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CR 06-130 Update AUAR-Excelsior Crossings Project C\TY OF November 14,2006 m HOPKINS Council Report 2006-130 UPDATE AUAR - EXCELSIOR CROSSINGS PROJECT ProDosed Action Staff recommends approval of the following motion: adopt Resolution 2006-076. ordering preparation of an update to the updated Alternative Urban Areawide Review (AUAR) and updated mitigation plan for the Excelsior Crossings Office Development. With this action, staff will execute a contract with RLK Associates, Ltd., to complete this work. Overview 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. Earlier this year the Medica Project AUAR document was updated for the Excelsior Crossings Proj ect being proposed by the Opus Corporation. The proj ect, as detailed in this document, is for a total build-out of the office space component of 691,000 square feet. Opus has now informed staff that the scope of the project will be 740,000 square feet. The AU AR document will need to be updated again to reflect this increase in density. This analysis will basically review traffic impacts. The footprints of the buildings and building heights (two seven-story buildings, one five-story building) are still consistent with the master plan as approved by the City. RLK Associates, Ltd., completed the original AUAR and the last update. Staff is now proposing that they undertake this modification. As the City is identified as the regulating governmental agency (RGA) for environmental review, the contract needs to be with the City. Opus Corporation, however, agrees to pay all costs in conjunction with this study. Once the document has been created, there will be a public review and comment period. SUDDortine: Documents Resolution 2006-076 Proposal from RLK Associates, Ltd., dated November 14,2006 Letter from Faegre & Benson, dated November 15,2006 Site Plan dated 1011 7/06 : :f) James D. Kerrigan Planning Economic Development Director CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2006-076 A RESOLUTION OF THE CITY OF HOPKINS ORDERING PREPARATION OF AN UPDATE TO THE UPDATED ALTERNATIVE URBAN AREAWIDE REVIEW AND MITIGATION PLAN FOR EXCELSIOR CROSSINGS DEVELOPMENT WHEREAS, in 2001 Medical Allina 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 AU AR for the proposed Medica corporate headquarters proj ect; 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 now wants to expand the office component of Excelsior Crossings by 55,000 SF to 740,000 SF. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hopkins hereby orders the preparation of an update to the Updated Excelsior Crossing AUAR that addresses the proposed office space expansion 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 21st day of November 2006. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk DRAFT SCHEDULE FOR DECEMBER 2006 UPDATE OF THE UPDATED ALTERNATIVE AREAWIDE REVIEW FOR THE EXCELSIOR CROSSINGS OFFICE DEVELOPMENT Task Draft City Council resolution sent to J. Kerrigan City Council orders preparation of December 2006 AUAR Update and hires RLK Draft December 2006 AUAR Update sent to City staff for review and comment EQB Monitor deadline for submission of December 2006 AUAR Update December 2006 AUAR Update mailed and posted for comment period Notice of Availability for December 2006 AUAR Update published in the EQB Monitor December 2006 AUAR Update sent by messenger to State Agencies and Metropolitan Council * December 5 10 working day comment period begins December 18 10 working day comment period ends December 19-26 City staffprepares Record of Decision December 26 Planning Commission meeting January 2,2007 City Council acts on December 2006 AUAR Update January 8 EQB Monitor deadline for publication of notice of City action January 15 Notice of City action published in EQB Monitor February 1 30-day period to appeal City action ends * Messenger service must be used because State agencies and the Metropolitan Council get ten working days from the "date of receipt" to comment. Date November 14, 2006 November 21 November 21 November 27 December 1 December 4 December 4 11/14/06 fb.us.1660976.02 . "" RI...K. Engineering. Landscape Architecture · Planning. Surveying · Traffic ( INCORPORATED) . "" J Creatmg extraordinary ~ Communities November 14, 2006 Via Emait (jkerrigan@holJkinsmn.com) and US Mail Mr. Jim Kerrigan City of Hopkins 1010 First Street South Hopkins, MN 55343 Re: Proposal for Professional Services AUAR Update and Traffic