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RESOLUTION NO. 3 7 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN LES SCHWAB INC, AMERCO REAL ESTATE
COMPANY, AND THE CITY OF AUBURN REGARDING
MODIFICATIONS TO THE 'F' STREET SIGNAL FOR
PROJECT NO. C1014A AUBURN WAY SOUTH SAFETY
IMPROVEMENTS
WHEREAS, the City of Auburn is engaged In various municipal functions,
including Traffic Management; and
WHEREAS, in pursuit thereof, the City has received a Hazard Elimination Safety
(H.E.S.) grant in the amount of $833,100 for improvements along Auburn Way South to
include rechannelization, widening for an additional lane between ID' Street SE and 6th
Street SE, and a new signal at IF' Street SE; and
WHEREAS, current design for those improvements includes a three-legged,
signalized intersection at IF' Street SE and Auburn Way South, near the businesses of
U-Haul Company at 917 Auburn Way South, Auburn, WA 98002, and Les Schwab Tire
Center at 903 Auburn Way South, Auburn, WA 98002; and
WHEREAS, Les Schwab Inc., representing Les Schwab Tire Center, and
AMERCO, representing U-Haul Company, have requested incorporation of a fourth leg
of the intersection into the project plans for the sole benefit of Les Schwab Inc. and
AMERCO; and
WHEREAS, the City is willing to enter into an agreement, for the benefit of Les
Schwab Inc. and AMERCO, to modify the current design; construct the fourth leg of the
intersection; and own, operate and maintain the completed traffic signal; and
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Resolution No. 3713
April 6, 2004
Page 1
WHEREAS, Les Schwab Inc. agrees to provide certain funds necessary to
modify the current design, obtain agency approvals, and construct the fourth leg of the
intersection; and
WHEREAS, AMERCO agrees to provide easements to the City as necessary for
the City to construct, operate and maintain the signal; and
WHEREAS, in order to accomplish the project in light of the above, the City has
negotiated a contract with Les Schwab Inc. and AMERCO for their participation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute an
agreement between Les Schwab Inc., AMERCO Real Estate Company, and the City of
Auburn regarding modifications to the IF' Street Signal, as a part of the Auburn Way
South Safety Improvement, Project No. C1014A, in substantial conformity with the
Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
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Resolution No. 3713
April 6, 2004
Page 2
Dated and Signed this 19~ day of /J¡rt ( ,2001-.
CITY OF AUBURN
~~
PETER B. LEWIS
MAYOR
ATTEST:
~~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Resolution No. 3713
April 6, 2004
Page 3
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AGREEMENT BETWEEN LES SCHWAB INC, AMERCO REAL ESTATE
COMPANY, AND THE CITY OF AUBURN REGARDING MODIFICA nONS
TO THE F-STREET SIGNAL FOR PROJECT NO. C1014A AUBURN WAY
SOUTH SAFETY IMPROVEMENTS
THIS AGREEMENT is entered into this ~ay of ~ ,200 </, between
the City of Auburn, a Washington municipal corporation, locate and doing busmess at 25 West
Main Street, Auburn, W A 98001 (the City), Les Schwab Tire Centers of Washington, Inc.,
located at PO Box 667, Prineville, OR 97754 (Les Schwab Inc.) and AMERCO Real Estate
Company located at 2727 N. Central Avenue, Suite 500-North, Phoenix, AZ 85004
(AMERCO).
A. RECITALS
WHEREAS, the City has received a $833,100 Hazard Elimination Safety (H.E.S.) grant
for improvements along Auburn Way South to include rechanne1ization, widening for an
additional lane between 'D' Street SE and 6th Street SE, and a new signal at F Street SE;
WHEREAS, the project is identified as project number C1014A Auburn Way South
Safety Improvements;
WHEREAS, the City has enlisted consultant services to design the improvements;
WHEREAS, current design includes a three-legged, signalized intersection at F-Street SE
and Auburn Way South, near the businesses of U-Haul Company at 917 Auburn Way South,
Auburn, WA 98002 and Les Schwab Tire Center at 903 Auburn Way South, Auburn, WA
98002;
WHEREAS, Les Schwab Inc. representing Les Schwab Tire Centers and AMERCO
representing U-Haul Company have requested incorporation of a fourth leg of the intersection
into the project plans for the sole benefit ofLes Schwab Inc. and AMERCO;
WHEREAS, the City is willing to enter into an agreement, for the benefit of Les Schwab
Inc. and AMERCO, to modify the current design, construct the fourth leg of the intersection, and
own, operate and maintain the completed traffic signal;
WHEREAS, Les Schwab Inc. agrees to provide certain funds necessary to modify the
current design, obtain agency approvals, and construct the fourth leg ofthe intersection;
WHEREAS, AMERCO agrees to provide easements to the City as necessary for the City
to construct, operate and maintain the signal.
