[Council Communication]  [Cooperative Improvement Agreement]

Council Communication

Title:	Approval in Concept of Highway 66/Ashland Street Project
Dept:	Public Works Department
Date:	December 18, 2001
Submitted By:	Paula Brown
Reviewed By:	Paul Nolte
Approved By:	Greg Scoles

Synopsis:	On August 8, 2001, staff updated Council on options for Highway 66 / Ashland Street from Siskiyou Boulevard south to Faith Avenue. Currently, Highway 66 is under the Oregon Department of Transportation's (ODOT) jurisdiction as a district level highway. This section of the highway between Siskiyou Boulevard and Faith Avenue has been included as an ODOT access management grant project. ODOT has drafted an agreement between ODOT and the City to proceed with funding this project (attached). The current design concept for the project includes raised median islands at two or three locations, adjusting and if appropriate combining a few driveway accesses to improve the adjacent sidewalks, and provide better pedestrian crossings at several locations including potential traffic calming measures. The project elements include design and construction of access management improvements which include, but are not limited to; concrete driveways, sidewalks, raised median, striping, paving, signage, landscaping and irrigation. In total, ODOT is offering the City $450,000 for a completed project in which funds must be expended by April 30, 2003.
Recommendation:	Staff recommends that Council: 1.) Accept the attached ODOT agreement and authorize the Mayor and City Recorder to sign the agreement. 2.) Direct staff to move forward with an expedited design and construction schedule. 3.) Accept staff's recommendation to utilize the current Siskiyou Boulevard Citizen Design Committee (BCDC) members and added community business members to include Bill Cobb (State Farm); Tim Simonson; Randy Watt (Good Times); Steve Meister; and Dennis Sweet as the Ad Hoc group. 4.) Direct staff to negotiate a change order with W&H Pacific so that the design of the Ashland Street project is completed as a change to W&H Pacific's current Siskiyou Boulevard Project. 5.) Direct staff to incorporate the construction of this project as a part of the overall Siskiyou improvements so that it is completed by April 30, 2003.
Fiscal Impact:	The City is agreeing to obtain grant funds from ODOT in the amount of $450,000. The project must be completed and billed to ODOT prior to April 30, 2003. Any work completed on this project after the April 30, 2003 deadline would be project costs borne by the City. Although there are implications of potential jurisdictional exchange, these are to be agreed through a separate and fully negotiated agreement with ODOT in the future.
Background:	There have been several different studies and evaluations completed for Highway 66 / Ashland Street for the section from Siskiyou Boulevard south to the City limits which is under the Oregon Department of Transportation's (ODOT) jurisdiction as a district level highway. Staff requested ODOT's assistance in determining the eligibility for an access management grant for the section of Ashland Street between Siskiyou Boulevard to the beginning of the railroad bridge (just past Faith Avenue) as there have been pedestrian accidents and higher traffic speeds on this section. ODOT helped the City develop a project outline and submitted the project for grant funding. The grant has been approved and ODOT is willing to proceed with funding a project to provide median islands in a few locations, adjust if appropriate a few current accesses onto Highway 66, and provide better pedestrian crossings at three locations for a cost of $450,000. Specifically called out in the agreement proposed by ODOT, the project perimeters include: "… the purpose of providing acceptable traffic patterns on public highways, ODOT and City plan and propose to design and construct access management improvements which include, but are not limited to; concrete driveways, sidewalks, raised median, striping, paving, signage, landscaping and irrigation, …" The detailed parameters of the project's design are not yet established and need to begin immediately. The concept is to improve this section of Ashland Street so that it be improved for Ashland's benefit to include median islands in appropriate locations and have better pedestrian crossings to improve safety conditions. Staff is proposing to develop a final concept plan with the help of an Ad Hoc citizen group that would include the current Siskiyou Boulevard Citizen Design Committee (BCDC) and additional business owners including: Bill Cobb (State Farm); Tim Simonson; Randy Watt (Good Times); Steve Meister; and Dennis Sweet. Although these individuals would be involved with the details of the design concept, staff will ensure inclusion of the whole community through an open process. The design will be fast-tracked, with kick-off meetings as early as the week of December 17th. Conceptual design (30%) will be completed by early February with final design following by the first part of May so that construction can be scheduled with the Siskiyou Project in early July 2002. As shown in the recommendations to Council, staff is proposing to add this scope of work to the current design team for the Siskiyou project headed by W&H Pacific. This allows a streamlined project and will link some of the design concepts that are being utilized on the Boulevard. This will also ensure timely completion of the project's design and coordination during construction. As a part of the agreement, ODOT is stipulating that the "City agrees to enter into negotiations with ODOT to transfer jurisdiction of …OR 66 from MP 0+00 to MP 0.76 … to the City. Such transfer shall occur by way of a separate Abandonment Agreement between the parties." As with most improvement projects, ODOT is moving toward having the local jurisdiction (Cities and Counties) agree to take jurisdiction and all future maintenance of district level highways so that ODOT can concentrate on their primary Highway needs (I-5). None of the details have been discussed. Staff will cooperate and in negotiating the agreement and ensure all of the maintenance details are fair before bringing the proposal to Council for consideration.