Analysis Excelsior Crossings Office Development - Hopkins, MN Dear Mr. Kerrigan: RLK Incorporated (RLK) is pleased to provide this proposal to City of Hopkins (CLIENT) fOT the update to the Alternate Area\.Vide 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 May 16, 2006. . RLK's scope of services is based on discussions with Rocky Rockenstein ofFaegre & Benson and a review of the original Medica AUAR and the updated AUAR document that was approved on May 16, 2006. The proposed December 2006 update to the ADAR will evaluate the impact of increasing the amount of office space to be built on the Excelsior Crossings site by 55,000 square feet. It is RLK's understanding that Opus will reimburse the City fOT 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 pToposa~. Services , will be billed on an hourly basis not to exceed the below estimated fees: Task l-AUAR Update and Coordination: 1.1 Project Management and Coordination Estimated Fee $ 500.00 1.2 AUAR Update Responses, Document Preparation and Estimated Fee $ 3,400.00 Exhibits 1.3 Response to Comments after 1 O-day .Public Review Budgeted Fee $ 1,300.00 Period I Coordination for Approval 1.4 Anaiysis / Preparation of updated Traffic Study Update Estimated Fee $ 8,000.00 1.5 Meetings with Cityl AgenciesfNeighborhood(Hourly) Budgeted Fee $ 3,000.00 1.6 Air and Noise Evaluation (by Subconsultant) Estimated Fee $ 700.00 1.7 Reimbursable Expenses Estimated Fee $ Cost Plus 15% Total Estimated Fee (exclusive of hourly items and expenses) , Estimated Fee $ 16,900.00 'Offices: Duluth . Ham Lake . Hibbing . Minnetonka . Oakdale (952) 933-0972 · 6110 Blue Circle Drive . Suite 100 · Minnetonka, MN 55343 . FAX (952) 933-1153 Equal Opportunity Employer . RLK appreciates the opportunity to provide this proposal to the City of Hopkins for the December 2006 updated to the AUAR and Traffic Study for the proposed Excelsior Crossings Office Development. We look forward to the November 21,2006 Authorization to Proceed'from the City Council on the updated AUAR. Please refer to the assumptions for a complete understanding of this proposal. Ple~se do not hesitate to contact our office (952-933-0972) with any questions you may have or if additional information is needed. Sincerely, d,evf-~ / i I , I J \ I ~.."._..- ~ .\ Vy -r-~ Vernon Swing, P '---.....-J Principal Transportation Engineer RLK Incorporated John Dietrich, ASLA Principal Landscape Architect Proposal for Professional Servi<;:e , Excelsior Crossings Offlce D' vel pment - Hopkins, MN November 14, 2006 Page 2 of 7 RLK Incotporated (RLK) is pleased to submit a proposal to the City of Hopkins (CLIENT) for preparation of the December 2006 AUAR Update and Traffic Study for the proposed Excelsior Crossings Office Development site located in Hopkins, Minnesota. Based on our review of the concept plan dated October 17, 2006, the attached scope of services represents estimated fees to complete the project for the proposed December 2006 AUAR Update. . Assu"1ptions 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 55,000 square feet of office to the May 16, 2006 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 infonnation contained in documents provided by Opus and CLIENT. 4. This proposal assumes that the preliminary site plan dated October 17, 2006 will be tbe basis of the plan unless it is further refined prior to beginning work on tbe AUAR update and traffic study. An electronic file of the site plan is required. ' 5. This update does not change any proposed improvements scheduled for the 3-acre chimney parcel. 6. 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. 7. RLK will attend meetings, as requested by Opus andlor the City on an hourly basis according to the rate schedule included in the contract. 8. RLK will prepare the draft AUAR update for review and comment by CLIENT and Opus. A fmal 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 December 2006 ADAR Update will include a question-by-question comparison of the updated AUAR approved by the City on M~y 16,2006. 9. Fees are broken down between the AUAR update and traffic study services. Additiopally, if required based on the increase in traffic for the 55,000 sqare feet of office space, a vehicle noise and air evaluation has been included. This analysis will be provided by Liesch Associates as a subconsuItant to RLK. If a complete report is necessary, additional fee,S may be required. 10. 