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HomeMy WebLinkAbout3713 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 ----------------- 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. ----------------- 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: ----------------- Resolution No. 3713 April 6, 2004 Page 3 .--> ~ 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: Page 1 of 6 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. Page 2 of 6 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 Page 3 of6 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 Page 4 of6 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. Page 5 of 6 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 ../' ~--,. \dJ~_ Richard B. B~an, Senior Execu e V lee PresIdent Les Schwab Tire Centers of Washington, Inc. ---., 2I ~WxdAJd:ø- Danielle E. Daskam, City Clerk A ERCO Real Estate ompany Name' I \/' P 'd TitlÞ'ar OS y IZCarra, resl et Il '------ Page 6 of6