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December 11, 2001 Misc. Contracts & Agreements
No. 20309  Key Number 12019; EA K0021

COOPERATIVE IMPROVEMENT AGREEMENT
Highway 66 Access Management Project

THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "ODOT; and City of Ashland, acting by and through its City Council, hereinafter referred to as "City".

RECITALS

1. Green Springs Highway No. 21 (OR 66) is a part of the state highway system under   the jurisdiction and control of the Oregon Transportation Commission.

2. By the authority granted in ORS 190.110, 366.770 and 366.775, ODOT may enter into cooperative agreements with the counties and cities or units of local government for the performance of work on certain types of improvement projectswith the allocation of costs on terms and conditions mutually agreeable to the contracting parties

3. By the authority granted in ORS 810.210, ODOT is authorized to determine the character or type of traffic control devices to be used, and to place or erect them upon state highways at places where ODOT deems necessary for the safe and expeditious control of traffic. No traffic control devices shall be erected, maintained, or operated upon any state highway by any authority other than ODOT, except with its written approval. Traffic signal work on this Project will conform to the current ODOT standards and specifications.

NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the parties hereto as follows:

TERMS OF AGREEMENT:

1. For the purpose of providing acceptable traffic patterns on public highways, ODOT and City and plan and propose to design and construct access management improvements which include, but are not limited to; concrete driveways, sidewalks, raised median, striping, paving, signage, landscaping and irrigation, hereinafter referred to as "Project". The location of the Project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof.

2. The Project shall be conducted as a part of the Access Management Bonding Program. The total estimated cost of the Project is $450,000. City shall be responsible for any portion of the Project that is not covered by State Access Management funds.

3. The term of this agreement shall begin on the date all required signatures are obtained and shall terminate upon Project completion and final payment. The Project shall be completed by and final billing submitted by April 30, 2003.

CITY OBLIGATIONS

1. City shall design and construct Project to ODOT Highway Design Manual standards, the AASHTO Policy on Geometric Design of Highways and Streets, 2001, and the 1999 Oregon Highway Plan for a District Level Highway, urban standards, and all other appropriate ODOT standards.

2. City shall provide 3 copies of the plans and specifications to ODOT's Area Manager for review and comment at least 6 weeks prior to the date that bidding plans are due to be advertised.

3. City, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specification and cost estimates; obtain all required permits; arrange for all utility relocations or reconstruction; perform all construction engineering, including all required materials testing and quality documentation; prepare all bid documents; provide project management services, and other necessary functions for sole administration of the contract.

4. City shall advertise and award all contracts, and pay all contractor costs.

5. City ensures that ODOT's contribution of Project costs, not to exceed $450,000 will be applied to the Highway 66 Access Management Project only. City shall be responsible for funding the remaining Project costs.