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 geoteclmical information. . Proposal for PrOfessional Service Excelsi r Crossings Office Developm nt - H pkins. MN November 14.2006 Page 3 of 7 11. Traffic engineering services are identified separately from the AUAR update .service. The traffic study will confirm the operations of the roadway system that was analyzed in the original May 2006 AUAR update. Build (5~year) and future build (20-year) conditions will be analyzed, based on the October 17, 2006 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. 12. Fo~ 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. 13. 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 December 2006 update. 14. Wetland permitting, delineation, or mitigation plans are not included in this scope of work. . Scope of Services for the Traffic Study Update Task 1: Traffic Study Update A. 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 Plar.ming 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 fo!,ecasts 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. The traffic in the area will be adjusted to account for potential reconfiguration of the SUPER V ALU site and possible reuse of the Hopkins Honda site. Further, discussion of the location of future LRT stops will be addressed. The subject site has direct access to the local regional trail system, which will be addressed. > Traffic generated by the proposed 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 th edition of Trip Generation~ Proposal for Professional Service Excelsior Crossings Offlc Dev lopm nt - Hopkins, MN November 14, 2006 Page 4 of 7 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. B. 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 Capa.city 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 significant impact on .the traffic operations and safety, roadway improvements will be recommended to mitigate the identified impact. Parti~ular emphasis will be placed on the conditions present on 111 169 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. Task 2: 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. Task 3: Meetings Ifis anticipated that attendance at two (2) meetings with the CLIENT/City and attendance at the neighborhood meeting will be required. Meeting attendance will be per the CLIENT' s r~quest only. Proposal for Professionat Service Excelsior Crossings Offic Developm nt - Hopkins, MN November J4, 2006 Page 5 of 7 SCHEDULE It is anticipated that the traffic study will be completed and the draft report submitted to the client for review within two (2) weeks from receipt of a noti~e to proceed. 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. COU NTERP ARTS 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 th~ State of Minnesota will govern this Agreement. SEVERABILITY The invalidity or p~ial invalidity of any 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 Offic Development - H pkins, MN November 14,2006 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. Th Client and RLK Incorporated Aaree as Set Forth Above Client: City of Hopkins 1010 First Street South Hopkins, MN 55343 RLK Incorporated: RLK IncorPorated 6110 Blue Circle Drive, Suite 100 Minnetonka, MN 55343 Signature ~~~L1- John Dietrich, ASLA Principal Landscape Architect Title ----N cN"": t11 '"20')/0 Date / I I Date Attachment: RLK. Standard Attachment A - General Conditions RLK Standard Attachment B - Hourly Rate Schedule Cc: Nick Erpelding - RLK Incorporated Proposal for Professional Service Excelsior Crossings Office Dey,elopm nt - Hopkins, MN November 14, 2006 Page 7 of 7 ATTACHMENT A .. GENERAL CONDITIONS The infonnation contained in the letter proposal accompanying this Attachment A may be reasonably relied upon by RLK- Kuusisto, Ltd. (RLK) and CLIENT in determining RLK's scope of work, the schedule for perfonning the work and the compensation to be paid to RLK. However, both parties recognize that such informati9n 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 tenns 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 (1) 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 dermed 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, photograplls and maps. r. Construction Administration or Construction Phase Services include construction observation and specifically exclude inspection of construction. II. CLIENT'S RESPONSIBILITIES 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 evaluate 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-confoIIDance in the Project, including any 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. I. 