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Council Communication

Title:	Resolution Authorizing Agreement No. 707 - Abandonment Agreement for Unit I Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.76 (Ashland Street from Siskiyou Boulevard to Faith Avenue)
Dept:	Public Works Department
Date:	September 3, 2002
Submitted By:	Paula Brown
Reviewed By: ........................	Greg Scoles, City Administrator

Synopsis:	The Oregon Department of Transportation (ODOT) has approved and partially funded our project on Ashland Street through an access management grant that Council previously approved in June 2002. As a part of that agreement, ODOT staff and City staff have been negotiating an agreement for a jurisdictional transfer of this section of Ashland Street. The attached resolution has been drafted by ODOT and there may be a few minor changes for timing on receiving the ODOT jurisdictional exchange funding. Staff is asking for concept approval of the attached resolution to move forward with project funding for the Ashland Street section of the Siskiyou Boulevard and Ashland Street projects. In general, the agreement transfers jurisdiction of Ashland Street from Siskiyou Boulevard to the railroad overpass just south of Faith Avenue. ODOT is proposing to pay the City of Ashland $748,005 for this exchange. Currently, the agreement is written so that the State provides up to $423,600 after November 1, 2003 and the remaining $324,405 before November 1, 2004. Staff is working with ODOT on the timing of the funds to ensure that the current project is funded upon completion. To meet the City's needs, approximately $200,000 is needed by December 2002 when the Ashland Street project is scheduled for completion. That would leave $223,600 on November l, 2003, and the final $324,405 a year later on or before November 1, 2004.
Recommendation:	It is recommended that Council conceptually approve the attached resolution to enter into "Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.'76 (Ashland Street from Siskiyou Boulevard to Faith Avenue)" and direct staff to continue negotiations and once finalized, have the Mayor and Recorder sign the resolution.
Fiscal Impact:	The acceptance of the access management project funds requires that the City agree to discuss jurisdiction of the project area. This section is just over three-quarters of a mile on Ashland Street between Siskiyou and the railroad overpass. ODOT has an elaborate formula for maintenance costs within the project area. Included in this section is the need for an overlay, which was programmed by ODOT for FY07. Because a signal is programmed for the intersection of Ashland and Normal and is documented in the City's Transportation System Plan for 2008, ODOT has agreed to provide additional funding for that future signal project. ODOT looks at the jurisdictional exchange on a 20-year basis and brings all the costs to a present value cost. In general, staff is very pleased with the results of the jurisdictional exchange offer from ODOT. They have been fair with the City's needs, and realistic with the maintenance costs. The City plans to overlay this section during the current project, and if the funds are available at the completion of the project,similar to any reimbursement project, staff recommends Council accept the proposal. There has been concern that the City looses revenue of funds that are not received immediately upon transfer. If we look at costs of $223,600 to be received in one year (November 2003) instead of right now, at a rate of 2.4%, the City's revenue loss is $5,366 and if the remaining $324,405 won't be received for two years (November 2004), the additional loss is $15,575. Staff will discuss this with ODOT and see that the present value is calculated based on the month the funds are to be transferred.
Background:	Similar to the discussion regarding Siskiyou Boulevard (Highway 99), Ashland Street does not act like a state highway, but more like a city street. The Oregon Highway Plan requires ODOT to negotiate with local jurisdictions to transfer ownership on major improvements of state projects that affect local jurisdictions. The City has provided a certain level of maintenance along Ashland Street even though it has been a State District Level Highway. The City maintains the trees in the park row, provides snow removal and is the primary responder for storm drain concerns. The long-term maintenance costs have been fairly evaluated by ODOT and the jurisdictional exchange funds will provide a good source of revenue for the City. Additional Update on the Siskiyou / Ashland Street Projects: Staff has been aggressively reviewing cost for the Siskiyou Boulevard and Ashland Street Project. As you will recall, bids were opened on July 30, 2002 with LTM, Incorporated as the only bid response. LTM's bid was higher than anticipated at $5,275,973 and an initially identified funding shortfall of approximately $900,000. Staff has held several successful meetings and discussions with LTM to identify areas that appeared to be in conflict with anticipated costs and areas in which we might be able to adjust and save money without jeopardizing the integrity of the project. LTM has revised their bid schedules to address the following considerations: Striping -use standard street paint for all lane delineations. Continue to use the M&M durable (thermoplastic) product for all of the crosswalks, stop bars, bike lane stencils, and arrows. The City will provide a dumpsite for asphalt and concrete. Although the exact location is not yet determined, the longest haul would be to the Gun Club off Dead Indian Memorial Road. It is not intended that the site off Glenview be used to store concrete or asphalt from this project. The current potential site is the old Croman/LTM site off Mistletoe Road. Further discussions are necessary with Croman Corporation. LTM may crush the asphalt, and leave it in place under the road surface, but need to make sure that there is 12 inches of gravel base. The asphalt shall be removed from under any new median section. In addition to the current scope changes for staff, W&H Pacific and LTM will be discussing the changes to the landscape specifications. At this time it is proposed by the Landscape Architect (Mark Hadley) with concurrence from Parks (Donn Todt) to minimize the amount of top soil and possibly go to a smaller shrub size, but to maintain the size of the new trees and the amount of shrubs in the medians. These changes will be discussed and negotiated prior to the work in the medians. Staff has also had conversations with ODOT to identify new funding opportunities. ODOT has identified several areas to move forward with: Up to $155,311 for the Ashland Street Project ($100,000 is currently identified and there is a good potential for the other $55,311); An additional $100,000 in OTIA funds for the Intersection Project; $50,000 in Operations funds for the 4t~ to Walker Project; and Potentially a shift in one of the Ashland projects that was successful in making the 2006 STIP program, which would enable $247,000 to go toward the 4th to Walker Project. Staff had applied for four different STIP projects for the 2005-2008 program. None of the projects had counted on the state funds. One of the projects made it into the STIP program for 2006 - the Tolman / Siskiyou Intersection Improvements. The funding can be shifted to the 4th to Walker Street project and not impact the current Tolman Creek road project, nor will it impact the intersection improvements. Instead of getting "free" ODOT funds, the City will fund the Tolman Creek project through the LID, Street fees and transportation systems development fees as shown in the Capital Improvements Program. Incidentally, the first neighborhood meeting for the Tolman Creek project is scheduled for late September. A summary of these changes is shown below: ----------------------- ODOT's funding for the total package (including the Bus Shelter funds) and assuming all of the additional funding requests are met, is $3,944,311. The City's obligation is $1,583,919. With these calculations, staff has negotiated two contracts; the first for the Intersection (A), Ashland Street (C) and the Bus Shelters (D), and the second will be for the 4th to Walker Section. The first contract has been signed and LTM is scheduled to begin work the week of September 9th. They are anticipating being completed with Ashland Street by Thanksgiving. The second contract will be signed once the funding from ODOT is more definite and once the landscaping changes are quantified.

