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ITEM 3.5 CR 137 Traffic StudyotsTy.,= o MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 27 February 2017 PRESENTER(s): REVIEWED BY: ITEM #: Consent Agenda Interim Administrator Flaherty 3.5 — CR 137 Traffic Study City Attorney MacArthur AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of an escrow agreement with Love's Travel Stops & Country Stores, Inc. for reimbursement of a traffic study of CR 137 to be undertaken by SRF, Inc. at the direction of Wright Countv and the Citv. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC HEARING REQUIRED? Yes. No. BACKGROUND/JUSTIFICATION: Love's Travel Stops & Country Stores, Inc. has entered into a purchase agreement for a parcel of land located at the northeast quadrant of 1-94 and CR 137 for potential development of a convenience fuel, convenience food, and tire repair use. The subject site is guided by the 2012 Comprehensive Plan for future commercial uses, but the property remains zoned A-1, Agriculture Rural Service District in accordance with the interim land use plan policies of the Comprehensive Plan. The interim land use plan policy states that a parcel will not be rezoned to allow for a use as guided by the Future Land Use Plan until such time as a development application is presented that complies with the provisions of the Zoning Ordinance and Subdivision Ordinance. The potential development will require application for a Zoning Map amendment, conditional use permits for the various uses, and preliminary/final plat. No development application has been received as of this date. City staff met with representatives of Love's on 17 November 2016 to discuss their potential development, the City's development requirements, and the application review process. City staff indicated at that time that a traffic study would be required to be prepared and submitted with any development application. City staff scheduled a second meeting on 23 January 2017 with Love's, Wright County staff, Albertville staff, and St. Michael staff to discuss transportation issues and the scope of the required traffic study. It was determined at this meeting that Wright County would engage SRF, Inc. to undertake the traffic study with all costs for the study to be paid by Love's. SRF completed the 2004 Northeast Wright County Transportation Study and has been working recently with Wright County and MNDoT on potential improvements to 1-94 at CR 137 and CSAH 19. SRF was also engaged by Albertville to prepare a traffic study for the proposed Mall of Entertainment development located north of 1-94 and west of CSAH 19. SRF's involvement in these current and past transportation studies 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 $7,800.00. SRF is prepared to begin work on the project immediately after receiving authorization. The City Attorney has drafted an agreement between Otsego and Love's 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 Love's execute the proposed agreement and provide a $10,000 escrow prior to authorization for the traffic study to begin. Love's has submitted the executed agreement and escrow as requested. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Site Location B. Traffic study scope -of -work C. Escrow agreement POSSIBLE MOTION Please word motion as you would like it to appear in the minutes. Motion to approve an escrow agreement between the City and Love's Travel Stops & Country Stores, Inc. BUDGET INFORMATION FUNDING: BUDGETED: No 100% Developer Funded F` 1 50001 '~ 101800062400 10102,2002060 121 Ic /I 101800063201 Overview Legend Roads —cs4ncL ~—cr/cL -- wuN|cL -- pn|vx7ccL -- lvvpcL Highways ~�Interstate — —sto/rHvy — —usHwv City/rnwnoNnUmits Fl c Fl t ED] Parcels ILIIS I ENGINEERS PLANNERS DESIGNERS Consulting Group, Inc. SRF PI0390.PP February 16, 2017 Mr. Chad Hausmann Assistant County Engineer Wright County Highway Department 3600 Braddock Avenue NE Buffalo, MN 55313 Subject: Proposal for Professional Services for the Love's Travel Center Traffic Impact Study Otsego, Minnesota Dear Mr. Hausmann: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for conducting a traffic impact study for the proposed Love's Travel Center located in the northeast quadrant CSAH 37/62nd Street NE intersection. The main objectives of the study are to identify existing operations/travels patterns within the study area, evaluate the traffic impacts to the adjacent roadway network, and recommend any necessary improvements to accommodate the proposed development. This study will also provide a review of the proposed access to CSAH 37 and internal site circulation, particularly with respect to the interaction of passenger vehicles and heavy trucks. Scope of Services We propose to carry out the services described as follows: 1. Collect a.m. and p.m. peak period turning movement counts (passenger vehicle and trucks) at the following intersections: • CSAH 37 and Eastbound I-94 Ramps • CSAH 37 and Westbound I-94 Ramps • CSAH 37 and 62nd Street NE • CSAH 37 and Lymon Avenue (potential access location) • CSAH 37 and MacIver Avenue NE Note: As part of previous studies, we have p.m. peak hour turning movement counts from November 2016 at the first three intersections listed. We also have video files for the a.m. peak hour for these first three intersections that need to be processed. The last two intersections listed will be counted using video camera technology. 2. Analyze existing a.m. and p.m. peak hour operations at the study intersections identified in task 1. We proposed to use the traffic operations model Synchro/SitnTraffic to identify intersection level of service (LOS), vehicle delay and traffic queues. www.srfconsuIting.