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 of fees and reimbursable expenses is not at risk. III. RLK's RESPONSmILITIES 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 furnishing 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 attributable to deficiencies in CLIENT-furnished information. Page 1 of 5 ~ RLK r~D' ATTACHMENT A - GENERAL CONDITIONS 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 ofthc 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 shaH 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 tenninates at tlle issuance to the CLIENT of the final Certificate for Payment. RLK shall be entitled to additional compensation if construction administranon serYlces 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 perfonnance, 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 ofRLK. G. RLK will review requests by the Contractor for additional information about the contract documents. Any request for infonnation 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. If 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 of 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. If 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 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 detennining prices, or over competitive bidding or market conditions, RLK cannot Page 2 of5 ~ RLK (~D' ATTACHMENT A - GENERAL CONDITIONS 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 shaH 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. fu 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 Proj ect 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 fonnat, RLK makes no representations as to long-term compan'bility, 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 fOT 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, indemnity 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 infonnation about RLK in promotional materials, advertising and other display of the project plans and infonnation if the Project is built and finished sub:ltantially as designed. vn. 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 respect 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 cOl1sent 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 undcr this Agreement. C. Unless expressly provided otherwise in this Agreerrent: 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 docs not include any services related to a Hazardous Environmental Condition. In the event RLK or any other party encounters a Hazardous Environmental Conditiont 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 identity and, as appropriate, abate, remediate, or remove the Hazardous Envirorunental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. B. CLIENT acknowledges that RLK is perfonning professional services for CLIENT and that RLK is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous 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 actiVlties under this Agreement Page 3 of 5 ~ RLK c~n) ATTACHMENT A - GENERAL CONDITIONS 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 perfonnance and furnishing of RLK's services under this Agreerrent. 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 Proj ecl C. To the fullest extent pennitted 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 CLlENT 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, includmg but not limited to the negligence, professional errors or omissions, strict liability or breach of contract, or warranty express or implied ofRLK 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, indemnity 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 totat compensation. Do RLK shall have the right to suspend work or withhold completed work on the Project, or any other project in 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. Page 4 of5 ~ R.LK. '~D' ATTACHMENT A - GENERAL CONDITIONS E. RLK retains the right not to seal drawings produced for any phase of this Project until all invoices previously billed have been paid in full. If a perfonnance schedule is involved in the work, any time lost while work is suspended due to non-plyment 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 of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. G. CLffiNT 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 tirpes 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 CLffiNT fails to make payment to RLK in accordance with the paymcnt terms herein, this shall constitute a material breach of this Agreement and shall be cause for termination by RLK. J. Payment of invoices is in no case subject to unilateral discounting, backcharges or set-offs by the CLIENT, and payment is due regardless of suspension or temrination of this Agreement by either party. XI. CHANGES IN WORK A. Change in services ofRLK, including services required of RLK's Consultants, may bc 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 a:lditional work. B. 