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CR 08-039 Update AUAR - Excelsior Crossings CITY Or: ~ April 1 0, 2008 HOPKINS Council Report 2008-039 UPDATE AUAR - EXCELSIOR CROSSINGS Proposed Action Staff recommends adoption of the following motion: Adopt Resolution ordering preparation of an update to the updated Alternative Urban Areawide Review (AUAR) and mitigation plan for the Excelsior CrossinQs office development. With this action staff will execute a contract with RLK Associates, Ltd. to complete this work. Overvi w In 2001 an AUAR was completed for the North Annex property to facilitate the proposed Medica project. This environmental review was necessary because of the size of the project and statutory requirements. In 2006 the AUAR was updated to take into account the Excelsior Crossings project, first analyzing the impact of 691 ,000 square feet and then again for 740,000 square feet. Opus has now informed staff that the project is proposed to be increased 59,000 square feet to a total of 799,000 square feet of office space, triggering another update to the AUAR. It will also take into consideration the change in use of the former retail pad on the east side of the property to a corporate daycare facility. The analysis will primarily concentrate on traffic impacts. The footprints of the buildings are consistent with the master plan as approved by the City. RLK Associates, Ltd. completed the original AUAR and subsequent updates and it is staffs opinion that they are in the best position to complete this update. The contract for services will be between the City and RLK. Costs of the update, estimated to be $21,500, will be paid for by Opus. When the draft is completed in May there will be a public review and comment period. SUDPortina Information . Resolution 2008-025 . Proposal from RLK Associates, Ltd. . Letter from Faegre & Benson . Executive Summary from RLK Associates, Ltd. · Site Plan dated 4L Financial Impact: $ 0 Budgeted: Y/N Related Documents (CIP, ERP, etc.): Notes: Source: . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2008-025 A RESOLUTION OF THE CITY OF HOPKINS ORDERING PREP ARA TION OF AN UPDATE TO THE UPDATED AL TERNA TIVE URBAN AREA WIDE REVIEW AND MITIGATION PLAN FOR EXCELSIOR CROSSINGS DEVELOPMENT WHEREAS, in 2001 MedicalAUina Health Systems proposed to develop a corporate headquarters for Medica on the SuperValu North Annex Site (Site); WHEREAS, in response to this proposal, the Hopkins City Council ordered preparation of the Medica Corporate Office Development Alternative Urban Areawide Review (Medica AUAR) for the Site; WHEREAS, on August 21, 2001, the Hopkins City Council accepted the Medica AUAR for the proposed Medica corporate headquarters project; WHEREAS, the MedicalAllina Health Systems abandoned the project and the Site remains undeveloped; WHEREAS, in late 2005, Opus Northwest, L.L.C. (Opus) proposed to develop the Site primarily for office space but also with uses not considered in the Medica AUAR, including some medical manufacturing and research and development uses, a hotel, and ancillary retail (Opus Project), a project to be known as Excelsior Crossings; WHEREAS, Opus anticipated development and storm water management facilities on parcels not included in the study area of the Medica AUAR; WHEREAS, major street improvements had been constructed next to the Site since acceptance of the Medica AUAR; WHEREAS, the AUAR had to be updated to remain in force after August 21,2006; WHEREAS, on February 17, 2006, the Hopkins City Council ordered preparation of the Updated Alternative Urban Areawide Review And Updated Mitigation Plan for the Excelsior Crossings Office Development (Updated Excelsior Crossings AUAR) with an expected office development of 685,000 square feet (SF) and expected retail development of 6,000 SF; WHEREAS, on May 16, 2006, the Hopkins City Council approved the Updated Excelsior Crossings AUAR; and WHEREAS, due to significant market demand for office space on the Site, Opus proposed in November of 2006 to expand the office component of Excelsior Crossings by 55,000 SF to 740,000 SF. WHEREAS, on November 21, 2006, the City Council ordered preparation of the December 2006 Update to the May Updated Alternative Urban Areawide Review for the Excelsior Crossings Office Development (2006 Excelsior Crossings AUAR Update) with an expected office development of 740,000 SF and expected retail development of 6,000 SF. WHEREAS, on January 2, 2007, the City Council approved the 2006 Excelsior Crossings AUAR Update. WHEREAS, Cargill, Inc. has chosen to occupy all the buildings proposed at Excelsior Crossings as a corporate campus and desires to expand the office component of Excelsior Crossings by 56,000 SF to 796,000 SF and to change the retail use from a 6,000 SF restaurant to a 10,000 SF day care center. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hopkins hereby orders the preparation of an update to the 2006 Excelsior Crossing AUAR Update that addresses the proposed office space expansion at Excelsior Crossings and other changes occasioned by Cargill Inc.' s occupancy of all the buildings at Excelsior Crossings and conforms to all requirements for an AUAR update. BE IT FURTHER RESOLVED, the City Council of the City of Hopkins directs City staff to negotiate and enter into a contract with RLK Incorporated to prepare the AUAR update. BE IT FURTHER RESOLVED, that the all costs for the AUAR update be charged to Opus. Adopted by the Hopkins City Council this day of April, 2008. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk 2 ( Engineering. Landscape Architecture. Planning. Surveying. Traffic ) Cr.eaUl1gextraordinary Communities April 1, 2008 Via Email (ls.elverum((i)hopkinsmn.com) and US Mail Ms. Kersten Elverum City of Hopkins 10 10 First Street South Hopkins, MN 55343 Re: Proposal for Professional Services AUAR Update and Traffic Analysis Excelsior Crossings Office Development - Hopkins, Minnesota Dear Ms. Elverum: RLK Incorporated (RLK) is pleased to provide this proposal to City of Hopkins (CLIENT) for the update to the Alternate Areawide Urban Review (AUAR) and Traffic Study for the Excelsior Crossings site located in Hopkins, Minnesota. RLK, in association with the City of Hopkins and the developer, managed the effort to prepare the updated AUAR which was approved by the City of Hopkins on January 2, 2007. RLK's scope of services is based on discussions with Tom Shaver of Opus and a review of the previous updated AUAR document. The proposed 2008 update to the updated AUAR will evaluate the impact of increasing the amount of office space to be built on the Excelsior Crossings site by approximately 59,000 square feet, in addition to the classification of Excelsior Crossing as a Corporate Office Development. It is RLK's understanding that Opus will reimburse the City for all costs associated with this contract. Services for the completion of the traffic study update, report preparation, associated AUAR responses, agency coordination and meetings are broken out