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ITEM 5.2 Traffic Study0tSTY F O MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht January 22, 2018 PRESENTER(s) REVIEWED BY: ITEM #: Public Works City Administrator Flaherty 5.2 City Attorney MacArthur City Engineer Wagner AGENDA ITEM DETAILS RECOMMENDATION: City staff is recommending that the City Council approve the corresponding escrow agreement with Otsego Apartments, LLC for reimbursement of a traffic study of CSAH 42 to be undertaken by SRF, Inc. at the direction of Wright County and the City. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? Yes No BACKGROUND/JUSTIFICATION: Otsego Apartments LLC is proposing development of Riverbend North consisting of a multiple family apartment building, mini -storage and commercial land uses. The subject site is adjacent to CSAH 42 at the southeast quadrant of TH 101 and CSAH 42. The proposed development requires applications for a PUD Development Stage Plan and preliminary and final plat. Wright County and City staff have stated that a traffic study is required to be prepared and submitted with the PUD Development Stage Plan to evaluate access spacing to the proposed development from CSAH 42, intersection controls for the access to the development, the adequacy of internal circulation, and the need for a connection to the Riverbend Mobile Home Park to the south. As CSAH 42 is a County roadway and all access issues are primarily their jurisdiction, Wright County will engage SRF, Inc. to undertake the traffic study with all costs for the study to be paid by the developer. SRF completed the 2004 Northeast Wright County Transportation Study. SRF's involvement in the previous transportation study provides them important background information and familiarity with area transportation issues that will be relevant to this project as well. SRF has outlined a proposed scope of work for the traffic study that has been approved by City staff and Wright County staff for a cost of $7,500. SRF is prepared to begin work on the project immediately after receiving authorization. The City Attorney has drafted an agreement between Otsego and the developer for them to reimburse all costs related to completion of the traffic study, including those for SRF as well as the City's planning, engineering, and legal costs. City staff requested that the developer execute the proposed agreement and provide a $10,000 escrow prior to authorization for the traffic study to begin. SUPPORTING DOCUMENTS ATTACHED: I • Riverbend North Traffic Study Proposal — SRF Consulting Group, Inc. • Escrow Agreement with Otsego Apartments, LLC • Location Map PORAIRI F MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve an escrow agreement between the City and Otsego Apartments, LLC for reimbursement of a traffic study of CSAH 42 to be undertaken by SRF, Inc. at the direction of Wright County and the City. RI lnrZf=T IAIF:OPMATION FUNDING: BUDGETED: Developer Escrow No Otsego Apartments, LLC will be required to deposit an escrow of $10,000 to cover the costs incurred by the City in connection with the traffic study. � ENGINEERS PLANNERS 161,� D ESIGNERS Consulting Group, Inc. SRF P 110 14 January 12, 2018 Mr. Chad Hausmann, PE Wright County Highway Department 3600 Braddock Avenue NE Buffalo, MN 55313 Subject: Proposal for Professional Services for: Riverbend North Traffic Study Dear Mr. Hausmann: SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to conduct a traffic study for the proposed mixed-use development in Otsego, Minnesota. The project site is located in the southeast quadrant of the MN Highway 101/County Road 42 intersection. The main objectives of the study are to identify existing conditions within the study area, evaluate potential impacts of the proposed development under,two different access scenarios, and recommend improvements if necessary. Based on our understanding of the project, the following scope of services was developed. Scope of Services We propose to carry out the work as described in the following tasks: Collect a vehicular turning movement and pedestrian/bicyclist count during the a.m. and p.m. peak periods at the County Road 42/St. Croix Drive intersection. 2. Review and update historical year 2016 traffic volume data available from MnDOT at the MN Highway 101 Ramp intersections with County Road 42 to reflect year 2017 conditions. 3. Analyze existing weekday a.m. and p.m. peak hour operations at the study intersections identified in Tasks 1 and 2 using Synchro/SirnTraffic software. 4. Review and assess historical crash data within the study area using the Minnesota Crash Mapping Analysis Tool (MnCMAT) for the most recent available five-year period. 5. Estimate the number of trips generated by the proposed development for the weekday a.m. and p.m. peak hours, and on a daily basis using the current ITE trip generation rates, Distribute trips generated by the proposed development to the adjacent roadway network for up to two (2) access scenarios. www.srfconsLI Iting.com One Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer Mr. Chad Hausmann January 12, 2018 Wright County Page 2 7. Analyze weekday a.m. and p.m. peak hour intersection operations at the study intersections under future build conditions (using Synchro/SimTraffic software) for two (2) different access scenarios. 8. Determine what improvements, if any, are needed to accommodate the proposed development with acceptable levels of service and safe operations. This will include a review of potential turn - lane improvements and/or access modifications. 9. Review the proposed site plan with respect to parking, access, and circulation and recommend improvements as necessary. This will include a review of the County's access spacing guidelines under future potential expanded roadway conditions. 10. Prepare a draft technical memorandum documenting the findings and recommendations. Make revisions as necessary based on Client review and prepare a final memorandum. 11. Provide day-to-day project management, administration, and quality control, as well as general coordination with project staff. No meetings are included with this scope of services. Schedule We are prepared to begin immediately and will complete this work within a mutually agreed-upon time schedule. Basis of Payment/BUDGET We propose to be reimbursed for our services on an hourly basis at the approved City rates for actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project, the total cost of our services is not to exceed $7,500, which includes both time and expenses. Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Standard Terms and Conditions The attached Standard Terms and Conditions (Attachment A), together with this proposal for professional services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. Mr. Chad Hausmann Wright County Acceptance/Notice to Proceed January 12, 2018 Page 3 A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is mt�acynana.srfconsulting.com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. Matthew Pacyna, PE (MN WI ND) Principal MP/JEIVI/jal Attachment A — Standard Terms and Conditions Approved WRIGI4T COUNTY (Signature) Name Title Date Joshua E Maus, PE (MN), PTOE Principal This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S.\D10rke1k,-\ProftoSa1r\2017IetterProposals\I1014PP RimbendNortI TraeStny 180112docx ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRFhasbeen paid in full of amounts due for services, expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6. INDEMNIFICATION AND ALLOCATION OF RISK a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and employees against all damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and anyone for whom the CLIENT is legally liable. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. 8. OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. Page 1 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 9. USE OF ELECTRONIC MEDIA a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, SRF 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 SRF at the beginning of this Assignment. c. if there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10. FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. 11. ASSIGNMENT Neitherparty shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12. BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13. SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or 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 the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14. SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 15. DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF. 17. SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services. Page 2 of 2 (MN Standard Ternis and Conditions) Rev: March 5, 2014 ESCROW AGREEMENT BETWEEN THE CITY OF OTSEGO AND OTSEGO APARTMENTS, LLC THIS AGREEMENT made this _ day of January, 2018 by and between the City of Otsego (CITY), a Minnesota municipal corporation and Otsego Apartments, LLC (APPLICANT), a Minnesota Limited Liability Company. WHEREAS, APPLICANT has applied for zoning approvals on certain real property located within CITY and described by Property Identification Number 118-500-262400, and said request for City approvals includes construction of apartment buildings, mini- storage, and other commercial uses; and WHEREAS, APPLICANT has met with CITY staff and Wright County Staff regarding traffic and access issues inherent in the proposed location of the potential land use affecting CSAH 42 and the nearby State Highway 101 interchange; and WHEREAS, Wright County and CITY both require a Traffic Study be completed prior to APPLICANT proceeding with the applications for the proposed use of the site.; and WHEREAS, Wright County requires that Traffic Studies affecting its County road system be completed by its approved consultant, SRF, Inc.; and WHEREAS, the study will be evaluated by both CITY and Wright County prior to APPLICANT further consideration of the land use applications by CITY; and WHEREAS, SRF has provided a Scope of Service for the Traffic Study approved by both CITY and Wright County; the estimated costs of the Traffic Study are $7,500.00; and WHEREAS, CITY requires an escrow by APPLICANT in the amount of $10,000.00 to cover the estimated costs of the Traffic Study, and to reimburse the CITY for any additional costs incurred as a result of the study, including but not limited to CITY engineering, planning and legal costs; and WHEREAS, APPLICANT will be further required to cover any additional said costs incurred by CITY in the event that the costs of the Traffic Study and CITY incurred engineering, legal and planning costs exceed the initial escrow amount posted. NOW, THEREFORE IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. APPLICANT shall immediately submit a cash escrow to the CITY in the amount of $10,000.00. 2. The cash escrow shall be used to pay SRF, Inc. for the Traffic Study and to reimburse the CITY for any legal, planning or engineering costs incurred as the result of the Traffic Study and related issues. 3. CITY shall provide APPLICANT with a final billing statement indicating payments made regarding the Traffic Study and related issues, or periodic statements if specifically requested by APPLICANT. 4. In the event that the initial escrow amount is fully utilized, APPLICANT shall provide escrow in an additional amount as determined by CITY. 5. CITY may utilize any and all legal remedies available to it under City Ordinance or State statutes to recover any costs incurred by CITY including, but not limited to planning, engineering or legal costs incurred as the result of the Traffic Study or related issues, said remedies include assessment of costs against the subject property. 6. This Agreement is entered into prior to consideration of the application for use of the property by APPLICANT and to determine the scope and extent of traffic issues prior to consideration of the application. APPLICANT undertakes the Traffic Study and any CITY incurred related costs at its own risk. APPLICANT understands and agrees that the Traffic Study is a preliminary requirement of the CITY and Wright County, and by entering into this Agreement neither the CITY nor Wright County is taking any action that could be construed to be a preliminary approval or approval of the use or uses proposed for the site. APPLICANT will not represent that the undertaking of this Preliminary Study confers any rights by APPLICANT related to the subject property. APPLICANT acknowledges and agrees that the results of the Traffic Study and any related or required amendments may be utilized by CITY or Wright County to make decisions related to access, permits, or land use decisions on the subject property. Dated: APPLICANT OTSEGO APARTMENTS, LLC ME Its Dated: 2 CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk �I `I U J J V) Z W H Q Q O W U) I- O z 0 a U O J w H N All sir+aruarar s oaa\6—v - BLOZ 'BI