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 perfonnance 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 list is not meant to be an exhaustive list of circumstances under which an adjustment in compensation and schedule shall be made. XlI. 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. e. 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 of5 ~ RLK [~r>l ~ RLK. ~~gi~~;i~g- ~-L;~-d~~~P~-A~~~t;;t~;':-PI;~~i"~~-~-S~~~~Y-i~9 -~ -T~~!~~' ( INCORPORATED) . \. J Creatmg extraQrdil1ary ~ Communities Professional Services Rate Schedule Effective: July 1,2006 - June 30,2007 ProCessional Em!ineeriDt! Services Principal Engineer Hourly Rates 160.00 Sr. Professional Engineers 120.00 -160.00 Professional Engineers 85.00 - 115.00 Project Engineers CElT) 55.00 - 80.00 Sr. Engineering Technicians 85.00 - 115.00 Engineering Technicians 45.00 - 75.00 Engineering Interns 45.00 Professional Landscaoe Architecture Services Principal Landscape Architect Hourly Rates 160.00 Landscape Architects 75.00 - 125.00 Landscape Designers 55.00 - 65.00 Landscape Architect Interns 45.00 Professional PIannine Services Principal Planner Hourly Rates 160.00 Senior Planners/Economic Development Director 125.00 Planners 60.00 - 75.00 Planning Interns 45.00 Professional Land SurveVIRll 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 OperatOls 100.00 GPS Equipment Rental 40.00 Proiect SUDDort Services Project Manager Assistants 65.00 - 85.00 Administrative Assistants 45.00 Unless otherwise stated, chal'ges fol' d;l'ect costs for printing (U,d reproduction, special fees, permits, subcontracts and other out-of- pocket expellSes will be calculated Oil a basis of actual cost plus fifteen (15) percellt. Mileage, whelJ cl,arged, will be billed at tI,e currelJt pel' diem rate as authorized IlIJd allowed by the Internal Revellue Service. . r..".w"...w.........v.w.........y.y.........~ ~~~ ~~~<.o-.v.( ':"" .~.:-".h:.:.<<.e>"j UNlTED STAT.E5. l'NGLAND (,t:RMA~Y CUJNA WALTER H. RO(;KEN~TElN IJ \VmCktlu:ltl;ljn@flle~.'r~ ,com {Ill. 766.1208 Novelnber 15.2006 Mr. Jatnes D. Kerrigan Planning & Economic Development Director City of Hopkins 1010 First Street South Hopkins~ MN" 55343 BY E-MAlL AND U.S. MAlL Re: Request To Update The Updated Excelsio.l' Crossings AtTAR. Dear Mr. Kerrigan: We represent Opus Northwest, L.L.C., who is proposing an expansion to the Excelsior Crossings mixed-use project on the SuperValu North Annex site in the City of Hopkins. As you know~ this site was the subject of the lJpdated Alternatil'e [lrban Areawide Review/or the E.xcelsior Crossings qffice Development, which was approved by the City in ~1ay 2006. This letter COlnes on behalf of Opus to request that the City update the Updated Excelsior Crossings AllAR to address Opus's proposed expansion of the office compenent of the project. Opus understands and agrees that the cost of the update will be paid by Opus. Opus asks that you place this iteln on the City Council's agenda t()r November 21, 2006. If you have any questions, please call n1C. Sin.cerely, cl~-41I. ~~~=zr Walter H. Rockcnstein IT R OCWH:jorsa: lh.us.I 6633M.O ( cc: Jeremy Sleiner David J. Menke John Dietrich 1200 WELl.S ).'ARGO C~NTI":R ! 90 'SOUTH SI~Vt:NTH STnf.l':T : M:INNI':APOUS X1P-iNE~OTA 'H1Q1-;>';Q1 T t: L!~ e' H {) N t: & u . 7 b!l" '; 0 (Hi l FA c: S 1M H. E r,"L?,. i IS (> - j (, I) {} I \'I: W ,\,1,'. l' A)? G Kl? . CO 1'1 FAEGRE & BENSON lLP MEMORANDUM TO: J ames Kerrigan David Menke FROM: Walter Rockenstein cc: Jeremy Steiner DATE: SUBJECT: November 15,2005 NEED TO UPDATE THE UPDATED EXCELSIOR CROSSINGS AUAR Opus Northwest, L.L.C. ("Opus") has experienced significant market demand for office space in its Excelsior Crossings mixed-use project ("Project"). In response, Opus proposes to expand the office space component of the Project by 55,000 square feet ("SF") from 685,000 SF to 740,000 SF. Retail space would remain at 6,000 SF, so total Project square footage would increase from 691,000 SF to 746,000 SF. After reviewing this