORT The purpose of this report is to estimate the market value of the real estate both before and after permanent easement takings for watershed management basins. The function of this report is to estimate damages for budgetary use. SCOPE OF THE APPRAISAL Our appraisal analysis was limited in scope, but was based upon the generally accepted appraisal practices. Within our valuation analysis, we completed the following functions and procedures. - Inspected the subject property and reviewed aerial photographs of the proposed takings; - Familiarized ourselves with the neighborhood, and analyzed the surrounding property trends; - Considered and reviewed the historical market taking into account stability and/or changes; - Completed highest and best use analyses in the before and after conditions for the subject property based upon our market research and analysis; - Researched comparable sales of similar land tracts and analyzed their applicability to the subject; - Developed an opinion of reasonable exposure time for the subject property to effect a sale at our estimated market value. Sources used in the appraisal process include data in our office library and archives, discussions with buyers and sellers; developers; and other real estate experts, including brokers and agents active in the Twin Cities real estate market. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement areas to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 042645.wyd Sbr bon Company 2 L7 PROPERTY RIGHTS APPRAISED The subject real estate will be appraised by estimating the market value of the fee simple interest of the real estate. For use in this report, the market value of the fee simple interest in the real estate is subject to the following definition contained on Page 113 of The Dictionary of Real Estate Annraisal, Fourth Edition: • A fee simple estate implies absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. u J L7 J 04264-5.WN Sbenehon Company MARKET VALUE DEFINITION Market value as utilized in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. The corresponding definition, as referenced on Page 211 in the Uniform Standards of Professional Appraisal Practice, 2004 Edition, has been agreed upon by agencies that regulate federal financial institutions in the United States and is provided below. The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and 5. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. We have developed an opinion of reasonable exposure time within this appraisal. Please refer to that section of the report for details. DATE OF VALUATION Because the taking is proposed the effective date of valuation is October 12, 2004. The date of inspection was October 12, 2004. The date of the report is November 1, 2004. 04264-5.wpd 56enehon Companv 4 • LOCATION DESCRIPTION • Chanhassen is a small, but growing, city in northeastern Carver County, approximately 21 miles southwest of downtown Minneapolis. Chanhassen's primary transportation with the remainder of the metropolitan area is the east/west-oriented State Highway #5. Currently four lanes in width from Chanhassen, State Highway #5 connects with Interstate #494 about 4.5 miles east of the city limits. Chanhassen was a village of only 244 people in 1960. However, by 2000, the population • had grown to 20,321, according to the U.S. Census, and is expected to increase to 24,900 by the year 2010. In 1976, less than 1% of Chanhassen's 704 acres of commercially -zoned land was developed. Through aggressive work by the city's Housing and Redevelopment Agency and the creation of the 330-acre Chanhassen Lakes Business Park, that figure was closer to 40% by 1988, and currently • about 60 % of that land has been developed. The increased assessed valuation and the tax increment dollars gave Chanhassen the financial strength to redevelop the downtown area north of State Highway #5. Currently, the city has just over 281 acres of land to be developed for commercial, industrial, or office uses. • The subject neighborhood is located in the extreme east central section of Chanhassen in the area north of Rice Marsh Lake. The immediate neighborhood is a mixture of single-family residential subdivisions and parkland. Access to the neighborhood is good due to the presence of Highway #5, a major highway of the southwest metropolitan area, which interchanges with the interstate highway system about five miles to the east. Overall, the area and neighborhood • characteristics exert a positive influence on the value of the subject. • The subject parcel is owned by the city of Chanhassen and is used for open space and recreation purposes. Based on the three criteria: contiguity, unity of use, and unity of ownership, the larger parcel measures ±70.5 acres. Site topography is generally flat and almost entirely within the flood plain as delineated by maps created by the Carver County GIS office. An aerial photograph of the site, coupled with a Carver County GIS overlay, shows a significant portion of the site may • be wetlands, including the portion improved as a ball field. Some wooded areas exist but only along the northern perimeter of the property. Chanhassen has zoned the easterly 60% of the property as a single-family residential district and the westerly 40% as a planned unit/residential district. No known easements exist over the site to our knowledge. • The property can be legally described as Outlots B and C, Chanhassen Estates 2nd Addition and Outlot A, Hidden Valley, all in Carver County, Minnesota. Two easements will be located on Outlot C and one easement will be located on Outlot A. According to the public records, title to the subject property has not changed in the past three • years. No current listings, options, or agreements of sale of the subject property were discovered in the course of this analysis. 04264-5.v+pd Shenehon Company 0 • HIGHEST AND BEST USE - BEFORE CONDITION • The highest and best use of the subject real estate as it will be regarded in this report will conform to the following definition found on Page 305 of The Appraisal of Real Estate, 12th Edition: Highest and best use is the reasonably probable and legal use of vacant land or an improved property, which is physically possible, legally permissible, appropriately • supported, financially feasible, and that results in the highest value. Highest and Best Use of the Land as Though Vacant The subject is a t70.5-acre parcel acquired by the city of Chanhassen for recreation and open • space uses. Nearly all is located in a flood plain and much of it is wetlands. Current zoning fosters single-family dwelling and park/open space uses. Given the difficulty of developing such marginal land, a park or open space use is considered the appropriate use of the site. The physical, legal, and economic factors impacting the site suggests park/open space to be the highest and best use of the subject. • :J • • LI • 04264-5.wpd Shenehon Company ri SALES COMPARISON APPROACH TO VALUE - BEFORE CONDITION The sales comparison approach to value is defined as: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. (The Dictionary of Real Estate ADDraisal, Fourth Edition, Page 255.) The major premise within this approach is that the market value of the subject property is directly related to the prices of comparable, competitive properties. Furthermore, this valuation method not only assumes that both buyer and seller are fully informed about the property, but also that both have general knowledge of the market for that type of property and that the property has been exposed in the open market for a reasonable time. Selection of properties similar to the subject in type and class and which have sold recently in the • same or competing areas facilitates a credible comparable sales analysis. When combined with the application of appropriate elements of comparison and reasoned adjustments, a reliable value estimate can be derived. The analytical process used to determine the degree of comparability between two properties involves judgment as to similarity between many possible value factors, for example; property rights conveyed, financing terms, date of sale, location, physical • characteristics, and economic characteristics. The sale prices of properties deemed most comparable to the subject property tend to set the value range for the subject property. The comparative analysis and adjustment process refines the value range indication and suggests a probable price at which the subject property might exchange between a willing seller and willing buyer on the valuation date. • The data considered in the application of the adjustment process will vary with the type of property to be appraised. However, four categories of data are basic and apply regardless of property type. They are: • 1. Sale prices of properties comparable to the property to be appraised. 2. Conditions, market and transaction specific, which influenced sale price. 3. Location of each property. 4. Physical characteristics of each property. • Consistent with the conclusion reached in the highest and best use analysis of the subject property, comparable property sales in comparable locations were researched and analyzed. We believe the sales summarized in our sales comparison approach are the best available indicators of value for the subject property with respect to important elements of comparison. The comparable market data suggests that the best unit of comparison for the subject real estate should be sale price per acre. • 042645.wpd Shenehon Company Sales Comparison Approach to Value - Before Condition - Continued Land Analysis In the valuation of land, one must consider that the supply of land is relatively stable. In addition, land has value because it has a specific use and is in demand. Appraisal principles which are inherent in the valuation of land and land value include anticipation, supply and demand, substitution, and balance. These principles basically indicate that a prudent investor when purchasing a site considers not only the site itself, but also the existing market, competition and potential uses for the future. There are six different methods for the appraiser to analyze the value of a site, including sales comparison, allocation, extraction, subdivision development, land residual, and ground rent capitalization. Depending upon the type of land to be appraised and the existing market conditions, one or more of these methods may be applicable for the valuation process. For this appraisal, we have utilized the sales comparison method, which is defined as follows: Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value indication for the land being appraised. Typically, the most reliable way to estimate land value is by sales comparison. 04264-5.wpd Shenehon Company 7 :7 L] • Ll Sales Comparison Approach to Value - Before Condition - Continued Land Analvsis - Continued We researched and analyzed land sales which are comparable to the subject property and, as a result, have formed an opinion of market value for the site. Our land value estimate for the subject assumes that any levied or pending special assessments are paid in full. Comparable real estate transactions which were useful in estimating this land value are individually described below. COMPARABLE LAND SALES FACT CHART 11 Sale 1. Birch Island Road Eden Prairie, MN 2. Flying Cloud Drive & Dell Road Eden Prairie, MN 3. 16647 E. Lake Netta Drive NE Ham Lake, MN 4. Riverview Road Eden Prairie, MN Subject North of Rice Marsh Lake Chanhassen, MN Intended Park/ Open Space Park/ Open Space Wetland Bank Open Space Sale Sale Price/ Date Acres Zoning Acre 1/02 31.59 Public $18,993 1 2/00 66.24 Rural $11,136 12/02 124.71 4/99 29.02 Park/ 10/04 Open Space (Date of Taking) ±70.5 Res/ $13,937 Ag Rural $5,169 RSF/ PUDR The listed sales have been compared to the subject for items of difference, including variances for time of sale, size, access/traffic exposure, general location, etc. A description of the adjustments made to the comparable sales, a location map, and a chart demonstrating our analysis in the adjustment process are provided on the following pages. 04264-5.WN Shenehon Company 8 r-� Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued Adiustments Property Rights Conveyed - Fee simple property rights were conveyed in each of the sales; therefore, no adjustments were necessary under this category. 2. Financing - is considered within the adjustment process in order to reflect only the value of the real estate and not the value of any favorable or unfavorable financing which is not directly related to the value of the real estate itself. Each of the comparable sales cited is at market financing terms and no adjustments for financing were made. Conditions of Sale - considers various types of extenuating circumstances such as buyer or seller motivations and opinions at the time of sale which may have impacted the sale price. -No undue motivations or conditions are known to have impacted any of the comparable sales, and no adjustments were made for conditions of sale. 4. Time - is included within the adjustment process for the purpose of considering any changes within the market (either positive, negative, or stable) due to the passage of time, and differences in buyers' /sellers' attitudes toward the real estate market in general. For this appraisal, we have used a time adjustment rate of 2.5 % per year to reflect inflationary pressures on real estate values. 5. Physical Characteristics • Location - considers the immediate land uses surrounding the subject property and their • relative desirability in comparison to the subject's location. Sale #3 is located in Anoka County in an area more distant from the metropolitan core and was adjusted upward. None of the other sales was adjusted for location. • Zoning - considers differences in allowable development opportunities compared with the • subject property. Each of the sales has a rural or public zoning with intended use of open space. Although the subject has residential zoning, the city of Chanhassen has no separate park/public designation, rather the use is under the residential zoning umbrella. No adjustments for zoning were deemed necessary. • Size - this adjustment is important particularly when significant differences arise in size between the subject and a comparable sale. The general tendency of the market is to pay higher unit prices for smaller parcels than for larger ones in most suburban locations. The subject and comparable sales are all fairly large parcels and no size adjustments were made. • 05264-5.wpd Shenehon Company 10 • Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued Adiustments - Continued 5. Physical Characteristics - Continued Shane - considers the suitability of a parcel's shape compared with the subject. The market tends to pay less for an irregular -shaped tract than for a regular -shaped parcel. This is because often times irregular -shaped parcels are more difficult and costlier to develop. Shape is not a material factor for this land type and no shape adjustments were made. Tono¢ranhv/Soils - Severe slopes and poor soils can force inefficient land plans and increased development costs compared to level parcels with stable soils. The subject and all of the comparable sales are marginal land and predominantly flood plain in nature. No adjustments were made under this category. • Utilities - Availability of common utilities such as water, sewer, electricity, natural gas, and communications cable impact the price a buyer will pay for land. Developable parcels lacking one of these services will typically be discounted to compensate for attaining the service or a suitable replacement. Utility services are not a factor for this • land type and no adjustments were necessary under this category. Other - Considers any other differences between the subject and a comparable sale which might require sale price adjustments and are not already addressed by a prior category. No other adjustments were identified in the before condition. • • • • 04264-5.WN Shenebon Company 11 • • --\ -� _ Elk Riwl `rJ A Ares.---'yralwm BYa -- emMrerAva AE 1t - N �MdAre NW _ 1 °°8a j `v Ramuy� = O Andover p0�4 L./q a Ir81xAre HX^•�-� CanstaxelihnINE k I iAYe N/ Columbus Twp Hem lake I •=r �_ It C ® _ -� 11 I Y y xt p I I tea. &rtY-wavN1V - Q Mob t .- -.. _..-� - 9: r NEhrmrdtaleRd ,ra_ g _. - -LA IO ' - liar Rogers et 49 .I Dayto�naLa67a NI-? a141A -Qm On---Q ld inria.axE = I LkoL k. ® J is tx1 jNo* t 3 Nnrry T-t" ` F n Ad Q 11 3 Blaine Fortin nt�l I • Hann Twp _ Champxn< Coon Rapids £ a _- 'x 'i0 AWN 1 d ^ a O id. ri a� ---- ---- ` lamrAw � urc ViA�aa,, ®3 ® - y o L-k, maple Grare ® e 12 - 0 to 1O LLB 17 , I A9 Bear 2z U Aid 7n SrN� _Q � Q-�_ 's �lf- �j 7yR�— In[ —N� AN -Osseo srdareN Spring. I L. sl \-1 ! Epn AwN i,' $ Lake;: to Hound, 1�... - - __- 1 ¢ -% Park r rex Corcoran ®1'"r 'yL- BrooklynWA. N I, g No Oaks g ®. L. 