NOW, THEREFORE, in consideration of the recitals contained herein and in order to
design and construct the proposed intersection modifications, IT IS HEREBY AGREED AS
FOLLOWS:
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B. THE CITY OF AUBURN'S ROLE IN MODIFICATIONS TO THE
F -STREET SE AND AUBURN WAY SOUTH INTERSECTION
The City of Auburn agrees:
1. To design and construct an Auburn Way South west-bound left turn pocket at F-
Street SE with protected, signalized entry into the AMERCO and Les Schwab Inc. sites. The
currently proposed median at this location will be extended southeast on Auburn Way South
as necessary to create a "zero net increase in impervious surface".
2. To design and construct a fourth, signalized approach to the current intersection at
F Street SE, centered on the "F" Street SE centerline. The approach will be approximately 30
feet wide and 40 feet long, measured from the south curb face of Auburn Way South. Curbs
will be constructed as a "street type" curb cut rather than a commercial driveway approach,
with 35-feet corner radii terminating at the radius returns.
3. To develop right-of-way plans and legal descriptions where easements are
required for City maintenance of signal equipment. Easements are to be provided at no cost
to the City.
4. To evaluate and address drainage within City right-of-way and City easement
areas.
5. To design and construct a crosswalk across the new intersection approach. All
other proposed crosswalks will remain.
6. To serve as the contracting agent for all activities associated with design, bidding
and construction. The City will utilize its staff resources or professional services as
determined by the City to be appropriate for the implementation of the project. Direction to
the consultant and contractor shall be through the City. The City shall follow normal
contracting rules, procedures, and standards as commonly accepted by the public works
industry, except as might be modified by this Agreement.
7. To own, operate and maintain the traffic signal upon completion of the project.
C. LES SCHWAB INC.'S ROLE IN MODIFICATIONS TO THE
F -STREET SE AND AUBURN WAY SOUTH INTERSECTION
Les Schwab Inc. agrees:
1. To secure all easements with AMERCO to permit access by Les Schwab Inc.
clientele across the AMERCO property and onto the Les Schwab Tire Center site by May 31,
2004.
2. To assume all private on-site improvement costs in a separate agreement with
AMERCO to modify current parking layout, circulation, or drainage in order to access and
use the proposed intersection.
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3. To allow reasonable access to the City and its consultants for the purposes of site
surveying, investigations, or other information gathering.
4. To allow the City to restrict the Les Schwab Tire Center site, located at 903
Auburn Way South, to one access, not including the signalized intersection.
5. To contribute funds to the City in the amount of $98,000 for the design,
management and construction of the intersection modifications. Les Schwab Inc. shall
transfer funds for the full amount to the City within 10 business days of this agreement's
execution. See Section E, Project Costs and Funding, for further description of financial
arrangements.
D. AMERCO REAL ESTATE COMPANY'S ROLE IN MODIFICATIONS TO
THE F -STREET SE AND AUBURN WAY SOUTH INTERSECTION
AMERCO Real Estate Company agrees:
1. To donate easements, for the benefit of the City and at no cost to the City or Les
Schwab Inc., for purposes of installing and maintaining the signal and associated signal
equipment. AMERCO must provide the easement to the City and record it with King County
Office of Records and Elections by May 31, 2004.
2. To assume all private on-site improvement costs in a separate agreement with Les
Schwab Inc. to modify current parking layout, circulation, or drainage in order to access and
use the proposed intersection.
3. To allow reasonable access to the City and its consultants for the purposes of site
surveying, investigations, or other information gathering.