expansion, I recommend that the City of Hopkins (the "City") update the Updated Alternative Urban Areawide Review And Updated Mitigation Plan for the Excelsior Crossings Office ("Updated Excelsior Crossings AUAR"). Reason Supporting Update The Updated Excelsior Crossings AUAR should be updated because the Environmental Quality Board Environmental Review Rules ("EQB Rules") require an AUAR update if "total development in the area would exceed the maximum levels assumed in the environmental analysis document." See Minn. Rules 4410.3600, subp. 7.C. The Opus proposal increases both the office component and total size of the Proj ect by more than a nominal amount, so an update must be undertaken. Even though preliminary analysis of the expansion proposal's environmental effe~ts indicates no significant impacts and no need to alter the Mitigation Plan in the Updated Excelsior Crossings AUAR, the City should adhere to the MEQB Rules and undertake an update. Commencing The AUAR Update RLK-Kuusisto, Ltd., the firm that prepared the Updated Excelsior Crossings AUAR, is prepared to undertake the update including the necessary traffic analysis. To proceed, the City should authorize updating the Updated Excelsior Crossings AUAR, retain RLK-Kuusisto, Ltd. as the consultant to perform the work, and provide that Opus will pay the update costs. W.H.R. II fb.us.1662905.01 -2- DRAFT SCHEDULE FOR DECEMBER 2006 UPDATE OF THE UPDATED AL TERNATIVE AREAWIDE REVIEW FOR THE EXCELSIOR CROSSINGS OFFICE DEVELOPMENT Task Draft City Council resolution sent to J. Kerrigan City Council orders preparation of December 2006 AUAR Update and hires RLK Draft December 2006 AUAR Update sent to City staff for review and comment EQB Monitor deadline for submission of December 2006 AU AR Update December 2006 AUAR Update mailed and posted for comment period Notice of Availability for December 2006 AUAR Update published in the EQB Monitor December 2006 AUAR Update sent by messenger to State Agencies and Metropolitan Council* December 5 10 working day comment period begins December 18 10 working day comment period ends December 19-27 City staff prepares Record of Decision January 2,2007 City Council acts on December 2006 AUAR Update January 8 EQB Monitor deadline for publication of notice of City action January 15 Notice of City action published in EQB Monitor February 1 30-day period to appeal City action ends * Messenger service must be used because State agencies and the Metropolitan Council get ten working days from the "date of receipt" to comment. Date November 14,2006 November 21 November 21 November 27 December 1 December 4 December 4 11/14/06 fb.lls.1660976.01 ZZLZ -.;:" ColI 48 Hours befor dicJCJinCJ ~~~~~ ~= ~ GOPHER STATE ONE CALL ~~f~ [[~ Twin Cities keo 651-454-0002 = ~:: ~ ~ ~ ~ MH. Toll Free 1-800-252-1166 ::;: ~..::' (~I) 1: ~ ,..0. D_.c l:i. ..... l-~ ~ !!i2 g o l;-c ~ - ~ii.~ g ~f!~ ~ I ~:.3.! i ~E:oi 0 'ilii_ ~~~= ! ~~o c ~ ~.~; ~ c( _Eo.!?' -, a o 0 ~ 3 j ~ (C Oi ~ w SITE NOTES ~ ~ g 0 MASTER SITE PLAN IS FOR A PROPOSED REVISION TO THE UPDA TED AUAR DOCUMENT AND IS lLLUSTRA liVE. MASTER PLAN HAS BEEN PREPARED BY OPUS AND R1.K INc.. TYPICAL FULL SIZE 90. PARKING STALLS WITHIN THE PARKING RAMP STRUCTURES ARE 8.S'x18. AND THE SURFACE PARKING . - . . . - . STALLS ARE 9.x18' UNLESS OTHERWISE NOTED. (/)" OFfiCE USE IS PARKED AT 4 STALLS / 1000 SF BLOG ~ (4/1000). ~ RETAIL USE IS PARKED AT 5 STAUS / 1000 SF BLOG ~ M~ I THE 28 AC. PARCEL B IS ZONED B-P. Ii ~ ili 1- . li~ flit &.II1i Jlii en BUILDING SUMMARY I USE CHART A :::) BUIlDING I 9UIlOING BUltDINC PARKING A. GRANO SO. F"T. USE REQUlR€D 0 BUILDING A 210.000 Sf" OffICE 840 STAllS A BUILDING B 260.000 Sf" OfFICE 1,040 STAllS ~ <Ct BUIlDING C 270.000 Sf" OfFICE 1,080 STAllS l BUIlDING 4 6.000 Sf" RETAIL 30 STAllS (I) C) OZ TOTAL 746.000 Sf" ~~Ifflt& 2.990 STAllS 0 100 200 Z lLIt-< I I --J SCAlE IN rEET ~ ~Q.. 010.0:: SITE DATA CHART 5cn ::>~ ______ SITE PARCEL 8U\lOING PARKING PARKING PARKING O::~ O~ AREA uSE AREA REQUIRED PROVlOEO , RA 110 O~ ~::iE CHIMNEY lJ2.167 Sf NSTlTUTlONAl 0 Sf" 0 STAllS 0 STAllS 0 (I)-X 0 PARCEl 3.0 AC (OTY) -J Q.O:: MAIN 1.219.985 Sf" COMMEROAl 746.000 Sf" 2990 STA''': .1 064 STALLS 41/1000 l&J 0< PARCEL 28.0 AC (OffiCE) .'........., - U 0::::> X 0.< l&J :=!: U) ""N 0 ""_ I") "'- PLAN DATE: OCT. 17 2006 ~~o~~~ N ~ u '- TWIN CITIES AND WESTERN RAilROAD ~...-.:. ~ T . IlllaSTOP EXISTI ., TRAFFIC SIGNAL . r'---' , I L_ _--.....J [J rn ~_J.-J . , I , \ , Li z u.i > <( e 2006 RlK INC. --