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I__._ �f�.r,- Anyzb3i Vox Bay Greenwood ' st ® Svd 133p tW n S.S Irmplay \- nt' Oj g.-.__ Ig ,y` _r I tom, 1c s �t� ; .Ip4 /y / West of Q - Excd I f - yP B7 j< A ` '_�_�ip-y' PSaint u F¢ Sell aul\ Oa ¢ xewood's vw r - A latz O ° Edina xt 22 I 4 'Jr xm�• _ �...�. MerJ(data < r B: iVyyq 7OStW RlchRdd ;SnPoaay7 - HNBnis nw • I Chenhaseen g �, d -t . ?b11'A- -�-+- <<-A-<�`/�.�.f Lew - • t r - Wtear'°",Ia .n �a?� g eaapsr w 3-1e; _ a HIime g" La-k,.r@ E F �'la -. r i MSIE �. RNN 9� ! �BIONrIingC011 w 111 p_ (u� =SIdl Cl .. 6adN UI �' 11 5/ 1� j . Eagan � �Arr td: , �� �/�■ ram_ �_�,,��e� 1 .�:. - � x __ `� g$ ®cP' I mass Grove Haight %-4 ,.. -.. `.'�I- l'J add 51�Red 7Mi _gic. _ Y`Otllky-R0 - Q 1 ® Arr BumsHRe r _ �� to I H j ®'- ta7xa r '0-- I c2rcad Shako m 1 J �__- /j.ckaanTw79 nsb 7e . (AllI------- cu�y y$ APPIe Valley ® Rosemount • i COMPARABLE LAND SALES MAP Q 04264-5.wpd Shenehon Companv 12 0 • r] J u A Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 Sale #2 Sale p3 Sale #4 Sale Price Per Acre $18,993 $11,136 $13,937 $5,169 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price per Acre $18,993 $11,136 $13,937 $5,169 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price per Acre $18,993 S11,136 $13,937 $5,169 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per Acre $18,993 $11,136 $13,937 $5,169 4. Date of Sale Adjustment 7.1% 11.9% 4.6% 13.8% Adjusted Price per Acre $20,342 $12,461 $14,578 $5,882 5. Location and Physical Location 0% 0% 5% 0% Zoning 0% 0% 0% 0% Size 0% 0% 0% 0% Shape 0% 0% 0% 0% Topography/Soils 0% 0% 0% 0% Utilities 0% 0% 0% 0% Other 0% 0% 1 0% 0% 0% 0% 5% 0% Adjustment Adjusted Price per Acre $20.342 $12,461 $15.307 $5 882 Indicated Subject Unit Value $20,342 $12,461 $15,307 $5,882 Indicated Value Range $5,882 to $20,342 Indicated Mean Value $13,498 Before adjustments for differences, the aforementioned sales indicate a range of approximately $5,000 per usable acre to $19,000 per acre for the subject land. After adjustments, these sales indicate a range of approximately $6,000 per acre to $20,000 per acre. Sale #1 and #3 are considered the best indicators of unit value for the subject because they are the most recent sales. • After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $17,500 per acre. 70.5 acres @ $17,500/acre u 04264-5.wpd Sbenebon Company $1,233,750 Rounded to: $1,235,000 13 17 PRELIMINARY DESCRIPTION OF THE TAIGNG A legal description of the takings were not provided. The ultimate sizes and shapes of the permanent easement takings will be determined by a process which will accommodate the wishes of the property owner if possible. An aerial view was provided with the approximate locations and scale of the proposed easement takings depicted on the subject property. Permanent Easements Three easements are proposed on the subject property. The first easement is an area of 7,400 square feet to create a new pond located north of the metropolitan council lift station's in the extreme northeastern portion of the property. The second easement covers 49,200 square feet to deepen an existing pond just south of the metropolitan council's lift station. The third easement is for the creation of a new 35,300 square foot pond to be located west of the Rice Marsh Lake Park ball field. Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. The size and duration of the temporary easement is unknown on the date of valuation. DESCRIPTION OF POTENTIAL DAMAGES Permanent Easement The permanent easement takings will encumber 91,900 square feet of land unencumbered in the before condition. An aerial view depicting the proposed locations and sizes of the permanent easements indicate the impact on the overall use of the property will be minor, given the nature of the property and its current use, and its effect does not change the highest and best use of the property. Although the highest and best use does not change in the after condition, logic mandates that the permanent easements will impact property value because they take away property rights from the fee owner. In the after situation, the fee owner (city) loses drainage capacity and the ability to use the encumbered areas for wetland mitigation in the event that an offsite development plan would require it, and the subject land is not already a wetland. Because the land is in a flood plain and marginal at best for development, the most economic use may be wetland banking, whereby wetlands are created to compensate for draining or filling wetlands on another site which has more development potential. It appears that the fee owner may lose all ability for wetland banking on 42,700 square feet of their property. The balance of 49,200 square feet already appears to be wetlands and will lose drainage capacity to the proposed easement. Consequently, we view the permanent easements as less than a fee taking, and suggest a partial diminution of property rights (value) caused by the taking. 04264-5.WN Skwbw C=PWy 14 • Description of Potential Damages - Continued • Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. Excavation would likely take no longer than one month during the winter season, followed by restoration activities when the growing season began, suggesting a maximum duration of less than • one year will be necessary. The size and duration of the temporary easement is unknown on the date of valuation and therefore the magnitude of damages due to a temporary easement is indeterminable. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately • $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • HIGHEST AND BEST USE - AFTER CONDITION Highest and Best Use of the Land as Though Vacant The permanent easement taking does not affect the size, access or exposure of the subject land parcel. The taking does affect future development flexibility because the easement fixes the • location of a drainage pond and uses drainage capacity that otherwise might be used by an owner for another purpose. Current zoning allows single-family residential, certain recreational, and public uses of the property and is not anticipated to change into the foreseeable future. The physical, legal, and economic factors impacting the site suggest a continue use of the property for park/open space purposes in the after condition. • • • • 04264-5,%pd Shenehon Company 15 0 • • F, • • • • • • • SALES COMPARISON APPROACH TO VALUE - AFTER CONDITION Comparable land sales useful for estimating market value for the subject in the after condition are the same sales used for estimating market value in the after condition and are summarized below. COMPARABLE LAND SALES FACT CHART Sale Sale Intended Sale Price/ No. Location Use Date Acres Zoning Acre 1. Birch Island Road Park/ 1/02 31.59 Public $18,993 Eden Prairie, MN Open Space 2. Flying Cloud Drive & Dell Road Park/ 2/00 66.24 Rural $11,136 Eden Prairie, MN Open Space 3. 16647 E. Lake Netta Drive NE Wetland 12/02 124.71 Res/ $13,937 Ham Lake, MN Bank Ag 4. Riverview Road Open Space 4/99 29.02 Rural $5,169 Eden Prairie, MN Subject North of Rice Marsh Lake Park/ 10/04 ±70.5 RSF/ --- Chanhassen, MN Open Space (Date of - PUDR Taking) The adjustments to these comparable sales are identical to those made and explained in the before condition, except that reduced flexibility in land use caused by the easement encumbrances is considered within the "other" category. Although a permanent easement over land is not a fee taking, it removes a portion of the rights inherent in fee ownership of real estate. The easement will localize drainage basins on the subject property and consume drainage capacity from a potential future highest and best use of the property. 04264-5 wpd Shenehon Company 16 0 • 11 qN Sales Comparison Approach to Value - Continued - After Condition COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 Sale #2 Sale #3 Sale #4 Sale Price Per Acre $18,993 $11,136 $13,937 $5,169 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price per Acre 518,993 $11,136 $13,937 $5,169 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price Per Acre $18,993 $11,136 $13,937 $5,169 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per Acre $18,993 $11,136 $13,937 $5,169 4. Date of Sale Adjustment 7.1% 11.9% 4.6% 13.8% Adjusted Price per Acre $20,342 $12,461 $14,578 $5,882 5. Location and Physical Location 0% 0% 5% 0% Zoning 0% 0% 0% 0% Size 0% 0% 0% 0% Shape 0% 0% 0% 0% Topography/Soils 0% 0% 0% 0% Utilities 0% 0% 0% 0% Other -1% -1% -1% -1% 1 % 1 % 4 % -1% Adjustment Adjusted Price r Acre $20.138 $12.337 $IS 161 $5,824 Indicated Subject Unit Value $20,138 $12,337 $15,161 $5,824 Indicated Value Range $5,824 to $20,138 Indicated Mean Value $13,365 • Before adjustments for differences, the comparable sales indicate a range of approximately $5,000 per usable acre to $19,000 per acre for the subject land. After adjustments, these sales indicate a range of approximately $6,000 per acre to $20,000 per acre. Sale #1 and #3 are considered the best indicators of unit value for the subject because they are the most recent sales. After reconciling the adjustment process, it is our opinion that the data suggests the subject land has a market value of approximately $17,500 per acre. • 04264-5.wpd Shenebon Company 17 • Sales Comparison Approach to Value - Continued - After Condition • The unit value suggested is the same as that concluded in the before condition. The adjustment attributable to a loss of property rights is relatively small and has been removed by the rounding process. However, logic tells us that removal of property rights held by fee ownership causes a diminution of value. Given a choice between equivalent properties available for the same price, except that one is encumbered with a permanent easement and one is not, a prudent buyer would • very likely opt for the property without the easement encumbrance or negotiate a discount for the encumbered property. Therefore, we conclude that the market value of the subject in the after condition is nominally less, say by $100 per acre. • • • • • • • 70.5 acres @ $17,400/acre 04264-5.wpd Shenehon Company $1,226,700 Rounded to: $1,225,000 TEMPORARY EASEMENT In effect, a temporary easement is like a short-term lease where the land is used for a period of time and then control is returned to the owner. Thus, the value of the temporary easement is calculated on the basis of fair market rent for the land. Ground leases generally range from 8% to 12% of the land's value per year, with the average being about 10% of the land's value on an annual basis. Temporary easement damages are indeterminable because the areas to be encumbered and the duration necessary for construction and restoration activities are not known. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. REASONABLE EXPOSURE TIME A reasonable exposure time of less than 12 months is appropriate for the subject property at our estimated market values. SUMMARY OF ESTIMATED DAMAGES Market Value - Before Condition: $1,235,000 Market Value - After Condition: $1,225,000 Diminution in Market Value: $10,000 Plus: Temporary Easement Estimate*: $5,000 Total Diminution in Value and Damages $15,000 Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. 04264-5.wpd Shenebon Company 19 • QUALIFICATIONS OF STEPHEN T. HOSCH BIOGRAPHICAL DATA AND EDUCATION Bom and raised in Columbia Heights, Minnesota, and graduated from Columbia Heights High School. Attended St. Cloud State University and graduated with a bachelor of science degree in real estate with an emphasis in appraisal. • Successfully completed numerous real estate appraisal courses offered by the Appraisal Institute, and have attended several seminars covering specialized appraisal topics, some of which are highlighted below: Mortgage Foreclosures in Minnesota - March 2004 Commercial Real Estate Financing - March 2002 Real Estate Outlook for 2004 - December 2003 2nd Annual RERC Industry Outlook - January 2002 Legal Issues in Valuation - March 2003 Real Estate Outlook 2002 - December 2001 Real Estate Outlook for 2003 - December 2002 Eminent Domain - October 2001 Eminent Domain - October 2002 • PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4002903, Expires August 31, 2005 Member - Appraisal Institute (MAr) • The Appraisal Institute conducts a mandatory program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under the Appraisal Institute education program through December 31, 2006. Member-- Minnesota Shopping Center Association (MSCA) PROFESSIONAL EXPERIENCE • Shenehon Company, Minneapolis, Minnesota Senior Vice President - Director of Real Estate, since November 2003; Shareholder Senior Vice President - Co -Director of Real Estate, September 2002-November 2003; Shareholder Vice President - Co -Director of Real Estate, April 2001-September 2002; Shareholder Appraiser/Analyst from June 1991 to March 2001 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate and intangible property rights. • Assignments involve numerous types of commercial, multiple family, industrial, and special purpose properties. The specific purposes of these assignments have included highest and best use studies, mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals, gift tax, and allocation of purchase price. Court experience involves testifying at commission hearings and depositions, preparation of affidavits, and providing litigation support. • AUTHOR/CO-AUTHOR OR GUEST SPEAKER OF: "Creative Opportunities in the Current Real Estate Market," Valuation Viewpoint, Summer 2004 "Business Components and the Valuation of Real Estate." Valuation Viewpoint, Winter 2004 "Challenging Issues in Commercial and Industrial Valuation," Commercial Real Estate Financing Conference, March 13, 2002 "Market Valuation & Appraisals," Minnesota Commercial Association of Realtors, January 22, 2002 "Fundamentals of Special Assessments in Appraisal," Valuation Viewpoint, Spring 1999 • "A Perspective on Subdivision Appraisal," Valuation Viewpoint, Winter 1997 PARTIAL CLIENT LIST Allina Hospitals & Clinics City of Minnetonka Anthony Osdund & Baer City of New Hope Associated Bank City of Roseville Barna Guzy & Steffen City of Shoreview • Best Buy Corporation Blease Law Firm Crown Bank CSM Corporation Briggs & Morgan Faegre & Benson Builders Dev. & Finance Fredrikson & Byron Cargill H.U.D. City of Coon Rapids Honsa & Michales City of Eagan Hennepin County Regional City of Minneapolis Railway Authority • Hinshaw & Culbertson Internal Revenue Service Kelly & Fawcett Kraus -Anderson Leonard, Street & Deirurd Lindquist & Vennum Lundgren Brothers Construction Malkerson Gilliland & Martin Metropolitan Airports Commission Minnesota Department of Natural Resources (DNR) Oppenheimer, Wolff & Donnelly Opus Group of Cos. Peterson, Frain & Bergman Rinke Noonan Robert Muir Co. Robins, Kaplan, Miller & Cnesi U.S. Fish & Wildlife Service United States Justice Deparmtem University of Minnesota University of St. Thomas Warchol, Berndt & Hajek Wells Fargo & Co. Williams Pipe Line Company 21 QUALIFICATIONS OF ROBERT H. BROW14 BIOGRAPHICAL DATA AND EDUCATION Born in Grand Rapids, Minnesota. Graduated from Northland High School in Reiner, Minnesota. Bachelor of Science Degree, Bemidji State University, Bemidji, Minnesota, in Mathematics and Psychology. Real Estate Appraisal Principles Basic Valuation Procedures Capitalization Theory A Easement Valuation Capitalization Theory B Standards of Professional Practice Case Studies in Real Estate Valuation PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Senior Member, American Society of Appraisers A.S.A. Designation - Machinery and Equipment President, Local Chapter 1992-1993 Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4000646, Expires August 31, 2006 PROFESSIONAL EXPERIENCE Shenehon Company, Minneapolis, Minnesota Vice President since September 2002 Senior Appraiser, April 1993 - September 2002 American Appraisal Associates, Minneapolis, Minnesota Senior/Staff Appraiser from September 1978 to March 1993 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate, business enterprises, and intangible property rights. Appraisal assignments have involved numerous types of commercial, multiple family, industrial, and special purpose properties. These assignments have included mortgage financing, condemnation, tax abatement proceedings, investment cotmseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, allocation of purchase price, and insurance indemnification. Has testified in district court and commissioners' hearings regarding valuation issues. PARTIAL. CLIENT LIST American Realty Advisors Bremer Bank Boston Scientifie/SciMed Brookfield Properties (US) LLC Carlson Companies Cargill Caterpillar CB Richard Ellis Citicorp City of Bloomington City of Cbaska City of Fridley City of New Hope City of St. Paul CSM Corporation Dorsey & Whitney Faegre & Benson Fmuentshuh Companies Fredrikson & Byron GE Credit Corporation HealthEast Hillcrest Development Hinshaw & Culbertson Hoyt Properties, Inc. H.U.D. Internal Revenue Service Kann Corporation Kraus Anderson Leonard, Street & Deinard Lindquist & Vennum Lutheran Brotherhood McGough Construction Metropolitan Airports Commission Minnesota Public Radio Moss & Barmen NorthMarq Capita Novards Opus Corporation Property Reserve, Inc. Prudential Insurance Robins, Kaplan, Miller & Ciresi St. Paul Properties Silicon Graphics Smith Gendler Shiell Sheff Ford & Maher The Thymes Limited Union Labor life Insurance Company UnitedHealth Group United Properties U.S. Postal Service University of Minnesota University of St. Thomas Dept of Veterans Affairs W.D. Schock Wells Fargo 20 . . . ADDENDA . . . . 