separately in the attached AUAR proposal. Services will be billed on an hourly basis not to exceed the below estimated fees: Task 1 -AUAR U~date and Coordination: 1.1 Project Management and Coordination Estimated Fee $ 1,500.00 1.2 AUAR Update Responses, Document Preparation and Estimated Fee $ 4,500.00 Exhibits 1.3 . Response to Comments after 10-day Public Review Budgeted Fee $ 2,500.00 Period / Coordination for Approval 1.4 Analysis / Preparation of updated Traffic Study Update Estimated Fee $ 9,000.00 1.5 Meetings with City/ Agencies/Neighborhood(Hourly) Budgeted Fee $ 4,000.00 1.6 Reimbursable Expenses Estimated Fee $ Cost Plus 15% Total Estimated Fee (exclusive of hourly items and expenses) Estimated Fee $ 21,500.00 Offices: Duluth . Ham lake . Hibbing . Minnefonka . OOkdole (952) 933-0972 .6110 Blue Circle Drive . Suite 100 . Minnetonka. MN 55343. FAX [952j 933-1 15$ Equal Opportunity Employer RLK appreciates the opportunity to provide this proposal to the City of Hopkins for the 2008 updated to the AUAR and Traffic Study for the Excelsior Crossings Office Development. We look forward to the forthcoming Authorization to Proceed from the City Council on the updated AUAR. Please refer to the assumptions for a complete understanding of this proposal. Please do not hesitate to contact our office (952-933-0972) with any questions you may have or if additional information is needed. Sincerely, RLK Incorporated ~~W~ John Dietrich, ASLA Principal Land Development Specialist /~4 Aaron Hemquist, PE Senior Professional Engineer cc: Vern Swing, PE, RLK Proposal for Professional Service Excelsior Crossings Office Development - Hopkins. MN April 1, 2008 Page 2 of 7 RLK Incorporated (RLK) is pleased to submit a proposal to the City of Hopkins (CLIENT) for preparation of the April 2008 AUAR Update and Traffic Study for the proposed Excelsior Crossings Office Development site located in Hopkins, Minnesota. Based on our knowledge of the site plan and scope of revisions, the attached scope of services represents estimated fees to complete the project for the proposed April 2008 AUAR Update. . Assumptions 1. Unless RLK is directed otherwise, Opus will be responsible for all application forms and permit application fees required by the City and any other agencies involved. RLK documents will be prepared with agency requirements in mind. 2. The update is for the evaluation of adding an additional 59,000 square feet of office, and reclassifying the site as a corporate campus versus a general office campus per the January 2, 2007, approved updated AUAR. 3. Opus and CLIENT will provide any other completed studies, reports, plans, plats or data that may be of assistance or necessary for RLK to perform under this Agreement. RLK has the right to rely on information contained in documents provided by Opus and CLIENT. 4. RLK assumes an authorization to proceed will be obtained at the April 15, 2008, City Council meeting. RLK will work with Opus to prepare the notice to proceed. 5. This proposal assumes that the preliminary site plan dated January 15, 2007, as prepared by Opus will be the basis of the plan unless it is further refined prior to beginning work on the AUAR update and traffic study. An electronic file of the site plan is required. 6. This update does not change any proposed improvements to the master site plan approved in January 2007, 7. Agency requirements due to the new site plan and any new permitting criteria will be verified and changes will be identified in the AUAR update. 8. RLK will attend meetings, as requested by Opus and/or the City on an hourly basis according to the rate schedule included in the contract. 9. RLK will prepare the draft AUAR update for review and comment by CLIENT and Opus. A final updated draft will be prepared based on City comments. RLK will be responsible for the reproduction and distribution as required by the Environmental Quality Board (EQB) EA W Distribution List. The April 2008 AUAR Update will include a question-by-question comparison of the updated AUAR approved by the City on January 2, 2007. 10. Fees are broken down between the AUAR update, traffic study services, response to comments, and meetings. Based on a previous AUAR, we anticipate there will not be a need to provide an air and noise analysis for this added building square footage. If a vehicle noise and air evaluation is required it will be done as an additional service and fee. Proposal for Professional Service Excelsior Crossings Office Development - Hopkins. MN April L 2008 Page 3 of 7 11. RLK will use the soils report information provided by the Opus. Opus will provide any additional soils information required and will be responsible for all costs and expenses for geotechnical information. 12. Traffic engineering services are identified within this proposal. The traffic study will confirm the operations of the roadway system that was analyzed in the January 2, 2007 AUAR update. Build (5- year) and future build (20-year) conditions will be analyzed, based on the current site plan. Trip generation will be developed and regional distribution will be modeled. A traffic study will be prepared and the associated response to the AUAR Question 21 will be prepared. RLK will address agency comments, and coordinate to resolve issues on behalf of Opus and CLIENT. The traffic services scope of work includes meetings to be attended by the traffic engineer with the City and the City's traffic consultant. 13. For the traffic study, only one primary site plan will be studied with parcel usage and size clearly defined prior to initiation of the impact analysis. Any adjustments to site usage will be analyzed under separate contract. 14. No roadway design or signal design is included in the proposed scope of work. Traffic counts utilized in the approved update to the AUAR will also be utilized for the April 2008 update. 15. Wetland permitting, delineation, or mitigation plans are not included in this scope of work. . Scope of Services for the April 2008 Update to the AUAR Task 1.1 Project Management and Coordination Project management by RLK for the internal management of the project and directing the RLK team will be from this budget. The AUAR process will require meetings, agendas, and coordination of work production in order to meet the rules of the statute for the EQB. Estimated Fee.................................................................................................................................. $1,500.00 Task 1.2 AUAR Update Responses, Document Preparation, Final Mitigation Plan and Exhibits RLK will review the January 2,2007, Update to the AUAR, identify the changes to the 2008update and prepare a written response to each question. The update is to compare the 2008 plan to the approved 2007 plan. The update to the written document will use the new traffic report and the classification of a corporate campus assessment. The updated written document, exhibits and attachments will be' prepared for review by CLIENT. The objective is to be