HomeMy WebLinkAbout05(D) - Approve plans and specifications and ratify the advertisement for bids for the Downtown South Reconstruction Project (2020-11) ReportRESOLUTION 22-_____
CITY OF PRIOR LAKE LIMITED USE PERMIT
WITH THE STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
FOR A NON-MOTORIZED RECRETIONAL TRAIL IN THE RIGHT- OF-WAY OF
TRUNK HIGHWAY 13 AT PLEASANT STREET SE
Motion By:
Second By:
WHEREAS,
The City of Prior Lake is a political subdivision, organized and existing under the laws of the State of Minnesota; and,
WHEREAS,
The City Council of the City of Prior Lake has approved a plan to construct a non-motorized recreational trail in the right-of way of Trunk Highway 13 to promote the orderly and safe
crossing of the highway; and,
WHEREAS,
The State of Minnesota, Department of Transportation requires a Limited Use Permit for the construction and utilization of said pedestrian trail.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA hereby enters into a Limited Use Permit with the State of Minnesota, Department of Transportation for the
following purposes:
To construct, operate and maintain a non-motorized recreational trail within the right- of way of Trunk Highway 13 of the State of Minnesota at Pleasant Street SE. The City of Prior
Lake shall construct, operate, and maintain said trail in accordance with the Limited Use Permit granted by the Minnesota Department of Transportation.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments to the Permit.
Passed and adopted by the Prior Lake City Council this 3rd day of January 2022.
VOTE
Briggs
Thompson
Burkart
Braid
Churchill
Aye
☐☐
☐☐
☐Nay☐☐☐
☐☐
Abstain☐☐☐☐☐
Absent☐
☐☐
☐☐
______________________________
Jason Wedel, City Manager
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of the City of Prior Lake at an authorized meeting held on the 3rd
day of January, 2022, as shown by the minutes of the meeting in my possession.
(Signature)
(Type or Print Name)
(Title)
RESOLUTION 22-001
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND RATIFYING THE ADVERTISEMENT FOR BIDS FOR THE DOWNTOWN SOUTH RECONSTRUCTION PROJECT
(2020-11)
Motion By:
Second By:
WHEREAS,
Pursuant to Resolution 21-066, adopted on May 3, 2021, the City’s consultant Bolton Menk has prepared plans and specifications for the Downtown South Reconstruction Project (2020-11).
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows:
The recitals set forth above are incorporated herein.
The plans and specifications, a copy of which is attached hereto and incorporated by reference herein, are hereby approved.
The City Engineer shall prepare and cause to be inserted in the official newspaper of the City and on QuestCDN an advertisement for bids for the making of the improvement pursuant to
the attached plans and specifications. The advertisement shall be published not less than 21 days prior to the bid opening, shall specify the work to be done, and shall state that the
bids will be received by the City of Prior Lake at which time the bids will be publicly read virtually through Microsoft Teams. Bids will then be tabulated and will be considered by
the Council. No bids will be considered unless filed before the deadline through QuestCDN and accompanied by a cash deposit, cashier’s check, bid bond, or certified check payable to
the City of Prior Lake in the amount of five (5) percent of the amount of such a bid.
The City reserves the right to reject any and all bids for any reason as determined solely by the City Council.
Passed and adopted by the Prior Lake City Council this 3rd day of January 2022.
VOTE
Briggs
Thompson
Burkart
Braid
Churchill
Aye
☐☐
☐☐
☐Nay☐☐☐
☐☐
Abstain☐☐☐☐☐
Absent☐
☐☐
☐☐
______________________________
Jason Wedel, City Manager
LUP – Standardized LUP Form Page 1 of 6 LU1001 12/22/2021
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 7001 (T.H. 13)
County of Scott
LUP # 7001-0033
Permittee: City of Prior Lake
Expiration Date: 12/21/2031
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City
of Prior Lake, (“Permittee”), to use the area within the right of way of Trunk Highway No. 13 as shown
in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited
Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached
hereto as Exhibit B.
Non-Motorized Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal-Aid Policy Guide.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 12/21/2031 (“Expiration Date”) subject to the right
of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days
written notice of such cancellation. This LUP will not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
LUP – Standardized LUP Form Page 2 of 6 LU1001 12/22/2021
and Area are in good condition and repair. If, in MnDOT’s sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee’s use of the Facility and Area for the
additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
LUP – Standardized LUP Form Page 3 of 6 LU1001 12/22/2021
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT’s invoice.
LUP – Standardized LUP Form Page 4 of 6 LU1001 12/22/2021
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the State’s right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
LUP – Standardized LUP Form Page 5 of 6 LU1001 12/22/2021
4646 Dakota St SE
Prior Lake, MN 55372
and to MnDOT at:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14.INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota
Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner
of Transportation and employees and any successors and assigns of the foregoing, from and
against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is
caused solely by the negligence of State of Minnesota, but including those instances where the
State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or
control the operations of Permittee or otherwise discover or prevent actions or operations of
Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
LUP – Standardized LUP Form Page 6 of 6 LU1001 12/22/2021
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF PRIOR LAKE
By________________________________
_
Its
____________________________
Date______________________________
And_______________________________
_
Its
____________________________
Date______________________________
By:______________________________
_
District Engineer
Date______________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:_______________________________
Director, Office of Land Management
Date_____________________________
_
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
935
940
945
950
955
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950
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960
930
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945
950
955
930
935
940
945
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950
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930
935
940
945
950
955
935
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0.85%
-4.63%
1.25%3.05%VPI: 35+60.06EL: 941.94VPI: 35+81.14EL: 942.58VPI: 32+24.10
EL: 950.39
A = -5.48%
K = 31.95
L=175'
VPI: 34+39.28
EL: 940.43
A = 5.88%
K = 34.02
L=200'HP: 31+63.75EL: 949.76LP: 34+96.75EL: 941.41VPC: 31+36.60EL: 949.65VPT: 35+39.28EL: 941.68VPT: 33+11.60EL: 946.34VPC: 33+39.28EL: 945.06948.91949.330+50 949.12949.3949.33949.431+00 949.55950.2949.73950.331+50 949.74950.3949.56950.132+00 949.17949.9948.60948.932+50 947.82947.9946.86946.633+00 945.72945.5944.58944.633+50 943.59943.9942.79943.434+00 942.17943.0941.74942.534+50 941.48942.1941.42941.635+00 941.53941.7941.81941.835+50 942.40942.5942.936+00 36+50 37+00 37+50 38+00
948.80948.932+32 948.37948.232+50 947.60947.4946.63946.233+00 945.50944.9944.36944.133+50 943.37943.1943.05942.833+84 943.05942.860+00 941.66942.060+50 941.06941.361+00942.28942.6941.25941.9-1.04%VPI: 60+00.00EL: 943.05VPI: 60+20.66EL: 942.41VPI: 60+41.09EL: 941.86VPI: 60+63.87EL: 941.39VPI: 60+87.42EL: 941.12947.66948.050+31 947.04947.250+50 946.07946.1944.93945.051+00 943.79943.9942.82942.851+50 942.01942.1941.29941.652+00 940.79941.2940.56941.052+50 940.67941.2940.91941.452+96
-3.24%-3.75%
-1.10%1.07%VPI: 50+48.93EL: 947.08VPI: 50+73.93EL: 946.12VPI: 50+94.12EL: 945.20VPI: 51+23.66EL: 943.85VPI: 51+46.57EL: 942.94VPI: 51+69.79EL: 942.17VPI: 51+93.30EL: 941.47VPI: 52+19.24EL: 940.88VPI: 52+41.37EL: 940.61VPI: 52+62.65EL: 940.54VPI: 52+90.76EL: 940.84941.49941.661+50 62+00941.22941.5941.71.07%LP: 61+08.95EL: 941.05VPI: 61+71.93EL: 941.72-4.63%VPI: 33+11.76EL: 946.11VPI: 33+39.44EL: 944.83C
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>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>40+0041+003
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PI: 35+08.31
PI: 35+60.06
PI: 31+56.02
PC: 34+02.79
PT: 34+78.60
2.00%31+00
32+00
3
31+00
STA: 31+89.17 PLEASANT STREET CL=
STA: 40+35.19 MAIN AVENUE CL
PLEASANT STREET LEFT LOC ALIGNMENT 2 (ANGLED PARKING)
PLEASANT STREET LEFT EOP-LOC ALIGNMENT
33+00
34+00
35+00 36+00 3
32+59.29
33+00
3
STA: 33+84.28 PLEASANT STREET RIGHT EOP ALIGNMENT 1=
STA: 60+00 PLEASANT STREET RIGHT EOP ALIGNMENT 2
PLEASANT STREET RIGHT EOP ALIGNMENT 2
PLEASANT STREET RIGHT EOP ALIGNMENT 1
33+00
34+003
6
60+00
61+00
EP: 61+79.95
PI: 61+48.15
PI: 61+49.52
PI: 61+63.91
PI: 61+71.93
PT: 60+55.21
PLEASANT STREET RIGHT LOC ALIGNMENT 2 (ANGLED PARKING)
51+00
52+00
PC: 51+58.04
PT: 50+31.47
PT: 52+08.96
L =7 5 .8 1 R =3 0 0 .0 0 Δ =1 4 °2 8 '4 2"
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VETERAN
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FOREIGN
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8
LE
MANAGEMENT
PROPERTIES
PRIOR LAKE
CITY OF &
CITY MANAGER
LANGHO
R
S
T
RANDY
W & C/O
DELORES
LANGHO
R
S
TPRIOR LAKE CITY OF & CITY MANAGERSTREET CONSTRUCTION NOTES:
1.ALL CURB WITH ADJACENT SIDEWALK SHALL HAVE A
CONCRETE SILL PER MnDOT STANDARD PLAN 5-297.254.
