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
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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.
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Joshua Maus, PE (AIN), PTOE
Principal
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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.
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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