concise, straight forward and succinct in the response to questions. RLK anticipates this written document will require having the 31 technical questions addressed for the city's and agencies' concurrence. The City will need to approve the update to the AUAR and the Final Mitigation Plan prior to it being ready for the 10-day public notice to the various state and local agencies. Estimated Fee....................................... .;......................................................................................... $4,500.00 Task 1.3 Response to Comments after Public Review Period/Coordination for Approval Depending upon the number of written responses, this may be a quick or lengthy response. Comments which are determined to be relevant shall be responded to. The response comments will be a part of the public record. The city of Hopkins will ultimately be responsible to approve the updated AUAR. Estimated Fee.................................................................................................................................. $2,500.00 Task 1.4 Traffic Study Update Proposal for Professional SeNice Excelsior Crossings Office Development - Hopkins, MN April], 2008 Page 4 of 7 lAa. Traffic Projections Projected design year No Build traffic volumes will be estimated for the years 2009 to reflect conditions present on the surrounding roadway one year after completion of the development of the site, and 2020 to reflect the future conditions consistent with the existing AUAR Planning document. The annual background growth rate for the study area will be estimated based on a comparison of historical traffic count information provided Hennepin County and MNDOT, and on forecasts conducted by MetCouncil and other outside sources. Cumulative traffic growth in the study area associated with other proposed development will also be incorporated in the No-Build condition, based on information provided by the City of Hopkins. Discussion of the location offuture LRT stops will be received to verify and change from the January 2, 2007, AUAR. The subject site has direct access to the local regional trail system, which will be addressed. Traffic generated by the proposed corporate office development will be estimated for the weekday AM and PM peak hours, based on data published by the Institute of Transportation Engineers (ITE) in the 7th edition of Trip Generation. The estimated traffic generated by the proposed development will be adjusted to account for internal shared trips, and TDM measures per the methods described in The Trip Generation Manual, published by ITE. The distribution of site-generated traffic will be based on an evaluation of the existing weekday peak hour traffic volume patterns within the study area, and on information provided by the MetCouncil and Hennepin County. The traffic generated by the project will be combined with the 2009 and 2020 No Build volumes to establish the 2009 and 2020 Build traffic volumes. There is not anticipated to be any change to the master site plan circulation previously approved with the first phase of development. lAb. Intersection Operations The operating conditions of the study area intersections will be analyzed for the existing conditions as well as the projected 2009 and 2020 No-Build and Build conditions using procedures described in the 2000 Highway Capacity Manual, published by the Transportation Research Board. These operating conditions will be analyzed for weekday AM and PM peak hours. If these analyses indicate a significant change from the operating conditions documented in the AUAR for the No-Build scenario, recommendations for improvements will be identified. The Build conditions will be compared with AUAR Build conditions and with the No-Build conditions. Where these analyses indicate that the project will have a negative impact on the traffic operations and safety, roadway improvements will be recommended to mitigate the identified impact. Particular emphasis will be placed on the conditions present on TH 169 Ramps and on Minnetonka Mills/2nd Street. Additionally, a queuing analysis of the traffic estimated to turn into and out of the site via dedicated turn lanes will be conducted, and mitigation will be suggested as necessary. lAc. Report A traffic impact report, suitable for inclusion in an update to an AUAR will be prepared that will summarize the data and methodologies, discuss the roadway operations and safety, and provide conclusions and suggestions. Two copies of the Draft Report will be submitted to the CLIENT for review. Comments received on the draft report will be incorporated into a Final Report, which will be suitable for submission to the City for their review and distribution. Estimated Fee.................................................................................................................................. $9,000.00 Task 1.5 Meeting with City, Agencies, and Neighborhood Proposal for Professional Service Excelsior Crossings Office Development - Hopkins, MN April 1, 2008 Page 5 of 7 (Hourly, not to exceed without authorization) RLK will participate in meetings with City staff, utilities staff, commissions, council, CLIENT and outside consultants at the request of the CLIENT. Meetings only as authorized by CLIENT will be invoiced hourly. Estimated Fee... ........ ........ ....... ..... ... ......... ...... ..... ...... ...... ..... ...... ......... .............. ......... ..................... $4,000.00 Task 1.6 Reimbursable Expenses Unless otherwise stated, charges for direct costs for printing and reproduction and other out-of-pocket expenses will be calculated on a basis of actual cost. Mileage will be billed at the current per diem rate as authorized and allowed by the Internal Revenue Service. RLK assumes that printing of the AUAR document will be prepared by RLK and invoiced to the City. Estimated Fee........................................................................................................................... Cost plus 15% ATTACHMENTS Attachment A and B (Professional Services Rate Schedule) are incorporated into this Agreement by reference as if fully set forth herein. COMPLETE AGREEMENT This Agreement states the entire agreement between RLK and CLIENT, merges all prior negotiations, agreements and understandings, if any exist, and states in full all representations and warranties that have induced this Agreement, there being no representations or warranties other than those herein stated. Each party hereto agrees that in dealings with third parties no contrary representations will be made. AMENDMENT This Agreement may be altered or amended only by a writing signed by RLK and CLIENT. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. CHOICE OF LAW The laws of the State of Minnesota will govern this Agreement. SEVERABILITY The invalidity or partial invalidity ofany portion of this Agreement will not invalidate the remainder thereof, and said remainder will remain in full force and effect. Proposal for Professional Service Excelsior Crossings Office Development - Hopkins, MN April!, 2008 Page 6 of 7 AUTHORIZATION OF SIGNATURES RLK and CLIENT represent and warrant that each has taken all necessary corporate, legal or other actions to duly authorize and approve the making and performance of this Agreement and that the person signing this Agreement on their respective behalf is duly authorized to do so. The Client and RLK Incoroorated Aaree as Set Forth Above Client: City of Hopkins 10 10 First Street South Hopkins, MN 55343 RLK Incorporated: RLK Incorporated 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 Jc--l W~ John Dietrich, ASLA Principal Landscape Architect Signature April 1, 2008 Date Title ~.~ Aaron Hemquist, PE Senior Professional Engineer Date Attachment: RLK Standard Attachment A - General Conditions RLK Standard Attachment B - Hourly Rate Schedule Cc: Tom Shaver - Opus Northwest, LLC Vern Swing - RLK Incorporated Proposal for Professional Service Excelsior Crossings Office Development - Hopkins. MN April 1, 2008 Page 7 of 7 ATTACHMENT A - GENERAL CONDITIONS The information contained in the letter proposal accompanying this Attachment A may be reasonably relied upon by RLK Incorporated (RLK) and CLIENT in determining RLK's scope of work, the schedule for performing the work and the compensation to be paid to RLK. However, both parties recognize that such information may not be complete or may change and that the CLIENT and RLK shall negotiate appropriate adjustments in schedule, compensation and services in accordance with the terms and conditions contained in this Attachment A. I. DEFINITIONS The following words and phrases shall have the meaning indicated below: A. Agreement means RLK's letter proposal; Attachment A- General Conditions; Attachment B- Professional Services Rate Schedule; and any Design Change Notice or other writing signed by both parties indicating that it is an amendment or addendum to this Agreement. B. Certificate for Payment means a representation by RLK or other person performing construction administration services that the Work has progressed to the point indicated in the Contractor's application for payment, subject to (I) an evaluation of the Work for conformance with contract documents; (2) results of subsequent tests and/or inspections; (3) correction of minor defects and (4) any other specific qualifications. C. Construction Phase means that part of the work after the construction contract is awarded and before substantial completion. D. Contractor means any person or entity employed to perform Work on the Project. E. Hazardous Environmental Condition means any condition subject to regulations and controls of the Minnesota Pollution Control Agency, or that is defined in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or the existence of any other potentially hazardous or toxic materials or conditions. F. Substantial Completion means that the Work on the project is sufficiently complete in accordance with the contract documents so that the CLIENT can occupy or utilize the Work for its intended use. G. Work means those services, materials, labor or supplies used to complete the Project. H. Documents means any written, printed, typed, recorded or graphic matter, however produced, reproduced, or stored, including but not limited to electronic data, photographs and maps. \. Construction Administration or Construction Phase Services include construction observation and specifically exclude inspection of construction. II. CLIENT'S RESPONSmn.ITIES In addition to other responsibilities of CLIENT as set forth in this Agreement, CLIENT shall: A. Provide full information in a timely manner regarding requirements for and limitations on the Project. B. Designate a representative who shall be authorized to act on the CLIENT's behalf with respect to the Project. C. Examine all alternate solutions, studies, reports, sketches, drawings, specifications, proposals, and other documents presented by RLK (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as CLIENT deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. D. Provide the services of an independent testing firm to perform all inspections, tests, and approvals of samples, materials, and equipment required by law or the Contract Documents, or to eval uate the performance of materials, equipment, and facilities of CLIENT, prior to their incorporation into the work with appropriate professional interpretation thereof. E. Furnish all legal, insurance and accounting services, including auditing services that may be reasonably necessary at any time for the Project or to meet CLIENT's needs or interests. F. Submit to any governmental or permitting authority all necessary applications for permits or other required submissions. G. Provide prompt written notice to RLK if the CLIENT or any representative, contractor or agent of CLIENT becomes aware of any fault, defect or non-conformance in the Project, including arty errors, omissions or inconsistencies in RLK's work. H. Give prompt written notice to RLK whenever CLIENT observes or otherwise becomes aware of a Hazardous Environmental Condition or of any other development that affects the scope or time of performance of RLK's services. \. Warrant that funds are or will be available for prompt payments to RLK under the terms of this Agreement. RLK shall be entitled to full payment for completed work regardless of the timing or the CLIENT's failure to receive financing or governmental or other approvals. RLK is not a co-venturer with the CLIENT and the payment offees and reimbursable expenses is not at risk. III. RLK's RESPONSIBILITIES A. RLK shall review the laws, codes and regulations applicable to RLK's services. B. RLK shall be entitled to rely on the accuracy and completeness of all requirements, programs, instructions, reports, data, services and information furnished by the CLIENT. RLK may use such information in performing or fumishing services under this Agreement and CLIENT will defend, indemnify and hold harmless RLK for any errors or omissions in such information. RLK shall provide prompt written notice to the CLIENT if RLK becomes aware of any errors, omissions, or inconsistencies in such information. C. RLK shall be responsible for the technical accuracy of its services and documents resulting therefrom. To the extent that any deficiencies are present or discovered, RLK shall correct such deficiencies without additional compensation except to the extent such action is directly Page 1 of 5 .