2.ALL PEDESTRIAN RAMPS AND LANDINGS SHALL BE 6 INCH
CONCRETE.
3.ALL RESIDENTIAL DRIVEWAYS (INCLUDING THE SIDEWALK
THROUGH DRIVEWAY) SHALL BE 6 INCHES.
4.ALL COMMERCIAL DRIVEWAYS (INCLUDING THE SIDEWALK
THROUGH DRIVEWAY) SHALL BE 7 INCHES.
5.ALL RESIDENTIAL SIDEWALK SHALL BE 4 INCH CONCRETE.
6.ALL COMMERCIAL SIDEWALK (INCLUDING PAVED
BOULEVARDS) SHALL BE 6 INCH CONCRETE.
7.PAVED BOULEVARDS SHALL BE TIE TO THE CONCRETE WALK
PER MnDOT STANDARD PLAN 5-297.254.
8.SIDEWALKS SHALL MEET ADA LANDING REQUIREMENTS AT
ALL BUILDING ENTRANCES.
9.CONSTRUCT PEDESTRIAN RAMPS IN CONFORMANCE WITH
MnDOT STANDARD PLAN 5-297.250.
10.SEE LANDSCAPING SHEETS FOR ADDITIONAL STREETSCAPING.
11.COORDINATE OVERHEAD POWER BURIAL WITH CITY'S
ELECTRICIAN & XCEL ENERGY (SEE SPECS).
STREET LEGEND
4 INCH CONCRETE WALK
6 INCH CONCRETE WALK
6 INCH CONCRETE WALK SPECIAL 1
6 INCH CONCRETE WALK SPECIAL 2
INSTALL SALVAGED MAIL BOX SUPPORT1
7 INCH CONCRETE DRIVEWAY PAVEMENT
6 INCH CONCRETE DRIVEWAY PAVEMENT
BITUMINOUS PATCH SPECIAL 1
BITUMINOUS PAVEMENT
BITUMINOUS PATCH SPECIAL 2
BRICK PAVERS
17'
DATELIC. NO.
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.
SHEET
Bolton & Menk, Inc. 2021, All Rights ReservedcH:\PLAK\T18120665\CAD\C3D\120665C601-120665C606 - STREETS.dwg 12/13/2021 5:39:11 PMDESIGNED
DRAWN
CHECKED
CLIENT PROJ. NO.
ISSUED FOR DATENO.
R
12224 NICOLLET AVENUE
BURNSVILLE, MINNESOTA 55337
Phone: (952) 890-0509
Email: Burnsville@bolton-menk.com
www.bolton-menk.comBRADLEY J. FISHER
56595 MM/DD/YYYY
DOWNTOWN SOUTH RECONSTRUCTION
SAP 201-102-002, SAP 201-119-003, & SAP 201-131-001
ARK
ARK
BJF
T18.120665
R
C6.06STREET PLAN & PROFILE
PLEASANT STREET
FEETSCALE
0 25 50
HORZ.
FEETSCALE
0 5 10
VERT.
B618 C&G
B618 C&G
B618 C&G
B618 C&G
B618 C&G
B618 C&GB618 C&GB618 C&G17'
17'17'
R/W 80' +/-
60' F/F
36' F/F
R/W 64' +
/
-
R/W 78.5
'
+
/
-
R/W 66'
60' F/F
EXISTING GROUND PROFILE
PROPOSED CL PROFILE
NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET CENTERLINE ALIGNMENT
PLEASAN
T
S
T
R
E
E
T
MAIN AVENUETH 13PROPOSED CL ELEVEXISTING ELEV
PROPOSED ELEVEXISTING ELEV PROPOSED ELEVEXISTING ELEV PROPOSED ELEVEXISTING ELEV
NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT LOC ALIGNMENT 2NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT EOP ALIGNMENT 2NOTE: PROFILE AND STATIONING BASED ON PLEASANT STREET RIGHT EOP ALIGNMENT
EXISTING GROUND PROFILE
PROPOSED
EOP
PROFILE
PROPOSED EOP PROFILE PROPOSED LOC PROFILE
EXISTING GROUND PROFILE
SEE INTERSECTION
DETAIL SHEET C6.16
SEE INTERSECTION
DETAIL SHEET C6.15
43' F/F
MnDOT R/W
EXISTING GROUND PROFILE
SUBSURFACE DRAIN CLEANOUT (TYP)
4" PERF PE PIPE DRAIN (TYP)
4" PERF PE PIPE DRAIN (TYP)
STA. 35+86.42
END CONSTRUCTION
SAP 201-102-002
65 SY 7" CONCRETE
VALLEY GUTTER
DRAFTDRAFT