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DRAFT  ABANDONMENT AGREEMENT

Unit 1 Green Springs Highway No. 21 (OR Route 66) (to the City) City of Ashland

THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, hereinafter called "State", and the City of Ashland, a municipal corporation of the State of Oregon, by and through its City Officials, hereinafter called "City".

WI T N E SS ET H

RECITALS

1. Green Springs Highway No. 21 (OR Route 66) is under the jurisdiction and control of State.

2. Pursuant to ORS 373.010, whenever the route of any state highway passes through the corporate limits of any city, State may locate, relocate, reroute, abandon, alter, or change such routing when, in its opinion, the interests of the motoring public will be better served.

3. Pursuant to ORS 366.395, the State may relinquish title to any of its property not needed by it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State.

4. By agreement between the City and State, it is possible to eliminate from the state system a portion of the Green Springs Highway from Engineer's Station 0+00 (MP 0.00) to Engineer's Station 40+06.35 (MP 0.76). It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system; that the unit pass to and vest in the City of Ashland, and that Ashland maintain the unit as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby.

NOW THEREFORE, the premises being in general as stated in the foregoing

RECITALS, it is agreed by the State and City as follows:

TERMS OF AGREEMENT

1. In recognition of mutual benefits which will accrue to the residents of the State of Oregon and the City Ashland, and for the purpose of furthering the development of a State highway system adapted in all particulars to the needs of the people of the state of Oregon, State and City have determined that a jurisdictional transfer of right-of-way between the City and State within the City Limits of Ashland should be accomplished.

