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16-037.00 Pinecroft: Mirabeau Traffic StudyAGREEMENT TO PARTICIPATE IN A TRAFFIC STUDY Pinecroft, LLC This Agreement To Participate In a Traffic Study ("Agreement") is entered into between Pinecroft, LLC, its successors ,and, assigns ("Developer"), a Washington corporation, having offices at 12310 East Mirabeau Parkway, Spokane Valley, WA 99216, and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties": RECITALS 1. This Agreement is entered into by the Parties pursuant to the City's general authority to contract pursuant to RCW 35A.11.010, and is not done pursuant to RCW 36.70B.170-210 and RCW 82.02.020, to conduct a Mirabeau Subarea Traffic Study (Study) to analyze the transportation system capacity including impacts from current public infrastructure projects and future private development projects. This Study shall not bind the Developer to any future agreements or traffic mitigation. 2. The Study area is generally bounded by Trent Avenue on the north, Pines Road on the west, Interstate 90 on the south, and Sullivan Road on the east. The detailed description of work and cost of the analysis is shown on Exhibit A (Scope of Work and Budget Estimate prepared by FEHR & PEERS). 3. Developer is the owner/developer of certain real property generally located within an area bounded by Pines Road to the west; Trent Avenue to the northwest; the Spokane River to the north and east; and Indiana Avenue to the south as shown on Exhibit B (herein collectively referred to as "Property"). 4. There are a total of 149.54 acres of undeveloped land in the Study area. Three property owners own most of the undeveloped land within the Study area. The Property consists of 52.9 acres of undeveloped land and equates to 35.4 percent of the total undeveloped land within the Study area. 5. The City is currently working on its legislative Comprehensive Plan Update. As part of the update, the City is reviewing the existing transportation system capacity which identified the Study area as having significant development potential. To streamline the permitting process and encourage economic development, the Study aims to identify possible traffic impacts resulting from future development. 6. The City completed the construction of the physical connection of Mansfield Avenue between Pines Road and Mirabeau Parkway. Previously this section of roadway consisted of two dead-end roads that did not provide for through -traffic between Pines Road and Mirabeau Parkway. 7. The Property is currently undeveloped, but the Developer has an established binding site plan (BSP -03- 03) that is partially developed. The Study shall project future traffic volumes based on the new development being consistent with existing development trends and coordination with Property owner on type of future development they anticipate occupying the Property. 8. The total cost of the Study is anticipated to be $50,000. The City shall pay for 50 percent of the Study cost, or up to $25,000. The remaining Study cost shall be divided up between the three private property owners. Their contribution to the Study shall be allocated based on their percentage of undeveloped land within the study area. 9. The Developer's share of the Study cost is $8,843.79 which is 35.4 percent of $25,000.00. 10. This Agreement is consistent with the Comprehensive Plan, the applicable development regulations, and the adopted 2015 Council Goals. 11. This Agreement provides for the voluntary payment of a proportionate share of the Study which will identify future traffic impacts associated with the development of the Property. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Developer and the City hereto agree as follows: 1. Purpose. This Agreement establishes the shared costs for the Developer and City for the Study. 2. Voluntary Agreement. This Agreement, including all attached documents, is a voluntary agreement pursuant to the City's general authority to contract pursuant to RCW 35A.11.010, and is not done pursuant to RCW 82.02.020 and RCW 36.70B.170-210. The Developer's contribution is proportional to the amount of vacant land owned by the Developer within the Study area. In the event this Agreement is breached by the .Developer, all of the City's . obligations .under this Agreement shall terminate. In the event this Agreement is determined by a court to be invalid, the City shall refund the unexpended portion of the contribution, and the City's obligations under this Agreement shall terminate. 3. Study. The Study shall analyze the transportation system capacity of the Study area, including impacts from current public infrastructure projects and future private development projects. The Study shall be used to identify likely development -related infrastructure impacts within the Study area if full buildout were to occur. The Study area shall be as identified in Exhibit A. 4. Developer Contribution. The Developer shall pay $8,843.79 as its contribution towards the Study. 5. Payment. The Developer shall pay all of the above -identified contribution within 30 days of executing this Agreement. 