~ "-/ ATTACHMENT A - GENERAL CONDITIONS attributable to deficiencies In CLIENT -furnished information. D. RLK shall submit the deliverables required under the Agreement at intervals appropriate to the design or development process for purposes of evaluation and approval by the CLIENT. RLK shall be entitled to rely on approvals received from CLIENT in further development of the designs. E. RLK will provide one single review and response to any governmental or permitting authority's comments or requested revisions to RLK's deliverables required under the Agreement. F. RLK will schedule the work upon receipt of the executed Agreement. Work on subsequent phases of the Project will begin upon receipt of approval from the CLIENT and upon receipt of the full balance of fees due for work completed to the date of the CLIENT's approval. G. The standard of care for all professional consulting and related services performed or furnished by RLK under this Agreement will be the care and skill ordinarily used by members ofRLK's profession practicing under similar circumstances at the same time and in the same locality. RLK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS AGREEMENT OR OTHERWISE, IN CONNECTION WITH RLK'S SERVICES. IV. CONSTRUCTION ADMINISTRATION SERVICES A. The Letter Proposal or Design Change Notice shall include the parties agreement about whether or not RLK will provide construction administration services. If required as part of the Agreement, RLK's responsibilities to provide construction administration services commences with the award of the initial contract for construction and terminates at the issuance to the CLIENT of the final Certificate for Payment. RLK shall be entitled to additional compensation if construction administration services extend 60 days after the date of Substantial Completion of the work. B. Should CLIENT provide Construction Phase services with either CLIENT's representatives or a third party, RLK's services under this Agreement will be considered to be completed upon completion of the Final Design Phase or Bidding or Negotiating Phase. C. It is understood and agreed that if RLK's services under this Agreement do not include Project Observation, or review of the Contractor's performance, or any other Construction Phase services, and that such services will be provided by CLIENT, then CLIENT assumes all responsibility for interpretation of the Contract Documents and for construction observation or review and waives any claims against RLK that may be in any way conneCted thereto. D. During the Construction Phase, RLK shall not supervise, direct, or have control over Contractor's work, nor shall RLK have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. E. RLK neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents or any governmental rule, law or regulation. F. RLK shall not be responsible for the acts or omissions of any Contractor( s), subcontractor or supplier, or of any of the Contractor's agents or employees or any other persons (except RLK's own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by CLIENT without consultation and advice of RLK. G. RLK will review requests by the Contractor for additional information about the contract documents. Any request for information shall include a detailed written statement that indicates the specific drawings or specification on which clarification is sought and the nature of the clarification requested. If deemed appropriate by RLK, it will prepare, reproduce and distribute supplemental drawings and specifications in response to requests for information. H. I f included in the scope of the services, RLK shall review and approve or take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given in the design concept. RLK's action shall be taken with reasonable promptness while allowing sufficient time in RLK's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor. RLK's review shall not constitute approval qf safety precautions or any construction means, methods, techniques, sequences or procedures. RLK's approval of a specific item shall not constitute approval of an assembly of which the item is a component. I. I f the CLIENT requests that RLK execute certificates, the proposed language of such certificate shall be submitted to RLK for review at least 14 days prior to the requested dates of execution. RLK shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. V. COSTS OF THE WORK A. RLK's opinions of probable Construction Cost provided for herein are to be made on the basis of RLK's experience and qualifications and represent .RLK's best judgment as an experienced and qualified professional Page 2 of 5 ~ ~ ATTACHMENT A - GENERAL CONDITIONS generally familiar with the industry. However, since RLK has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, RLK cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by RLK. If CLIENT wishes greater assurance as to probable Construction Cost, CLIENT shall employ an independent cost estimator. B. RLK's estimates for the amount of fees and expenses for its services are based on the best information available to RLK and is not a guaranteed maximum price. In addition, changes in the scope of the services, schedule, budget or occurrence of unforeseen conditions or circumstances, will result in adjustments to RLK's estimates for its fees. VI. USE OF DOCUMENTS A. All drawings, specifications or other documents prepared by RLK for the Project are instruments ofRLK's service, and RLK shall retain ownership, and all common law, statutory or other reserved rights, including copyright and including the right of reuse at the discretion of RLK, whether or not the Project is completed. B. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by RLK. Files in electronic media format of text, data, graphics, or of other types that are furnished by RLK to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. C. When transferring documents in electronic media format, RLK makes no representations as to long-term compatibility, usability, or readability. of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by RLK at the beginning of this Project. D. CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT. Such Documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any such reuse or modification without written verification or adaptation by RLK, as appropriate for the specific purpose intended, will be at CLIENT's sole risk and without liability or legal exposure to RLK or to RLK's Consultants. CLIENT shall defend, indemnify and hold harmless RLK and RLK's Consultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting therefrom. E. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. F. RLK shall have the right to include photographs, drawings and information on the Project in public relations and marketing materials; and to submit photographs, drawings and information to design competitions and publications. However, RLK's materials shall not include the CLIENT's confidential or proprietary information if the CLIENT has previously advised RLK in writing of the specific information considered by the CLIENT to be confidential or proprietary. CLIENT may include information about RLK in promotional materials, advertising and other display of the project plans and information if the Project is built and finished substantially as designed. VII. SUCCESSORS, ASSIGNS, AND BENEFICIARIES A. CLIENT and RLK each are hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and RLK are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respeet of all covenants, agreements and obligations of this Agreement. B. Neither CLIENT nor RLK may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. 