2. It is the purpose and plan of the parties hereto that Unit I be eliminated as a portion of the Green Springs Highway No. 21 (OF[ 66) and the state highway system as shown in Exhibit A, attached hereto and by this reference made a part thereof.

3. Jurisdiction, control and maintenance responsibilities of said unit shall pass to and vest in the City of Ashland. Ashland shall maintain Unit 1 as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby. This highway unit is more fully described below.

4. This agreement covering the jurisdictional exchange of highways will become effective on the date all required signatures are obtained, and shall remain in effect for the purpose of on-going maintenance responsibilities for the useful life of the facilities referred to in this agreement.

STATE'S OBLIGATIONS

1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Green Springs Highway and the state highway system as shown in Exhibit A. All rights, title, and interest of State, including all jurisdiction, maintenance, and control in said unit shall pass to and vest in City. Unit 1 is described as follows:

Unit 1

All land within the right-of-way boundaries of the Green Springs Highway No. 21 as presently located from approximately Highway Engineer's Station 0+00 (MP 0.00) opposite the intersection of Rogue Valley Highway No. ~) easterly to Engineer's Station 40+06.35 (MP 0.76) located at the Union Pacific Railroad (UPRR) overcrossing, Bridge No. 0406A. SeCtions 10, 11, 14 and 15, Township 39 South, Range 1 East, Willamette Meridian; Jackson County, Oregon.

2. State agrees to pay City, an amount not to exceed $748,005 on or before November 1, 2004, in Statewide Transportation Improvement Program (STIP) funds. Said dollar amount includes the cost of pavement preservation treatments.

3. After November 1, 2003, and at State's option, State agrees to reimburse the City for pavement preservation treatments or State shall overlay Unit 1. Should State choose to overlay Unit 1 prior to jurisdictional transfer, $423,600 shall be deducted from the $748,005 outlined in paragraph 2 above.

CITY'S OBLIGATIONS

1. City agrees to accept all of State's rights, title and interest in Unit 1; to accept jurisdiction and control over the property; and to maintain the property as a portion of its city street system as long as needed for the service of persons living thereon or a community served thereby. Any right-of-way being transferred in which State has any title shall be vested in City so long as used for public road purposes. If said right-of-way is no longer used for public road purposes, it shall automatically revert to State.

2. City agrees to State retaining any and all purchased access rights of Unit 1.

3. City shall pass an ordinance or resolution, as the case may be, authorizing MayodManager and Recorder to enter into the agreement on behalf of City.

GENERAL PROVISIONS

1. The properties above described are relinquished and transferred subject to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties.

2. This agreement may be terminated by mutual written consent of both parties. State may terminate this agreement effective upon delivery of written notice to City or at such later date as may be established by City, 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 performance of this agreement in accordance with its terms, and after receipt of written notice from fails to correct such failures within 10 days or such longer period as may authorize.

d. If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement.

e. 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 State is prohibited from paying for such work from the planned funding source.

Any termination of this agreement shall not prejudice any rights or obligations.

5. Both parties acknowledge and agree that each other and the Oregon Secretary of State's office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of both parties that are pertinent to this agreement to perform examinations and audits and make excerpts and transcripts.

6. Both parties 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 and State expressly agree 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.

7. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, 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 State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision.

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

_ Signatures_

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RESOLUTION NO. 2002-

RESOLUTION AUTHORIZING AGREEMENT NO. 707 - ABANDONMENT AGREEMENT FOR UNIT 1 GREEN SPRINGS HIGHWAY NO 21 (OR ROUTE 66) (TO THE CITY) CITY OF ASHLAND WITH THE OREGON DEPARTMENT OF TRANSPORTATION (ODOT); MP 0.00 TO MP 0.76 (ASHLAND STREET FROM SlSKIYOU BOULEVARD TO FAITH AVENUE)

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. Agreement No. 707 - Abandonment Agreement for Unit 1 Green Springs Highway No 21 (OR Route 66) (to the City) City of Ashland with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.76, provides for the jurisdictional exchange of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of Faith Avenue.

SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on behalf of the city.

SECTION 3. This resolution takes effect upon signing by the mayor.

This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this ____day of September, 2002.
Barbara Christensen, City Recorder

SIGNED and APPROVED this ____day of September, 2002.
Alan DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

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