0 * t � �- yam`► ! � � �` ��t.:•' t i K RM'-2.5 1� t. " m �L, 2 �. RM-2. t ° s Feet z .3 1 . N ' 1 0 50 1000 200 - rcrc 9 Footeryye: �29 Al'. File .i 11G¢I�r7.AOm _ — H�. t4 41, Y� !r ', "1r�•IN"• �- ISMm2A.* .r6 Feet 00 150 200 IN IN )User, bal �l 914l111039:03'34 AM PLAT MAP Q A-4 BUSINESS & REAL ESTATE VALUATIONS • • • LRvIITED APPRAISAL SUMMARY REPORT Vacant Land Parcel Northwest Corner of Highway #101 and Highway #5 Chanhassen, Minnesota October 12, 2004 04264-1 Copyright C 2004 by Shenehon Company. All rights reserved. SHENEHON COMPANY BUSINESS & REAL ESTATE VALUATIONS November 1, 2004 Riley -Purgatory -Bluff Creek Watershed District c/o Krebsback Haik Mr. Paul Haik 225 South Sixth Street, Suite 4320 Minneapolis, Minnesota 55402 RE: LIMITED APPRAISAL - BEFORE AND AFTER A PROPOSED PERMANENT EASEMENT - SUMMARY REPORT OF THE PROPERTY LOCATED AT THE NORTHWEST QUADRANT OF HIGHWAYS X5 AND #101 IN CHANHASSEN, MINNESOTA In accordance with your request, we have completed a limited appraisal of the above -referenced property. Our report is the result of a limited appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP) were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree there is departure from specific guidelines of USPAP. This appraisal includes only the real estate and does not include any personal property, trade fixtures or intangible items that are not real property. This Summary Report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement area to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 88 SOUTH TENTH STREET , SUITE 400 , MINNEAPOLIS , MINNESOTA 55403 i 612/333-6533 j FAX: 612/344-1635 WWW.SHENEHON.COM E-MAIL: VALUEOSHENEHON.COM Mr. Paul Haik November 1, 2004 • Page 2 Based on the limited appraisal investigation summarized herein, and the extraordinary assumptions outlined, our opinions of market value for the subject property, as of October 12, 2004, are: Market Value - Before Condition: $1,190,000 Market Value - After Condition: $1,120.000 Total Diminution in Market Value: $70,000 Temporary Easement Damages Estimate*: $5•000 Total Estimated Damages: $75,000 * Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. • 'However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • • U 0 This appraisal does not include any personal property, fixtures, intangible items, and any other associated property that might exist which are not real property. It is our opinion that a reasonable exposure time of approximately 12 months is appropriate for the subject property at our estimated market values. The values indicated have been estimated by means of generally accepted real estate valuation methods. Please contact us if you have any questions or comments. • Mr. Paul Haik November 1, 2004 • Page 3 The undersigned appraisers certify that they have personally inspected the property and have investigated information believed to be pertinent to the valuation of the property, and to the best of • their knowledge and belief the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. Sincerely, • SHENEHON COMPANY Certified to this 1st day of November, 2004 • �..r.w)n6 Vice President License No. 4000646 • G/ Stephen T. Hosch. MAI Senior Vice President • License No. 4002903 /sm • • • 0 • CERTIFICATION I certify that, to the best of my knowledge and belief: 1. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest or bias in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved with this assignment. 4. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 5. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were approved and published by the Appraisal Standards Board of The Appraisal Foundation in 2004. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the letter of transmittal of this report, unless I have otherwise stated in the reconciliation section. 6. I have made a personal inspection of the property that is the subject of this report. 7. Angela Hough provided significant professional assistance to the person(s) signing this report. 8. As of the date of this report, Stephen T. Hosch has completed the requirements under the continuing education program of the Appraisal Institute. 9. This appraisal assignment was not based on a requested minimum valuation or specific valuation for approval of a loan. Appraisal fees are in no way contingent upon values concluded by the appraisal firm. 10. Shenehon Company and/or the appraisers of the subject property have previously prepared appraisal reports of various types of undeveloped land. Tberefore, I have the knowledge and experience to meet the competency provision of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. it. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. Robert H. Brown Vice President License No. 4000646 Stephen T. Hosch, MAI Senior Vice President License No. 4002903 Copyright 0 2n04 by Shenehon Company. All rights reserved. • CONTINGENT AND LMTING CONDITIONS The value estimates and conclusions in the appraisal are made subject to these assumptions and conditions: 1. As agreed upon with the client prior to the preparation of this appraisal, this is aLimited Appraisal because it invokes the Departure Rule of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. • Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced. 2. This is a Summary Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. 3. The property has been appraised as free and clear of all indebtedness, under responsible ownership and good management unless otherwise set forth in the appraisal. • 4. No responsibility is assumed for title considerations. Title to the appraised property is assumed to be good and marketable unless otherwise stated in this report. 5. Information provided by others is believed to be reliable, but no warranty is given for its accuracy. The appraiser certifies that, to the best of his knowledge and belief, the statements, information, and materials • contained within the appraisal report are correct. 5. No responsibility is assumed for matters which are legal in nature. The furnished legal description is assumed to be correct. Any improvements are assumed (without survey) to be located within the legally described property and in compliance with all ordinances. Unless noted otherwise in the report, we assumed any use of the land and any improvements are within the boundaries or property lines of the described property, and that is there is no encroachment or trespass. 7. No analysis of soil conditions was required and none has been [Wade. All value estimates in this report assume stable soil, and any necessary soil corrections are to be [Wade at the seller's expense. 8. Any forecasts, projections, or operating estimates contained herein are based upon relevant market conditions, anticipated short-term supply and demand factors, and an assumed stable economy; and therefore are subject to change in future conditions. We assumed financing is available for typical purchasers of real estate in the subject's market in amounts similar to those indicated or implied in the appraisal report. 9. Surveys, plans or sketches may be provided in this report to assist the reader in visualizing the property and may not be complete or drawn exactly to scale. We made no survey of the property and assume no responsibility for its accuracy. • 10. The market value herein estimated is based on physical conditions which were evident at the time the property was inspected and may vary at a later date. Any proposed improvements are assumed to be completed in a good workmanlike manner and in accordance with submitted plans and specifications. 11. The appraiser herein shall not be required to prepare for or appear in court or before any board or governmental body by reason of the completion of this assignment without pre -determined arrangements and agreements. Contingent and Limiting Conditions - Continued 12. Information in the appraisal relating to comparable market data is more fully documented in the confidential file in the office of the appraiser. All studies and field notes will be secured in our files for fume reference. 13. Compliance with all applicable zoning and use regulations and restrictions is assumed unless a nonconformity has been stated, defined, and considered in the appraisal report. Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined, and considered in the appraisal report. We assumed all required licenses, certificates of occupancy, consents, or . other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 14. The subject property is appraised in fee simple, assuming responsible ownership and management unless otherwise indicated. 15. The client agrees that the appraisal firm does not by performing the services rendered, assume, abridge, abrogate, or undertake to discharge any duty of client to any other entity. 16. Any use of the appraisal report, by the client, is conditioned upon payment of all fees in accordance with the agreed terms. 17. In consideration for performing the services rendered at the fee charged, the appraisal firm expressly limits its liability to five (5) times the amount of the fee paid or $100,000, whichever is less. The appraisal firm expressly disclaims liability as an insurer or guarantor. Any persons seeking greater protection from loss or damage than is provided for herein, should obtain appropriate insurance. The client shall indemnify and hold harmless the appraisal firm and its employees, against all claims by any third party or any judgement for loss or damage relating to the performance or non-performance of any services by the appraisal firm. is. Unless specifically brought to the appraiser's attention, the appraiser will assume that there are no hidden or unexpected conditions of the asset to be appraised, that would adversely affect or enhance the value. 19. In the future, if the appraisal firm is compelled to produce documents or testify with regard to work performed, the client shall reimburse appraiser for all costs and expenses incurred. 20. In the event of a dispute involving interpretation or application of this agreement, the parties agree that this agreement shall be governed under the laws of the State of Minnesota. 21. Shenehon Company and/or the appraisers are not qualified to render expert opinions regarding structural issues, water damage, environmental assessments (such as mold), engineering/mechanical issues, ADA and/or . building code compliance, land planning, architectural expertise or soil conditions. If requested, Shenehon Company will recommend qualified experts in these fields to assist the client and/or the appraisal process. 22. This appraisal report has been written for the intended use of counsel for the Riley -Purgatory -Bluff Creek Watershed District for eminent domain purposes. Possession of this report, or a copy thereof, does not carry with it the right of publication (either in whole or in part), nor may it be used for any purpose other than the one stated in the Letter of Transmittal and the Purpose of the Report, without the express, written consent of the appraiser and client. Authorized copies of this report will be signed in blue ink by the appraiser(s). Unsigned copies or copies not signed in blue ink should be considered incomplete. All unauthorized or incomplete copies of this report should also be considered confidential, and as such, must be returned, in their entirety, to Shenehon Company. 16 • • 0 • r] \J • SUMMARY OF SALIENT DATA 0 Date of Photograph: Type of Property: Location: Land Size: • Zoning: Date of Inspection: • Effective Date of Appraisal: Date of the Report: Property Rights Appraised: • Total 2004 Real Estate Taxes P October 12, 2004 Undeveloped Land Parcel Northwest comer of Highway #101 and Highway #5 Chanhassen, Minnesota 169,884 square feet, or t3.90 acres Highway and Business District October 12, 2004 October 12, 2004 November 1, 2004 Fee Simple Interest $0.00; Tax exempt • • Summary of Salient Data - Continued Is Value Indicated by Sales Comparison Approach: Estimate Market Value - Before the Taking $1,190,000 Estimate Market Value - After the Taking $1.120.000 • Diminution in Market Value $70,000 Plus: Temporary Easement Estimate* $5,000 Total Diminution in Value and Damages $75,000 Reasonable Exposure Time: Approximately 12 months * Temporary easement damages cannot be accurately estimated until the time and boundaries • necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • u n 0 TABLE OF CONTENTS • Item Pace No. Letter of Transmittal ........................................... r Certification ................................................ Contingent and Limiting Conditions ................................ iv Summary of Salient Data ........................................ vii • Location Map................................................1 Purpose of the Report ........................................... 2 Scope of the Appraisal .......................................... 2 Property Rights Appraised ........................................ 3 Market Value Definition ......................................... 4 r Location Description ....................... ...... • . • • • • ... • • • • • 5 Property Description ........................................... 6 Highest and Best Use - Before Condition .............................. 7 Sales Comparison Approach to Value - Before Condition .................... 8 Preliminary Description of the Taking ............................... 15 • Description of Potential Damages .................................. 15 Highest and Best Use - After Condition .............................. 16 Sales Comparison Approach to Value - After Condition ................... 17 Temporary Easement .......................................... 19 Reasonable Exposure Time ...................................... 19 • Summary of Estimated Damages ................................... 19 Qualifications of the Appraisers ................................... 20 ADDENDA • Aerial Photograph ........................................... A-1 PlatMap ................................................. A-2 E :7 LI • 0 7w 0 Lm 0 0 0 0 7� Twp -, 3 DAk. T" a LeuierRNTwi -1 It RIdrR.M LOCATION MAP Q RI l 04264-I.w-pd sbendcompwy I PURPOSE OF THE REPORT The purpose of this report is to estimate the market value of the real estate both before and after a permanent easement taking for a watershed management basin. The function of this report is to estimate damages for budgetary use. SCOPE OF THE APPRAISAL Our appraisal analysis was limited in scope, but was based upon the generally accepted appraisal practices. Within our valuation analysis we completed the following functions and procedures. • Inspected the subject property and reviewed aerial photographs of the proposed taking; - Familiarized ourselves with the neighborhood, and analyzed the surrounding property trends; - Considered and reviewed the historical market taking into account stability and/or changes; - Completed highest and best use analyses in the before and after conditions for the subject property based upon our market research and analysis; Researched comparable sales of similar land tracts and analyzed their applicability to the • subject; - Developed an opinion of reasonable exposure time for the subject property to effect a sale at our estimated market value. • Sources used in the appraisal process include data in our office library and archives, discussions with buyers and sellers; developers; and other real estate experts, including brokers and agents active in the Twin Cities real estate market. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking, (2) no landscaping changes, improvements or costs will be required or incurred by the owner, and (3) a wetland delineation would determine the easement area to be • located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 04264-1. WN S6=bw Company J D to • PROPERTY RIGHTS APPRAISED The subject real estate will be appraised by estimating the market value of the fee simple interest of the real estate. For use in this report, the market value of the fee simple interest in the real estate is subject to the following definition contained on Page 113 of The Diction= of Real Estate Appraisal, Fourth Edition: A fee simple estate implies absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. 