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 this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by CLIENT or RLK to any Contractor, Contractor's subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and RLK and not for the benefit of any other party. VIII. HAZARDOUS ENVIRONMENTAL CONDITIONS A. Both parties acknowledge that RLK's scope of services does not include any services related to a Hazardous Environmental Condition. In the event RLK or any other party encounters a Hazardous Environmental Condition, RLK may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. B. CLIENT acknowledges that RLK is performing professional services for CLIENT and that RLK is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous Page 3 of 5 ~ ~ ATTACHMENT A - GENERAL CONDITIONS substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which are or may be encountered at or near the Site in connection with RLK's activities under this Agreement. IX. ALLOCATION OF RISKS A. To the fullest extent permitted by law, RLK shall indemnify and hold harmless CLIENT, CLIENT's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all fees and charges of consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of RLK or RLK's officers, directors, partners, employees, and RLK's Consultants in the performance and furnishing of RLK's services under this Agreement. B. To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless RLK, RLK's officers, directors, partners, employees, and RLK's Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CLIENT or CLIENT's officers, directors, partners, employees, and CLIENT's consultants with respect to this Agreement or the Project. C. To the fullest extent permitted by law, RLK's total liability to CLIENT and anyone claiming by, through, or under CLIENT for any cost, loss, or damages caused in part by the negligence of RLK and in part by the negligence of CLIENT or any other negligent entity or individual, shall not exceed the percentage share that RLK's negligence bears to the total negligence of CLIENT, RLK, and all other negligent entities and individuals. D. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of RLK and RLK's officers, directors, partners, employees, agents, and RLK's Consultants, and any of them, to CLIENT and anyone claiming by, through, or under CLIENT for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of RLK or RLK's officers, directors, partners, employees, agents, or RLK's Consultants, or any of them, shall not exceed the total compensation received by RLK under this Agreement or $50,000, whichever is greater. E. To the fullest extent permitted by law, CLIENT agrees to defend, indemnify and hold harmless RLK and RLK's officers, directors, partners, employees, agents, and RLK's Consultants from any and all claims, losses, costs, or damages whatsoever arising our of, resulting from or in any way related to the Project or Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty of RLK or RLK's Consultants, which exceed the limit of liability as set forth in the previous paragraph. CLIENT further agrees to obtain insurance, if available, to cover these indemnification obligations. F. To the fullest extent permitted by law, and not withstanding any other provision in the Agreement, RLK and RLK's officers, directors, partners, employees, agents, and RLK's Consultants shall not be liable to CLIENT or anyone claiming by, through, or under CLIENT for any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied of RLK or RLK's officers, directors, partners, employees, agents, or RLK's Consultants, or any of them. G. If the CLIENT makes or causes to be made any alteration, change, amendment or additions of any kind in the contract documents or RLK's instruments of service, the CLIENT shall be solely responsible for any and all damages, liability and consequence resulting therefrom. The CLIENT agrees to defend, indemnify and hold harmless RLK and its agents and consultants from and against all claims, damages, losses and expenses, including, but not limited to attorneys' fees arising out of or related directly or indirectly to any alteration, change, amendment or addition to the contract documents or instruments of service. X. PAYMENTS FOR SERVICES AND REIMBURSABLE EXPENSES A. Preparation of Invoices. Invoices will be prepared in accordance with RLK's standard invoicing practices and will be submitted to CLIENT by RLK, unless otherwise agreed. B. Invoices are due and payable upon receipt. Invoices not paid within 30 days of the date rendered will be assessed a finance charge of one percent per month, or fraction thereof, for each month beyond 30 days past due. CLIENT will be responsible for all expenses incurred by RLK in the collection of any unpaid invoice, including the actual attorneys' fees and costs charged by its legal counsel. C. In the event of legislative actions after the effective date of this Agreement by any level of government that imposes taxes, fees, or costs on RLK' s services or other costs in connection with this Agreement or compensation therefore, such new taxes, fees, or costs shall be invoiced to and paid by the CLIENT. Should such taxes, fees, or costs be imposed, they shall be in addition to RLK's estimated total compensation. D. RLK shall have the right to suspend work or withhold completed work on the Project, or any other project in Page 4 of5 ~ "-/ ATTACHMENT A - GENERAL CONDITIONS progress between the CLIENT and RLK if payments are not timely received upon five (5) calendar days' notice to the CLIENT. RLK shall have no liability whatsoever to the CLEINT for any costs or damages as a result of such suspension caused by any breach of this Agreement by the CLIENT. E. RLK retains the right not to seal drawings produced for any phase of this Project unti I all invoices previously billed have been paid in full. If a performance schedule is involved in the work, any time lost while work is suspended due to non-payment will be added to the end of any such schedule. If the work is suspended for a period longer than 60 days, RLK shall retain the right to charge a restart fee, to be negotiated and paid prior to resumption of the work. F. In the event ofa disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid: G. CLIENT shall pay RLK for Reimbursable Expenses. The amounts payable to RLK for Reimbursable Expenses will be the Project-related internal expenses actually incurred or allocated by RLK, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of 1.15. H. Whenever compensation to RLK herein is stated to include charges of RLK's Consultants, those charges shall be the amounts billed by RLK's Consultants to RLK times a Factor of 1.15.. The external Reimbursable Expenses and RLK's Factors include RLK's overhead and profit associated with RLK's responsibility for the administration of such services and costs. I. If the CLIENT fails to make payment to RLK