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 February 16, 2017 Wright County Highway Department Page 2 3. Estimate the number of trips (passenger vehicle and trucks) that will be generated by the proposed development during the a.m. and p.m. peak periods and on a daily basis using the current ITE trip generation rates and/or data provided by development team. These estimates will be compared to a scenario assuming the site develops consistent with the comprehensive Plan. 4. Distribute the trips generated by the proposed development to the adjacent roadway network. 5. Analyze a.m. and p.m. peak hour intersection operations at the study intersections under future build (Le., one year after construction) conditions. An additional scenario will be analyzed that assumes access closure of 62nd Street NE at CSAH 37. Identify and analyze mitigation options. Two dimensional Sim Traffic animation files will be developed for use at public meetings. 6. Review the proposed site access and parking layout to determine if any vehicular (passenger and trucks) conflicts exist or any improvements could be implemented to improve internal circulation. 7. Prepare a draft memorandum documenting the findings and recommendations. Make revisions as appropriate based on County review and prepare a final memorandum. 8. Prepare for and attend up to three meetings at the request of County staff. One of these meetings is assumed to be a public meeting. 9. Provide day -to -dap project management, administration, and QA/QC, as well as project coordination with County staff Assumptions We will utilize all available data and traffic models that have been developed for other studies within the area. Our scope and fee account for this efficiency. The analysis will account for the turn lane restriping project and signal modification project that will be implemented in the spring of 2017. Schedule We 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 for the 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 and our scope of services, we estimate the cost of our services to be $7,800, 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. Mr. Chad Hausmann Wright County Highway Department Standard Terms and Conditions February 16, 2017 Page 3 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. Acceptance/ Notice to Proceed 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 jmaus@srfconsuldng.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. �%` — I /' w.,;:: � - Joshua Maus, PE (AIN), PTOE Principal JM/cw Attachment A — Standard Terms and Conditions Approved (signature) Name Tide Date 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•\14tarkeliug\ProporaLr\20177�tter PropasaLr\ 10390 I94 anel CSAR 37 Tnrck Slop\ 10390.PP 194 and CSAR 37 Twck Slop IViigbf Co.docx 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. 1. 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 sei vices hereunder. 3. 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 SRF has been 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 famished 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 itsrights, 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 ag-ecement 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 Terms and Conditions) Rev: March 5, 2014 ESCROW AGREEMENT BETWEEN THE CITY OF OTSEGO AND LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. THIS AGREEMENT made this _ day of February, 2017 by and between the City of Otsego (CITY), a Minnesota municipal corporation and Love's Travel Stops & Country Stores, Inc. (LOVE), an Oklahoma corporation. WHEREAS, LOVE has signed a Purchase Agreement on certain real property located within CITY and described by Property Identification Number 118-800-361400, and intends to apply for City approvals to construct and operate a motor fuel facilities, convenience store, and convenience food uses; and WHEREAS, LOVE 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 CR 137 and nearby the 1-94 freeway interchange; and WHEREAS, Wright County and CITY both require a Traffic Study be completed prior to LOVE making application to CITY for the proposed land 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 LOVE being permitted to make an application to 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 $6,000.00; and WHEREAS, CITY requires an escrow by LOVE in the amount of $10,000.00 prior to application to cover the estimated costs of the Traffic Study, and to reimburse the CITY for any costs incurred prior to application, including but not limited to CITY engineering, planning and legal costs; and WHEREAS, LOVE 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. LOVE 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 LOVE with a final billing statement indicating payments made regarding the Traffic Study and related issues, or periodic statements if specifically requested by LOVE. 4. In the event that the initial escrow amount is fully utilized, LOVE 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 application for use of the property by LOVE and to determine the scope and extent of traffic issues prior to application. LOVE undertakes the Traffic Study and any CITY incurred'related costs at its own risk. LOVE 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 or 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, the extent of which and the specifics of which are unknown at this time, except in generic form, by either CITY or Wright County. LOVE will not represent that the undertaking of this Preliminary Study confers any rights by LOVE related to the subject property. 7. LOVE 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: V I-( 10 1 LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. 2�kBy:c Its Mpik SAA of Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk