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
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