04264-1.u?d Shewbon Company MARKET VALUE DEFINITION Market value as utilized in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. The corresponding definition, as referenced on Page 211 in the Uniform Standards of Professional Appraisal Practice, 2004 Edition, has been agreed upon by agencies that regulate federal financial institutions in the United States and is provided below. The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: buyer and seller are typically motivated; both parties are well informed or well advised, and acting in what they consider their best interests; 3. a reasonable time is allowed for exposure in the open market; payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. We have developed an opinion of reasonable exposure time within this appraisal. Please refer to that section of the report for details. DATE OF VALUATION Because the taking is proposed, the effective date of valuation is in the near future and our effective date of valuation is October 12, 2004. The date of inspection was October 12, 2004. The date of the report is November 1, 2004. 04264-I,wpd Shenehon Company LOCATION DESCRIPTION Chanhassen is a small, but growing, city in northeastern Carver County, approximately 21 miles southwest of downtown Minneapolis. Chanhassen's primary transportation with the remainder of the metropolitan area is the east/west-oriented State Highway #5. Currently four lanes in width from Chanhassen, State Highway #5 connects with Interstate #494 about 4.5 miles east of the city limits. Chanhassen was a village of only 244 people in 1960. However, by 2000, the population had grown to 20,321, according to the U.S. Census, and is expected to increase to 24,900 by the year 2010. In 1976, less than 1 % of Chanhassen's 704 acres of commercially zoned land was developed. Through aggressive work by the city's Housing and Redevelopment Agency and the creation of the 330-acre Chanhassen Lakes Business Park, that figure was closer to 40% by 1988, and currently about 60% of that land has been developed. The increased assessed valuation and the tax increment dollars gave Chanhassen the financial strength to redevelop the downtown area north of State Highway #5. Currently, the city has just over 281 acres of land to be developed for commercial, industrial, or office uses. • The subject neighborhood is located in the northwest comer at the intersection of Highway #5 and Highway #101 in the eastern portion of the city of Chanhassen. The neighborhood boundaries can be described as the municipal border of the city of Eden Prairie approximately ahalf-mile east, the downtown area of Chanhassen to the west, Lake Drive to the south, and a residential area on the south side of Loins Lake to the north. The immediate neighborhood consists primarily of • residential areas to the north and commercial developments along Highway #5 to the west, east, and south. Access to the subject property is available from the north off of 78th Street. Access is not available directly off of Highway #5 which is similar to surrounding commercial sites. The subject site benefits from being located on a comer of a signaled intersection. Overall, the area and neighborhood characteristics exert a positive influence on the value of the subject. • • • 04264-1.WN 5beneaon Companv The subject site is a t3.90-acre, rectangular parcel with good access to the city's main transportation routes. Site topography is generally flat to gently rolling and slopes from west to east. Soil conditions are assumed to be suitable for development and free from contamination. According to FEMA, the subject property is located in area C, which is an area of minimal flooding. The subject property is zoned BH, which is the city's Highway and Business District. The site is located in the City of Chanhassen's Highway 5 Overlay District 1, which refers to the area along Highway #5 between Powers Boulevard and Dell Road. The subject site is currently vacant. The subject site is comprised of two separate lots located on the northwest comer of Highway #5 and Highway #101. Both are owned by the City of Chanhassen. According to the owners, title to the subject property has not changed in the past three years. No current listings, options, or agreements of sale of the subject property were discovered in the course of this analysis. Thepropertyhas a lengthy metes and bounds legal description, which is retained in the appraisers files. The parcel's property tax identification numbers are 25.0132200, 25.0133200, and 25.2870040. �J • • CI 04264-1.wpd Shenehon Company 0 C HIGHEST AND BEST USE - BEFORE CONDITION The highest and best use of the subject real estate as it will be regarded in this report will conform to the following definition found on Page 305 of The Appraisal of Real Estate, 12th Edition: Highest and best use is the reasonably probable and legal use of vacant land or an improved property, which is physically possible, legally permissible, appropriately supported, financially feasible, and that results in the highest value. Highest and Best Use of the Land as Though Vacant The subject is a t3.90-acre parcel with good access to main transportation routes and good exposure from Highway #5. Current zoning allows for a number of commercial uses including, but not limited to restaurants, convenience store with fuel stations, health services, and financial institutions. A commercial development is considered the most financially feasible use of the site. The physical, legal, and economic factors impacting the site suggest a commercial development of the property to be its highest and best use. • C • • • • 04264-1.wpd Sbenehon Company SALES COMPARISON APPROACH TO VALUE - BEFORE CONDITION The sales comparison approach to value is defined as: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. (rhe Dictionary of Real Estate Appraisal, Fourth Edition, Page 255.) The major premise within this approach is that the market value of the subject property is directly related to the prices of comparable, competitive properties. Furthermore, this valuation method not only assumes that both buyer and seller are fully informed about the property, but also that both have general knowledge of the market for that type of property and that the property has been exposed in the open market for a reasonable time. Selection of properties similar to the subject in type and class and which have sold recently in the same or competing areas facilitates a credible comparable sales analysis. When combined with the • application of appropriate elements of comparison and reasoned adjustments, a reliable value estimate can be derived. The analytical process used to determine the degree of comparability between two properties involves judgment as to similarity between many possible value factors, for example; property rights conveyed, financing terms, date of sale, location, physical characteristics, and economic characteristics. The sale prices of properties deemed most • comparable to the subject property tend to set the value range for the subject property. The comparative analysis and adjustment process refines the value range indication and suggests a probable price at which the subject property might exchange between a willing seller and willing buyer on the valuation date. The data considered in the application of the adjustment process will vary with the type of • property to be appraised. However, four categories of data are basic and apply regardless of property type. They are: 1. Sale prices of properties comparable to the property to be appraised. 2. Conditions, market and transaction specific, which influenced sale price. 3. Location of each property. 4. Physical characteristics of each property. Consistent with the conclusion reached in the highest and best use analysis of the subject property, comparable property sales in comparable locations were researched and analyzed. We believe the sales summarized in our sales comparison approach are the best available indicators of value for the subject property with respect to important elements of comparison. The comparable market data suggests that the best unit of comparison for the subject real estate should be sale price per acre or square foot. 04264-1wpd Sheneho.7 Company • Sales Comparison Approach to Value - Before Condition - Continued • Land Analysis In the valuation of land, one must consider that the supply of land is relatively stable. In addition, land has value because it has a specific use and is in demand. Appraisal principles which are inherent in the valuation of land and land value include anticipation, supply and demand, • substitution, and balance. These principles basically indicate that a prudent investor when purchasing a site considers not only the site itself, but also the existing market, competition and potential uses for the future. There are six different methods for the appraiser to analyze the value of a site, including sales comparison, allocation, extraction, subdivision development, land residual, and ground rent capitalization. Depending upon the type of land to be appraised and the existing market conditions, one or more of these methods may be applicable for the valuation process. For this appraisal, we have utilized the sales comparison method, which is defined as follows: • Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value indication for the land being appraised. Typically, the most reliable way to estimate land value is by sales comparison. • • C E • 04264-1.wpd sbef boa Company 0 C • 11 • • • Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued We researched and analyzed land sales which are comparable to the subject property and, as a result, have formed an opinion of market value for the site. Our land value estimate for the subject assumes that any levied or pending special assessments are paid in full. Comparable real estate transactions which were useful in estimating this land value are individually described below. COMPARABLE LAND SALES FACtArea Sale Sale Intended Sale Price/ No. Location Use Dateoning Sq. Ft. 1 450 Pond Promenade Commercial 10/00 41,137 PUD $7.58 Chanhassen, MN 2. 7755 Century Blvd. Chanhassen, MN 3. 7855 Century Blvd. Chanhassen, MN 4. 2800 Corporate Place Chanhassen, MN 5. 1000 Park Road Chanhassen, MN Subject: NWC of Hwy. #101 & Hwy. #5 Chanhassen, MN Commercial 1/04 125,710 PUD $5.10 Commercial 12/03 136,343 PUD $7.30 II Commercial 9/02 79,488 PUD $6.76 Commercial 8/02 117,612 BN $9.02 Commercial 10/04 169,884 BH --- (Date of Taking) The listed sales have been compared to the subject for items of difference, including variances for time of sale, size, access/traffic exposure, general location, etc. A description of the adjustments made to the comparable sales, a location map, and a chart demonstrating our analysis in the adjustment process are provided on the following pages. 04264-1.wyd Shenehon Company 10 E • Sales Comparison Approach to Value - Before Condition - Continued • Land Analysis - Continued Adjustments 1. Property Rights Convey - Fee simple property rights were conveyed in each of the sales; • therefore, no adjustments were necessary under this category. 2. Financing - is considered within the adjustment process in order to reflect only the value of the real estate and not the value of any favorable or unfavorable financing which is not directly related to the value of the real estate itself. Each of the comparable sales cited is at • market financing terms and no adjustments for financing were made. 3. Conditions of Sale - considers various types of extenuating circumstances such as buyer or seller motivations and opinions at the time of sale which may have impacted the sale price. No undue motivations or conditions are known to have impacted any of the comparable • sales, and no adjustments were made for conditions of sale. 4. Time - is included within the adjustment process for the purpose of considering any changes within the market (either positive, negative, or stable) due to the passage of time, and differences in buyers'/sellers' attitudes toward the real estate market in general. For this appraisal, we have used a time adjustment rate of 2.5 % per year. • 5. Physical Characteristics • Location - considers the immediate land uses surrounding the subject property and their relative desirability in comparison to the subject's location. This category also • considers convenience of access and the amount of visibility/identity that a comparable possesses in relation to the subject property. Sales #2, #3, #4 and #5 were given upward adjustments because they are located approximately three miles west of the subject and the core commercial area in Chanhassen in an area of less dense development. • • Zoning - considers differences in allowable development opportunities compared with the subject property. Development density, restrictions, requirements and allowable uses impact the amount a buyer is willing to pay for a specific site. Size - this adjustment is important particularly when significant differences arise in size between the subject and a comparable sale. The general tendency of the market is to pay higher unit prices for smaller parcels than for larger ones in most suburban locations. Sales #1 and #4 were adjusted downward as they are smaller than the subject parcel. 04264-1.wpd Shenehon Company 11 Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued Adiustments - Continued Physical Characteristics - Continued Shane - considers the suitability of a parcel's shape compared with the subject. The market tends to pay less for an irregular -shaped tract than for a regular -shaped parcel. This is because often times irregular -shaped parcels are more difficult and costlier to develop. Because the subject property long and narrow, it is considered irregularly - shaped, which could limit development plans. Each of the comparable sales was adjusted downward for being more regularly -shaped. Topography/Soils - Severe slopes and poor soils can force inefficient land plans and increased development costs compared to level parcels with stable soils. Each of the comparable sales has generally level topography with soils suitable for development and no adjustments were necessary under this category. Utilities - Availability of common utilities such as water, sewer, electricity, natural gas, and communications cable impact the price a buyer will pay for land. Parcels lacking one of these services will typically be discounted to compensate for attaining the service or a suitable replacement. The subject and each of the comparable sales has all typical utility services available and no adjustments are necessary for utilities. Other - Considers any other differences between the subject and a comparable sale which might require sale price adjustments and are not already addressed by a prior category. 04264-1.wpd Shenehon Companv 12 L� ' ts� aw �nH�, EL ajzry `.'m '; ..�. 1 K."YR' "$IPA r c s"�i." _ r _' �(/,�LT•. Y —cn-- GG 1 _ urT / _ N nri.rl' r or ELI N , COMPARABLE LAND SALES MAP Q • 04264-1.wpd Shenehon Company 13 Ll • • • • • • • • • Sales Comparison Approach to Value - Before Condition- Continued Land Analysis - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 Sale #2 1 Sale #3 Sale #4 Sale #5 Sale Price Per Sq. Ft. $7.58 $5.10 $7.30 $6.76 $9.02 1. Property Rights Conveyed Adjustment Adjusted Price per S . Ft. 0% $7.58 0% $5.10 0% $7.30 0% $6.76 0% $9.02 2. Financing Terms Adjustment Adjusted Price per S . Ft. 0% $7.58 0% $5.10 0% $7.30 0% $6.76 0% $9.02 3. Conditions of Sale Adjustment Adjusted Price per S . Ft. 0% $7.58 0% $5.10 0% $7.30 0% $6.76 0% $9.02 4. Date of Sale Adjustment Adjusted Price per S . Ft. 10.4% $8.37 2.0% $5.20 2.2% $7.46 5.3% $7.12 5.7% $9.53 5. Location and Physical Location Zoning Sue Shape Topography/Soils Utilities 0% 0% -5% -5% 0% 0% 3% 0% 0% -5% 0% 0% 3% 0% 0% -5% 0% 0% 3% 0% -3% -5% 0% 0% 3% 0% 0% -5% 0% 0% Other Adjustment Adiusted Price per S . Ft. 0% 0% 0% 0% 1 0% 10% $7.53 2% $5.10 -2% $7.31 -5% $6.76 -2% $9.34 Indicated Subject Value PSF $7.53 $5.10 $7.31 $6.76 $9.34 Indicated PSF Value Range $5.10 to $9.34 Indicated Mean Value PSF $7.21 Before adjustments for differences, the aforementioned sales indicate a range of $5.10 per square foot to $9.02 per square foot for the subject land. After adjustments, these sales indicate a range of $5.10 per square foot to $9.34 per square foot, with a mean of $7.21. After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $7.00 per square foot. 169,884 square feet @ $7.00/square foot = 04264-I.wpd Shenchon Company $1,189,188 Rounded to: $1,190,000 14 0 PRELEM NARY DESCRIPTION OF THE TAKING A legal description of the taking was not provided. The ultimate size and shape of the permanent easement taking will be determined by a process which will accommodate the wishes of the property owner if possible. An aerial view was provided with the approximate location and scale of the proposed easement taking depicted on the subject property. Permanent Easement In this instance, the easement will encumber an area in the eastern half of the subject property. The easement area measures approximately 10,900 square feet. Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. The size and duration of the temporary easement is unknown on the date of valuation. DESCRIPTION OF POTENTIAL DAMAGES Permanent Easement The most obvious source of damage is the permanent easement taking which will encumber land area currently unencumbered. The taking will encumber 10,900 square feet of land situated near the intersection of Highway #101 and Highway #5 in the east -central portion of the property. An aerial view depicting the proposed location and size of the permanent easement indicates the impact on the overall use of the property will likely be minor and its effect, does not result in a change in the highest and best use. While the highest and best use does not change, this does not mean that a permanent easement has no impact on property value because a permanent easement takes away property rights from the fee owner. In the after situation, the fee owner loses flexibility in a development plan because he cannot place improvements on the portion encumbered or add capacity to the pond to accommodate a new development. The potential exists that land suitable for improvements might have to be used for pond purposes when it could otherwise have been located where the permanent easement will be located. Consequently, we view the permanent easement as analogous to, but slightly less than a fee taking, and suggest a 90% diminution of property rights (value) for the taking. 04264-1. WN Sbenebon Companv 15 • Description of Potential Damages - Continued • Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. Excavation would likely take no longer than one month during the winter season, followed by restoration activities when the growing season began, suggesting a maximum duration of less than one year will be necessary. • The size and duration of the temporary easement is unknown on the date of valuation and therefore the magnitude of damages due to a temporary easement is indeterminable. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company • reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • HIGHEST AND BEST USE - AFTER CONDITION Highest and Best Use of the Land as Though Vacant The permanent easement taking does not affect the size, access or exposure of the subject land parcel. The taking does affect the flexibility of development because the easement fixes the • location of a drainage pond and uses drainage capacity that otherwise might be used by an owner in developing the property. The physical, legal, and economic factors impacting the site still suggest a commercial development of the property as market conditions warrant, but with less flexibility of development. • • • i 04264-1.wN Shenehon Company 16 0 • 7 • • E J SALES COMPARISON APPROACH TO VALUE - AFTER CONDITION Comparable land sales useful for estimating market value for the subject in the after condition are the same sales used for estimating market value in the after condition and are summarized below. COMPARABLE LAND SALES FACT CHART Sale Sale Intended Sale Area Price/ No. Location Use Date (Sq. Ft.) Zoning Sq. Ft. 1. 450 Pond Promenade Commercial 10/00 41,137 PUD $7.58 Chanhassen, MN 2. 7755 Century Blvd Commercial 1/04 125,710 PUD $5.10 Chanhassen, MN 3. 7855 Century Blvd Commercial 12/03 136,343 PUD $7.30 Chanhassen, MN 4. 2800 Corporate Place Commercial 9/02 79,488 PUD $6.76 Chanhassen, MN 5. 1000 Park Road Commercial 8/02 117,612 BN 59.02 Chanhassen, MN Subject: Commercial 10/04 169,884 BH NWC of Hwy #101 & Hwy #5 (Date of Chanhassen, MN taking) Adjustments to the comparable sales are the same as those used and explained in the before condition -- except for the other category. In the after condition the shape of the southeasterly • portion of the subject becomes triangular which reduces developable area of the site and poses challenges for situating building and parking improvements. A downward adjustment is applied to each comparable for superior shape characteristics compared to a triangular shape. The proposed location of the permanent easement may limit future development near the corner of Highway #101 and Highway #5, which may have an effect on the value of the land. • • • 04264-].wpd Sheneban Company 17 7 • n L Sales Comparison Approach to Value - After Condition - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 1 Sale #2 Sale #3 Sale #4 Sale #5 Sale Price Per Sq. Ft. $7.58 $5.10 $7.30 $6.76 $9.02 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% 0% Adjusted Price per S . Ft. $7.58 $5.10 $7.30 $6.76 $9.02 2. Financing Terms Adjustment 0% 0% 0% 0% 0% Adjusted Price per S . Ft. $7.58 $5.10 $7.30 $6.76 $9.02 3. Conditions of Sale Adjustment 0% 0% 0% 0% 0% Adjusted Price per S . Ft. $7.58 $5.10 $7.30 $6.76 $9.02 4. Date of Sale Adjustment 10.4% 2.0% 2.2% 5.3% 5.7% Adjusted Price per S . Ft. $8.37 $5.20 $7.46 $7.12 $9.53 5. Location and Physical Location 0% 3% 3% 3% 3% Zoning 0% 0% 0% 0% 0% Size -5% 0% 0% -3% 0% Shape -5 % -5 % -5 % -5 % -5 % Topography/Soils 0% 0% 0% 0% 0% Utilities 0% 0% 0% 0% 0% Other -10% -10% -10% -10% -10% 20% -12% -12% -15% -12% Adjustment Adjusted Price per S . Ft. $-6.70 $4.58 $6.56 $6.05 $8.39 Indicated Subject Value PSF $6.70 S4.58 $6.56 $6.05 $8.39 Indicated PSF Value Ranee $4.58 to $8.39 Indicated Mean Value PSF $6.46 Before adjustments for differences, the aforementioned sales indicate a range of $5.10 per square 40 foot to $9.02 per square foot for the subject land. After adjustments, these sales indicate a range of $4.58 per square foot to $8.39 per square foot, with a mean of $6.46. After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $6.60 per square foot. C 10 169,884 square feet @ $6.60/square foot = 04264-1.wpd Sbrnebw Company $1,121,234 Rounded to: $1,120,000 M TEMPORARY EASEMENT In effect, a temporary easement is like a short-term lease where the land is used for a period of time and then control is returned to the owner. Thus, the value of the temporary easement is calculated on the basis of fair market rent for the land. Ground leases generally range from 8 % to 12% of the land's value per year, with the average being about 10% of the land's value on an annual basis. Temporary easement damages are indeterminable because the area to be encumbered and the duration necessary for construction and restoration activities are not known. However, based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. REASONABLE EXPOSURE TIME It is our opinion that a reasonable exposure time of less than 12 months is appropriate for the subject property at our estimated market value. SUMMARY OF ESTIMATED DAMAGES Market Value - Before Condition: $1,190,000 Market Value - After Condition: $1,120,000 Diminution in Market Value: $70,000 Temporary Easement Damages Estimate*: $5.000 Total Estimated Damages: $75,000 Temporary easement damages cannot be accurately estimated until the time and boundaries necessary for access, excavation, and restoration activities are defined. However, because temporary easements will be necessary, we recommend that approximately $5,000 be budgeted for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. 04264-1.V;N Shenehon Company 19 QUALIFICATIONS OF ROBERT H. BROWN BIOGRAPHICAL DATA AND EDUCATION Bom in Grand Rapids, Minnesota. Graduated from Northland High School in Reiner, Minnesota. Bachelor of Science Degree, Bemidji State University, Bemidji, Minnesota, in Mathematics and Psychology. Real Estate Appraisal Principles Basic Valuation Procedures Capitalization Theory A Easement Valuation Capitalization Theory B Standards of Professional Practice Case Studies in Real Estate Valuation PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Senior Member, American Society of Appraisers A.S.A. Designation - Machinery and Equipment President, Local Chapter 1992-1993 Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4000646, Expires August 31, 2006 PROFESSIONAL EXPERIENCE Shenehon Company, Minneapolis, Minnesota Vice President since September 2002 Senior Appraiser, April 1993 - September 2002 American Appraisal Associates, Minneapolis, Minnesota Senior/Staff Appraiser from September 1978 to March 1993 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate, business enterprises, and intangible property rights. Appraisal assignments have involved numerous types of commercial, multiple family, industrial, and special purpose properties. These assignments have included mortgage financing, condemnation, tax abatement proceedings, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, allocation of purchase price, and insurance indemnification. Has testified in district court and commissioners' hearings regarding valuation issues. PARTIAL CLIENT LIST American Realty Advisors Bremer Bank Boston Sciemific/SciMed Brookfield Properties (US) LLC Carlson Companies Cargill Caterpillar CB Richard Ellis Citicorp City of Bloomington City of Chaska City of Fridley City of New Hope City of St. Paul CSM Corporation Dorsey & Whitney Faegre & Benson Frauenshuh Companies Fredrikson & Byron GE Credit Corporation HealthFmt Hillcrest Development Hinshaw & Culbertson Hoyt Properties, Inc. H.U.D. Internal Revenue Service Kamn Corporation Kraus Anderson Leonard, Street & Deinard Lindquist & Vennum Lutheran Brotherhood McCo gh Construction Metropolitan Airports Commission Minnesota Public Radio Moss & Barnett NorthMarq Capital Novartis Opus Corporation Property Reserve, Inc. Prudential Insurance Robins, Kaplan, Miller & Ciresi St. Paul Properties Silicon Graphics Smith Gendler Shiell Shelf Ford & Maher The Thymes Limited Union Labor Life Insurance Company UmtedHealth Group United Properties U.S. Postal Service University of Minnesota University of St. Thomas Dept of Veterans Affar s W.D. Scbock Wens Fargo 20 A QUALIFICATIONS OF STEPHEN T. HOSCH BIOGRAPHICAL DATA AND EDUCATION Born and raised in Columbia Heights, Minnesota, and graduated from Columbia Heighu High School. Attended St. Crud State University and graduated with a bachelor of science degree in real estate with an emphasis in appraisal. Successfully completed numerous real estate appraisal courses offered by the Appraisal Imtimte, and have attended several seminars covering specialized appraisal topics, some of which are highlighted below: Mortgage Foreclosures in Minnesota - March 2DD4 Commercial Real Estate Financing - March 2002 Real Estate Outlook for 2004 - December 2003 2nd Annual RERC Industry Outlook - January 2002 Legal Issues in Valuation - March 2003 Real Estate Outlook 2002 - December 2001 Real Estate Outlook for 2003 - December 2002 Eminent Domain - October 2001 Eminent Domain - October 2002 PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4002903, Expires August 31, 2005 Member - Appraisal Institute (MAI) The Appraisal Institute conducts a mandatory program of continuing education for its desigrated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under the Appraisal Institute education program through December 31, 2006. Member - Minnesota Shopping Center Association (MSCA) PROFESSIONAL EXPERIENCE Shentehon Company, Minneapolis, Minnesota Senior Vice President - Director of Real Estate, since November 2003; Shareholder Senior Vice President - Co -Director of Real Estate, September 2002-November 2003; Shareholder Vice President - Co -Director of Real Estate, April 2001-September 2002; Shareholder Appraiser/Analyst from June 1991 to March 2001 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate and intangible property rights. Assignments involve numerous types of commercial, multiple family, industrial, and special purpose properties. The specific purposes of these assignments have included highest and best use studies, mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals, gift tax, and allocation of purchase price. Court experience involves testifying at commission hearings and depositions, preparation of affidavits, and providing litigation support. AUTHOR/CO-AUTHOR OR GUEST SPEAKER OF: "Creative Opportunities in the Current Real Estate Market," Valuation Viewpoint, Summer 2OD4 "Business Components and the Valuation of Real Estate." Valuation Viewpoint, Winner 2004 "Challenging Issues in Commercial and Industrial Valuation," Commercial Real Estate Financing Conference, March 13, 2002 "Market Valuation & Appraisals," Minnesota Commercial Association of Realtors, January 22, 2002 "Fundamentals of Special Assessments in Appraisal," Valuation Viewpoint, Spring 1999 "A Perspective on Subdivision Appraisal," Valuation Viewpoint, Winter 1997 PARTIAL CLIENT LIST Allis Hospitals & Clinics City of Minnetonka Anthony OWund & Baer City of New Hope Associated Bank City of Roseville Barra Guzy & Steffen City of Shoreview Best Buy Corporation Crown Bank Blease Law Firm CSM Corporation Briggs & Morgan Faegre & Benson Builders Dev. & Finance Fredrikson & Byron Cargill H.U.D. City of Coon Rapids Homa & Michales City of Fagan Hennepin County Regional City of Minneapolis Railway Authority Hinshaw & Culbertson Internal Revenue Service Kelly & Fawcett Kraus -Anderson Leonard, Street & Demard Lindquist & Vennum Lundgren Brothers Construction Malkerson Gilliland & Martin Metropolitan Airports Commission Minnesota Department of Natural Resources (DNR) Oppenheimer, Wolff & Donnelly opus Group of Cos. Peterson, Frain & Bergman Rinke Noonan Robert Muir Co. Robins, Kaplan. Miller & Cirmi U.S. Fish & Wildlife Service United States Justice Department University of Minnesota University of St. somas Warchol, Berndt & Hajek Wells Fargo & Co. Williams Pipe Lire Company 21 ADDENDA • `+ .+ - IL • R .fir iA• "•�' A '�" 00 i. N'3 2200 .►. r' lip � + i >. So Feet 50 0 50 100 150 200 • • • LM • 7w 1H5 R bT A UE LY ISCOSE7 MT. 1N2 YM 6 A Cd1f Rf O..T AS ll[Y IR[.1p W MEE CKW <OJNtt R Im .S MY - .WU 0119t S1MK YM rs orym eE vYo rw p6ElRi.¢ � w caiWtt Me irz Acprz MZ bi RE�OM59E c(q /M' WAfaWlKS CMTMIED MFAEM. N 112 SEC. 13, T.116, R23 SEC _ W 'OND A �° J25.050001�0m AF ? P C yam/ TRACT B 25.0 22200 CFiA�A 6010a 7 q VVV > ADDITION �di jh w, a L m :A� ^ / 25.. 2300 ^( s ' a ='a 3• •, j G. ACT D !4 _ WTLOT A 7 p ' 0 25 <5Tf0' g o P p a.� 1� � 25.0136500 ssolseaa $ / pp,3 W A s >�'Cp/j% 25.0130500 - 25.01301Do / p%5ti� too FtA� VFJf C SS z t 14 0 a ar, a 25.0130700 OG � �sY ,°T 4 x i W155F � A Y E A ARE W g o f fy 5>p6 N 25.013wc0 fLA'�$ 25.0I3z000 W '>- piFg KA7A , ' P / I OOTIOT 3 Z CppSSAGAVS oora+ °' ZAM ppp 6 ` a�naT A dc� I 25.3451110 M� (� PLAZA ' pAFK \� \ aaoT a CFBP/3K w , e • ti ,> .. _ N AVO I �nGN YAL ✓P v A 9 \WE.,N" rp{/✓- � 1 , OUTLOLIa � KEg DU DT B \ , Az HANHASSEN TIC z C a A . 1 O 10 O m z ilJ 111�3 qY RE MO � '�,,yyJ LOT runs mJ urnxav0' AVOP �m o • V C, �" `o• u. goal/ A n Io PARK L cvnm.� � p ar vw / NN S MEANDER UNE OF LAVE SOSAN _ .,,g n 011 O Wr norEs' 1PER GOVENNMENT NOTES�7 Ny^� gop//•• L p0 Y A G E S Cai'---- Tdo 0——-- Is NOTE ROE MN/DOT MGIT OF WAY PLAT ALIGNMENTS (10-3 AND 10-4) _..V ,� ,� a DDOOOWQ�QQQ NOT MATCH 111E HIGHWAY ALIGNMENTS DEPICTED BY TIE % I \ ApOI�M {,: m \ PLATS Mib BORDER STATp MGNWAY NUMBER 5. N Of v , I Of _ I eFCON . r,n1TION of ��� J a . 2�� _. Surveying 6 Mapping Office Carver Plat System Services, Inc. Revised March 2004 � East FourtStreet Center Chaska MN 55318 filar� I �r LIMITED APPRAISAL SUMMARY REPORT Address Unassigned Vacant Land Parcel #25.5530010 Chanhassen, Minnesota October 12, 2004 LIMHED APPRAISAL SUMMARY REPORT Address Unassigned Vacant Land Parcel #25.5530010 Chanhassen, Minnesota October 12, 2004 04264-10 Copyright 0 2004 by Shenehon Company. All rights reserved. I November L, 2004 SHENEHON COMPANY BUSINESS & REAL ESTATE VALUATIONS Riley -Purgatory -Bluff Creek Watershed District c/o Krebsback Haik Mr. Paul Haik 225 South Sixth Street, Suite 4320 Minneapolis, Minnesota 55402 RE: LIMITED APPRAISAL - BEFORE AND AFTER A PROPOSED PERMANENT EASEMENT - SUMMARY REPORT OF THE PROPERTY LOCATED NORTH OF NORTH BAY DRIVE IN CHANHASSEN, MINNESOTA Dear Mr. Haik: • In accordance with your request, we have completed a limited appraisal of the above -referenced property. Our report is the result of a limited appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP) were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree there is departure from specific guidelines of • USPAP. This appraisal includes only the real estate and does not include any personal property, trade fixtures or intangible items that are not real property. This Summary Report is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary • Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this. report. • The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or ! highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement area to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 88 SOUTH TENTH STREET I SUITE 400 1 MINNEAPOLIS I MIN14ESOTA 15S403 i 612/333-6533 1 FAX: 612/344-1635 WWW.SHENEHON.COM I E-MAIL: VALUE@SHENEHON.COM i Mr. Paul Haik November 1, 2004 Page 2 Based on the limited appraisal investigation summarized herein, and the extraordinary assumptions outlined, our opinions of market value for the subject property, as of October 12, 2004, are: Market Value - Before Condition: $1,620,000 Market Value - After Condition: $1.595,000 Diminution in Market Value: $25>000 Plus: Temporary Easement Estimate: $5,000 Total Diminution in Value and Damages: $30,000 This appraisal does not include any personal property, fixtures, intangible items, and any other associated property that might exist which are not real property. It is our opinion that a reasonable exposure time of approximately 12 months is appropriate for the subject property at our estimated market values. Please refer to the Reasonable Exposure Time section of this appraisal for details. The values indicated have been estimated by means of generally accepted real estate valuation methods. Please contact us if you have any questions or comments. The undersigned appraisers certify that they have personally inspected the property and have investigated information believed to be pertinent to the valuation of the property, and to the best of their knowledge and belief the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. Sincerely, SHENEHON COMPANY Certified to this 1st day of November, 2004 Robert H. Brown Vice President License No. 4000646 Steph n osc , MAI Senior Vice President License No. 4002903 /sm CERTIFICATION I certify that, to the best of my knowledge and belief: 1. I have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. I have no present or prospective interest or bias in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved with this assignment. 4. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 0 5. I performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were approved and published by the Appraisal Standards Board of The Appraisal Foundation in 2004. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the letter of transmittal of this report, unless I have otherwise stated in the reconciliation section. 6. I have made a personal inspection of the property that is the subject of this report. 7. No one provided significant professional assistance to the person(s) signing this report. 8. As of the date of this report, Stephen T. Hosch has completed the requirements under the continuing education program of the Appraisal Institute. 40 9. This appraisal assignment was not based on a requested minimum valuation or specific valuation for approval of a loan. Appraisal fees are in no way contingent upon values concluded by the appraisal firm. 10. Shenehon Company and/or the appraisers of the subject property have previously prepared appraisal reports of various types of undeveloped land. Therefore, I have the knowledge and experience to meet the competency provision of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation. it. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. Robert H. Brown Is Vice President License No. 4000646 Stephen T. Hosch, MAI Senior Vice President License No. 4002903 Copyright C 2004 by Shewhon Company. All rights reserved. J CONTINGENT AND LIAMING CONDMONS The value estimates and conclusions in the appraisal are made subject to these assumptions and conditions: As agreed upon with the client prior to the preparation of this appraisal, this is aLimited Appraisal because it invokes the Departure Rule of the Uniform Standards of Professional Appraisal Practice. As such, information pertinent to the valuation has not been considered and/or the full valuation process has not been applied. Depending on the type and degree of limitations, the reliability of the value conclusion provided herein may be reduced. 2. This is a Summary Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated within. The appraiser is not responsible for unauthorized use of this report. 3. The property has been appraised as free and clear of all indebtedness, under responsible ownership and good management unless otherwise set forth in the appraisal. 4. No responsibility is assumed for title considerations. Title to the appraised property is assumed to be good and marketable unless otherwise stated in this report. 5. Information provided by others is believed to be reliable, but no warranty is given for its accuracy. The appraiser certifies that, to the best of his knowledge and belief, the statements, information, and materials contained within the appraisal report are correct. 6. No responsibility is assumed for matters which are legal in nature. The furnished legal description is assumed to be correct. Any improvements are assumed (without survey) to be located within the legally described property and in compliance with all ordinances. Unless noted otherwise in the report, we assumed any use of the land and any improvements are within the boundaries or property lines of the described property, and that there is no encroachment or trespass. 7. No analysis of soil conditions was required and none has been made. All value estimates in this report assume stable soil, and any necessary soil corrections are to be made at the seller's expense. 8. Any forecasts, projections, or operating estimates contained herein are based upon relevant market conditions, anticipated short-term supply and demand factors, and an assumed stable economy; and therefore are subject to change in future conditions. We assumed financing is available for typical purchasers of real estate in the subject's market in amounts similar to those indicated or implied in the appraisal report. 9. Surveys, plans or sketches may be provided in this report to assist the reader in visualizing the property and may not be complete or drawn exactly to scale. We [Wade no survey of the property and assume no responsibility for itsaccuracy. 10. The market value herein estimated is based on physical conditions which were evident at the time the property was inspected and may vary at a later date. Any proposed improvements are assumed to be completed in a good workmanlike manner and in accordance with submitted plans and specifications. 11. The appraiser herein shall not be required to prepare for or appear in court or before any board or governmental body by reason of the completion of this assignment without pre -determined arrangements and agreements. A Contingent and Limift Conditions - Continued 12. Information in the appraisal relating to comparable market data is more fully documented in the confidential file in the office of the appraiser. All studies and field notes will be secured in our files for future reference. 13. Compliance with all applicable zoning and use regulations and restrictions is assumed unless a nonconformity has been stated, defined, and considered in the appraisal report. Full compliance with all applicable federal, state, and local environmental regulations and laws is assumed unless noncompliance is stated, defined, and considered in the appraisal report. We assumed all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 14. The subject property is appraised in fee simple, assuming responsible ownership and management unless otherwise indicated. 15. The client agrees that the appraisal firm does not by performing the services rendered, assume, abridge, abrogate, or undertake to discharge any duty of client to any other entity. 16. Any use of the appraisal report, by the client, is conditioned upon payment of all fees in accordance with the agreed terms. 17. In consideration for performing the services rendered at the fee charged, the appraisal firm expressly limits its liability to five (5) times the amount of the fee paid or $100,000, whichever is less. The appraisal firm expressly disclaims liability as an insurer or guarantor. Any persons seeking greater protection from loss or damage than is provided for herein, should obtain appropriate insurance. The client shall indemnify and hold harmless the appraisal firm and its employees, against all claims by any third parry or any judgement for loss or damage relating to the performance or non-performance of any services by the appraisal firm. 18. Unless specifically brought to the appraiser's attention, the appraiser will assume that there are no hidden or unexpected conditions of the asset to be appraised, that would adversely affect or enhance the value. 19. In the future, if the appraisal film is compelled to produce documents or testify with regard to work performed, the client shall reimburse appraiser for all costs and expenses incurred. 20. In the event of a dispute involving interpretation or application of this agreement, the parties agree that this agreement shall be governed under the laws of the State of Minnesota. 21. Shenehon Company and/or the appraisers are not qualified to render expert opinions regarding structural issues, water damage, environmental assessments (such as mold), engineering/mechanical issues, ADA and/or building code compliance, land planting, architectural expertise or soil conditions. If requested, Shenehon Company will recommend qualified experts in these fields to assist the client and/or the appraisal process. 22. This appraisal report has been written for the intended use of counsel for the Riley -Purgatory -Bluff Creek Watershed District for eminent domain purposes. Possession of this report, or a copy thereof, does not carry with it the right of publication (either in whole or in part), nor may it be used for any purpose other than the one stated in the Letter of Transmittal and the Purpose of the Report, without the express, written consent of the appraiser and client. Authorized copies of this report will be signed in blue ink by the appraiser's). Unsigned copies or copies not signed in blue ink should be considered incomplete. All unauthorized or incomplete copies of this report should also be considered confidential, and as such, must be returned, in their entirety, to Shenehon Company. • • • 17, • w C • • • SUMMARY OF SALIENT DATA Date of Photograph: Type of Property: Location: Land Size: Zoning: Date of Inspection: Effective Date of Appraisal: Date of the Report: Property Rights Appraised: Total 2004 Real Estate Taxes: October 12, 2004 Undeveloped Land Parcel North of North Bay Drive, Chanhassen, MN f 30.11 acres; ± 15.06 acres usable High Density Residential District October 12, 2004 October 12, 2004 November 1, 2004 Fee simple $0.00; Tax exempt 0 Summary of Salient Data - Continued S Market Value - Before Condition: Market Value - After Condition: Diminution in Market Value: J • • u • El :7 LI Plus: Temporary Easement Estimate: Total Diminution in Value and Damages Reasonable Exposure Time: $1,620,000 $1.595.000 $25,000 111 Approximately 12 months • TABLE OF CONTENTS • item Paze No. Letter of Transmittal ........................................... I Certification ................................................ iii Contingent and Limiting Conditions ................................ iv Summary of Salient Data ........................................ vii • LocationMap ................................................ 1 Purpose of the Report ........................................... 2 Scope of the Appraisal .......................................... 2 Property Rights Appraised ........................................ 3 Market Value Definition ......................................... 4 • Location Description ........................................... 5 Property Description ........................................... 5 Highest and Best Use - Before Condition .............................. 6 Sales Comparison Approach to Value - Before Condition .................... 7 Preliminary Description of the Taking ................................ 14 • Description of Potential Damages .................................. 14 Highest and Best Use - After Condition .............................. 15 Sales Comparison Approach to Value - After Condition ................... 16 Temporary Easement .......................................... 18 Reasonable Exposure Time ...................................... 18 • Summary of Estimated Damages ................................... 18 Qualifications of the Appraisers ................................... 19 ADDENDA • Aerial Photograph ............................................ 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MwAE �Aw / LOCATION MAP Q 0 04264-10.wpd Sheoehoo Compaq 1 • PURPOSE OF THE REPORT The purpose of this report is to estimate the market value of the real estate both before and after a permanent easement taking for a watershed management basin. The function of this report is to estimate damages for budgetary use. SCOPE OF THE APPRAISAL Our appraisal analysis was limited in scope, but was based upon the generally accepted appraisal practices. Within our valuation analysis we completed the following functions and procedures. - Inspected the subject property and reviewed aerial photographs of the proposed taking; - Familiarized ourselves with the neighborhood, and analyzed the surrounding property trends; - Considered and reviewed the historical market taking into account stability and/or changes; - Completed highest and best use analyses in the before and after conditions for the subject property based upon our market research and analysis; - Researched comparable sales of similar land tracts and analyzed their applicability to the subject; - Developed an opinion of reasonable exposure time for the subject property to effect a sale at our estimated market value. Sources used in the appraisal process include data in our office library and archives, discussions with buyers and sellers; developers; and other real estate experts, including brokers and agents active in the Twin Cities real estate market. The limited nature of our engagement precluded the use of planning and civil engineering services to aid in physical and legal issues pertaining to the highest and best use before and after the taking. Therefore, extraordinary assumptions implicit in our conclusions include: (1) the property is legally conforming in the before and after conditions, with no change in utility of use and/or highest and best use after the taking; (2) no landscaping changes, improvements or costs will be required or incurred by the owner; and (3) a wetland delineation would determine the easement area to be located in an existing wetland area. If any of these extraordinary conditions are not met, our estimate of damages would likely increase and we reserve the right to amend our conclusions. 04264-10.wpd Sbembon Company 2 • • PROPERTY RIGHTS APPRAISED The subject real estate will be appraised by estimating the market value of the fee simple interest of the real estate. For use in this report, the market value of the fee simple interest in the real estate is subject to the following definition contained on Page 113 of The Dictionary of Real Estate Annraisal, Fourth Edition: A fee simple estate implies absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. 04264-10.wpd Shenehon Company MARKET VALUE DEFINITION Market value as utilized in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. • The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. The corresponding definition, as referenced on Page 211 in the Uniform Standards of Professional AWraisal Practice, 2004 Edition, has been agreed upon by agencies that regulate federal financial institutions in the United States and is provided below. The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what • they consider their best interests; a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. We have developed an opinion of reasonable exposure time within this appraisal. Please refer to that section of the report for details. DATE OF VALUATION Because the taking is proposed, the effective date of valuation is in the near future and our effective date of valuation is October 12, 2004. The date of inspection was October 12, 2004. The date of the report is November 1, 2004. 04264-10.