in accordance with the payment terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination by RLK. 1. Payment of invoices is in no case subject to unilateral discounting, backcharges or set -offs by the CLI ENT, and payment is due regardless of suspension or termination of this Agreement by either party. XI. CHANGES IN WORK A. Change in services of RLK, including services required of RLK's Consultants, may be accomplished after execution of this Agreement by Design Change Notice or other writing signed by both parties. In the absence of a mutual agreement in writing, RLK shall notify the CLIENT prior to providing such additional services. If the CLIENT deems that all or a part of the additional services are not required, the CLIENT shall give prompt written notice to RLK and RLK shall have no obligation to provide those services. Except for a change or additional services due to the fault of RLK, a Design Change Notice shall entitle RLK to an adjustment in compensation and to any reimbursable expenses for doing the additional work. S. The following circumstances affect RLK's services for the Project and RLK shall be entitled to additional compensation and an adjustment in schedule should any of these arise: 1. change in instruction or approvals given by the CLIENT that necessitate revisions in Instruments of Service; 2. enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; 3. significant change in the Project including, but not limited to size, quality, complexity, schedule, budget or procurement method; 4. failures of performance on the part of the CLIENT, the CLIENT's consultants or the Contractor; and 5. preparation for, attendance at and follow up after a public hearing, dispute resolution proceeding or other legal proceeding except where RLK is a party thereto. This I ist is not meant to be an exhaustive list of circumstances under which an adjustment in compensation and schedule shall be made. XII. GENERAL CONSIDERATIONS A. This Agreement is to be governed by the laws of the State of Minnesota. B. All express representations, indemnifications, or limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Any provision part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken; and all remaining provisions shall continue to be valid and binding upon CLIENT and RLK. D. This Agreement represents the entire and integrated agreement between RLK and CLIENT. Extra work or changes in the work shall be by Design Change Notice or Client's extra work order only. Upon acceptance in writing by both RLK and CLIENT, all such extra work or changes shall be incorporated herein. Page 5 of 5 ~ ~ ATTACHMENT B Professional Services Rate Schedule Effective: July 1, 2007 - June 30, 2008 ProCessional Em!ineerinl!: Services Principal Engineer Hourlv Rates 160.00 Sr. Professional Engineers 120.00 - 160.00 Professional Engineers 85.00 - 115.00 Project Engineers (ElT) 55.00 - 80.00 Sr. Engineering Technicians 85.00 - 115.00 Engineering Technicians 45.00 - 75.00 EngineeriRg Interns 45.00 ProCessional Landscaoe Architecture Services Principal Landscape Architect Hourlv Rates 160.00 Landscape Architects 75.00 - 125.00 Landscape Designers 55.00 - 65.00 Landscape Architect Interns 45.00 ProCessional Planninl!: Services Principal Planner Hourlv Rates 160.00 Senior Land Development Specialists 160.00 Senior PlannerslEconomic Development Director 125.00 Planners 60.00 - 75.00 Planning Interns 45.00 ProCessional Land Survevinl!: Services Principal Land Surveyor Hourlv Rates 160.00 Sr. Professional Land Surveyors 120.00 - 160.00 Professional Land Surveyors 95.00 - 115.00 Land Surveyors In Training 65.00 - 110.00 Land Survey Technicians 45.00 - 80.00 Land Survey Interns 45.00 2-Person Land Survey Crews 115.00 - 155.00 GPS Operators 100.00 GPS Equipment Rental 40.00 Proiect Suooort Services Project Manager Assistants 65.00 - 85.00 Administrative Assistants 45.00 Unless otherwise stated, charges for direct costs for printing and reproduction, special fees, permits, subcontracts and other out-of- pocket expenses will be calculated on a basis of actual cost plus fifteen (15) percent. Mileage, when charged, will be billed at the current per diem rate as authorized and allowed by the Internal Revenue Service. UNITED STATES I ENGLAND I GERMANY I CHINA W ALTE,RH. ROCKENSTEIN II \uockenstein@faegre.com 612.766.nQS April 9, 2008 Ms. Kersten Elverum Director of Planning & Development City of Hopkins City Hall 1010 First Street South Hopkins, MN 55343 BY E-MAIL AND U.S. MAIL Re: Request To Update The 2006 Updated Excelsior Crossings AUAR Dear Ms. Elverum: We represent Opus Northwest, L.L.C., who is building the Excelsior Crossings project for Cargill, (ne. on the fonner SuperValu North Annex site in the City of Hopkins. As you know, this site was the subject of the December 2006 Update to the May Updated Alternative Urban Areawide Review for the Excelsior Crossings Office Development, which waS approved by the City in January 2007. This letter comes 011 behalf of Opus to request that the City update the December 2006 Updated Excelsior Crossings AUAR to address the proposed expansion of the office component of the project and the change of the retail use from restaurant to day care center. Opus understands and agrees that the cost of the update will be paid by Opus. 2008. Opus asks that you place this item on the City Council's agenda for April 15, If you have any questions, please call me. Sincerely, if~ flJ~.:r Walter H. Rockenstein II ROC WH:jorsa:fb.us.2769052.0 I cc: Jeremy Steiner (bye-mail) Thomas Shaver (bye-mail) John Dietrich (bye-mail) 22110 WELLS FARGO CENTER I 90 SOUTH SEVENTH STREET I MINNEAPOLIS MINNlcSOTA H402.3901 TELEPHONE 611-766..7000 I FACSIMILE 612-766-1600 I WWW.FAEGRE.COM ~ RI.K. Engineering. Landscape Architecture. Planning. Surveying. Traffic ( INCORPORATED) . \.. .. J Creating extraordinary ~ Communities MEMORANDUM Date: April 11,2008 To: Kersten Elverum, Planning Director, City of Hopkins Via email;kelverum@hookinsmn.com Cc: David Menke, Opus Northwest Construction, LLC Tom Shaver, Opus Northwest, LLC Walter Rockenstein II, Faegre & Benson LLP Vernon Swing, RLK Incorporated Via email: dave.menke@opuscorp.com Via email: thomas.shaver@opusnw.com Via email: wrockenstein@fael.!:Te.com Via email: vswing@rlkinc.com From: John Dietrich, ASLA Re: Executive Summary Excelsior Crossings AUAR Update RLK Project No. 2008-089-M Excelsior Crossings is approved for approximately 740,000 square feet of office use and 6,000_square feet of retail use. The 28.::!: acre campus has been master planned to include three buildings clustered around the central water feature/courtyard and structured parking. The first building is essentially complete and the building's occupant, Cargill Corporation, is in the process of moving into the facility. A second building permit has been issued for the westernmost building. The Developer and Cargill desire to pursue minor changes to the development, which mandates the existing Alternative Urban Areawide Review (AUAR) be updated. The proposed changes to the approved AUAR are as follows: · Add 56,000 square feet of office use; · Change the 6,000 square foot retail building to a 10,000 square foot daycare facility; · Change the designation of the campus from a general office site to a corporate office campus due to Cargill's desire to be the occupant of all three office buildings. The proposed changes to the existing plan will result in all three office buildings to be seven stories in height versus the previous plan of six to seven stories in height. For reference, the one existing building is at seven stories. The two proposed building will replicate the existing building. The day care facility is proposed in the same location as the retail building was shown. No changes are proposed to the site plan with regard to drive access, footprint of the office buildings and parking structures, stormwater/ponding design, and pedestrian access/connections to the regional trails. Offices: Duluth . Ham Lake . Hibbing . Minnetonka . OakdaJe (952) 933-0972 . 6110 Blue Circle Drive. Suite 100 . Minnetonka. MN 55343 . FAX (952) 933-1153 Equal Opportunity Employer Executive Summary Excelsior Crossings AUAR Update Aprill!. 2008 Page 2 of 2 The change to corporate office from genera] office will allow the Average Daily Trip (ADD traffic generation to be reduced by approximately ],700 vehicles per day. The ADT will be reduced with the change in office designation and the peak hour trips to the site may increase by 30 - 40 trips in the AM Peak Hour, while PM Peak Hour trips may experience a very slight increase. Overall, we anticipate the proposed changes to the plan will not create a noticeable change to the traffic around the site at full buildout. However, per State rules, it is necessary to go through the process and prepare an update to the AUAR. The 2008 AUAR Update will review the impacts the proposed changes will have to the surrounding area. RLK, on behalf of the City, will be responsible to prepare the document and address the 3] -questions as required. A]though the proposed changes are minima], the AUAR Update will again be reviewed by various agencies and will be issued for a lO-day public comment period. We look forward to completing the update to the Excelsior Crossings AUAR to comply with the Environmental Quality Board (EQB) regulations. Please contact our office with any questions you may have. G:\City ofHopkins\2008-089-M\_Correspondence\Memo City-Exec Summ AUAR Updt 04-IO-08.doc I ~L':c-----=-------------~----~ --l L L,_._._- ---- - ----..---- I I ------- UCNICE ~ --. __ _ _. . JI'EME, · j 2ND STREET NE ~ '" ... '\ HLJ ,", \ ,.. , ...... , .. , ..' , \\ ",'" '\. \ .. , ",-' \ \\ ,,,,' '\ \\ STORWWATER .,' '\ f>a<<) .. , \\ ;'~ \ \ (; \ ~ ' '\ , ~ , .. , , / '\; '\ ",'" '\. , .., , '\, , \ '\; , \, , \, '\ a '\ \ ~~ \ '\ \\. \ \. '\ \ '-. (3) \ \. , ~~ \ '\ '. <>~ 2 '. '. '\.' \, , \ \ \ FU1\.IRE \. '\ '. IlE'oU<lI'Y<NT( '. .. \ \ \ , I '\ " ....... , '\ '........ . \ I '\ I , . , I , I , , \ ,,' '\ ..... '\ .. , ..... , , , " , ,.. , ... \ ,.. , , , ,.. ,.. o. ~ .... ~"f ~ o ~ ~ ...."f '0 / / ~".~ LJ I Bl -1 --i --,J I I l --J .. '" " .. "- .. " () .. " o .. ..., <<:::::: L LEGEND ~ ~ .......,.,- ---- - - - RQIT 01 _,. ---- - - """- totCIlE1[ p",\lOlOfJ I" ... ....... 1[' ...__ .J """''''' -.-.-.- -.-,,-.- """ PlU .. 0 ..... PlU .... .... -..p- ~ 0. SITE NOTES CONTRACTOR SHAlL FIELD VERIFY LOCATIONS AND ElEVATIONS OF [XJSTlNG UllUTlES AND TOPOGRAPHIC ITA TURES PRIOR TO "!HE COWMENCEl.IENl Of sm: GRAOlNG. "THE CONlRAClOR SHALL IWMEDlAT[lY NOTIFY lliE ENGINEER Of DiSCREPANCIES OR VARIAlIONS fROM THE PLANs. ALL DIMENSIONS ARE SHOWN TO THE FACE Of" CURB UNLESS OlHERWlSE NOlED. BUILDING DIMENSIONS REFER TO THE OUTSIDE FACE. or BUILDING uNlESS OTHERWISE NOTED. lYPlCAl FUll SIZE 90' PARKING STAlL IS 9' x 16' UNLESS OlHERWlSE NOlEO. AU CURB RADII SHAll BE 5.0. UNLESS OTHERWISE NOTED. All CURB WITHIN PUBUC RIGHT or WAY TO BE 8624. All aJRB AND GUTIER TO BE B612 UNLESS 01HERWlSE NOlED. PEDESTRIAN RAMPS TO BE CONSTRUClED AT ALL WRB CROSSINGS OF SIDEWALK. REFER TO ARCHITECTURAl 51lE PlAN FOR DETAILS or BUIlDING INFO AND SITE PARCEl DATA. EXISTING CONDITIONS ARE COMPULED FROM THE ALTA/ACSM LAND TIllE SURVEY BY SUNDE lAND SURVEYING fROM NOVEMBER OF 2005 AND THE PROf>OSED CONDITIONS OF EXCelSIOR CROSSINGS PHASE 1. All EXISTING CONDITIONS ARE "'PPROX.MAl[ AND SHAU BE nELD 'JERIFJED. SIGNAGE & STRIPING NOTES CONTRACTOR SHAll. BE RESPONSIBLE FOR AU SllE srGNAGE AND STRIPING AS SHOWN ON THIS PLAN. ACCESSIBlE PARKING PRO"'DED PER ADA CODE. CONTRACTOR SHAU PAINT All ACCESSIBLE STAllS. ACCESSIBlE LOGOS AND CROSS HATCH ACCESSIBlE LOADING AISLES 'MlH BLuE PAVEMENT MARKING PAINT, 4" IN YlIDTH. CONTRACTOR SHAlL PAINT ANY/All DlREClIONAL lRAlTJC ARROWS, AS SHOWN, IN WHITE PAINT. AlL srGNAGE SHALl. INCLUDE POST, CONCRElE FoollNG AND SlEEl CASING WHERE REQUIRED. AU. SlGNAGE NOT PROT[ClED BY roRD. lOCA.lED IN PARkiNG LOT OR OlHER PAVED AREAS TO BE PlACED IN SlEEL CASING, FIllED \lllH CONCRElE AND PAlNlED YEllOW, REFER 10 DETAIL ANY/AlL STOP SIGNS TO INClUDE A 24" WIDE PAlNlED STOP BAR. tN "MUl[ PAINT. PLACED AT THE STOP SIGN lOCATION. A MINIMUM or 4' FROM CROSSWALK, IF APPUCABLE. AlL STOP BARS SHALl ExTEND FROM DIRECTIONAl lRANSlTJON 8E'n'It:EN lANts 10 THE CURB. AlL SIGNS TO BE PLACED 18- BEHIND THE BACK OF CURB UNLESS OlHER'MSE NOTED. SIGNAGE LEGEND @ STOP SIGN (24" x 24" Rl-l) i!!> ACCESSIBLE PARKING-VAN ACCESSIBLE (12" X 6' R7-Bb) @ ACCESSIBLE PARKING (12' X 18" R7-Bm) @ NO PARKING nRE LANE <!) PEDESTRIAN CROSSING BENCHMARKS BM ".) TOP NuT OF 2ND FIRE H'ltlRANT EAST Of HWY 169 ON SOUlH SIDE OF 2ND ST. N.E. ELEV"lION - 923.10 FEEl BM 12.) TOP OF SPIKE IN 2ND PO'AUl POlE SOUlH OF 2ND ST. N.E. ON WESl SIDE OF 151 AUEY WE51 Of JACKSON AVE. S. ElEVATION - 914.96 FEEl BM 13.) TOP NuT OF 1ST FIRE HYDRANT WEST Of JACKSON AVE. S. ON lHE NOR"!H SIDE Of EXCElSIOR BL 110_ ELEv"llON = 925.45 FEEl ELEVATIONS SHOWN ARE BASED ON MNOOT 6ENCHMARKS A2706 A1 AND 2706 A2 1 1" o 50 100 r--- . SCAlE IN rEET I z o ~ () ::> (( t- en Z o () (( o 11. t- O Z . O!PlUJS" Opus Archi18ds & EngiJMrs,Inc. 11lB.....1oooI_ ==~TI c:...~... =;= ~ RLK. . , '--./ 6110J!/lal: CbdeDd-,. s..-100 -......... I'IIl:.::mmllJ72Pa:~mU9 -- '--"'-1IIr__~""""""~ ---...'_--.--_,- :...~~~~_... ",,"",L~l D"1[_ J,..IC.NO~ ...."""" -.-. t.f35_7700 PA::I.lCTIIUIIEIl:R "" ./07/oa "Q.<rr_ -" o<~" . (rrOl'S moy DeN< ;., tro. tronStl'l;:!:Sion of tlectl'Ol'O<liI!'s.l""ap...sCOI'OIpGfIifto...not ,npo""~I( lor OIOfdoo..s. da"'o9f'S or ~OI~a.ddth(~ed_ orltoe ;~I"''''~/I c;>r>Io;n"d;., cledrGW; ti~. . fl~I'c.";,, lilt-, Il'<l, ~c.l OCCy,"'."" ,~~ I~e t;"", QS-b,,;1l ~lI"cIil;c.tl$. n is !tit' ...spon~"b."(.t) 01 the IN!' to. ~e1"") all Ioy<l,,'s. d;,.",,,,~n$ ond ol~.' '~ol.lI ;nfor....,t>o". .11\;5 docvm."T rnQ)' no! r.. lIWlI Of" ,op0t04 .."otI\ovl p';or ..,;n..n ,on$..nl. Cd' ri9hh '(~t'1'W!'d -.. . OPlUS" Opuo- c:or--. LLC. IC\.l5O"''''_ ~ SMU-OlIl "'---.. ""'" EXCELSIOR CROSSINGS PHASE 2 ..,"" ItllI'DII,III "'""" OVERALL SITE & SIGNAGE PLAN 1"'''-- c31 ~