[ Council Communication ]  [ Amendment ]

Council Communication

Title:	Approval of Amendment No. 1, Highway 66 Access Management Project   between the City of Ashland and the Oregon Department of Transportation
Dept:	Public Works Department
Date:	November 5, 2002
Submitted By:	Paula Brown
Reviewed By: ........................	Brian Almquist, Interim City Administrator

Synopsis:	The attached amendment provides an additional $100,000 for the Access Management Project for Ashland Street (Highway 66). The Oregon Department of Transportation (ODOT) initially funded this project through their access management grant program. The City authorized acceptance of the initial grant of $450,000 in December 2001. Once the project design was completed costs increased. With the additional access controls and median islands, ODOT agreed to fund an additional amount. This amendment authorizes an additional $100,000 making the total grant to the City $550,000.
Recommendation:	It is recommended that Council approve Amendment No. l, Highway 66 Access Management Project between the City of Ashland and the Oregon Department of Transportation.
Fiscal Impact:	The access management funds are a grant to the City and are the basis for the project work on Ashland Street. In addition to these project dollars, the City will be entering into an agreement for jurisdictional exchange as discussed in the September 3, 2002 Council Communication. The jurisdictional exchange agreement will provide an additional $748,000 to the City for asphalt and future maintenance.
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 Oust 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 was approved and ODOT funded a project to provide median islands, adjust several current accesses onto Highway 66, and provide better pedestrian crossings at several locations. The initial agreement signed in December 2001 authorized $450,000 for these improvements. The project perimeters specify: "... 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,..." Additional median islands, driveway relocations and crosswalks increased the scope of the project. This amendment provides an additional $100,000 for a current ODOT grant total of $550,000 for the construction work. 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 will be costs borne by the City. Construction Progress Report: LTM is ahead of schedule and should be completed with all of their asphalt work prior to the Council meeting. We have worked with several property owners on driveway and sidewalk concerns and have all of those resolved. The changes that are most noticeable will be: the restrictions to a right in/right out at the main entrance to the Timbers Motel; the restrictions to making only fight tums in and out of the Beanery parking lot and also affecting Four and Twenty Blackbirds); several driveway accesses onto Ashland Street have been eliminated; three localions at SOU, one   at the Mobile Home Park, one at Three Harmonies (at Lit Way) - and a couple have combined   driveways from two to one (Littwiller Simonsen Funeral Home) or reduced the width of existing driveway accesses no access across Ray Lane, restrictions to a fight in/right out for all of the accesses at the businesses betwe0n Lit Way and Normal. With these changes comes a significantly improved and safer street, bike lanes and better pedestrian crossings. Also, Ashland Street will have significantly improved landscaping in medians, better sidewalks and handicapped accesses. U-turns will be allowed at Walker and at Normal Avenue. The project was started on September 9th and all but the landscaping will be completed November 8th. This is three weeks ahead of initial plans. The landscaping will continue until mid December. During this time there will be minor traffic interruptions. Our community has been cautious of the travel restrictions and the construction. Staff's appreciative of the cooperation we have had with business owners and their customers.

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AMENDMENT NO. 1
HIGHWAY 66 ACCESS MANAGEMENT PROJECT

The State of Oregon, acting by and through its Department of Transportation, hereinafter referred to as 'ODOT", and City of Ashland, hereinafter referred to as "city", entered into an Agreement on January 22, 2002. Said agreement covers constructing access management improvements on Green Springs Highway (OR 66).

It has now been determined by ODOT and City that the agreement referenced above, although remaining in full force and effect, shall be amended by this agreement to increase access management funds.

Paragraph 2 of TERMS OF AGREEMENT, Page 2, which reads:

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.

Shall be amended to read:

2. The Project shall be conducted as a part of the Access Management Bonding  Program. The total estimated cost of the Project is $550,000. City shall be responsible for any portion of the Project that is not covered by State Access Management funds.

Paragraph 5 of CITY OBLIGATIONS, Page 2, which reads:

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.

Shall be amended to read:

5. City ensures that ODOr's contribution of Project costs, not to exceed $550,000 will be applied to the Highway 66 Access Management Project only. City shall be responsible for funding the remaining Project costs.

Paragraph 14 of CITY OBLIGATIONS, Page 4, which reads:

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 n)quirements of federal and state civil dghts and rehabilitation statutes, rules and regulations.

Shall be amended to read:

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 a~d 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 659A. 142; (iv) all regulations and administ~rative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil dghts and rehabilitation statutes, rules and regulations.

Paragraph 2 of ODOT OBLIGATIONS, Page 4, which reads:

2. After the completion of the Project and upon receipt of progressive billings, ODOT shall 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.

Shall be amended to read:

2. After the completion of the Project, and conditioned upon receipt of iprogressive billings during performance of the work on the Project, ODOT shall reimburse city a sum in an amount not to exceed $550,000 for the actual costs of RE, CE and construction costs.

Paragraph 4, shall be added and by this reference made a part

ODOT OBLIGATIONS, hereof:

4. ODOT hereby grants City the right to enter onto and occupy ODOT right-of-way as necessary for the completion of the Project.

HOLD HARMLESS PARAGRAPH shall be added and by this reference made part hereof:

City and ODOT shall, to the extent permitted by the Oregon ConstitutiOn and the Oregon Tort Claims Act, indemnify, defend, save, and hold harmless the other party and its members, its officers and its employees from all claims, suits, and liabilities which may occur in the performance of this agreement.

All other terms and conditions of the agreement remain in effect.

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

The Oregon Transportation Commission' on January 16, 2002, approved Delegation Order No. 2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission.

On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No. 2, in which the Director delegates authority to the Executive Deputy Director for Highways to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program.

CITY OF ASHLAND, by and through its STATE OF OREGON, by and through its Elected Officials Department of Transportation

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