6. City Contribution. The City shall pay for 50% of the Study cost, or up to $25,000.00. The City agrees to pay for any additional cost for the study associated with additional scope or analysis that is directed by the City. The City shall begin the study upon execution of an agreement with each of the three participating property owners. 7. Payment to be held in reserve account. Payment collected by the City shall be held in a reserve account and may only be expended to fund the Study. The City shall be entitled to reimbursement from the reserve account for any funds it may expend for the Mirabeau subarea traffic study prior to the collection of the fee. 8. Notice. All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either: (a) Delivered personally; (b) Sent by facsimile transmission with an additional copy mailed first class; or (c) Deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: If to the City: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1008 Attn: City Manager If to the Developer: Pinecroft, LLC 12310 East Mirabeau Parkway Spokane Valley, WA 99216 9. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 10. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 11. Modifications. No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 12. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 13. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 14. Authority. Both Parties to this .Agreement represent ,and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. rlA, Executed this 1.5 day of STATE OF WASHINGTON ) ss. County of Spokane , 2015. On this/0y of t2e..e.e.„4914e.4..... 2015 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared dam 61. Agee,- a Sti5 e. /4,.. nee- to me known to be the /„."/ of /liter , the corporation that ex cuted the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. CITY WITNESS my hand and official seal hereto affixed the ORISSe 5NoN 01APk. Op WP5 VALLEY: • Mike Jackson, Ci/ anager AT Chris Bainbridge, City Clerk and year in this certificate above written. e. BLC, in and for the State of Washington, NOTARY residing My commission expires: co • / q. rq Printed Name , de/4117e e. mae.5 EXHIBIT A FEHR'' PEERS August 19, 2015 Sean Messner Senior Traffic Engineer Spokane Valley Public Works Department 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA Re: Updated Mirabeau Subarea Traffic Study and Impact Fee Program P15 -564 -SE Dear Sean: We are pleased to submit this proposal to prepare a subarea traffic study and develop a potential GMA compliant transportation mitigation program for the Mirabeau subarea in the City of Spokane Valley. Our proposed scope of work and estimated budget is outlined in Attachment A. In summary, we anticipate being able to deliver a final study and transportation mitigation table for $50,000 (which translates into approximately 350 labor -hours) and within 8 weeks of receiving written notice to proceed. Please let me know if you have any questions. Sincerely, FEHR & PEERS Chris Breiland Principal 10014$ Avenue, Suite 4120, Seattle WA 98154 (206) 576-4220 Fax (206) 576-4225 www.fehrandpeers.com Sean Messner August 18, 2015 Page 2 of 5 FEHR 'S' PEERS ATTACHMENT A: SCOPE OF WORK AND BUDGET ESTIMATE .SCOPE OF WORK Task 1 — Existing Conditions Analysis/Identify Existing Deficiencies We will collect PM peak hour traffic counts and use Synchro/SimTraffic to analyze traffic operations at the 21 study intersections shown in the map below. Spokane Valley currently has traffic counts at seven of the locations shown in the map. It is anticipated that SimTraffic will be used to analyze the closely -spaced intersections near the ramp terminals to accurately capture the traffic conditions in these more congested areas. We plan on utilizing, to the extent feasible, existing City Synchro networks that cover all the interchange areas to increase efficiency. Based on the results of the existing conditions analysis, existing deficiencies will be identified. Potential improvements will be identified to correct existing deficiencies and meet the City's LOS standard. We will identify the lowest -cost improvement available to correct the deficiency. The draft list of deficiencies and improvement projects will be shared with City staff for review and comment. HL1a0rnpA N M E 4c5+nA5< 5'5 i.aP55155,t • ECt51AA,e th., suiiey 1'• Ls Salts *ice 0.1 051 C51 0 [[455.515 ZrS G� S E,;y�00 4515t5 Ave C,ayeM ( 4E11 f4:,AF.<1 Z k1.,MHan <a= 6. Pry' Sg1A,. ®® EN$' tre EHYuESb An SpiOane Ja Icy A,rtebee's n 1 s 5t .... - [CnuxA,e C CeS555 Are Y5f0A,e 0 5 a C A15.5 on Ave [55145.55 E51AgAh.. CCeunel Ave ECaulHA, fiksmeiMe CCau0SA, C.:Alio Ave 9 EInbS=Al= 8.41013W1f 1.55515 Ibtby WA, n !•G _.