%pd Shenehon Compay 4 • LOCATION DESCRIPTION • Chanhassen is a small, but growing, city in northeastern Carver County, approximately 21 miles southwest of downtown Minneapolis. Chanhassen's primary transportation with the remainder of the metropolitan area is the east/west-oriented State Highway #5. Currently four lanes in width from Chanhassen, State Highway #5 connects with Interstate #494 about 4.5 miles east of the city limits. Chanhassen was a village of only 244 people in 1960. However, by 2000, the population had grown to 20,321, according to the U.S. Census, and is expected to increase to 24,900 by the • year 2010. In 1976, less than 1 % of Chanhassen's 704 acres of commercially zoned land was developed. Through aggressive work by the city's Housing and Redevelopment Agency and the creation of the 330-acre Chanhassen Lakes Business Park, that figure was closer to 40% by 1988, and currently • about 60% of that land has been developed. The increased assessed valuation and the tax increment dollars gave Chanhassen the financial strength to redevelop the downtown area north of State Highway #5. Currently, the city has just over 281 acres of land to be developed for commercial, industrial, or office uses. • The subject neighborhood is located in the extreme east -central section of Chanhassen near the intersection of Lakeview Road East and North Bay Day. The immediate neighborhood is a mixture of agricultural and residential development. Access to the neighborhood is Lyman Boulevard, a primary collector street in this portion of the city. The Bear Path residential and golf community in Eden Prairie is located a short distance west of the neighborhood. Overall, the area and neighborhood characteristics exert a positive influence on the value of the subject. PROPERTY DESCRIPTION • The subject parcel is a rectangular ±30.11-acre parcel which appears to be approximately 50% wetlands and the balance mostly wooded based on an examination of an aerial photograph of the site with a Carver County GIS overlay. Site topography is generally flat to rolling and no portion is located in a FEMA-identified special flood hazard area. Chanhassen has zoned the property as R-12, a high density residential district. No known easements exist over the site to our • knowledge; however, an electric power line appears to traverse along the south boundary of the property. The subject is legally described as Outlot A, North Bay, Carver County, Minnesota and has a tax identification number 25.5530010. The city of Chanhassen acquired the subject in 1996 for highway corridor use when Highway #312 is extended. According to the public records, title to the subject property has not changed in the past three years. No current listings, options, or agreements of sale of the subject property were discovered in the course of this analysis. N264-10.WN Shenehon Company HIGHEST AND BEST USE - BEFORE CONDITION The highest and best use of the subject real estate as it will be regarded in this report will conform to the following definition found on Page 305 of The Appraisal of Real Estate, 12th Edition: Highest and best use is the reasonably probable and legal use of vacant land or an improved property, which is physically possible, legally permissible, appropriately supported, financially feasible, and that results in the highest value. Highest and Best Use of the Land as Though Vacant The subject is a t30.11-acre parcel accessed from Lake View Drive via Lyman Boulevard. About 15.06 acres appear to be usable and heavily wooded, with the balance appearing to be low areas near Rice Marsh Lake. Current zoning fosters multiple family dwellings, townhouse, and park uses. A residential development is considered the most financially feasible use of the site. The -physical, legal, and economic factors impacting the site suggest a residential development of the property to be its highest and best use. 04264-10.wpd Shen hw Compagv • SALES COMPARISON APPROACH TO VALUE - BEFORE CONDITION • The sales comparison approach to value is defined as: A set of procedures in which a value indication is derived by comparing the property being appraised to similar properties that have been sold recently, then applying appropriate units of comparison and making adjustments to the sale prices of the comparables based on the elements of comparison. The sales comparison approach may be used to value improved properties, vacant land, or land being • considered as though vacant; it is the most common and preferred method of land valuation when an adequate supply of comparable sales are available. (The Dictionary of Real Estate Aonraisal Fourth Edition, Page 255.) The major premise within this approach is that the market value of the subject property is directly related to the prices of comparable, competitive properties. Furthermore, this valuation method • not only assumes that both buyer and seller are fully informed about the property, but also that both have general knowledge of the market for that type of property and that the property has been exposed in the open market for a reasonable time. Selection of properties similar to the subject in type and class and which have sold recently in the • same or competing areas facilitates a credible comparable sales analysis. When combined with the application of appropriate elements of comparison and reasoned adjustments, a reliable value estimate can be derived. The analytical process used to determine the degree of comparability between two properties involves judgment as to similarity between many possible value factors, for example; property rights conveyed, financing terms, date of sale, location, physical • characteristics, and economic characteristics. The sale prices of properties deemed most comparable to'the subject property tend to set the value range for the subject property. The comparative analysis and adjustment process refines the value range indication and suggests a probable price at which the subject property might exchange between a willing seller and willing buyer on the valuation date. • The data considered in the application of the adjustment process will vary with the type of property to be appraised. However, four categories of data are basic and apply regardless of property type. They are: • 1. Sale prices of properties comparable to the property to be appraised. 2. Conditions, market and transaction specific, which influenced sale price. 3. Location of each property. 4. Physical characteristics of each property. Consistent with the conclusion reached in the highest and best use analysis of the subject property, comparable property sales in comparable locations were researched and analyzed. We believe the sales summarized in our sales comparison approach are the best available indicators of value for the subject property with respect to important elements of comparison. The comparable market data suggests that the best unit of comparison for the subject real estate should be sale price per acre or square foot. • 04264-10.u?d Renedon Company 7 0 • Sales Comparison Approach to Value - Before Condition - Continued Land Analysis • In the valuation of land, one must consider that the supply of land is relatively stable. In addition, land has value because it has a specific use and is in demand. Appraisal principles which are inherent in the valuation of land and land value include anticipation, supply and demand, substitution, and balance. These principles basically indicate that a prudent investor when • purchasing a site considers not only the site itself, but also the existing market, competition and potential uses for the future. There are six different methods for the appraiser to analyze the value of a site, including sales comparison, allocation, extraction, subdivision development, land residual, and ground rent • capitalization. Depending upon the type of land to be appraised and the existing market conditions, one or more of these methods may be applicable for the valuation process. For this appraisal, we have utilized the sales comparison method, which is defined as follows: Sales of similar, vacant parcels are analyzed, compared, and adjusted to provide a value • indication for the land being appraised. Typically, the most reliable way to estimate land value is by sales comparison. C7 • • • • 04264-10.WN Shenehon Compagv 0 Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued • We researched and analyzed land sales which are comparable to the subject property and, as a result, have formed an opinion of market value for the site. Our land value estimate for the subject assumes that any levied or pending special assessments are paid in full. • Comparable real estate transactions which were useful in estimating this land value are individually described below. 7 J • COMPARABLE LAND SALES FACT CHART Sale Acres Sale Price/ Sale Intended Sale Total/ Price/ Usable No. Location Use Date Usable Zoning Acre Acre 1. 17355 Pioneer Trail Multi- 6/01 22.99 Rural $126,359 $126,359 Eden Prairie, MN family 2. xxxx Spring Road Mixed 3/02 28.45 RM-6.5 $131,810 $131,810 Eden Prairie, MN Residential R1-9.5 3. 9735-10127 Eden Prairie Road Clustered 2/02 67.70 Rural $64,992 $129,984 Eden Prairie, MN Residential 4. SEC Pioneer Trail & Multi- 5100 39.60/ Ag $83,651 $83,651 Hundertmark Road family 39.60 Chaska, MN Sub- Outlot A North Bay Highway 10/04 +30.11 R-12 - ject -Chanhassen, MN - Corridor (Date of / Taking) -' ±15.06 The listed sales have been compared to the subject for items of difference, including variances for • time of sale, size, access/traffic exposure, general location, etc. A description of the adjustments made to the comparable sales, a location map, and a chart demonstrating our analysis in the adjustment process are provided on the following pages. • 04264-10.wpd Shenehon Compzny 0 Sales Comparison Approach to Value - Before Condition - Continued Land Analysis - Continued Adjustments 1. Real Property Rights Conveyed - Fee simple estate was conveyed in each of the • comparable sales, therefore no adjustments were necessary under this category. • Financine - is considered within the adjustment process in order to reflect only the value of the real estate and not the value of any favorable or unfavorable financing which is not directly related to the value of the real estate itself. Each of the comparable sales cited is at market financing term and no adjustments for financing were made. Conditions of Sale - considers various types of extenuating circumstances such as buyer or seller motivations and opinions at the time of sale which may have impacted the sale price. No undue motivations or conditions are known to have impacted any of the comparable sales, and no adjustments were made for conditions of sale. 4. Time - is included within the adjustment process for the purpose of considering any changes within the market (either positive, negative, or stable) due to the passage of time, and differences in buyers'/sellers' attitudes toward the real estate market in general. For this appraisal, we have used a time adjustment rate of 5.0% per year to reflect increasing residential values in the southwest metropolitan area. Physical Characteristics • Location - considers the immediate land uses surrounding the subject property and their relative desirability in comparison to the subject's location. This category also considers convenience of access and the amount of visibility/identity that a comparable possesses in relation to the subject property. Sales #1 through #3 were adjusted downward for Eden Prairie influences which exert upward pressure on residential values. Sale #4 is located in Chaska, more distant from the metropolitan core, and was adjusted upward slightly for inferior overall location. • Zoninz - considers differences in allowable development opportunities compared with the subject property. Development density, restrictions, requirements and allowable uses impact the amount a buyer is willing to pay for a specific site. Each of the comparable sales allowed multiple -family development or a mix of residential development and now adjustments were trade for zoning. • Size - this adjustment is important particularly when significant differences arise in size between the subject and a comparable sale. The general tendency of the market is to pay higher unit prices for smaller parcels than for larger ones in most suburban locations. No size adjustments were considered necessary. 04_164-10.wpd newton Company 10 Sales Comparison Approach to Value - Before Condition - Continued . Land Analysis - Continued Adiustments - Continued 5. Physical Characteristics - Continued Shane - considers the suitability of a parcel's shape compared with the subject. The market tends to pay less for an irregular -shaped tract than for a regular -shaped parcel. This is because often times irregular -shaped parcels are more difficult and costlier to develop. No shape adjustments are necessary in this analysis. Topography/Soils - Severe slopes and poor soils can force inefficient land plans and increased development costs compared to level parcels with stable soils. Our analysis is based on usable areas; however, the usable area of the subject is mostly wooded, which increases development costs. We adjusted each of the comparable sales downward for superior terrain compared to the subject. w • Utilities - Availability of common utilities such as water, sewer, electricity, natural gas, and communications cable impact the price a buyer will pay for land. Parcels lacking one of these services will typically be discounted to compensate for attaining the service or a suitable replacement. Utility services are available to the subject and each of the i comparable sales, and no adjustments are necessary for utilities. C7 r • • • Other - Considers any other differences between the subject and a comparable sale which might require sale price adjustments and are not already addressed by a prior category. 04264-10.wpd Sbenebon Company 11 • orewuuv RD F �H�f, r •.,: _ J ' ley O —� w� �Holl-- 'rT i _ r S� ChrGt' s Q�T for G.C. ^ Le • (T ¢'Q rMinnetonko \ $2 Laf.+¢ SIB Z Q 'Ecec.9 ® - - (okt. y_ "' C.C. _IJwoin S� YLakt > __ — 62 - .. _ i- p:. - 6200 Br ant Lake yth: yima =eke a , a-' TOWN LINE RD �P 4 - I , o r iE Min Fzakesh v Lake . •1 Lotus \F CC r Regional 117 m Lake Q "Par' epgio�ai o Lucy to ) ) _ Duck Lake • ' . > : � 3 �, Lake Be t Eder w rairic Inn to v 40 o ; 101 z Ge luL oo a l3gcnt • kd Q1r� ? ° Round wVALLE SEW 9Q CO © Lakc>' 0- — 17 `. i Lake /- Lake /, 4 60 ' 39 RE7(/M C4 Ann n cny Hau `_ — IMinnesota Landscape BLVD 19 Ct�a -h en t---� [ 3t - �,! Hall Q Arborotum __ p Lake RiceklarshMitchell ')Z;-. ¢9 D• 12;r.:�� • — `, \ A ---�5 Z Masan Lake -. SCENIC H0 SRD y�F F�'C- AC�•f 17 akz v Red 9 Epp 0 o yy�� Beor ash R k II o ' 'RT r Gaff& p,'\ ke s6oD vN OQ(A�S F 18 J 1 La..2 Country Club :0 '--'�f r Chaska Q - G Golf Course fatelline Ri _ o I 8v o 9'9i I ke ` 11 LYMAN BLVD '� '^EER y�P std .. ei I o NMI • t Chas j� J p S� 9400 4 7ech Lek, ao a R Hauhisse � cc Firing 1 to Town NuNenal d _ _- _ - Cgtjlll� 0u4 ------- Course oA' ¢�� �.--� 14 -----� - Golf park QQ\a Airport `� FFq Bluff Creak l `QUO DRO 0 !< Golf Couna Ci :-1 to- v • �99 v F� r G ss- �.9 w �i)15 I€ La �`:o e La. 111 U 10 01 Lake ! - / A"oValeY f%BCn�fukcaENGLER BLVD xoo_101 q1 r _ _ Parkes RE/ V' 6 to Q( City Half _Regional Ps, 600I O � jr Strunk �6Shok cc 16 Canterbury gCourt 1 - -Lake �Shakop<e W aSka Hal `ho\e ' % U) U C3 169 Z wp _ < o a i Shakopee %Q to Dean • Ch skc •— j = W ¢ st F ancrsUOo FA Lake 40 L�k�,f i o� TWs ! n w ¢ 0 ® edCtr .ry r �'�' Gi rd I oc p a„ to ¢ EK g v all g� !' Lake tO 77 $ Z < iVD —.- �� Y 130 H ST W z sto brooks - �---- Pike` • ,. U 73 1. ��'Go Club i--- • COMPARABLE LAND SALES MAP Q 0 04264-10.wpd Sbeneban Company 12 L] Sales Comparison Approach to Value - Before Condition - Continued • Land Analvsis - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale k1 Sale #2 Sale #3 Sale #4 Sale Price Per Usable Acre $126,359 $131,810 $129,984 $83,651 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price r Acre $126,359 $131,810 $129,994 $83,651 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price per Acre $126,359 $131,810 $129,984 $83,651 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per Acre $126,359 $131,810 $129,984 $83,651 4. Date of Sale Adjustment 16.7% 12.9% 13.3% 22.1% Adjusted Price per Acre $147,461 $148,813 $147,272 $102,138 5. Location and Physical Location -15% -15% -15% 5% Zoning 0% 0% 0% 0% Size 0% 0% 0% 0% Shape 0% 0% 0% 0% Topography/Soils -10% -10% -10% -10% Utilities 0% 0% 0% 0% Other 0% 0% 0% 1 0% 25% -25% -25% -5% Adjustment Adjusted Price r Acre $110.596 $111.610 $110,454 S97.031 Indicated Subject Unit Value $110,596 $111,610 $110,454 $97,031 Indicated Value Range $97,031 to $111,610 Indicated Mean Value $107,423 Before adjustments for differences, the aforementioned sales indicate a range of $83,651 per usable acre to $131,810 per usable acre for the subject land. After adjustments, these sales indicate a range of approximately $97,000 per usable acre to $112,000 per usable acre. Each of the sales is considered a valid indicator of unit value for the subject and was given generally equal weight in our analysis. After reconciling the adjustment process, it is our opinion that the subject land has a market value of approximately $107,500 per acre. 15.06 acres Q $107,500/usable acre $1,618,950 Rounded to: $1,620,000 • 04264-10.wpd Sheme6on Company 13 PRELIDIINARY DESCRIPTION OF THE TAKING A legal description of the taking was not provided. The ultimate size and shape of the permanent easement taking will be determined by a process which will accommodate the wishes of the property owner if possible. An aerial view was provided with the approximate location and scale of the proposed easement taking depicted on the subject property. Permanent Easement In this instance, the easement will encumber an area near the right-of-way for a future extension of Highway #312. The easement area measures approximately 10,000 square feet. Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. The size and duration of the temporary easement is unknown on the date of valuation. DESCRIPTION OF POTENTIAL DAMAGES Permanent Easement The most obvious source of damage is the permanent easement taking which will encumber land area 10,000 square feet of land unencumbered in the before condition. An aerial view depicting the proposed location and size of the permanent easement indicates the impact on the overall use of the property will likely be minor and its effect does not result in a change in the highest and best use. While the highest and best use does not change, this does not mean that a permanent easement has no impact on property value because a permanent easement takes away property rights from the fee owner. In the after situation, the fee owner loses flexibility in a development plan because he cannot place improvements on the portion encumbered or add capacity to the pond to accommodate new development. The potential exists that land suitable for improvements might have to be used for pond purposes when ponds could otherwise have been located where the permanent easement will be located. Consequently, we view the permanent easement as analogous to, but slightly less than a fee taking. 04264-10.wpd Shenehon Compaqv 14 Description of Potential Damages - Continued Temporary Easement Temporary easements for right -of -entry will be necessary for excavation and restoration activities. Excavation would likely take no longer than one month during the winter season, followed by restoration activities when the growing season began, suggesting a maximum duration of less than one year will be necessary. The size and duration of the temporary easement is unknown on the date of valuation and therefore the magnitude of damages due to a temporary easement is indeterminable. However based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is defined. • HIGHEST AND BEST USE - AFTER CONDITION • Highest and Best Use of the Land as Though Vacant The permanent easement taking does not affect the size, access or exposure of the subject land parcel. The taking does affect the flexibility of development because the easement fixes the location of a drainage pond and uses drainage capacity that otherwise might be used by an owner in developing the property. Current zoning allows townhouses, multiple family residential and public uses of the property and is not anticipated to change into the foreseeable future. The physical, legal, and economic factors impacting the site suggest a residential development of the property as market conditions warrant. 04264-10.wpd Shenehon Company 15 C • • • • • SALES COMPARISON APPROACH TO VALUE - AFTER CONDITION Comparable land sales useful for estimating market value for the subject in the after condition are the same sales used for estimating market value in the after condition and are summarized below. 11 COMPARABLE LAND SALES FACT CHART 11 Sale No. Location 1. 17355 Pioneer Trail Eden Prairie, MN 2. xxxx Spring Road Eden Prairie, MN 3. 9735-10127 Eden Prairie Road Eden Prairie, MN 4. SEC Pioneer Trail & Hundertmark Road Chaska, MN Sub- Outlot A North Bay ject Chanhassen, MN Intended Sale Use Date Multi- family Mixed Residential Clustered Residential Multi- family Highway Corridor 6/01 3/02 2/02 Sale Acres Sale Price/ Total/ Price/ Usable Usable Zoning Acre Acre 22.99 Rural $126,359 $126,359 28.45 RM-6.5 $131,810 $131,810 R1-9.5 67.70 Rural $64,992 $129,984 5100 39.60/ Ag $83,651 $83,651 39.60 10/04 ±30.11 R-12 — (Date of / Taking) +15.06 The adjustments to these comparable sales are identical to those made and explained in the before • condition, except that reduced flexibility in land use caused by the easement encumbrance are considered within the "other" category. Although a permanent easement over land is not a fee taking, it removes a portion of the rights inherent in fee ownership of real estate. The easement will localize the drainage basin on the subject property and will not allow it to be moved or added to, even if a future highest and best use of the property would benefit from relocating it. • • • 04264-10.wpd Shembon Company 16 0 • :7 • • • • Sales Comparison Approach to Value - After Condition - Continued COMPARABLE LAND SALES ADJUSTMENT CHART Sale #1 Sale #2 Sale #3 Sale #4 Sale Price Per Acre $126,359 $131,810 $129,984 $83,651 1. Property Rights Conveyed Adjustment 0% 0% 0% 0% Adjusted Price per Acre $126,359 $131,810 $129,984 $83,651 2. Financing Terms Adjustment 0% 0% 0% 0% Adjusted Price per Acre $126,359 $131,810 $129,984 S83,651 3. Conditions of Sale Adjustment 0% 0% 0% 0% Adjusted Price per Acre $126,359 $131,810 $129,994 $83,651 4. Date of Sale Adjustment 16.7% 12.9% 13.3% 22.1% Adjusted Price per Acre $147,461 $148,813 $147,272 $102,138 5. Location and Physical Location -15% -15% -15% 5% Zoning 0% 0% 0% 0% Size 0% 0% 0% 0% Shape 0% 0% 0% 0% Topography/Soils -10% -10% -10% -10% Utilities 0% 0% 0% 0% Other -1 % -26% -26% -26% -6% Adjustment Adjusted Price per Acre $109.121 $110 122 $108.981 $96 010 Indicated Subject Unit Value $109,121 $110,122 $108,981 $96,010 Indicated Value Range $96,010 to $110,122 Indicated Mean Value $106,058 • Before adjustments for differences, the aforementioned sales indicate a range of $83,651 per usable acre to $131,810 per usable acre for the subject land. After adjustments, these sales indicate a range of approximately $96,000 per usable acre to $110,000 per usable acre. Each of the sales is considered a valid indicator of unit value for the subject and was given generally equal weight in our analysis. After reconciling the adjustment process, it is our opinion that the subject • land has a market value of approximately $106,000 per acre in the after condition. 15.06 usable acres @ $106,000/acre $1,596,360 Rounded to: $1,595,000 • 04264-10.w?d Shenehon Company 17 0 TEMPORARY EASEMENT In effect, a temporary easement is like a short-term lease where the land is used for a period of • time and then control is returned to the owner. Thus, the value of the temporary easement is calculated on the basis of fair market rent for the land. Ground leases generally range from 8`7o to 12% of the land's value per year, with the average being about 10% of the land's value on an annual basis. • Temporary easement damages are indeterminable because the area to be encumbered and the duration necessary for construction and restoration activities are not known. However based on our observations of the marketplace, we recommend that a budget in an amount of approximately $5,000 be set aside to offset the potential for temporary easement damages. Shenehon Company reserves the right to amend this estimate once the size and duration of the temporary easement is • defined. REASONABLE EXPOSURE TIME • A reasonable exposure time of less than 12 months is appropriate for the subject property at our estimated market values. SUMMARY OF ESTIMATED DAMAGES Market Value - Before Condition: Market Value - After Condition: Diminution in Market Value: • Plus: Temporary Easement Estimate: Total Diminution in Value and Damages • • $1,620,000 $1 595.000 $25,000 $5,000 04264-10. Wyd Shenabon Company 18 u • QUALIFICATIONS OF ROBERT H. BROWN BIOGRAPHICAL DATA AND EDUCATION Bom in Grand Rapids, Minnesota. Graduated from Northland High School in Remer, Minnesota. Bachelor of Science Degree, Beuddji State University, Bemidji, Minnesota, in Mathematics and Psychology. Real Estate Appraisal Principles Capitalization Theory B Basic Valuation Procedures Standards of Professional Practice Capitalization Theory A Case Studies in Real Estate Valuation • Easement Valuation PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Senior Member, American Society of Appraisers A.S.A. Designation - Machinery and Equipment President, Local Chapter 1992-1993 Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4000646, Expires August 31, 2006 Shenehon Company, Minneapolis, Minnesota Vice President since September 2002 Senior Appraiser, April 1993 - September 2002 American Appraisal Associates, Minneapolis, Minnesota • Senior/Staff Appraiser from September 1978 to March 1993 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate, business enterprises, and intangible property rights. Appraisal assignments have involved numerous types of cotnmercial, multiple family, industrial, and special purpose properties. These assignments have included mortgage financing, condemnation, tax abatement proceedings, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, allocation of purchase price, and insurance • indemnification. Has testified in district court and commissioners' hearings regarding valuation issues. PARTIAL CLIENT LIST American Realty Advisors Fredrikson & Byron Novartis Bremer Bank GE Credit Corporation Opus Corporation • Boston Scientific/SciMed HealthEast Property Reserve, Inc. Brookfield Properties (US) LLC Hillcrest Development Prudential Insurance Carlson Companies Hinshaw At Culbertson Robins, Kaplan, Miller & Ciresi Cargill Hoyt Properties, Inc. St. Paul Properties Caterpillar H.U.D. Silicon Graphics CB Richard Ellis Internal Revenue Service Smith Gendler Shiell Sheff Ford & Maher Citicorp Katun Corporation The Thymes Limited City of Bloomington Kraus Anderson Union Labor life Insurance Company • City of Chaska Leonard, Street & Deinard UmtedHealth Group City of Fridley Lindquist & Vemrum United Properties City of New Hope Lutheran Brotherhood U.S. Postal Service City of St. Paul McGough Concoction University of Minnesota CSM Corporation Metropolitan Airports Commission University of St. Thomas Dorsey & Whitney Minnesota Public Radio Dept of Veterans Affairs Faegre & Benson Moss & Barnen W.D. Schock Frauenshuh Companies NorthMarq Capital Wells Fargo r. u 19 :7 QUALIFICATIONS OF STEPHEN T. HOSCH BIOGRAPHICAL DATA AND EDUCATION Born and raised in Columbia Heights, Minnesota, and graduated from Columbia Heights High School. Attended St. Cloud State University and graduated with a bachelor of science degree in real estate with an emphasis in appraisal. • Successfully completed numerous real estate appraisal courses offered by the Appraisal Institute, and have attended several seminars covering specialized appraisal topics, some of which are highlighted below: Mortgage Foreclosures in Minnesota - March 2004 Commercial Real Estate Financing - March 2002 Real Estate Outlook for 2004 - December 2003 2nd Annual RERC Industry Outlook - January 2002 Legal Issues in Valuation - March 2003 Real Estate Outlook 2002 - December 2001 Real Estate Outlook for 2003 - December 2002 Eminent Domain - October 2001 • Eminent Domain - October 2002 PROFESSIONAL OUALIFICATIONS OR ASSOCIATIONS Certified General Real Property Appraiser Licensed Appraiser - State of Minnesota, License #4002903, Expires August 31, 2005 Member - Appraisal Institute (MAI) • The Appraisal Institute conducts a mandatory program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am currently certified under the Appraisal Institute education program through December 31, 2006. Member - Minnesota Shopping Center Association (MSCA) PROFESSIONAL EXPERIENCE • Shenehon Comparry, Minneapolis, Minnesota Senior Vice President - Director of Real Estate, since November 2003; Shareholder Senior Vice President - Co -Director of Real Estate, September 2002-November 2003; Shareholder Vice President - Co -Director of Real Estate, April 2001-September 2002; Shareholder Appraiser/Analyst from June 1991 to March 2001 Duties and Responsibilities: Prepare professional valuations and market analysis of real estate and intangible property rights. • Assignments involve numerous types of commercial, multiple family, industrial, and special purpose properties. The specific purposes of these assignments have included highest and best use studies, mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analyses, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals, gift tax, and allocation of purchase price. Court experience involves testifying at commission hearings and depositions, preparation of affidavits, and providing litigation suppon. • AUTHOR/CO-AUTHOR OR GUEST SPEAKER OF: "Creative Opportunities in the Current Real Estate Market," Valuation Viewpoint, Summer 2004 "Business Components and the Valuation of Real Estate." Valuation Viewpoint, Winter 2004 "Challenging Issues in Commercial and Industrial Valuation," Commercial Real Estate Financing Conference, March 13, 2002 "Market Valuation & Appraisals," Minnesota Commercial Association of Realtors, January 22, 2002 "Fundamentals of Special Assessments in Appraisal," Valuation Viewpoint, Spring 1999 • "A Perspective on Subdivision Appraisal," Valuation Viewpoint, Winter 1997 PARTIAL CLIENT LIST Allina Hospitals & Clinics City of Minnetonka Hinshaw & Culbertson Opus Group of Cos. Anthony Osdund & Baer City of New Hope Internal Revenue Service Peterson, Fran & Bergman Associated Bahr City of Roseville Kelly & Fawcett Rinke Noonan Barra Gury & Steffen City of Shoreview Kraus -Anderson Robert Muir Co. • Best Buy Corporation Crowo Bank Leonard, Sneer & Deinard Robins, Kaplan. Miller & Cirmi Blease law Firm CSM Corporation Lindquist & Vennum U.S. Fish & Wildlife Service Briggs & Morgan Faegre & Benson Luudgrm Brothers Construction United States Justice Department Builders Dev. & Finance Fredrikson & Byron Malkerson Gilliland & Martin University of Minnesota Cargill H.U.D. Metropolitan Airports Commission University of St. Thomas City of Coon Rapids He= & Michalm Minnesota Department of Warcbol, Berndt & Hajek City of Eagan Hennepin County Regional Natural Resources (DNR) Wells Fargo & Co. City of Minneapolis Railway Authority Oppenheimer, Wolff & Donnelly Williams Pipe Line Company 20 ADDENDA • LM • • • :M 7 YNS 15 NOT A IEc.1LLT IiF 03 MT. T6 YAP IS A CpRlATOH OF RECObS AS YNTY >rPcw w 111E cwvEn cwxrc OFPCES NO OREi XVpCEs 14S YAP 4 IX1LT N BE AtD EW RFERe•2 RIBQYS RE CdWTY AM In A^.i}I15 ARE NOT 1®p9aE FM .WY mACaWAOEs [ON'A , 00.. S 112 SEC. 13, T.116, H.23 LUI ARK A I� ���° eIRLOF.1 q�,� S MEANDER LINE OF LAKE SUSAN 2 a WES COyERNMENT NOTE52 ON VILLAGES �' N CJ✓� �- -- --- oIs Is NOTE: TF{E NN/DOT RIGHT OF WAY PUT ALIGNMENTS (10-} AND 10-4) \ _,•pf! �' m n N >m •• 0 NOT MATCH THE HIQ WAY AUGNMENi DEPICTED BY THE PUTS WHICH BORDER STA HNOMOT NWAY NUMBER 5. N I a 1 a SECO ADpIrloN o \\ a B Zoo Z .. \ 2AKE8 — ovn.oT—�y.�SS — � — pnw LL 7 z V r I E C• OF 1y - p r A _ I O � z -' _.._ .� Q� o NEANOER LINE OF LAKE SUSAN I / G \ " Q I V N PER GOVERNMENT NOTES \ 1 ,` ��� I �'•'�" a � , 7 aunor e VV 5 A N o Esw� R i I ssmissBB ti ,pyq�l2 Z o _ 00 N � U A C$ �� VO • > r � y '� n o w �� � Gr('� '• 3 • s _ 0 LAW m s a y � —•v-� , n 2 p24240C n 1IIIII 25-0242420, 25.0231610 ' : U T L O T — „ R- � N N � z o. w Z Z . Q I0 R ?dip 0 ^� 25.0240100 >! O Y]r �I Mboll PL � surveying 6 Mapping Carver Plat System Services, Inc. Revised March 2004 600 East FrwhrthGstreet Chaska MN 65318 LM 0 • LM iN5 6 X . LG.LLl'/ MEL7`.q.'f➢ RAT. Tl5 YM 6 ,CAN a 6 NE01E15 AS MEY ,PPFM M E C.Vt`ga CgINtt ME 11O 0111ER SNRLES 116 YI.P IsbAaWS IS T TO E VYp ipl RTJieIQ RIRIOSS ME CQpIY IM 1}5 .ma15 YS HOT RE4O19T GM .wY •COlR.V7E5 01L.NED MEAEIK Oa O o O n S n n ., t25 25.0242420 �e-Y o�kti u , ti5 a 25.0242410 a , 25.0242410 5-0231600 �q I v' 25.0242900 I _ G O p • e ° ; ess H • � 25-5300400 R23 1h�e Pam,° I U 1g. N 25.0240100 z zs.oz4z oo • AY `• 25.0242400 iz N y N 25.0242401 I Nou N OV iLOi N C 41 N O I Z Z OUT 0Ta OAK 0 I AD°�r10 N o4 00 P\ dl O n p W a a 0T un '• ` F gA WTIOT c_ '= WROT m i A K E s 25.02,2200 r O 25.0242413 A 3 I N • \ M020 R/ 25l 900 0 p' l G 9 L D' 4 Ov. t Surveying & Mapping Office Plat System Services, Inc. Revised September 2002 Carve, County Gov. center 600 East Fourth Street 'Chaska MN 55318