E. PROJECT COSTS AND FUNDING
I. "Additional Project Costs" include project management, design engineering,
construction, permitting, inspection, contract administration services and other miscellaneous
cost items to modify and construct a fourth intersection approach at F -Street SE as described
above. These costs may include City of Auburn, Washington State Department of
Transportation and other agency expenses and will not be individually tracked from costs to
the overall project C1014 Auburn Way South Safety Improvements. As such, the following
estimates and assumptions serve as the basis for the $98,000 in additional project costs:
$39,500 The amount for consultant design services that Les Schwab Inc.
agrees to pay the City. In the event that the project is not constructed or
consultant design fees are lower than shown here, the City agrees to return,
without interest, any remaining funds associated with this effort.
$9,000 The amount for City project management, engineering, and
surveying services, including the Washington State Department of Transportation
services that Les Schwab Inc. agrees to pay the City. In the event that the project
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is not constructed or City project management, engineering, and surveying
expenses are lower than shown here, the City agrees to return, without interest,
any remaining funds associated with this effort. The City's project management,
engineering, and surveying expenses will then be calculated proportional to the
consultant design costs used.
$45,000 The amount of the construction contract that Les Schwab Inc.
agrees to pay the City. If the project is constructed, the City will not return any
portion of these funds. In the event that the project is not constructed, the City
agrees to return, without interest, the entire amount of funds associated with this
effort.
$4,500 The amount for construction inspection services that Les Schwab
Inc. agrees to pay the City. If the project is constructed, the City will not return
any portion of these funds. In the event that the project is not constructed, the
City agrees to return, without interest, the entire amount of funds associated with
this effort.
F. COORDINATION EFFORTS BETWEEN LES SCHWAB INC, AMERCO
REAL EST A TE COMPANY AND THE CITY OF AUBURN
1. The City, Les Schwab Inc. and AMERCO will designate project coordinators who
will conduct routine project coordination. The representatives and advisors will work to
minimize areas of dispute, and to resolve issues as they arise and, as far as possible,
minimize the need for recourse to dispute resolution provisions of this Agreement.
2. The City will make reasonable efforts to coordinate design and construction
issues at the F -Street SE intersection, as required, to produce safe and effective transitions
between City-constructed and private-constructed improvements.
G. ADDITIONAL AGREEMENT PROVISIONS
1. Termination. This agreement shall terminate on the date of construction physical
completion.
2. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the State of Washington. If any dispute arises between the parties under any
of the provisions of this agreement, resolution of that dispute shall be available exclusively
through the jurisdiction and venue of the King County Superior Court, King County,
Washington.
3. Modification. No waiver, alteration, or modification of any of the provisions of
this agreement shall be binding unless in writing and signed by a duly authorized
representative of each party.
4. Severability. If anyone or more sections, subsections or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
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of the remaining portions of this agreement and the remainder shall remain in full force and
effect.
5. Indemnification. Washington State law shall govern the respective liability
between the parties to this Agreement for any loss due to property damage or injury to
persons arising out of the activities conducted pursuant to this Agreement. To the extent
allowed by law, each party shall defend, indemnify and hold harmless the other party, its
elected officials, employees and agents from and against any and all suits, claims, actions,
losses, costs, expenses of litigation, attorney's fees, penalties, and damages of whatsoever
kind or nature arising out of, in connection with, or incident to any act of omission of the
party, it's employees, agents, and contractors in the exercise of the rights granted and
conveyed to the party by this agreement. This indemnification obligation shall include, but is
not limited to, all claims against the other party by an employee or former employee of the
party or its contractors and, as to such claims, the party expressly waives, as respects the
other party only, all immunity and limitation of liability under Title 51 RCW.
6. Dispute Resolution. Should a dispute arise between the participants regarding the
technical aspects and/or a decision related to the management of the project, the project
coordinators will attempt to narrow the issue in dispute for consideration by the City
Engineer and respective business owner representatives. The City Engineer and respective
business representatives will determine if the dispute may be resolved by mediation.
7. Costs to Prevailing Party. In the event of such litigation or other legal action, to
enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties
shall be entitled to receive its reasonable costs and attorney's fees.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
effective the day and year first set forth above.
CITY OF AUBURN
LES SCHWAB, INC.
~~'V:;'"
Peter . Lewis, Mayor
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Richard B. B~an,
Senior Execu e V lee PresIdent
Les Schwab Tire Centers of Washington, Inc.
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Danielle E. Daskam, City Clerk
A ERCO Real Estate ompany
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