-'y., Sp11„:: 3 '��':A Bn1ENi AGvonh l• y� LbuYn[n 85,2551.4,5 55555 (555 045 C51wpAvt CO5u<Arc - E0.5555 An ESAA551e ECa5Y 5550 sella., ra C10 50554 E45Ee5505 15050 J�CvinNbn Cmin N'H5n1S5me 1500=50 Sean Messner August 18, 2015 Page 3 of 5 FEHRtPEERS We will review the existing Pines -Mansfield development agreements to identify PM peak hour trips that are already allocated to parcels within the sub -area. We will coordinate with Spokane Valley Staff to obtain pertinent development agreements, PM peak hour trip allocations and calculations, and the most current PM peak hour tracking spreadsheet. The trips allocated through these agreements impact some of the study intersections. Deliverables: New PM peak hour traffic counts at all intersections, new consolidated Synchro network, LOS table highlighting deficiencies, draft improvement projects, draft improvement project costs. Cost: $3,000 traffic counts; $7,000 labor = $10,000 Task 2 — Future Conditions Travel Model Development We will work with Spokane Valley Staff to determine a reasonable future year for this analysis. To maintain maximum compatibility with the Comprehensive Plan Update, we recommend a 2040 horizon year. However, there are some tradeoffs when identifying a long-term horizon year for an impact fee program, as the pace of development and ultimate project needs are less clear compared to a nearer -term time horizon (for example 2030). We can also discuss the potential to assume a "hybrid" scenario that assumes near build -out within the subarea and Tess extensive development elsewhere in the City and region. This scenario has the advantage of providing maximum flexibility for approving future projects within the subarea. With the future year scenario identified, we will update the SRTC travel model to include appropriate development levels within and outside of the subarea boundaries. We will develop the forecasts outside of the subarea based on linear interpolation between the SRTC base year and 2040 land use forecasts in the SRTC travel model. Inside the subarea, we will work with City staff to identify an appropriate level of land use. For the purposes of budgeting, we assume that a 2040 horizon will be used with a refined set of land uses within the subarea. Deliverables: Updated travel model. Cost: $6,000 Task 3 — Future Year Traffic Operations Analysis and Capital Project List With the future year model developed, we will use the Synchro/SimTraffic model from Task 1 to evaluate future year traffic operations. In addition to the 21 intersections shown in the prior map, we assume that up to four additional intersections internal to the subarea will also be evaluated. Based on the results of the traffic operations analysis, we will develop a draft set of mitigation measures required to meet the City's LOS standard. In some cases, we anticipate that there will be several options to address capacity needs. We will review these projects with City staff. Once an approved set of mitigation measures is defined, we will develop planning -level cost estimates using Sean Messner August 18, 2015 Page 4 of 5 FEH R'S' PEERS standard cost estimating data sources (WSDOT data, any recent Spokane Valley bid tabulations, etc.). Deliverables: 2040 Synchro file, LOS table, draft list of mitigation measures, cost estimates for mitigation measures, draft Capital Project List. Cost: $13,500 Task 4 — Calculate Eligible Project Costs We will calculate the eligible project costs for all the improvements on the Capital Project List. Eligible costs exclude costs to correct an existing deficiency and costs related to growth outside of the subarea. Deliverables: Eligible project cost table. Cost: $2,000 Task 5 — Proportionate Fair Share Calculations Using the future year travel model, we will calculate new development's proportionate fair -share of traffic growth for the improvements in the Capital Project List. Typically, we group similar projects by geography to reduce modeling complexity, but some of the more expensive projects warrant an independent analysis. For the purposes of budgeting, we assume that up to 10 fair -share calculations will be performed. Deliverables: Fair -share calculation results table. Cost: $2,000 Task 6 — Develop Transportation Mitigation Table Based on the eligible project cost calculations and the total PM peak hour vehicle trip growth in the subarea, we will calculate a transportation mitigation cost element per PM peak hour trip. Using this cost per trip, we will develop a transportation mitigation rate table that is based on ITE land use categories that are likely to develop within the subarea. Deliverables: Draft rate table. Cost: $2,500 Sean Messner August 18, 2015 Page 5 of 5 Task 7 — Draft and Final Report FEHR 'PEERS We will document our analysis approach and results in a draft and final report that will serve as the Transportation Mitigation Rate Study. The draft report will include a comparison of the transportation mitigation rate to rates in up to 15 other cities in Washington. We will respond to two sets of consolidated comments on the draft report, assumed at 8 hours of staff time. Deliverables: Draft and final reports. Cost: $9,000 Task 8 — Meeting/Phone Calls Over the course of the projects, we anticipate one in-person meeting and weekly phone calls to keep staff up to date on progress and resolve questions that arise. Cost: $5,000