6. City shall keep accurate cost accounting records. City shall prepare and submit progressive itemized billings to ODOT's Area Manager for review and approval quarterly (every three months) during the Project timeframe, with a final billing no later than April 30, 2003. Such billings shall reference this IGA number, an invoice number, the Project's key number, and be in a form acceptable to ODOT and documented in an easily verified manner.

7. City agrees to enter into negotiations with ODOT to transfer jurisdiction of Greensprings Highway No. 21 (OR 66) from MP 0+00 to MP 0.76 from ODOT to the City. Such transfer shall occur by way of a separate Abandonment Agreement between the parties.

8. City shall enter into and execute this agreement during a duly authorized session of   its City Council.

9. City agrees that should any environmental or land-use issues arise at any time during the development or construction of the Project, ODOT may, at its discretion and when exercised in good faith, suspend payments until it is satisfied that the issue has been resolved. However, City may use its own funds to continue the Project and shall be reimbursed once ODOT is satisfied that the issue has been resolved.

10. City agrees and understands they or their consultant shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, if right-of-way acquisition is necessary. Compliance with said act is also required for any public right-of-way donated to the City.

11. City or its consultant shall acquire all necessary rights-of-way according to State  Right of Way Manual, Chapter 13, Policy 13.200. Certification of right-of-way acquisition work, or that no additional right-of-way was needed must be made by the City (or on behalf of its consultant) doing the work. The certification form shall  be routed through the Region Right of Way Office for co-signature and possible audit. If City elects to have ODOT perform right-of-way functions, a separate agreement shall be executed between the City and ODOT right-of-way, referencing this agreement number.

12. City, its consultants or subcontractors, if any, and all employers working under this agreement are subject employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers, unless such employers are exempt under ORS 656.126. City shall ensure that each of its contractors complies with these requirements.

13. City acknowledges and agrees that ODOT, the Secretary of State's Office of the State of Oregon, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of City which are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of three years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by ODOT.

14. City shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312,279.314,279.316, 279.320 and 279.555, which hereby are incorporated by reference. Without limiting the generality of the foregoing, City expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

ODOT OBLIGATIONS

1. ODOT shall, at its own expense, assign a liaison person to monitor work performed. ODOT shall review all environmental documents, project plans, specifications, and cost estimates prepared by City or its consultants within 20 working days of submittal by City and before advertisement of construction bids.

2. After the completion of the Project and upon receipt of progressive billings, ODOTshall reimburse City a sum in an amount not to exceed $450,000 for the actual costs of PE, right-of-way, CE and construction costs.

3. ODOT's assigned liaison person is Monte Grove, 200 Antelope Road, White City, OR, 97503, 541-774-6353.

GENERAL PROVISIONS

1. ODOT and City agree that a mutual review of the construction plans will be conducted prior to advertisement for construction bid proposals.

2. This agreement may be terminated by mutual written consent of both parties.

3. ODOT may terminate this agreement effective upon delivery of written notice to City, or at such later date as may be established by ODOT, under any of the following conditions:

a. If City fails to provide services called for by this agreement within the time specified herein or any extension thereof.

b. If City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performanceof this agreement in accordance with its terms, and after receipt of written notice from ODOT fails to correct such failures within 10 days orsuch longer period as ODOT may authorize.

c. If ODOT fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided inthe agreement.

d. If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if ODOT is prohibited from paying for such work from the planned funding source.

Any termination of this agreement shall not prejudice any rights or obligations accrued to the parties prior to termination.

4. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, orrepresentations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of ODOT to enforce any provision of this agreement shall not constitute a waiver by ODOT of that or any other provision.

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written.

This Project was approved by the Oregon Transportation Commission on January 10, 2001.

The Oregon Transportation Commission on March 18, 1999, approved Subdelegation Order No. 2 in which the Director grants authority to the Executive Deputy Director/Chief Engineer to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program or is a line item in the approved biennial budget.

Signature Page:

CITY OF ASHLAND, by and through its City Council Approved as to legal sufficiency by City Attorney

STATE OF OREGON, by and through its Department of Transportation Approval recommended by Region 3 Manager Approved as to legal sufficiency by Assistant Attorney General

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